Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #100 *Case dismissed w/o Prejudice*

[Cindizzi]

Exhibit 30 (Page 5) is interesting. The verbiage "keep protected" appears there.

ETA: Exhibits 26 and 27 (Page 5) have similar wording.

JMVHO.

I believe it’s to protect the identity of the victim in the SA case found in CODIS.
JMO

 

[Lyanna]

Latest register of actions. https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

Pg 10, permission to redact inadmissible evidence from Barry's police interviews - D 33

 

[Cindizzi]

Motions In Limine filed by the Defense on 4/5/22 and 4/6/22 from the Register of Actions uploaded here today:
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

Page 34 through 39

D-85. Exclude any testimony that BM had the capacity or personality trait(s) to commit murder or that SM did not have the capacity or personality trait(s) to commit suicide or leave her family.

D-84 Exclude recordings and irrelevant testimony of former friends ( EG, HW and spouse, SO and spouse, the Ritters, the Moorman family and others) about their suspicions and hunches.

D-83. Exclude evidence, testimony, arguments and comments about digital forensics.

D-82 Exclude conversation about immunity.

D-81 Exclude irrelevant material, including clothing found in a community dumpster.

D-80. Exclude evidence of crime shows.

D-79 Exclude irrelevant materials examined or taken from the Morphew home.

D-78. Exclude evidence, testimony, arguments and comments about a needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers.

D-87. Prohibit any reference to polygraphs as an investigatory tool in this case.

D-89 Exclude any evidence, testimony, arguments and comments about BM’s hunting or firearm skills.

D-88 Exclude any evidence, testimony, arguments and comments about Telematics.

D-90. Exclude pushpin map, diagrams or testimony about alleged locations of cell phones.

D-91. Prohibit improper and unconstitutional comments, questions, statements and arguments.

Looks like I missed one.

D-86
Exclude the use of the term no body homicide.

 

[MassGuy]

Looks like I missed one.

D-86
Exclude the use of the term no body homicide.

Barry is on trial for murder and there is no body. "No body homicide" is precisely what this is. Jeepers.

 

[Megnut]

I think the defense forgot to ask for a blanket dismissal of all things that make Barry look bad.

Which is... all the things.

JMO

 

[crhedBngr]

I believe it’s to protect the identity of the victim in the SA case found in CODIS.
JMO

That makes sense.

Thanks.

 

[WingsOverTX]

Motions In Limine filed by the Defense on 4/5/22 and 4/6/22 from the Register of Actions uploaded here today:
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

Page 34 through 39

D-85. Exclude any testimony that BM had the capacity or personality trait(s) to commit murder or that SM did not have the capacity or personality trait(s) to commit suicide or leave her family.

D-84 Exclude recordings and irrelevant testimony of former friends ( EG, HW and spouse, SO and spouse, the Ritters, the Moorman family and others) about their suspicions and hunches.

D-83. Exclude evidence, testimony, arguments and comments about digital forensics.

D-82 Exclude conversation about immunity.

D-81 Exclude irrelevant material, including clothing found in a community dumpster.

D-80. Exclude evidence of crime shows.

D-79 Exclude irrelevant materials examined or taken from the Morphew home.

D-78. Exclude evidence, testimony, arguments and comments about a needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers.

D-87. Prohibit any reference to polygraphs as an investigatory tool in this case.

D-89 Exclude any evidence, testimony, arguments and comments about BM’s hunting or firearm skills.

D-88 Exclude any evidence, testimony, arguments and comments about Telematics.

D-90. Exclude pushpin map, diagrams or testimony about alleged locations of cell phones.

D-91. Prohibit improper and unconstitutional comments, questions, statements and arguments.

ETA:

Looks like I missed one.

D-86
Exclude the use of the term no body homicide.

Requested Exclusions:

- Digital forensics

- Conversation about immunity

- Needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers

- Hunting/firearm skills

- Telematics - ANY EVIDENCE

- Cell phone locations

What a farce. I don't remember this brand of gun BBM being mentioned before. What do we know about it?

JMO

 

[mrjitty]

I think the investigation, even with Cahill, seems to have been pretty competent. With more time, I think it would have been even more complete.

