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

[sk716]

I noticed this



Is this a transposition? 4:23 vs 4:32?

I think 4:32 is when Barry went into ariplane

I had transposed the numbers. Thanks!

I'm not a great copy editor, I try to always read back for content and watch for typos, but I can miss the same typo on a thousand times because I've read at it too many times.

 

[sk716]

This really is an excellent compilation!

(Check the date that Suzanne drove to drop off a daughter -- listed now as 5/3 but I believe it was 5/6.)

JMO

Weird, fixed it.

 

[sk716]

Agree. but my opinion is when the prosecutor's office found out who retrieved the misaddressed Morphew package it gave them another opportunity to dig into SD's life. I think that is why her lawyer wanted all the notes, transcripts etc. related to the charge in discovery...what DID the officers say to the homeowner...was it really the homeowner's "idea" to file charges over this really innocuous event or were they "encouraged" by the officer(s). What was in the motion - 356 lines of data collected on SD for a trespass charge or something crazy like that? Was the prosecutor's office trying to redeem themselves after the lackluster performance in the Morphew case preliminary? Lots of questions so now we deal with the legal fall out and mess by co-mingling these cases. All it did for me was totally confirm in my mind that Chaffee County filed the arrest warrant and charges way too soon and were no where near a buttoned up case.

They had to, he was getting ready to make a run for it.

 

[Tumbleweed]

This is why I am hoping the judge doesn't recuse himself. He "may" advise the prosecution to drop the trespassing charge....that absolutely clears the way for him to remain on the case and what prosecutor's office takes a low level trespasser to a jury trial anyway that was always a red flag for me. I think they did it just to try and get more intel for the Morphew case so who has the conflict of interest? At this point they got what they got so no harm no foul dropping the tresspass charge in my opinion.

I originally thought that as well, that if they just drop the trespassing charge, then the issue goes away. But, she hired those lawyers before the trespass, when her house, phone, etc were searched, so it seems to me that the trespass charge doesn't play into it.

I, also, hope that the judge does not recuse himself. It seems to me that the defense lawyers are not wanting this judge. He seems very deliberate and won't just quickly jump through the hoops they want him to. He takes his time and does his research before making a decision, which does not play to their rather chaotic, high pressure demanding style, in my view.

 

[Scootie98]

I'd forgotten about this until accessing the link for the 'Hobbs Scholarship.' I think it's more likely that BM graduated not from Perdue University (i.e., academic) but from "Perdue Extension" which is located in and serves 92 Indiana counties including Hamilton County where both SM/BM hailed from. Seems to be that the extension school offers programs best aligned with BM's skillset.

About Us

Not being petty...its just that my family went to "Purdue".

 

[Scootie98]

One of BM and SD is really really smart if this is so - I wonder which that would be?

Don't buy this angle that SD was intentionally arrested. The parcel was delivered even though the address was incorrect as to the recipient. They couldn't have known that the UPS driver would be that accomodating. Besides...SD being around LE for any reason can't be in BM's best interest...imo.

 

[MrsWatson]

What were SD's previous charges? Weren't they harassment and/or stalking? And this time, she was caught trespassing at the previous home of her paramour and his disappeared wife. A place that was clearly marked with no trespassing signs. The mis-addressed package has always seems like a really flimsy excuse to be there, which makes me wonder what that whole episode was really about. I do not think the charges should be dropped; she obviously didn't learn from her previous brush with the law that yes, laws do apply to her.

MOO

ETA: If anyone has a link to SD's previous arrest, could you post it again? TIA

 

[Love Never Fails]

SD blamed BM that the feds were crawling around her place.
BM confides in E & N, and DN says no problem: Let's keep this in the family -- she can call my husband's firm. Problem solved. BM's happy, everybody is happy.

I’m a little confused. My own fault for not being able to keep up lately.
I thought the reason SD hired the attorneys was because she was arrested for trespassing and the police used that to get the warrant to search her home. If that’s not the case, why did LE get a warrant to search her home? It had nothing to do with BM or did it? Thanks.

And wasn’t the search of her home after BM was out on bail? If it was before, why wasn’t any evidence LE found in the search of her home (if she was involved in Suzanne’s disappearance) brought up at the PH?

 

[sk716]

What were SD's previous charges? Weren't they harassment and/or stalking? And this time, she was caught trespassing at the previous home of her paramour and his disappeared wife. A place that was clearly marked with no trespassing signs. The mis-addressed package has always seems like a really flimsy excuse to be there, which makes me wonder what that whole episode was really about. I do not think the charges should be dropped; she obviously didn't learn from her previous brush with the law that yes, laws do apply to her.

