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

[Ontario Mom]

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
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PATRICK W MURPHY District Court Judge
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https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Order 121421.pdf

It's possible I missed it but, can someone clear up if the Sean McDermott mentioned, the judge's long time friend, if he's Shoshona Darke's actual attorney, or the co-worker of her actual attorney? I've seen both so I'm unclear.

 

[MassGuy]

I can't be the only one that gets weird vibes every time I see a photo/video of him with the daughters.

Lol. Especially with the context of the stunningly creepy dinner conversation (virginity)...

Conman, pervert, killer.

 

[CGray123]

It's possible I missed it but, can someone clear up if the Sean McDermott mentioned, the judge's long time friend, if he's Shoshona Darke's actual attorney, or the co-worker of her actual attorney? I've seen both so I'm unclear.

The motion says SD is represented by McDermott's partner.

 

[Momofthreeboys]

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)

I don't know if it's favorable to either side. I'll have to think on that one, but clearly the judge will ultimately need to determine if prosecution is going to call SD as a witness against Barry or not. It explains why her defense wanted all the notes, recordings etc. going all the way back in her trespassing trial. And clearly they are sharing information with Barry's attorneys so let's just hope prosecution has been by the book through all of this or they will screw up this trial completely. Prosecution doesn't need a motive for trial, they just don't, so what is the motive for prosecution to "need" SD? I don't know. I just don't know.

 

[Ontario Mom]

Nope. (And his umm, wandering hands continue to creep me out).

Glad I wasn't the only one noticing that. Ugh. Creep is the appropriate word for sure.

 

[CGray123]

You know, I thought he looked smug going in and the girls expressions are ... odd.
View attachment 326474
https://twitter.com/LaurenScharfTV/status/1470844492429336576
Yeah, the no drinks should have been a big clue that the defense was up to something. @AmandaReckonwith has sharper eyes than all of us.

Judge Murphy said BM's attorneys didn't have a choice - meaning they were duty bound to file their recusal motion when they learned of the judge's bias in favor of his friend. I mean, when you think about it, the relationship could only work against the prosecution. Why, other than ethical duty, would BM's attorneys want their friend's friend off the case??

 

[sk716]

Judge Murphy said BM's attorneys didn't have a choice - meaning they were duty bound to file their recusal motion when they learned of the judge's bias in favor of his friend. I mean, when you think about it, the relationship could only work against the prosecution. Why, other than ethical duty, would BM's attorneys want their friend's friend off the case??

They could have filed the motion weeks ago, they knew weeks ago. They waited on purpose to make a scene.

 

[nyvictoria]

And not forgetting his charming explanation - poor deer, I still cant get beyond the cruelty of doing something as awful as that just for a trophy. Adds to the picture of the man who will stand before the jury.

JMO

So true. Barry is not a hunter. He’s a killer.

 

[Cindizzi]

Barry Morphew's defense seeks judge's removal from murder case | 9news.com

The defense seeks the disqualification of Judge Patrick W. Murphy from any further participation in the case after a recent conversation between Morphew's defense and Martin Stuart, the defense attorney for a woman mentioned in Morphew's arrest affidavit.

The motion says Stuart advised Morphew's defense attorney that Darke's case was reassigned from Murphy to a county court judge in October after the court found it had bias or prejudice against McDermott, Stuart, & Ward, LLP, the law firm representing Darke.

"This Court has a very close, longstanding personal relationship with Sean McDermott that rises to 'interest' or 'prejudice' with respect to this case and decisions that may arise with respect to Shoshona Darke," the motion argues. "This relationship extends to other members of the families of both Sean McDermott and this Court."

The motion argues that Murphy' should be disqualified due to the prior ruling in Darke's case, and his disclosure of the conflict, because a reasonable observer could doubt his impartiality.
The motion says Stuart advised Morphew's defense attorney that Darke's case was reassigned from Murphy to a county court judge in October after the court found it had bias or prejudice against McDermott, Stuart, & Ward, LLP, the law firm representing Darke.

