Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #113

[Cindizzi]

Colorado mainly charges criminal offenders by Information and Complaint, and seldom employs a grand jury. Generally, a grand jury indictment replaces the preliminary hearing.

@Cindizzi -- do you recall if Mark Redwine also had a preliminary hearing following his 2017 grand jury indicted?

These Covid era trials really messed with me, and if anybody remembers-- we know it will be you, rock star of the memory and case archives! xx

You are too kind, @Seattle1
I really don’t remember a prelim so I’ll see what I can find.

 

[Seattle1]

I am curious about why they seldom employ the grand jury. I like a grand jury but am interested in knowing why this is the case frequently in Colorado. Can you explain this a little further please? You do suspect that a grand jury met following the remains discovery correct? How do they distinguish between what needs a grand jury or preliminary hearing? Is this part of the reason the initial judge and others balked at the AA rather than a true indictment. Thanks in advance!

I'm sure you've probably heard the phrase "a grand jury will indict a ham sandwich," well, I'll leave that one to each their own!

From the perspective of a public viewer only, I offer my opinion only, in response to your questions. I'm also linking qualified opinions on the subject at the bottom of my response for your reference.

Specific to Colorado, in my experience, grand juries are typically called upon when it comes to investigating disputable, high-profile cases, and cases involving alleged police misconduct. They are also favored in cases demanding privacy.

After the dismissal of BM's murder case, and disputable reasons as to why it was dismissed, I think a grand jury investigation to indict him on the murder of SM is appropriate. And yes, I do believe a grand jury was assembled following the recovery of SM for a couple of reasons including that BM is currently suing the entire 11th Judicial District prosecution team and its state and federal partners, in a federal civil suit. I also think BM's been a flight risk since Sept 2023!

Since grand juries are held in secret, as a member of the public, my preference is hands down for the arrest and charges by an Information and Complaint, where a defendant has a right to a preliminary hearing!

I also appreciate the speed of this method as compared to a grand jury indictment. For example, a defendant has 7 days after the Colorado advisement hearing or arraignment to request a preliminary hearing. Once you make the request, the PH must occur within 35 days unless you waive that right. (Generally, the defense needs additional time and waives the the rule).

To be clear, if indicted by a grand jury, a defendant is not entitled to a preliminary hearing. In other words, if indicted by the grand jury, the defendant is going to trial, and this is no longer the decision of the district court judge at the conclusion of the PH.

Under an Information and Complaint, the public will learn critical details about a case from the arrest warrant and the PH-- not only about the charges, but also about the the state's evidence against the defendant!

During a PH, the defendant also gets the opportunity at an early stage in the criminal proceedings to challenge the sufficiency of the state's evidence in front of an impartial Judge.

Under a grand jury indictment, we have to wait until trial to learn this information. Regardless of who initiates a grand jury investigation, there is also no specific right for a defendant or defense counsel to take part in the proceeding.

For many of us here, we live for the PH where the case begins to unfold right in front of us! For example, following BM's May 2021 arrest, his PH was held over four days in August, and it was our first glimpse into the evidence against BM.

At the conclusion of the PH, we learn whether or not the Court believes the prosecution met its burden to show probable cause to bind the defendant over for trial (i.e., the Court believes the offense in the compliant was committed by the defendant).

Generally, at the conclusion of the PH, the Court will also release the arrest affidavit (AA) that accompanied the application for arrest when it was presented to a Judge for signature. (While the Court released the AA for BM's case following the PH, we learned most of the case details in advance-- just by following the PH! This is when a great local reporter becomes a friend).

During the PH for a capital offense (first degree murder), we also learn whether the Court believes that the prosecution presented sufficient, credible evidence that proof is evident and presumption great (PEPG), that the defendant committed the offense in the complaint, and will likely be convicted at trial. If the Court agrees, the defendant will be held in custody for the duration, and not be eligible for bail release.