MOO

ETA: If anyone has a link to SD's previous arrest, could you post it again? TIA

I have a redacted order of protection and the AA for the trespassing.
http://www./wp-content/uploads/2021/12/darkeprotectionorder.png
http://www./wp-content/uploads/2021/12/darkeprotectionorder.png

http://www./wp-content/uploads/2021/12/21M351-Darke-Redacted-Affidavit.pdf

 

[CGray123]

Wait a damn minute!
Dru Nielsen husband works for the law firm that represents Shoshana??

Dru Nielsen ('97) and Tom Ward ('97)
Dru Nielsen and Tom Ward share a passion for advocacy and justice, a passion that has led to their success as criminal defense attorneys in the greater Denver area. Nielsen is co-founder and a partner at Eytan Nielsen, LLC, and Ward is a partner at McDermott, Stuart & Ward LLP. They met in their third year at the University of Colorado Law School and married in 2001.

Isn't there a timeliness and/or waiver issue that would defeat this motion?

Since Neilsen is married to a member of the McDermott firm, how does she explain the delay of nearly six months from the hiring of the McDermott firm (paid by BM) to represent SD in the search of her residence (also paid for by BM IIRC?) shortly after BM's arrest and the filing of the recusal motion? Neilsen is charged with notice of the judge's conflict issue, but she allowed Judge Murphy to preside over the entire preliminary hearing. She could have filed her objection to Judge Murphy at the very beginning. I think her inaction resulted in a waiver of BM's right to object to Judge M.

 

[CGray123]

Here's Rule 21(b), Colorado Rules of Criminal Procedure, which describes the recusal and replacement process. Parts of interest BBM.

(b) Substitution of Judges.

(1) Within 14 days after a case has been assigned to a court, a motion, verified and supported by affidavits of at least two credible persons not related to the defendant, may be filed with the court and served on the opposing party to have a substitution of the judge. Said motion may be filed after the 14-day period only if good cause is shown to the court why it was not filed within the original 14-day period. The motion shall be based on the following grounds:

(I) The judge is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or

(II) The offense charged is alleged to have been committed against the person or property of the judge, or of some person related to him; or

(III) The judge has been of counsel in the case; or

(IV) The judge is in any way interested or prejudiced with respect to the case, the parties, or counsel.

(2) Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.

(3) Upon the filing of a motion under this section (b), all other proceedings in the case shall be suspended until a ruling is made thereon. If the motion and supporting affidavits state facts showing grounds for disqualification, the judge shall immediately enter an order disqualifying himself or herself. Upon disqualifying himself or herself, the judge shall notify forthwith the chief judge of the district, who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the state court administrator, who shall obtain from the Chief Justice the assignment of a replacement judge.

 

[sk716]

Also found this:

http://www./wp-content/uploads/2021/12/ScreenHunter-1212.png

She showed up in Barry's truck.

 

[Love Never Fails]

Isn't there a timeliness and/or waiver issue that would defeat this motion?

Since Neilsen is married to a member of the McDermott firm, how does she explain the delay of nearly six months from the hiring of the McDermott firm (paid by BM) to represent SD in the search of her residence (also paid for by BM IIRC?) shortly after BM's arrest and the filing of the recusal motion? Neilsen is charged with notice of the judge's conflict issue, but she allowed Judge Murphy to preside over the entire preliminary hearing. She could have filed her objection to Judge Murphy at the very beginning. I think her inaction resulted in a waiver of BM's right to object to Judge M.

Well surely the judge knew all about a conflict too. Lawyers are a tight bunch. None of this was a surprise to any of them. Still, if an objection is filed, it had to be considered. It’s the law.

 

[Love Never Fails]

Here's Rule 21(b), Colorado Rules of Criminal Procedure, which describes the recusal and replacement process. Parts of interest BBM.

(b) Substitution of Judges.

(1) Within 14 days after a case has been assigned to a court, a motion, verified and supported by affidavits of at least two credible persons not related to the defendant, may be filed with the court and served on the opposing party to have a substitution of the judge. Said motion may be filed after the 14-day period only if good cause is shown to the court why it was not filed within the original 14-day period. The motion shall be based on the following grounds:

(I) The judge is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or

(II) The offense charged is alleged to have been committed against the person or property of the judge, or of some person related to him; or

(III) The judge has been of counsel in the case; or

(IV) The judge is in any way interested or prejudiced with respect to the case, the parties, or counsel.

