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

[Nikynoo]

I don’t have a searchable AA. Were there telematics for Suzanne’s RR?

 

[mrjitty]

I don’t have a searchable AA. Were there telematics for Suzanne’s RR?

Yes. If you look at the sanctions judgement i posted a bit upthread, Judge Lama discusses how the prosecution were late to discover them. I never understood why this was, but it seems there is no evidence there that is useful to either party. Probably the RR sat in the garage since friday night.

 

[I am not Sherlock H.]

Ok so as @Seattle1 points out, SR has this a bit confused.

The defence argued the CODIS stuff at the prelim in the year before the trial date for heavens sake - they knew about it way back when. Those violations mainly relate to before the prelim, because as Judge Lama points out, the defence might have chosen to bring an expert to the prelim to try to combat the finding of probable cause. This is a fair enough.

But the violations that finally caused Judge Lama to lose patience was the failure to file the expert bios. The failure to file the bios on time is why those experts were excluded by the judge - and that caused the dismissal.



Had they met the deadline, the experts would have stood, and the DA wouldn't have been forced to seek a dismissal. IMO

Especially the Judge made it clear the sanction was to discourage future violations due to a pattern (which also includes many other cases). He did not exclude the experts because of hiding exculpatory DNA evidence.

02c

Court order on motion for sanctions

Nice summary here on past events on this aspect mrjitty….. thank you! And one aspect in this absolutely ‘smokes my grits’:

“But the violations that finally caused Judge Lama to lose patience was the failure to file the expert bios. The failure to file the bios on time is why those experts were excluded by the judge - and that caused the dismissal.”

All the more reason for the prosecutors and investigators to take their time. And any time if need be to do so IMO. We don’t need a rush or any other procedural errors to derail the effort! All needs to be lock step and accurate.

And don’t mean to keep comparing or other cases….. but again the Michelle Troconis case in CT. The prosecution was pleading for the defense lead counsel JS to provide bios and CV for his defense expert witnesses. And did he ever delay and stall in open court, and this was quite late in that trial. It is unfortunate there seem to be such differences amongst different courts and jurisdictions. But we now know that CT prosecutors, the Judge, and the jury have completed much of their work there in that case.

IMO there is no rush for CO in the BM case. It is about the loss of what seems to be a beautiful, loving mother of two young daughters. And the slain wife of IMO a questionable individual. And it now shifts to prosecuting for justice on SM behalf. There is no rush. MOO

 

[Nikynoo]

Yes. If you look at the sanctions judgement i posted a bit upthread, Judge Lama discusses how the prosecution were late to discover them. I never understood why this was, but it seems there is no evidence there that is useful to either party. Probably the RR sat in the garage since friday night.

Thanks. So the defence has the RR data now - whether there is anything of use to either side is doubtful (?), but then they didn't know what we know now. ATM, I think bike and body disposal in Suzannes RR.

 

[mrjitty]

Thanks. So the defence has the RR data now - whether there is anything of use to either side is doubtful (?), but then they didn't know what we know now. ATM, I think bike and body disposal in Suzannes RR.

There is more than one RR - and the older one doesn't have telematics - so i suspect it will have been that one he used.

 

[Ruby_PA]

DBM, I see others have already mentioned Scott Reich's podcast about the "possible other suspect" & the DNA inside the helmet.
Insane how the info can be twisted by someone like that, what a hack.

 

[Nikynoo]

There is more than one RR - and the older one doesn't have telematics - so i suspect it will have been that one he used.

Barry is lazy right? The bike was probably still in the car from Fridays ride? Or, did they remove it before going for Pizza (if so why?). If the bike was still in Suzannes RR, why have the hassle of moving it from one car to another?
HMM, i wonder if the back seats needed to go down to accomadate the bike, or whether just the front wheel was removed for transport? I wonder if someone not au fait with putting the front wheel back on would do it correctly?

 

[mrjitty]

Nice summary here on past events on this aspect mrjitty….. thank you! And one aspect in this absolutely ‘smokes my grits’:

“But the violations that finally caused Judge Lama to lose patience was the failure to file the expert bios. The failure to file the bios on time is why those experts were excluded by the judge - and that caused the dismissal.”

All the more reason for the prosecutors and investigators to take their time. And any time if need be to do so IMO. We don’t need a rush or any other procedural errors to derail the effort! All needs to be lock step and accurate.

And don’t mean to keep comparing or other cases….. but again the Michelle Troconis case in CT. The prosecution was pleading for the defense lead counsel JS to provide bios and CV for his defense expert witnesses. And did he ever delay and stall in open court, and this was quite late in that trial. It is unfortunate there seem to be such differences amongst different courts and jurisdictions. But we now know that CT prosecutors, the Judge, and the jury have completed much of their work there in that case.

IMO there is no rush for CO in the BM case. It is about the loss of what seems to be a beautiful, loving mother of two young daughters. And the slain wife of IMO a questionable individual. And it now shifts to prosecuting for justice on SM behalf. There is no rush. MOO

The thing is, and I realise i went deeper on this stuff that was probably good for my sanity, there doesn't appear to have been any reason to file the stuff late, other than institutional fail across multiple cases.

Take the CAST expert. The defence know who the CAST expert is since before the prelim. The defence had the CAST report since before the prelim. Yet the DA managed to get the CAST expert sanctioned for not delivering some standard form stuff on time.