However, in the rare case of BM's PEPG hearing, the Court ruled that weighing the evidence by the prosecution, together with the DNA evidence from SM's glovebox, related to several unsolved sexual assaults, the Judge believed it could go either way for BM at trial, and pursuant to the Colorado State Constitution, BM was deemed eligible for pretrial bail release. PEPG was not met. This rarely happens in a first degree murder case.

I hope by providing my preferences over why I do not favor grand jury indictments, I answered your questions. All MOO

Rule 7 - The Indictment and the Information, Colo. R. Crim. P. 7 | Casetext Search + Citator

Read Rule 7 - The Indictment and the Information, Colo. R. Crim. P. 7, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

"Grand Juries" & "Indictments" in Colorado - How It Works

A Grand Jury in Colorado consists of 12 to 23 citizens summoned to investigate suspected criminal activity. If a majority find probable cause, they will indict.

www.shouselaw.com

https://corporate.findlaw.com/litig...rsus-prosecution-by-information-an-equal.html

More prosecutors are relying on grand juries in cases against police

Two men dressed in suits sporting well-trimmed beards sat with their attorneys before a judge in the unaccustomed position of being accused of a crime. The fired sheriff deputies’ former

gazette.com

 

[mrjitty]

Great post @Seattle1

I am actually kind of disturbed you can be indicted for murder in the US and not have a prelim. We are just seeing this in Delphi where the accused will not to go trial until nearly 2 years without a prelim or a bail hearing. I much prefer that there is some kind of judicial check that there is a case to answer beyond the bare PCA.

my opinion only

 

[Seattle1]

You are too kind, @Seattle1
I really don’t remember a prelim so I’ll see what I can find.

Since MR was indicted, he wasn't entitled to a PH but we did see Motions for a prelim by his defense (as linked by @Megnut). IIRC, Redwine was trying to challenge the indictment for lack of disclosures to the defense but not sure it went anywhere. I think they were mostly bothered over not being able to fish discovery. I thought the court ordered the defense receive the transcript of the GJ proceeding but maybe I made it up.

 

[DBLG]

DBM - off topic

 

[MassGuy]

Am I losing my mind? Is it possible that one of the attendees at the memorial was BM in disguise?
JMO

The Daily Mail just never caught sight of him, hence the liberties they took with the “snuck in” headline.

I think he just arrived early and left late.

 

[Seattle1]

The Daily Mail just never caught sight of him, hence the liberties they took with the “snuck in” headline.

I think he just arrived early and left late.

I agree! In Monday's version of the story, the DM tagged his Ford in the crowd.




In Tuesday's version, they still have a lense on his truck, but seems everybody left... and they were tired of waiting.



Photo #1- Credit DM
Photo #2 - Credit DM

 

[Error505]

Along the topic of indictments & arrests:

Public records obtained by 13 Investigates show DA Stanley’s office spent more than $243,000 investigating and prosecuting the case, including expenses for outside attorneys, hotel stays in Salida, and multiple hard drives.

Although the 11th Judicial District previously prosecuted the case, Suzanne’s body was found in the 12 Judicial District. According to Colorado state law, the location of a trial is determined by where the death was inflicted, where the death occurred, and where the body was found.

“In the interest of justice, quite frankly, this (case) should have a new start,” said Dennis Maes, the former Chief Judge of the 10th Judicial District Court.

“Money's not the issue here,” Maes said. “Justice needs to be served in this particular case and whatever that cost is, that's what it is.”

“There have been occasions in the past when local district attorney's offices have sought out the help of the state attorney general's office and in providing resources,” Maes said. “I would certainly at least explore that idea, particularly for these smaller jurisdictions.”
11th Judicial District Attorney's Office spent quarter of a million dollars on Morphew case | KRDO

Then there’s this:
“The investigative team will continue to consult with Twelfth Judicial District Attorney Anne Kelly.”
Suzanne Morphew Autopsy Results - CBI UPDATE | Colorado Bureau of Investigation

Dear IE, I hope your client gets a real chance to "clear his name... in a new trial... with ALL of the evidence allowed and presented to a jury. MOO
EBM clarification

 

[GOBliaison]

As a "hunter", quotes deliberate, Bwana Barr had practical experience with the twilight phenomenon.

