Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #90

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Innocent until proved guilty means that the People of Colorado don't get to punish a defendant until he is convicted. Judge Ramos modified BM's bond only after deciding that BM had established a track record of compliance with Judge M's conditions and that the purposes of bail would not be undermined by the modification. I believe the evidence is overwhelming that BM killed his wife after deliberation, but still I understand that Judge Lama's decisions on bond are made under separate and distinct standards that require him to presume BM's innocence.
 
CGray123 said:
Listen to this carefully, and you will understand that it is the defense, not the prosecution, that is unprepared. IE took the extraordinary step of subpoenaing opposing counsel, who has had a different full time job since he went to work for the 10th JD, and who understandably has not paid attention to this case since. With no evidence at all, IE attempted unsuccessfully to insinuate through her questions that he had massively violated all ethical and professional principles by concealing exculpatory evidence. Her questions wandered all over the place (see fishing expedition) to the extent that the judge had to remind her to get to the point. If she had actual evidence, she would have been prepared to refresh Lindsey's recollection by putting a relevant exhibit under his nose and asking him if his memory is restored. She didn't have any killer cross examination documents to prove misconduct on Lindsey's part. It was an extraordinarily sleazy tactic that wasted everyone's time. But the chaos that resulted from her lack of preparation apparently convinced some naive people that the prosecution was not prepared. Wrong. They said all they could say: we gave them every discoverable document.

There was one issue that was debated and decided. The defense wanted drafts of the AA, and the DA argued they were privileged work product. The judge ordered that these be turned over, but this issue anything but evidence the prosecution was unprepared or engaged in misconduct. I don't know where these perceptions come from. They're wrong.
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Mad Respect! You have accurately described the D Team as sleazy when most I've read is how perfectly competent Barry's Team is.

They are sleazy, low down and dirty. They will try every trick known to man and make up some because they are immoral gutter rats. jmoo

Your comments are always interesting but this one made my day Big Time. Thank you, CGray!
.
 
NoSI said:
Yup, exactly what i told @MassGuy earlier today. Could we please change "much more difficult" to "slightly more difficult" or something like that? ;)
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Of course this isn't true most of the time, but when I think of juries, I like to set the bar really low. I ask myself, "would a bunch of idiots find this person guilty?"

If that answer is yes, then I see the case as a slam dunk.

I saw the Frazee case that way, and he was convicted in something like 3 hours.

This case is going to require the jury to be smart enough to put a bunch of pieces together. Of course the pieces are all there, but there are other factors in play here that may complicate things:

Does the prosecution present their case effectively?

How effective is the defense at refuting the evidence?

And most importantly, how rational and logical are the jurors?

Fortunately, Colorado juries have been solid in every case I have followed.
 
https://twitter.com/laurenscharftv/status/1486147136768991237?s=21
#BarryMorphew defense wants the murder trial to be held in another county & argued too many people know about this case in Chaffee County so it would be difficult to find an impartial jury. Judge Lama will likely make a ruling about the motion for a venue change next week.

VIDEO
 
Boxer said:
The previous DA did decline to take the case to trial.
Stanley at least partly ran on that fact, saying she was tougher.
I was glad to see she was gling to brong the case, but so far the prosecution looks unprepared, the AA was bloated in the opinion of two judges, the prosecution was admonished during the PH about not handing over discovery in a usable format and now this, the DA herself being in violation of a gag order.
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The previous DA did not make an affirmative decision that she would not prosecute this case. She was entirely silent about it, as she should have been. Stanley may have exploited this, and shame on her if she did.
Her violations of the gag order seem very technical, and clearly have had no discernible effect on BM's right to a fair trial. But they were the kind of mistakes you get when you elect someone who has had no experience trying felony cases, let alone murder cases, let alone high profile, complex and challenging no-body murder cases against experienced defense counsel. As I have said before, the farther she stays away from participation in this case, the more confident I will be. I see her role as acknowledging her limitations, hiring the best trial counsel she can get, and taking a low profile before and after the verdict. I would never have voted for her (or her opponent), but we are where we are...
 
MassGuy said:
Of course this isn't true most of the time, but when I think of juries, I like to set the bar really low. I ask myself, "would a bunch of idiots find this person guilty?"

If that answer is yes, then I see the case as a slam dunk.

I saw the Frazee case that way, and he was convicted in something like 3 hours.

This case is going to require the jury to be smart enough to put a bunch of pieces together. Of course the pieces are all there, but there are other factors in play here that may complicate things:

Does the prosecution present their case effectively?

How effective is the defense at refuting the evidence?

And most importantly, how rational and logical are the jurors?

Fortunately, Colorado juries have been solid in every case I have followed.
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Not to mention juries tend to get it right far more often than they get it "wrong".
 
Seattle1 said:
Or you may not have shed any quality DNA on the frame at the exact moment.

