Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #97

[mrjitty]

I haven’t listened to all of this yet, but starting around 25:00 it’s obvious that the Defense is absolutely being misleading about Cahill being demoted or pulled of the case because of his testimony.

RSBM

But even if he was demoted for that reason, so what?

We are soon to have the fully contested trial. The Prelim is over. Re-litigating the prelim is theatre.

And by misleading I mean Lying. JMO

This is something that has bothered me in all the big trials I've followed in the last 10 years.

The willingness of unscrupulous defence counsel to mislead the Court.

 

[MassGuy]

Since I've just stuffed this up (twice!), I'll just write this as a post instead a reply! Re the "couldn't care less"/"could care less" discussion: I don't know if you've heard this version (courtesy of my son) - "Less is how much I couldn't care." Wrap your grammatical minds around that!

Ha! Love it.

Despite both being correct, I've always been in the "couldn't care less" camp.

Even if I tried, I could not possibly care any less.

 

[mrjitty]

Yup. I figured this hearing would be a wash, where I would feel the same coming out as we did going in.

I actually feel more confident than ever. The DNA is out, the defense argument that Cahill's feelings were somehow "exculpatory" is laughable, and it sounds as if that Range Rover data issue has to do more with the FBI than the prosecution.

Onward!

Seriously anyone who has dealt with bureaucracy in Corona times knows that the old adage is truer than ever

Hanlon's razor is an adage or rule of thumb that states "never attribute to malice that which is adequately explained by stupidity.

or the bureaucracy version

"never attribute to malice that which is adequately explained by bureaucratic SNAFU.

i.e big slow government just struggles to get stuff done right now - even more than normal.

 

[Kemug]

Maybe he had a note from home saying a good christian boy like Barry should not be made to study homophones.

When I was in Grade 6 our teacher gave a new set of homophones every Friday.

 

[susiQ]

RSBM

Right.

The problem i have with this tomfoolery is that they had an internal disagreement about their tactical approach which was resolved in favour of arrest.

But since that time the Preliminary hearing was held, where the evidence was tested in court, and a judge bound the accused over for trial, because there was a case to answer.

In other words, Cahill was proven wrong IMO.

So we can argue about whether the state could perhaps have gathered more evidence for their case or been more effective if they had delayed arrest - but nowhere does this point to any new evidence that goes to BM's innocence

The defence can go down this road at trial if they want, but the idea that the case should be dismissed is laughable. What they are really doing is grandstanding for the media and hoping that someone will say something on the stand that they can use at trial.

This is my beef with all of this. They are being granted multiple extra chances to go on fishing expeditions with prosecution witnesses before the trial even begins.

I find it extremely unusual.

Personally, I feel this entire production makes IE and DN look rather foolish and even greedy. There is no way (in my unlearned opinion), that Agent Cahill’s disagreement with CCSO and the DA’s office in anyway amounts to exculpatory evidence that would benefit BM’s case and that it should therefore be dismissed. What it looks like to me is desperation on the one hand and a great way to blow through BM’s retainer on the other .

 

[mrjitty]

Personally, I feel this entire production makes IE and DN look rather foolish and even greedy. There is no way (in my unlearned opinion), that Agent Cahill’s disagreement with CCSO and the DA’s office in anyway amounts to exculpatory evidence that would benefit BM’s case and that it should therefore be dismissed. What it looks like to me is desperation on the one hand and a great way to blow through BM’s retainer on the other .

I think it is a fishing expedition. Pretending to try to dismiss the trial got them a hearing where they could examine key witnesses pre-trial and see if they could discover anything useful.

 

[susiQ]

I think it is a fishing expedition. Pretending to try to dismiss the trial got them a hearing where they could examine key witnesses pre-trial and see if they could discover anything useful.

True, and it was a total waste of time. But time IS MONEY. Barry losing it and IE and DN pocketing it!

 

[Kemug]

Mears, Michigan is where Suzanne's father's tree farm was.

BM is easily led astray.

 

[O.Incandenza]

RSBM

Right.

The problem i have with this tomfoolery is that they had an internal disagreement about their tactical approach which was resolved in favour of arrest.

But since that time the Preliminary hearing was held, where the evidence was tested in court, and a judge bound the accused over for trial, because there was a case to answer.

In other words, Cahill was proven wrong IMO.

So we can argue about whether the state could perhaps have gathered more evidence for their case or been more effective if they had delayed arrest - but nowhere does this point to any new evidence that goes to BM's innocence

The defence can go down this road at trial if they want, but the idea that the case should be dismissed is laughable. What they are really doing is grandstanding for the media and hoping that someone will say something on the stand that they can use at trial.

This is my beef with all of this. They are being granted multiple extra chances to go on fishing expeditions with prosecution witnesses before the trial even begins.

I find it extremely unusual.

