Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #87

[carolmaria]

It is always in defense's interest to delay, delay, delay

Yup. Though obviously a different situation, reminds me of defense antics in the Dulos case. Keeping the victim’s face and “voice” front and center is a key to conviction, IMHO.

 

[Monty Ma]

This is my post from October 13 where I viewed SDs hearing. The Judge told her attorney that IF this goes to trial ( SD trespassing charge), he would have to remove himself.

IMO that is WHY SD decided to have a jury trial instead of bench trial. For Misdemeanor she had the option.

Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85

Cut and paste from my October 13 post:

Just watched SD hearing via WebEx. She appeared in person. Her lawyer was by phone. He said the name of his firm , 3 last names. Judge Murphy asked if one of the names was first name Sean, lawyer said yes. Judge said he’s known S since 6th grade so if this goes to trial, he could not preside.
He is sending to County Court.
This was supposed to be an appearance of counsel hearing. SD lawyer said their request to also do arraignment today was denied. Judge said no it wasn’t, did she want to enter not guilty plea. Lawyer said no.
Back in court November 16
Prosecution said they are waiting to hear back from victim.
This is on the trespassing charge.

BBM This is what I am thinking as well. Taking the misdemeanor to jury trial was very puzzling. Would be interesting to know the background on who advised her to do that. Are there any conflicts of interest there? If Murphy recuses, will she then make a plea on her misdemeanor and forgo the jury trial? Seems like a potential chess game here.

 

[Volgal]

I disagree. He obviously had a good business going with good accounts and reputation and he sold it for a one million! What's wrong with that! It's the American dream! You don't need a "college degree" to be successful. David said he was a workaholic. He didn't say anything bad about him.

This 1 million rumor has been going around but read the AA and it’s a completely different story. He did not sell business for 1 million!

 

[Seattle1]

[URL='https://twitter.com/AshleyKKTV']Ashley Franco@AshleyKKTV[/URL]

The defense's motion states that since Judge Murphy removed himself from Shoshona Darke case that in the event she is called as a witness the conflict of interest with her attorneys would present itself again. Here is that motion https://courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21CR78%20Motion%20to%20Disqulaify.pdf…


12:37 PM · Dec 14, 2021·

https://www.courts.state.co.us/user...terest/21CR78/21CR78 Motion to Disqulaify.pdf

 

[MassGuy]

Ok, the fact that these attorneys were obtained in relation to the investigation into Shoshona in regards to Barry's murder case, changes things.

I do think the defense makes a compelling argument here, as these attorneys will be advising Shoshona when and if she is called as a witness for the prosecution.

I'm very happy that her house was searched after Barry's arrest, which perhaps opens the door to evidence that we did not learn about at the prelim.

I never expected this trial to occur in May, and I think it's looking much less likely now.

 

[Seattle1]

This 1 million rumor has been going around but read the AA and it’s a completely different story. He did not sell business for 1 million!

Actually, the million-dollar transaction came to WS via a verified insider for this case. The only business sale transactions cited in the AA were from those that were disgruntled associates.

 

[AmandaReckonwith]

Most of you are much better at law than me, but I notice details in pictures.
The Morphew girls didn't bring drinks into court. I wondered why. They knew they were not going to be there long.

 

[Chelly]

I'm not sure how I feel about a potential Judge Murphy recusal and replacement. I recall when we were screaming for the release of the AA and Murphy wouldn't budge...I thought he was biased toward the defense. Still kinda felt that way at the beginning of the PH. A different judge...maybe a good thing? Thoughts?

 

[Chelly]

Most of you are much better at law than me, but I notice details in pictures.
The Morphew girls didn't bring drinks into court. I wondered why. They knew they were not going to be there long.

Good point. Certainly they knew what the defense team was up to. Note to self: Watch for carrying of drinks.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1470854526181666816?s=21

Here is #BarryMorphew and his daughters leaving the courtroom today. The judge will make a decision about whether he will remain being the judge on this case in January.

 

[Cindizzi]

Is IE an expectant Mother ?


https://twitter.com/laurenscharftv/status/1470846682287853570?s=21

Both of #Barrymorphews attorneys are present today. We are waiting for the judge.

 

[MrsWatson]

Every day he can delay the trial is another day that BM is not locked up.

My say something nice about the pictures of the court stroll: It looks like it was a lovely day in CO.

 

[fcavanaugh]

Ok, the fact that these attorneys were obtained in relation to the investigation into Shoshona in regards to Barry's murder case, changes things.

I do think the defense makes a compelling argument here, as these attorneys will be advising Shoshona when and if she is called as a witness for the prosecution.

I'm very happy that her house was searched after Barry's arrest, which perhaps opens the door to evidence that we did not learn about at the prelim.

I never expected this trial to occur in May, and I think it's looking much less likely now.

Yeah MG I tend to agree, and this does give the prosecution more time to recover more evidence and to potentially locate Suzanne’s remains, gosh, wouldn’t that be great!

It’s times like these I have to remind myself that the wheels of justice sometimes move slowly. And definitely want this to be done right so as to leave no room for appeals, etc. down the road. I think I’m more miffed that I signed off work early today for a big ‘ole nothingburger, lol.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Volgal]

Ok, the fact that these attorneys were obtained in relation to the investigation into Shoshona in regards to Barry's murder case, changes things.