When I have time, i will try to find the states response seeking reinstatement of the experts - it's all in that, and it's posted in the media thread somewhere.

tldr; this was more a case of the DA not handing in her homework on time, despite actually having done her homework

Barry is lazy right? The bike was probably still in the car from Fridays ride? Or, did they remove it before going for Pizza (if so why?). If the bike was still in Suzannes RR, why have the hassle of moving it from one car to another?
HMM, i wonder if the back seats needed to go down to accomadate the bike, or whether just the front wheel was removed for transport? I wonder if someone not au fait with putting the front wheel back on would do it correctly?

If so, its in the telematics

 

[mrjitty]

Can someone please do me a favour and post the link for the full case files? The states response to sanctions is on there, and it provides a deep dive into the state of the investigation at the time the plug was pulled.

 

[Megnut]

The thing is, and I realise i went deeper on this stuff that was probably good for my sanity, there doesn't appear to have been any reason to file the stuff late, other than institutional fail across multiple cases.

Take the CAST expert. The defence know who the CAST expert is since before the prelim. The defence had the CAST report since before the prelim. Yet the DA managed to get the CAST expert sanctioned for not delivering some standard form stuff on time.

When I have time, i will try to find the states response seeking reinstatement of the experts - it's all in that, and it's posted in the media thread somewhere.

tldr; this was more a case of the DA not handing in her homework on time, despite actually having done her homework



If so, its in the telematics

Ooooooo

Is Suzanne's RR new enough for telematics? Will we learn that "Suzanne asked me to take her bike out if her RR" at 4 am?

 

[Megnut]

Can someone please do me a favour and post the link for the full case files? The states response to sanctions is on there, and it provides a deep dive into the state of the investigation at the time the plug was pulled.

This one?

https://www.scribd.com/document/562593014/People-of-Colorado-v-Barry-Morphew-Response-to-Defense-Supplement-to-Motion-for-Sanctions

 

[Skigh]

I am not looking forward to the locked arms threesome strutting into the memorial.

I wonder if Iris will be there. I have a feeling that they might try and avoid any waiting press and drive right up to a side entrance and sneak in.

I am still really hoping that an arrest will happen today or tomorrow .

 

[Momofthreeboys]

I am in no hurry for an arrest. I can't image a new DA is is any hurry either. I am assuming the prosecution will be fully prepared and have thought through their strategy this time. I am also assuming that the DA is assuming IE will be the lead defense in another trial. They may also be waiting on some of the civil motions. But in general I am a person in no hurry for an arrest. I want them to get everything "right" this time.

 

[Curiousobserver]

I am in no hurry for an arrest. I can't image a new DA is is any hurry either. I am assuming the prosecution will be fully prepared and have thought through their strategy this time. I am also assuming that the DA is assuming IE will be the lead defense in another trial. They may also be waiting on some of the civil motions. But in general I am a person in no hurry for an arrest. I want them to get everything "right" this time.

There is a lot more data to collect from items found at the burial site as well. That clothing and other items found in and around the scene and at the home will now need to be re-looked at in light of what is now known about how the alleged murderer committed this crime.

 

[bestill]

Does anyone recall the expiration date on the reward money offered by "the husband", curious as to why he would put a time clock on it?

 

[Skigh]

There is a lot more data to collect from items found at the burial site as well. That clothing and other items found in and around the scene and at the home will now need to be re-looked at in light of what is now known about how the alleged murderer committed this crime.

I would have thought after 7 months they would have had test results back and collected any other data they needed.

 

[scapa]

Scott Reisch is the same guy who concluded after the prelim in the Berreth case, that the prosecution had made a deal with the wrong person, and that things went well for the defendant. It was like he was following a completely different case.

I laughed hard at that, and I laughed harder when Frazee was convicted in record time. Scott is a no talent *advertiser censored* clown.

Agree -- he's a classic example of social media appeal to authority and kinda reminds me of the old joke (our anatomy prof used it with every first-year class) about what you call the person who finished last in med school. Doctor, of course.

I suppose the state is relatively restricted when it comes to PR campaigns on behalf of a case, as opposed to the DA office itself. But there should be a mechanism for correcting wild misinformation as opposed to defence spin in such a high-profile case, surely. Beyond journo integrity in the age of "citizen / digital journalism," I guess.

 

[Eaglette]

Does anyone recall the expiration date on the reward money offered by "the husband", curious as to why he would put a time clock on it?

That's BM using his last ultimate power - dictating a timeframe for $100k.

His sense of superiority and "dangling a $100k carrot" to pretend he cared.

 

[scapa]

Remember the:
"It's too soon."
I'm sorry I can't remember what that was about.

My guess:

"It's too soon... for anyone to notice you've gone missing and start looking for you in a serious way here instead of, say, Ecuador."

There were never enough free trash bins in Colorado for Barry to dispose of it all.

 

[MissTilly]

another thing that i have been mulling over is the crested butte sweatshirt that was found near SM’s remains
there are a number of photographs of SM wearing this, or a similar, garment and it appears to be a favourite of hers, it is also quite distinctive
surely at some point LE would have taken BM or her daughters to the home and asked “are any of her clothes missing?”
why was this garment never mentioned in any of the missing posters or other information about SM?
not exactly “biking clothes”
moo