"We know that some people pass on more of their DNA because when they touch something more of their cells are left behind," says Professor Linacre, Chair of Forensic DNA Technology at Flinders University. "They are called shedders but it's very difficult at the moment to see who is a shedder," he says.

https://phys.org/news/2018-10-individuals-likeliest-dna-crime-scenes.html
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His fingerprints shredded already, chlorine etc may have something to do with it, jmo
 
Love Never Fails said:
Did I understand Lauren correctly? There were no sanctions against Linda Stanley?
I thought sure the defense would ask for strong sanctions. Thanks!
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She said that there weren't any sanctions made, but the article includes this line:

"Sanctions could be made, but that determination has not yet been made."

So for how, I'm just assuming that the judge has yet to rule, but whatever the punishment, it will amount to a slap on the wrist (the defense wasn't pushing for anything harsh).

‘It has been a hard and confusing time’: Barry Morphew’s daughters plead for court to allow their father to visit | FOX21 News Colorado
 
Love Never Fails said:
Did I understand Lauren correctly? There were no sanctions against Linda Stanley?
I thought sure the defense would ask for strong sanctions. Thanks!
Click to expand...

https://twitter.com/ashleykktv/status/1486069092012498953?s=21
We're on a quick lunch break!

Biggest update- Judge Lama finds DA Linda Stanley violated the gag order set forth by Judge Murphy. The defense has decided to do without major punishment. They'll discuss more of what they're seeking after the break. @KKTV11News #

https://twitter.com/ashleykktv/status/1486069936967626753?s=21

Judge says statements made by the DA on the "Profiling Evil" podcast were inappropriate. Says she continued to make statements after Judge Murphy reiterated the order and says any violations after that in-Judge Murphys words-are considered a "self-inflicted wound"
 
genuineusa77 said:
Link to DNA findings on bed sheets in dryer, on bike and on helmet. This was not put in the AA. Barry Morphew plans lawsuit against DA, investigators over alleged DNA evidence pointing to sex offender
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From the article.
"A DNA sample collected from Suzanne’s glove box came through a database as a partial match for "single or multiple individuals across the country involved in sexual assault cases," attorneys wrote in the letter. In August, investigators allegedly identified an individual living in Phoenix who was a partial match. Court documents claim Chafee County Deputy DA Jeff Lindsey reached out to the Arizona man, but he then refused to cooperate and lawyered up. The issue was never brought up in the preliminary hearing or disclosed in the affidavit"
[/QUOTE]
The man who is a "partial match" is a relative of the contributor of the DNA on the RR dash.

Knowing one of the "partial match" men's identity, did they work up a family genealogy to work backwards to see the identity of the person who touched the dash?

"The affidavit does not disclose that male DNA not belonging to Barry Morphew was found on Suzanne’s bike, helmet, car, as well as on sheets in the dryer, in one of the bedrooms, the lawyers’ claim."

Is this true? If so, what was the result of the DNA CODIS searches for this unknown male DNA on helmet, sheets, bedroom and dryer?
 
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Boxer said:
True, and the prosecution needs to anticipate the defense's attacks.

A review of the Tom Fallis case provides all the pre-game info needed to anticipate E&N's prongs of attack.
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Months ago I posted a legal analysis on the PH by an attorney host who stated that IE is known by her peers as "hurricane Iris." I think of hurricanes as a source of powerful wind where things swirl around for a bit before settling down. And we all know that storms can be fun to watch! I've mostly seen Category 1 -- some messy, interruptive winds here. MOO
 
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MassGuy said:
She said that there weren't any sanctions made, but the article includes this line:

"Sanctions could be made, but that determination has not yet been made."

So for how, I'm just assuming that the judge has yet to rule, but whatever the punishment, it will amount to a slap on the wrist (the defense wasn't pushing for anything harsh).

‘It has been a hard and confusing time’: Barry Morphew’s daughters plead for court to allow their father to visit | FOX21 News Colorado
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That’s great. Thank you.
 
CGray123 said:
The previous DA did not make an affirmative decision that she would not prosecute this case. She was entirely silent about it, as she should have been. Stanley may have exploited this, and shame on her if she did.
Her violations of the gag order seem very technical, and clearly have had no discernible effect on BM's right to a fair trial. But they were the kind of mistakes you get when you elect someone who has had no experience trying felony cases, let alone murder cases, let alone high profile, complex and challenging no-body murder cases against experienced defense counsel. As I have said before, the farther she stays away from participation in this case, the more confident I will be. I see her role as acknowledging her limitations, hiring the best trial counsel she can get, and taking a low profile before and after the verdict. I would never have voted for her (or her opponent), but we are where we are...
Click to expand...
My immediate reaction to her press conference was she probably was a good cop and she off more cop like than lawyer like to me but she is a lawyer so perhaps she just needed to reorient herself in this new job and the team just bit off a little more than they could chew.
 
Cindizzi said:
I think BM just wants to be as far away from Salida/Poncha Springs as he can. Where he thinks people don’t know about him.
JMO
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I think he just wants the mobility. What was it, an hour and 15 minute travel time? Is that too long to drive to your Daddy's house? Gas money? Is the GFB already gone? How many times a week do they need to see him? He has Shoshona to keep him company.
 
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