The prosecution... well, I'll be kind and say that it hasn't been great. I don't know that we can blame it on covid. The pandemic had already been going for a year when they decided to file charges (over the objections of CBI) and start the clock. They could easily have waited, gotten all the DNA testing done, lined up experts and gotten their reports, etc before arresting Barry. And they were sloppy right from the start. Small things, but small things become big things in a high pressure case against a good and well-resourced defense team. The DA didn't know what charges they were filing when she was asked at the press conference announcing the arrest. They forgot to include the DV enhancer in the initial complaint and had to amend it an hour after filing it.

Then it started to really go off the rails at the PH IMO. They seem to have made the amateur mistake of trying to hide the ball with the CODIS hits. It's lawyering 101 that you're better off taking any potentially damaging evidence and addressing it up front. Especially when, as in this case, there's a very good explanation for why that evidence doesn't damage your case. Instead they made it look like they were trying to hide it, let the defense be the first to bring it up, and didn't have a credible witness to explain why it wasn't important. Doing it that way is likely to make a rational person assume that the DNA evidence is important and damaging to the prosecution's case, and I imagine that influenced Judge Murphy's PE/PG decision.

And now it seems like they've just completely dropped the ball when it comes to their expert witnesses. And that's unforgivable in a case where those witnesses are going to be crucial to building their case. And having read their motion to reconsider, it just seems disingenuous. They are now claiming that they really did disclose the expert reports for their crucial witnesses in mid 2021. If that's the case, how did they not know this themselves? They could have pointed this out at the February 28th hearing when they instead asked for an extension. They could have pointed it out at the March 10th hearing about missing the extended deadline. Instead, they're only raising the issue now in a motion to reconsider.

It reads to me like they got caught completely unprepared when the defense pointed out that they'd missed the expert witness disclosure deadline in the case management order. Then they scrambled to try and generate expert reports before the extension expired, failed to do so, and then just filed the cvs a day late. After having their experts excluded, they've now gone back over things they'd already disclosed and found anything that could be considered vaguely like an expert report and are now trying to claim that those satisfy the requirements. I hope they're successful if they decide to appeal the judge's order, but I doubt they will be.

I don't disagree with your analysis here but what I was getting at with Cahill is he appeared to have the responsibility to sort out the DNA stuff and didn't do it - at least according to the Judge's understanding.

I get why that might have been the case with the AA, but certainly after the prelim they should have been able to sort this.

 

[MrsWatson]

Don't they need to site legal reasons why these things should not be included?

It's like they're giving the judge their Christmas list.

 

[Lyanna]

Pg 24 defence motion to strike witnesses who have been mis-labelled as lay witnesses - guessing they really don't want Grusing to talk, in any capacity

 

[MassGuy]

Requested Exclusions:

- Digital forensics

- Conversation about immunity

- Needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers

- Hunting/firearm skills

- Telematics - ANY EVIDENCE

- Cell phone locations

What a farce. I don't remember this brand of gun BBM being mentioned before. What do we know about it?

JMO

This might be that altered "short rifle."

 

[WingsOverTX]

I think the defense forgot to ask for a blanket dismissal of all things that make Barry look bad.

Which is... all the things.

JMO

RIGHT?

If her body was found, that would be requested for exclusion as prejudicial too.

Again I'll say: WHAT A FARCE!

Makes me sick.

MOO

 

[waldojabba]

Pg 10, permission to redact inadmissible evidence from Barry's police interviews - D 33

Wait what? Didn't Defense ask for an additional week so they could play the full interviews between BM and LE ?
So what's this ?
They want to strip out from the BM/LE interviews any mention he made re immunity, no mention of how he likes crime shows, prohibit any mention of polygraphs, exclude ANY mention of BM's hunting and firearm skills ( Didn't BM say that was basically all he had left in life ?)exclude anything mentioning the needle sheath cover and darts etc, . Also looking at the list it seems they want to exclude the term No Body Homicide, exclude telematics, exclude maps with cell phone info - and looks like there was a subpoena by the Defense to the Walmart Pharmacy. The D also wants to exclude irrelevant clothing found in the community dumpster
Makes my head spin lol

 

[MassGuy]

Pg 24 defence motion to strike witnesses who have been mis-labelled as lay witnesses - guessing they really don't want Grusing to talk, in any capacity

He didn't testify as an expert during the prelim either.