Eh, I don't think scraping through the preliminary hearing necessarily proves that Cahill & CBI were wrong. It sounds like they all agreed that there was probable cause, which is all you need to get through the PH. The disagreement was over whether starting the clock with an arrest would leave them sufficient time to thoroughly review all of the technical and financial data they'd collected, plug holes in the case and follow up with witnesses. That's all stuff that could still come back to bite them at trial. The fact that they're just now able to rule out the Phoenix dna hits is a sign that they're cutting things a bit close IMO. If they'd had that result before the PH, I think it's quite likely that Barry would still be in jail.

Maybe with more time they would have found evidence of Barry having secret banks accounts or Barry having an affair. Maybe they would have answers as to what unknown device associated with Barry's phone, etc. They can definitely get a conviction without any of those things, of course. But based on the messiness of the AA, and some of the gaps in data, I can definitely see the argument for waiting a bit. But I also don't think Barry was much of a flight risk pre-arrest, so that influences my thinking.

And yeah, there's no way this leads to a dismissal for the defense. I think them getting a chance to fish a bit was inevitable after the Brady letter was sent, but I don't think this will end up helping them much. I think their hope was that Cahill was aware of some damaging exculpatory evidence that the prosecution hadn't disclosed and that's why he was opposed to the arrest. But all they've managed to establish was that he thought Barry was guilty and wanted more time to make sure he got convicted.

 

[mrjitty]

Eh, I don't think scraping through the preliminary hearing necessarily proves that Cahill & CBI were wrong. It sounds like they all agreed that there was probable cause, which is all you need to get through the PH. The disagreement was over whether starting the clock with an arrest would leave them sufficient time to thoroughly review all of the technical and financial data they'd collected, plug holes in the case and follow up with witnesses. That's all stuff that could still come back to bite them at trial. The fact that they're just now able to rule out the Phoenix dna hits is a sign that they're cutting things a bit close IMO. If they'd had that result before the PH, I think it's quite likely that Barry would still be in jail.

Maybe with more time they would have found evidence of Barry having secret banks accounts or Barry having an affair. Maybe they would have answers as to what unknown device associated with Barry's phone, etc. They can definitely get a conviction without any of those things, of course. But based on the messiness of the AA, and some of the gaps in data, I can definitely see the argument for waiting a bit. But I also don't think Barry was much of a flight risk pre-arrest, so that influences my thinking.

And yeah, there's no way this leads to a dismissal for the defense. I think them getting a chance to fish a bit was inevitable after the Brady letter was sent, but I don't think this will end up helping them much. I think their hope was that Cahill was aware of some damaging exculpatory evidence that the prosecution hadn't disclosed and that's why he was opposed to the arrest. But all they've managed to establish was that he thought Barry was guilty and wanted more time to make sure he got convicted.

I don't disagree with what you posted, so will simply say that Law Enforcement and DA always have to make these kind of tactical decisions. So yes you can always wait longer - but what I think they were really waiting for is the body to turn up. They've had more than enough time for all the rest.

As far as the DNA goes, IMO they just didn't present this well at trial because they didn't anticipate it would be significant. That was a mistake of not having good enough witness for the hearing, but also, that stuff can happen in the short format. I think the Judge got played.

 

[PawneeDew]

I know what you mean. Some of them are cesspools and I understand why they don’t have credibility. However, I have found that as a true crime sleuther, it helps to be a part of the communities that gather on other forums in order to grab as many details as possible surrounding a case. It helps to paint a broader picture of events, and of the players involved, since not everyone is going to be socializing on the same network.

I know of a handful of other sleuthers that comment here that also make the rounds in other groups. It’s part of the process. I can really appreciate however that the Websleuth community tries to keep the information on any case as factual and controlled as possible to avoid tainting or skewing the truth.

With all the personal notes I’ve gathered in this case, it’s best to sit on my opinions about certain aspects until they are disclosed in court or at trial. I can’t wait to discuss matters further after it is permitted.

Why isn't there a luv button?? For your post, and your avatar..I agree

 

[Kemug]

I do wonder this morning as BM heads to court again what his innermost thoughts are. Does he believe he will be acquitted? Trial is getting close. You can count the people who believe him on one hand.

RSBM

I wonder if that includes his lawyers?

 

[Cindizzi]

According to LS this Attorney was in Court today for the Defense.


Jane Fisher-Byrialsen | Korey Wise Innocence Project | University of Colorado Boulder

At 58:00

 

[marylamby]

Pray?

To who, himself?

 

[marylamby]

RSBM

Right.

The problem i have with this tomfoolery is that they had an internal disagreement about their tactical approach which was resolved in favour of arrest.

But since that time the Preliminary hearing was held, where the evidence was tested in court, and a judge bound the accused over for trial, because there was a case to answer.

In other words, Cahill was proven wrong IMO.