 

[Orgona]

I don't know if it's favorable to either side. I'll have to think on that one, but clearly the judge will ultimately need to determine if prosecution is going to call SD as a witness against Barry or not. It explains why her defense wanted all the notes, recordings etc. going all the way back in her trespassing trial. And clearly they are sharing information with Barry's attorneys so let's just hope prosecution has been by the book through all of this or they will screw up this trial completely. Prosecution doesn't need a motive for trial, they just don't, so what is the motive for prosecution to "need" SD? I don't know. I just don't know.

BM could have said/wrote things to SD or SD could have helped doing things knowingly or unknowingly. SD could have been handed things for safekeeping by BM. Just to mention a few possibilities, I’m sure there are many other situations in which her testimony could prove useful. Also, just because the prosecution doesn’t need to show motive, it doesn’t mean they should not if they discovered one. If that’s what they are doing, which we can’t know right now.

 

[FromGermany1]

BarryMorphew enters the courtroom in Chaffee County with his daughters. He has a status conference and motions hearing today at 1 pm.
View attachment 326459
https://twitter.com/laurenscharftv/status/1470844492429336576?s=21

I wonder, if MM1 has time enough to accompany her father all the time until trial, <modsnip>

 

[Melsworld]

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

Now that he is out on bail, otherwise they'd be barking about him being held in a cage. Poor thing.

 

[Momofthreeboys]

Judge Murphy said BM's attorneys didn't have a choice - meaning they were duty bound to file their recusal motion when they learned of the judge's bias in favor of his friend. I mean, when you think about it, the relationship could only work against the prosecution. Why, other than ethical duty, would BM's attorneys want their friend's friend off the case??

I am tilting that way. There is so far no strong benefit to defense. There is never a guarantee as she could have been an unmanageable witness for prosecution and could have deftly been managed on cross and who the judge is would not matter.

 

[nyvictoria]

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

Yep and Barry is out free and going about his life. No reason to rush.

 

[nyvictoria]

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.

So do we think Barry is paying for her attorney, too? He’s gonna be broke by the time this is over.

 

[Love Never Fails]

What I hate about the affair too, is that Barry has used it to justify what he did, and psychologically let himself off the hook.

He repeatedly told Grusing this, at least in so many words.

I take that to mean the one person Suzanne saved was him. After all, she was leaving him. So she had to die and allow him to have a good life. He absolutely excuses himself.

 

[Seattle1]

IMO, I think the video attached to LS tweet is the epitome of what we know about BM: arrogant, entitled, narc. He backed his truck into the parking space, impeded half of the sidewalk with the backend, proceeds to walk past this with absolutely no reaction. It's is sidewalk...all others be damned.

https://twitter.com/LaurenScharfTV/status/1470854526181666816

Lauren Scharf
@LaurenScharfTV

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.

12:33 PM · Dec 14, 2021 from Chaffee County Court House·

 

[MassGuy]

IMO, I think the video attached to LS tweet is the epitome of what we know about BM: arrogant, entitled, narc. He backed his truck into the parking space, impeded half of the sidewalk with the backend, proceeds to walk past this with absolutely no reaction. It's is sidewalk...all others be damned.

https://twitter.com/LaurenScharfTV/status/1470854526181666816

Lauren Scharf
@LaurenScharfTV

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.

12:33 PM · Dec 14, 2021 from Chaffee County Court House·

He's the kind of guy who takes up two spaces in a packed parking lot.

 

[LietKynes]

I'm sorry, but the way he placed his hand, very low on her hips and guided her through the court door, ugh, that felt creepy to me. She really didn't need his 'help' walking through that door.


https://twitter.com/laurenscharftv/status/1470844492429336576?s=21

Somewhat possessive ?

And it's like Suzanne also 'belonged' to him.
There was that photo of Suzanne dining out and the tables were pushed together and the rest of the people there were all ladies !
Except for BM -- who stuck out the the proverbial sore thumb.
He looked unhappy or at least unsmiling.
Imo.

 

[sk716]

Yep and Barry is out free and going about his life. No reason to rush.

I think he could still be planning to run if it looks like he'll be convicted. <modsnip>