Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #98

[Scootie98]

1 year of radio silence by Sheriff Spezze and consorts can't have been in vain! LE was so very good at it, and we could have big hope, that it would pay off in a conviction for murder.

Barry's unique skill set which makes finding her body less likely only serves to solidify the suspicion that he did it.

 

[BDAJAG]

I do hope we get to see Barry's face (real time or recorded) at the exact moment he is found guilty!

<vr ed. for emphasis, by subscriber>

# # #​

Good morning.

Honestly, it's precisely this imagined event - verdict pronouncement - that triggers again my wondering:

Why would Barry "allow" such a moment to arise?

Relinquishing control seems - to me at least - neither in his nature nor his demonstrated norms of behavior.
In his Invictus* fantasy world, Barry is the master of his fate: the captain of his soul.

* Ex. "Invictus" <mod. in part for context>
William Ernest Henley (1849-1903),

 

[Pyrite]

So does anybody think the defense team will be so good at their jobs that they get Barry off?

I think it is possible that the defense will be able to get a not guilty verdict or hung jury. It all depends what will be allowed in the trial. Those of us who have been following the case know much more (or think we do) than the 12 jurors, will hear during the trial.

 

[susiQ]

<vr ed. for emphasis, by subscriber>

# # #​

Good morning.

Honestly, it's precisely this imagined event - verdict pronouncement - that triggers again my wondering:

Why would Barry "allow" such a moment to arise?

Relinquishing control seems - to me at least - neither in his nature nor his demonstrated norms of behavior.
In his Invictus* fantasy world, Barry is the master of his fate: the captain of his soul.

* Ex. "Invictus" <mod. in part for context>
William Ernest Henley (1849-1903),

RBBM
The only explanation I can come up with is that Bare, in his little narcissistic “pea” brain, is utterly convinced he’s going to get off because he hired the “best of the best.” In his mind, he’s still in control albeit vicariously through his hot shot legal team.

This is why I can’t wait to see his face when they pronounce him “Guilty as charged!” It will be the surprise of his life!!

 

[Scootie98]

Barry won't have to worry about any surplus funds laying around after he is convicted. Those "hot shot" lawyers will quickly scarf them up to cover the endless appeals....until the last dollar is gone.

 

[Skigh]

Barry won't have to worry about any surplus funds laying around after he is convicted. Those "hot shot" lawyers will quickly scarf them up to cover the endless appeals....until the last dollar is gone.

Those hot shot lawyers will drop Barry like a hot potato as soon as those dollars stop rolling in.

 

[al66pine]

Barry won't have to worry about any surplus funds laying around after he is convicted. Those "hot shot" lawyers will quickly scarf them up to cover the endless appeals....until the last dollar is gone.

@Scootie98 bbm Iirc one MSM outlet reported that an atty whose practice focuses on crim appeals attended a hearing (or was waiting in the wings)?

Or am I confused? Maybe a different case? Anyone?

 

[sk716]

@Scootie98 bbm Iirc one MSM outlet reported that an atty whose practice focuses on crim appeals attended a hearing (or was waiting in the wings)?

Or am I confused? Maybe a different case? Anyone?

Recall the same article, but I don't have a link to it. The appeals attorney is already on the books. I think the name is in one of the document dumps but I haven't started converting those since for the most part they don't affect the facts of the case or the timeline.

 

[CGray123]

______________________________________________

Judge Lama is going to have to brutalize the jury, if necessary, to secure unanimity.
To wit:
Scarce countenance given to whining from the jury foreman, or complaints by members about "ganging-up, "brow-beating", raised voices, disparaging comments. Of course, there's no place in the jury room for racism, sexism, nor for a bunch of other buzz words aka"triggers" that may be disingenuously proffered to obstruct progress.

His Honor in my view has a profound duty to secure a verdict here. No mamby-pamby, "Sorry judge, we just can't do it! Why can't we go home? We'll never all agree, either way!

Pray it follows:

"NO WAY! DO YOUR DUTY!
I'LL KNOW, AND I WILL SO DETERMINE
WHEN YOU HAVE DONE THIS!" *​

Lama J.​

​

*NB Firm. Terse. Resolute. Unvarnished. ->check<-
Hmm...
On review, such bold direction to the jury in a capital case as signal as this one just might find its way into a future Pacific Reporter. Affirmed or reversed, regardless, this would be a hat-plume.
Better still if a dissent and/or a separate concurring opinion is tacked on. That's when you know whatever you did, it was at least novel enough to engender some banter in the rare appellate air.