 

[Lyanna]

He didn't testify as an expert during the prelim either.

He's an impressive guy, watched some interviews with him after yourself and others posted here - wanted to see for myself.
Pleased he represents Suzanne, gutted if we don't get to see/hear him, it's beginning to feel like Barry's defence are disappearing her also and Grusing could definitely help in keeping her front and centre, where she should be, as the true victim.

moo

 

[Diddian]

Defense has been inordinately successful so far, so they are attempting to shoot the moon.

They would reduce this to a “failure to protect vulnerable person” case and have the judge wag his finger at BM, “you should have protected your wife better from all those mysterious animal and multi-state traveling partial-DNA-match dangers present in Maysville on MDW as she recovered from her cancer.” (You know, the ones that promptly reverted to their typical inactivity in the region.)

“Your honor, I’d have tried to protect her, but she just had become so BALLSY lately. I attribute it to all the drugs and alcohol I’d mentioned repeatedly to the officers from DAY ONE and that friend of hers I tried to get her to leave behind in Indiana. You know, wimmen (circles index finger repeatedly next to ear).”

They’d be done before lunch the first day of trial, BM would regain all his firearms and ammunition, his attorneys would begin their suits against all the investigators and prosecutors who had been tirelessly involved in the two-year search for SM’s remains and the pursuit of justice, everybody defense-connected would buy a new dress or suit or wig, and BM would get his veneers shined for all the press photos.

 

[Cindizzi]

The State has filed a Motion to Strike Defendant’s Expert Witness Dr. Richard Leo. P-51
Page 38
https://www.courts.state.co.us/user...rict/Freemont/Morphew/4_19_22 morphew roa.pdf

I’m guessing this is him :

An Example of what Dr. Richard Leo says when he testifies on the issue of false confessions | John E. Reid and Associates, Inc.

 

[Spartygirl]

UGH Thread #100 already !!

#justiceforSuzanne

 

[WingsOverTX]

The State has filed a Motion to Strike Defendant’s Expert Witness Dr. Richard Leo. P-51
Page 38
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

I’m guessing this is him :

An Example of what Dr. Richard Leo says when he testifies on the issue of false confessions | John E. Reid and Associates, Inc.

Smells like desperation (by the defense). Good, they are beginning to show their fears about their client's many hours of lies which incriminate him.

Those mean & crafty FBI & CBI agents! Being hoisted on his on petard comes to mind.

JMHO

 

[Love Never Fails]

Motions In Limine filed by the Defense on 4/5/22 and 4/6/22 from the Register of Actions uploaded here today:
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

Page 34 through 39

D-85. Exclude any testimony that BM had the capacity or personality trait(s) to commit murder or that SM did not have the capacity or personality trait(s) to commit suicide or leave her family.

D-84 Exclude recordings and irrelevant testimony of former friends ( EG, HW and spouse, SO and spouse, the Ritters, the Moorman family and others) about their suspicions and hunches.

D-83. Exclude evidence, testimony, arguments and comments about digital forensics.

D-82 Exclude conversation about immunity.

D-81 Exclude irrelevant material, including clothing found in a community dumpster.

D-80. Exclude evidence of crime shows.

D-79 Exclude irrelevant materials examined or taken from the Morphew home.

D-78. Exclude evidence, testimony, arguments and comments about a needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers.

D-87. Prohibit any reference to polygraphs as an investigatory tool in this case.

D-89 Exclude any evidence, testimony, arguments and comments about BM’s hunting or firearm skills.

D-88 Exclude any evidence, testimony, arguments and comments about Telematics.

D-90. Exclude pushpin map, diagrams or testimony about alleged locations of cell phones.

D-91. Prohibit improper and unconstitutional comments, questions, statements and arguments.

ETA:

Looks like I missed one.

D-86
Exclude the use of the term no body homicide.

Is it possible the judge has agreed to any of these? Wow. That’s the whole case.