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

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Cindizzi said:
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/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Order 121421.pdf
Click to expand...

Make no mistake that this response to the defense motion is typical of what we've come to expect from Judge Murphy. From the beginning, he's ruled with a skillset that demonstrates his study of the statute. I've found his arguments consistent and solid. He owns his court and is always thorough. MOO
 
https://twitter.com/laurenscharftv/status/1470873294647746566?s=21

TO CLARIFY:Sean McDermott is a family friend to Judge Patrick Murphy.They went to the same high school, Murphy went to his wedding, & see each other frequently.McDermott law firm partner Martin Stuart is representing #ShoshonaDarke who’s a potential witness in #BarryMorphew case.

https://twitter.com/laurenscharftv/status/1470874801921265665?s=21
Judge Patrick Murphy recused himself from #ShoshonaDarke case in October for the above reason. The judge did not seem happy with the timing of the motion filed. His decision will be made on January 11 at 4:30 pm.
 
BM and company can deny, delay, until he ll freezes over.

If he were to go to trial right now, there is no way a jury would not find him guilty.

I feel confident ole' Bar is going down regardless of when. That's my Christmas gift to all you lovely WSers. :D

JMO
 
CGray123 said:
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...
Click to expand...
Nice summation. I never could see the benefit of both pushing the SD case by the prosecution nor the continued efforts to tie her to the Morphew case if they were going under their original theory that Barry alone shot his wife with a dart and hid her body...this case gets stranger by the minute. Too bad if this judge has to recuse himself, I thought this judge was very, very fair and doing a good job.
 
girlhasnoname said:
BM and company can deny, delay, until he ll freezes over.

If he were to go to trial right now, there is no way a jury would not find him guilty.

I feel confident ole' Bar is going down regardless of when. That's my Christmas gift to all you lovely WSers. :D

JMO
Click to expand...
I would not take that bet.
 
Momofthreeboys said:
Nice summation. I never could see the benefit of both pushing the SD case by the prosecution nor the continued efforts to tie her to the Morphew case if they were going under their original theory that Barry alone shot his wife with a dart and hid her body...this case gets stranger by the minute. Too bad if this judge has to recuse himself, I thought this judge was very, very fair and doing a good job.
Click to expand...
The trespass case gave the prosecutors grounds to search SD's house, phone, etc in the broadly worded search warrant Judge Murphy signed. From the summary of the amount of evidence gathered, they struck paydirt, at least confirming the amorous relationship. Given the extent, I am wondering whether SD hired a high-powered Denver defense firm because she anticipates being charged in connection with SM's murder. Conspiracy, accessory? Will the prosecution try to flip her? This is getting VERY interesting.
 
MassGuy said:
Judge says he had to remove himself from Shoshona Sarke's case because he is very close with one of the attorneys at the firm Ms. Darke is using-- he has known this particular person for 40+ years and is very close with him. @KKTV11News #BarryMorphew


https://twitter.com/ashleykktv/status/1470852009649754118?s=21
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The entire picking up the package at Puma Path was a set up so ShoSho could hire this friend of the Judge for representation.

This is dirty. They are striking below the belt here folks.

JMVDHOO
 
Seattle1 said:
Make no mistake that this response to the defense motion is typical of what we've come to expect from Judge Murphy. From the beginning, he's ruled with a skillset that demonstrates his study of the statute. I've found his arguments consistent and solid. He owns his court and is always thorough. MOO
Click to expand...
Yeah, he's slow and methodical, but I have never understood all the accusations that he's biased for the defense. His rulings have been quite even-handed IMO. And filing this motion makes it pretty clear that the defense doesn't think he favors them.

I do wonder about the strategy behind it from the defense's side though. Maybe they're just doing it because it will create more delay and they're willing to take their chances with whoever the new judge is (if there is one). But the number of judges in Chaffee County is limited enough that they may also be making an informed gamble that the replacement will be more favorable to them, or at least less experienced and easier to intimidate.
 
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DeDee said:
The entire picking up the package at Puma Path was a set up so ShoSho could hire this friend of the Judge for representation.

This is dirty. They are striking below the belt here folks.

JMVDHOO
Click to expand...
I thought the same, but she hired this firm when her home was searched in late May.
 
What a surprise action.
Anyway, as my mom used to say, be careful what you wish for.
This could very well lead to a Judge less favorable to the defense. Unless, they already know who could replace Judge Murphy and they like that Judge more.
We will see.
The day of reckoning is coming… and however long this move or any other delaying tactics will postpone it, we will get there eventually. How much longer the road to Justice will take, the more will it cost for BM. (Which will leave less over for the daughters in the end unfortunately)
 
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