I do think the defense makes a compelling argument here, as these attorneys will be advising Shoshona when and if she is called as a witness for the prosecution.

I'm very happy that her house was searched after Barry's arrest, which perhaps opens the door to evidence that we did not learn about at the prelim.

I never expected this trial to occur in May, and I think it's looking much less likely now.

What I do t understand is the motion is saying that this lawyer was supposedly representing ShoSho back in May 2021 but why then did she request a public defender when she was arrested for trespassing??? If he was still representing her why didn’t she just call him???? The timing is very suspect to me.

 

[CGray123]

Here’s the motion

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Motion to Disqulaify.pdf


Colorado Judicial Branch

I thought initially that the prosecution might relieve the Judge Murphy of the conflict by dismissing the trespass case against SD, and this was why the judge gave them a few days to confer with the victim in the trespass case.

But when he responded to the information that SD would likely be called as a witness in the Morphew case with, "That's all I need to know," it seemed likely that he feels he has no choice but to recuse himself from all cases where McDermott, Stuart, and Ward LLP represents a party or a witness.

So, the only way the prosecutor can relieve the judge of the conflict is to affirm that SD will not be called as a witness in the BM case. Then, the defense could insist they want to call her and the issue remains.

The trouble is that the 11th Judicial District has no other judge who is really qualified to preside over a murder trial.

Could Murphy, as Chief Judge, specially appoint a retired judge from another district, who has presided over many murder trials and could handle the case? Be careful what you wish for, BM...

 

[Lyanna]

I don't like this, don't like it one little bit - there is something rotten with it all.


jmho

 

[Cindizzi]

DISTRICT COURT, CHAFFEE COUNTY, COLORADO
Court Address:
142 CRESTONE AVENUE, P.O. BOX 279, SALIDA, CO, 81201
THE PEOPLE OF THE STATE OF COLORADO v.
Defendant(s) BARRY LEE MORPHEW
DATE FILED:
December 14, 2021 10:38 AM
COURT USE ONLY
Case Number: 2021CR78 Division: 2 Courtroom:
Order Regarding Hearing December 14, 2020
Yesterday evening the Court was advised of a filing by the Defense. That motion (Motion to Disqualify Judge Patrick Murphy (D-55)) seeks to disqualify this judge from hearing this case. The Motion was filed yesterday, December 13, 2021 at 3:13 p.m.
Last night, at 8:07 p.m., the prosecution filed a Response to D-55.
This morning, at 7:29 a.m., the Defense filed a Reply to the Response.
The Court has now been able to read the Motion, the Response and the Reply.
Because of the late filing, the Court has not had the ability to analyze, in any meaningful way, the Motion or the legal authority that supports the Motion. However, the Court disagrees with the defense position that the filing of the Motion alone requires disqualification.
Both Colorado Rule of Criminal Procedure 21(b) and Colorado Revised Statute 16-6-201 require the Court to determine if the facts alleged in the accompanying affidavits, taken as true, rise to the level requiring disqualification.
The Court agrees with the Response which states "the Motion appears to present a novel question in Colorado of whether the Court's friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify."
At this point, without further analysis and research, the Court is unable to determine if the situation as described in the affidavits requires disqualification. The Court declines to make substantial decisions such as this on the fly and without adequate time to analyze and research the argument and the legal authority that supports, or doesn't support, the argument.
By Rule, once such a Motion is filed, "all other proceedings in the case shall be suspended until a ruling is made thereon." C.R.C.P. Rule 21(b)(3)
Therefore, the hearing that was scheduled to to commence at 1:00 this afternoon can not go forward. Instead, the Court will hear from the parties regarding any additional filings on this particular issue and will need to confirm with the prosecution that Shoshona Darke is a potential witness in this case.
In an effort to be as transparent as possible, the Court will also put on the record the Court's relationship with attorney Sean McDermott as it is that relationship that forms the basis of the Motion.
The Court endeavored to complete this Order in time for subpoenaed witness to be informed and called off, if appropriate.
Issue Date: 12/14/2021
Page1 of2

PATRICK W MURPHY District Court Judge
Page2 of2

https://www.courts.state.co.us/user...terest/21CR78/21CR78 Morphew Order 121421.pdf

 

[Seattle1]

I'm not sure how I feel about a potential Judge Murphy recusal and replacement. I recall when we were screaming for the release of the AA and Murphy wouldn't budge...I thought he was biased toward the defense. Still kinda felt that way at the beginning of the PH. A different judge...maybe a good thing? Thoughts?

Personally, I wasn't a party to the screaming for the AA before the conclusion of the preliminary which is what Judge Murphy ruled and made good on. (I've followed enough Colorado cases to know this practice is typical in their criminal courts). And I also think BM's defense made a compelling argument in their motion for Judge Murphy to recuse himself. More importantly, if the ongoing investigation uncovered evidence connecting SD to this case that was previously not available and/or disclosed in the AA -- by all means Judge Murphy should recuse himself. I'd rather error on the side of caution than take a chance of a successful appeal after BM is convicted-- based on the current argument that Judge Murphy should step aside. E & N are talented in the appeal arena as well. JMO.

 

[sk716]

Why did they all wait until today to do this objecting?

Pfft, you KNOW why. They don't have a defense and we've spent two years laying out the states case against him in plain English.

 

[sassyblue]

I hope Barry doesn't mind being broke at the end of this.....They're going to take every dime he has.