So we can argue about whether the state could perhaps have gathered more evidence for their case or been more effective if they had delayed arrest - but nowhere does this point to any new evidence that goes to BM's innocence

The defence can go down this road at trial if they want, but the idea that the case should be dismissed is laughable. What they are really doing is grandstanding for the media and hoping that someone will say something on the stand that they can use at trial.

This is my beef with all of this. They are being granted multiple extra chances to go on fishing expeditions with prosecution witnesses before the trial even begins.

I find it extremely unusual.

100%
It is arguable that the case might've been stronger if the arrest was delayed and I do think they would've had a stronger case BUT, and very importantly, LE had him under surveillance and knew (even through his own admittance) that he was planning to leave very soon - and I believe that plan was to leave to country. While Mexico does extradite to the US on papel, dinero goes a long way.
IMO

 

[marylamby]

Seriously anyone who has dealt with bureaucracy in Corona times knows that the old adage is truer than ever



or the bureaucracy version



i.e big slow government just struggles to get stuff done right now - even more than normal.

Oh, I don't know. I don't find malice, stupidity and bureaucratic confusion to be mutually exclusive.

 

[MassGuy]

Eh, I don't think scraping through the preliminary hearing necessarily proves that Cahill & CBI were wrong. It sounds like they all agreed that there was probable cause, which is all you need to get through the PH. The disagreement was over whether starting the clock with an arrest would leave them sufficient time to thoroughly review all of the technical and financial data they'd collected, plug holes in the case and follow up with witnesses. That's all stuff that could still come back to bite them at trial. The fact that they're just now able to rule out the Phoenix dna hits is a sign that they're cutting things a bit close IMO. If they'd had that result before the PH, I think it's quite likely that Barry would still be in jail.

Maybe with more time they would have found evidence of Barry having secret banks accounts or Barry having an affair. Maybe they would have answers as to what unknown device associated with Barry's phone, etc. They can definitely get a conviction without any of those things, of course. But based on the messiness of the AA, and some of the gaps in data, I can definitely see the argument for waiting a bit. But I also don't think Barry was much of a flight risk pre-arrest, so that influences my thinking.

And yeah, there's no way this leads to a dismissal for the defense. I think them getting a chance to fish a bit was inevitable after the Brady letter was sent, but I don't think this will end up helping them much. I think their hope was that Cahill was aware of some damaging exculpatory evidence that the prosecution hadn't disclosed and that's why he was opposed to the arrest. But all they've managed to establish was that he thought Barry was guilty and wanted more time to make sure he got convicted.

All that stuff can, and I'm sure has, been done since Barry was arrested.

We know this, but Commander Walker (I think) said something to the effect of "the investigation doesn't stop after arrest."

They've continued to search mines, they've fully investigated those DNA hits, received data on Suzanne's vehicle, and certainly done countless other things since then.

So I'm not concerned that they've hurt themselves there.

They've had plenty of time.

 

[marylamby]

Eh, I don't think scraping through the preliminary hearing necessarily proves that Cahill & CBI were wrong. It sounds like they all agreed that there was probable cause, which is all you need to get through the PH. The disagreement was over whether starting the clock with an arrest would leave them sufficient time to thoroughly review all of the technical and financial data they'd collected, plug holes in the case and follow up with witnesses. That's all stuff that could still come back to bite them at trial. The fact that they're just now able to rule out the Phoenix dna hits is a sign that they're cutting things a bit close IMO. If they'd had that result before the PH, I think it's quite likely that Barry would still be in jail.

Maybe with more time they would have found evidence of Barry having secret banks accounts or Barry having an affair. Maybe they would have answers as to what unknown device associated with Barry's phone, etc. They can definitely get a conviction without any of those things, of course. But based on the messiness of the AA, and some of the gaps in data, I can definitely see the argument for waiting a bit. But I also don't think Barry was much of a flight risk pre-arrest, so that influences my thinking.

And yeah, there's no way this leads to a dismissal for the defense. I think them getting a chance to fish a bit was inevitable after the Brady letter was sent, but I don't think this will end up helping them much. I think their hope was that Cahill was aware of some damaging exculpatory evidence that the prosecution hadn't disclosed and that's why he was opposed to the arrest. But all they've managed to establish was that he thought Barry was guilty and wanted more time to make sure he got convicted.

While I very much agree, I don't doubt they're still investigating. They could bring in new evidence at any time, even during trial. I do, however, think Barry was ready to bolt - like that week - and I don't mean his using the trailer he had parked at the condo or what he had in his storage unit. He was going to fly. Hell, he had more than enough money to take a private jet. Hasta la vista baby.
IMO

 

[katydid23]

Page 3 and 4

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21cr78 Morphew Redacted Affidavit.pdf

I am so happy that BM decided to stage the bike, in the very 'Barry like' way that he did.

 

[Kemug]

It worries me that Barry is laughing and joking, while knowing that LE are still searching the old mines.