"For review", quotes deliberate, you will recall that there are three degrees of twilight which precede every sunrise and follow, in reverse order, every sunset. In sunrise sequence, these occur as "Astronomical", "Nautical", and "CIviI" twilights.
Merriam-Webster describes "civil twilight" as the period after sunset or before sunrise during which on clear days there is enough light for "ordinary outdoor occupations".

If I used the tabulations correctly {timeanddate.com} : - - WHICH I DID NOT, SO PLEASE SEE BELOW - -

# # #
For Salida this May 20th, Civil Twilight commences @ 5:17am...
with Sunrise thirty minutes later, @ 5:47am*
*... which latter time I consider smack-atop the pitcher's mound " @justtrish Stadium ", supra!]​

__________________________________
Q: Any impact(s) vis-a-vis our hypotheses re. suspect's activities, timeline(s), travels, location selection, or....?

Pardons begged all around... inasmuch as:

On the morning of May 10th,
Civil Twilight in Salida will commence @ 5:26am, vice 5:17am...
with Sunrise, again, thirty minutes subsequent, @ 5:56am, vice 5:47am.

# # #
​

I was going to provide everyone with Civil Twilight data in the vicinity of the Moffat gravesite, but my confidence has been shaken. You're on your own now !

 

[Charlot123]

Bolding mine.
Oh my goodness.

Why on earth would BM's atty. want people to think there were farmers and ranchers inside the Morphew home ?
Just not very plausible and imo -- it's unprofessional to assume anyone will believe this !
Omo.

I wouldn’t remember the details, but BM usually would not have high opinion of people who were below him socially, would he? He called people working for him “methheads” and what not. The only person he seemed to respect, besides richer neighbors of Salida, was this friend who made several trips to Afghanistan and whose feats Barry inflated. I simply can’t imagine him letting local farmers and ranchers into his house. He is pretty snobbish, IMHO.

 

[mrjitty]

For me one of the more interesting issues as regards new charges is that IE will no doubt claim that the sanctions should be re-imposed.

I have no idea as to the law on that, or where to begin finding out!

MOO

 

[FromGermany1]

Very true. However, nothing to say the dirt (also collected) and probable rocks were not native to the ground at Moffat burial site.

If the rocks/stones are round and polished smooth, they may have come originally out of water and from a/THE river (client property), means NOT native to the Moffat area, which is rather desert-like. Maybe that's a differentiating factor. It would possibly be a timely connection between BM and Moffat. MOO

 

[FromGermany1]

I'm sure Barry’s sporting a tan, highlighted hair and a tight shirt.

Not so sure, but interested in knowing, if he was accompanied by Suzanne 2.0, the "dumpster doppelganger". I wouldn't consider anything impossible.

 

[FromGermany1]

Oh I don’t think he had to bother, because what’s the difference if she’s never going to be found?

I think she changed from her bathing suit to this sweatshirt and shorts during the gap between messaging JL and Barry arriving home.

She was killed in what she was wearing.

I missed panties, when even a partly padded bra was mentioned .....

 

[Charlot123]

If the rocks/stones are round and polished smooth, they may have come originally out of water and from a/THE river (client property), means NOT native to the Moffat area, which is rather desert-like. Maybe that's a differentiating factor. It would possibly be a timely connection between BM and Moffat. MOO

Don’t you remember the report of some neighbors the night when SM was likely killed that they woke up to the sound of the stone crusher or a wood crusher or something like that? We were also wondering if he was doing something with the body. I wonder if he grinded the stones and took some of them with him, maybe as the marker for the site? I never understood what/why he did that night.

 

[FromGermany1]

Don’t you remember the report of some neighbors the night when SM was likely killed that they woke up to the sound of the stone crusher or a wood crusher or something like that? We were also wondering if he was doing something with the body. I wonder if he grinded the stones and took some of them with him, maybe as the marker for the site? I never understood what/why he did that night.

I vague remember a wood crusher near the river, something like that. There was the consideration, if BM could have shredded a body. Time and location I don't remember well. Friday to Saturday night? The beach property or his own PP property?