(2) Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.

(3) Upon the filing of a motion under this section (b), all other proceedings in the case shall be suspended until a ruling is made thereon. If the motion and supporting affidavits state facts showing grounds for disqualification, the judge shall immediately enter an order disqualifying himself or herself. Upon disqualifying himself or herself, the judge shall notify forthwith the chief judge of the district, who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the state court administrator, who shall obtain from the Chief Justice the assignment of a replacement judge.

So why didn’t the judge recuse himself?

 

[Love Never Fails]

I have a redacted order of protection and the AA for the trespassing.
http://www./wp-content/uploads/2021/12/darkeprotectionorder.png
http://www./wp-content/uploads/2021/12/darkeprotectionorder.png

http://www./wp-content/uploads/2021/12/21M351-Darke-Redacted-Affidavit.pdf

Is this a restraining order against SD from the new owners of Puma Path home?

 

[Momofthreeboys]

Isn't there a timeliness and/or waiver issue that would defeat this motion?

Since Neilsen is married to a member of the McDermott firm, how does she explain the delay of nearly six months from the hiring of the McDermott firm (paid by BM) to represent SD in the search of her residence (also paid for by BM IIRC?) shortly after BM's arrest and the filing of the recusal motion? Neilsen is charged with notice of the judge's conflict issue, but she allowed Judge Murphy to preside over the entire preliminary hearing. She could have filed her objection to Judge Murphy at the very beginning. I think her inaction resulted in a waiver of BM's right to object to Judge M.

My guess is they had no idea how much digging LE had done into SD until last Thursday. Which is suprising since it feels like it should have been in the Morphew trial disclosure as much of it pre-dates the tresspass case. I'm guessing the opinion was that it was a simple misdemeanor trespass case and that was all. But 360+ lines of data collected and multiple warrants probably was an eye opener. McDermott is SD's attorney and not Dru's husband...ethically both Dru and he would need to act in an ethical manner regarding the cases. My guess is there ws no pillow talk and there wasn't a realization of how intertwined prosecution had been with the two cases.

 

[Tumbleweed]

Quoting myself to remind y'all to give this a scan and double check me for glaring omissions or mistakes before we roll into another thread.

I'd like to thank you for the detail and quality of this timeline. It's fantastic! It is clear that this took a lot of thought and time on your part, and I, for one, really appreciate it. I'd like to see it pinned at the start of subsequent threads, as others have suggested. Not sure how to make that happen?

Issues that I think it may have:
I do not believe that the battery on Barry's truck was disconnected or removed. LE just called it a POWER REMOVAL event. I rewatched some of reporter LS videos she put out on YT right after attending each day of the preliminary hearings. When talking about the POWER REMOVAL event, she said it had to do with something that happened under the dashboard. So it sounds to me that he was messing with something under his dashboard and that caused the power removal event. I don't think that LE ever mentioned the battery. Does anyone have a source for the battery being removed?

Also, Grusing told Barry that he left his driver door open in the garage before he went to the first patio. This would seem to indicate that he drove into the garage when he got home, and did not wait until 2 hours later. It is confusing, as they do not start attachment 6 'porch hopping' as starting in the garage. They just start at the first porch. But if Grusing is to be believed (on page 71 of AA), BM's truck was already in the garage before he went to the first porch. Is there something that contradicts his statement, that I missed? Please let me know. There are definitely some things in the AA that seem to contradict other things in there.

on page 71/129:
SA Grusing told Barry that activity would explain his phone's behavior, adding that he left his driver door
open in the garage before he went to the first patio. Barry said, "Mhhmhh,"

 

[Momofthreeboys]

Double post

 

[Seattle1]

What were SD's previous charges? Weren't they harassment and/or stalking? And this time, she was caught trespassing at the previous home of her paramour and his disappeared wife. A place that was clearly marked with no trespassing signs. The mis-addressed package has always seems like a really flimsy excuse to be there, which makes me wonder what that whole episode was really about. I do not think the charges should be dropped; she obviously didn't learn from her previous brush with the law that yes, laws do apply to her.

MOO

ETA: If anyone has a link to SD's previous arrest, could you post it again? TIA

I listened to the hearing where the former neighbor accused SD of stalking/harassment and wanted a protection order but the neighbor was not successful in her quest as the court ruled she'd not met the burden of proof. I'm not aware of any other charges against SD.

 

[ar3593]

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.

Certainly looks that way Cindizzi! IMO