->aimvho<-​

When a jury tells the judge they have reached an impasse, the judge does have one more card to play. It's called the modified Allen instruction and it reads like this:

"Supplemental Instruction — When Jurors Fail to Agree

Since it appears to the Court that your deliberations have been somewhat lengthy without a verdict being reached, the Court wishes to suggest a few thoughts that you should consider in your deliberations, along with the evidence in the case and all of the instructions previously given.

It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching a verdict, if you can do so without violence to individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors.

In the course of your deliberations, do not hesitate to reexamine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.

You are not advocates. You are judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case."

Well known Colorado defense attorney H. Michael Steinberg has a web page that is very well done, laying out all the considerations, consequences, and scenarios when jurors do not agree, including the declaration of a mistrial:

Understanding the Hung Jury in Colorado: the modified Allen instruction and the effect of a mistrial.

 

[CGray123]

I think it is possible that the defense will be able to get a not guilty verdict or hung jury. It all depends what will be allowed in the trial. Those of us who have been following the case know much more (or think we do) than the 12 jurors, will hear during the trial.

In any human activity, there are always a range of possibilities of course. And to the extent the AA has inadmissible evidence, those who read it have something a jury will not.

But reading @Cindizzi's post on this page above, including Judge M's findings - all of which are based solely on admissible evidence - the prosecution has a very strong case to make. I believe BM will be in prison this summer.

Suzanne Morphew Murder to Proceed to Trial, Barry Morphew Bail set at $500,000 - by Jan Wondra - Ark Valley Voice

 

[Kemug]

I do hope we get to see Barry's face (real time or recorded) at the exact moment he is found guilty!

PLUS, and when our critter choir immediately bursts into triumphant song!

 

[katydid23]

Barry's unique skill set which makes finding her body less likely only serves to solidify the suspicion that he did it.

So true. If it had been a random predator, who had grabbed her during her bike ride, she would most likely have been dumped close by somewhere, and already found. JMO

 

[susiQ]

PLUS, and when our critter choir immediately bursts into triumphant song!

Oh my, it just occurred to me that we need a Blue Jay in our zoo! Wasn’t BM drafted by the Toronto Blue Jays many moons ago? .

 

[Skigh]

Oh my, it just occurred to me that we need a Blue Jay in our zoo! Wasn’t BM drafted by the Toronto Blue Jays many moons ago? .

An albatross was also mentioned the other day,but I am not sure we would want to risk it hanging around our necks.

 

[MemPat]

Those hot shot lawyers will drop Barry like a hot potato as soon as those dollars stop rolling in.

With the way that dumbo spills his gut imagine how many "truths" he's spilled to his lawyers and their staff. I'm surprised their eyes aren't permanently rolled back in their heads and they must truly despise him. Yes, I think when his last dollar changes hands they'll be moving on.

Let us hope there will be a dramatic moment in court when this becomes true-crime-novel-worthy and perhaps some writer can also make a few bucks!

 

[CGray123]

@Scootie98 bbm Iirc one MSM outlet reported that an atty whose practice focuses on crim appeals attended a hearing (or was waiting in the wings)?

Or am I confused? Maybe a different case? Anyone?

An appellate specialist attended the preliminary/PE-PG hearing, evidently to assess/assure that the record would support a petition to the Supreme Court if bond was denied. I don't recall his name, but I asked around at the time and he is top shelf in his field.

 

[jakat]

DBM

 

[BeckyF]

I do hope we get to see Barry's face (real time or recorded) at the exact moment he is found guilty!

And no arm in arm stroll out the front door of the court house. Instead, he is handcuffed and his supporters take a stroll minus Barry.

 

[MemPat]

And no arm in arm stroll out the front door of the court house. Instead, he is handcuffed and his supporters take a stroll minus Barry.

....."former" supporters?

 

[nodamselindistress]

The "bike ride" has to be done away with immediately. If there is one juror who believes that happened, that is reasonable doubt.