Now, that we know more and know, where SM ended her existence as an probably intact body of a (pretty) woman, means at Moffat, we should perhaps rehash the first investigations at the beach property. Digging up concrete; sifting concrete/sand? What did the investigators hope to find and what didn't they find?

 

[Megnut]

Pardons begged all around... inasmuch as:

On the morning of May 10th,
Civil Twilight in Salida will commence @ 5:26am, vice 5:17am...
with Sunrise, again, thirty minutes subsequent, @ 5:56am, vice 5:47am.

# # #
​

I was going to provide everyone with Civil Twilight data in the vicinity of the Moffat gravesite, but my confidence has been shaken. You're on your own now !

At the risk of jostling your shaky confidence further, I ask whether you know what bearing the lunar phase on ambient lighting relative to civil twilight. I ask because diffuse lighting has bearing on my case, especially if Barry had the advantage of a well lit night, racing only against the full exposure of day.

Based on your numbers, how ever light the night, Barry was well beyond Poncha Springs by earliest time cited (5:26 am) and iirc was using his phone naturally

P. 84(86) Barry captured on video surveillance at 5:14/16 at the juncture of 50 and 285.

It's shortly after that iirc that Barry called his mother to wish her a happy mother's day.

Guess he didn't feel the need to call Suzanne and wish her the same.

Hell, the dust in Moffat hadn't even settled yet.

Jmo

DocumentCloud

www.documentcloud.org

 

[FromGermany1]

At the risk of jostling your shaky confidence further, I ask whether you know what bearing the lunar phase on ambient lighting relative to civil twilight. I ask because diffuse lighting has bearing on my case, especially if Barry had the advantage of a well lit night, racing only against the full exposure of day.

Based on your numbers, how ever light the night, Barry was well beyond Poncha Springs by earliest time cited (5:26 am) and iirc was using his phone naturally

P. 84(86) Barry captured on video surveillance at 5:14/16 at the juncture of 50 and 285.

It's shortly after that iirc that Barry called his mother to wish her a happy mother's day.

Guess he didn't feel the need to call Suzanne and wish her the same.

Hell, the dust in Moffat hadn't even settled yet.

Jmo

DocumentCloud

www.documentcloud.org

When did MG hear the sound of his wellknown truck inside her apartment?

 

[Megnut]

Was Suzanne's backpack ever recovered?

I ask because I keep thinking about her RR, and the stuff strewn on the seat. It's not like her!!!

Barry meanwhile knows NOTHING about biking, knows NOTHING about riding but knows EVERYTHING about messes. When he accessed her car to get her bike, he also gathered her helmet, likely her biking jacket, and based on his Poncha Market list, some baby blue biking clothes. Match match. Just not her sunglasses, gloves, shorts, camelback.

But what if he DID grab her backpack, first dumping out the content on the seat. Maybe utilized the backpack temporarily for the helmet, sling it over his shoulder to free up his hands...

Doesn't really change things either way but for me, it explains the mess in her RR.

I don't think Suzanne's RR was driven that weekend but it's sure love to know if they ever got data back like that for Barry's truck, to show what time doors opened and closed.

I'd peg it for right about 4:30 am...


Including photos from the preliminary hearing depicting the interiors of Suzanne's and Barry's vehicles respectively, for comparison's sake.

Court releases evidence from Barry Morphew’s preliminary hearing

CHAFFEE COUNTY, Colo. — For the first time since Barry Morphew’s arrest last year, the public is able to see in-color photos of evidence from the investigation into the murder of his wi…

www.fox21news.com

 

[Megnut]

When did MG hear the sound of his wellknown truck inside her apartment?

Referring to this excellent summary by @sk716 she heard it at 5am.

Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92

A Chaffee County woman is missing after a neighbor said she went out for a bike ride Sunday and never returned Chaffee County woman missing since Sunday after neighbor said she went out for bike ride List of Case Players and Their Relationship to Discussion (Post #440) ————————————- MEDIA...

www.websleuths.com