Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #99

[Chingaling]

Some of ya'll might be interested to learn who owns property up on Garfield.

 

[BDAJAG]

Prejudice? It's looking like everything important to this prosecution is prejudicial in this judge's eyes.

When BM is convicted, he won't be able to say it was due to prejudicial evidence because the prosecution isn't allowed to present basic explanatory information about evidence.

I look forward to the defense's courtroom victories causing PTSD for BM for the rest of his life. I know, that's unrealistic since he's a narcissist. Watching years of appeals go nowhere will be sweet justice, though.
JMO

<VR carmined^ by subscriber>​

...uhh...
...but not so much - or at all- should BM be allowed to remain free on bail during [perhaps years] of pending appeals.

• Watch Lama, J. on this one;​
• and the DA had best already have their brief- in- opposition in fill-in-the-blank form.​

All above, my prognostication(s),
no matter how much support I am privileged to garner.​

 

[MemPat]

Money can buy a lot of things even when you are a murderer.

Just ask O.J.

 

[susiQ]

“Stealth Experts.” Court filing from March 23rd.
https://www.fox21news.com/wp-content/uploads/sites/37/2022/03/MORPHEW-d62d-mar23.pdf

 

[fcavanaugh]

COLORADO SPRINGS — There have been new developments in the upcoming Barry Morphew trial. Morphew is accused of murdering his wife, Suzanne, on Mother’s Day Weekend in 2020.

<modsnip-copyright 10% rule>

Multiple witnesses won’t be able to testify as experts in Morphew murder trial | FOX21 News Colorado

#FindSuzanne
#BringSuzanneHome
#JUSTICEFORSUZANNE

 

[rainbowshummingbird]

“Stealth Experts.” Court filing from March 23rd.
https://www.fox21news.com/wp-content/uploads/sites/37/2022/03/MORPHEW-d62d-mar23.pdf

Sounds like Iris & Co. would really like to strike Scott Turner, computer expert, from the expert list. Makes me wonder what evidence Mr. Turner uncovered and how bad it’s going to make Barry look.

 

[Auntie Cipation]

I had a little chuckle today. I was listening to the audiobook of Jamie Raskin's Unthinkable, his book about the death of his son Tommy, and January 6 and the impeachment and trial that followed.

He was talking about voter fraud, claimed and actual, and actually referred to Barry, though not by name.

Paraphrasing from memory: A Colorado man who had murdered his wife submitted a ballot in her name, justifying it with "the other side does it all the time" and "I know how she would have voted".

 

[katydid23]

I hope this means that Lama is setting his courtroom up. Giving both sides clarity on the front end so the Defense will have no traction with objections once the trial is underway.

Overruled. Overruled. Overruled.

JMO

I would love to think this^^^ was true. But so far I have not heard him declare OVERRULED , even once.

 

[Cindizzi]

I wonder why on earth they would have picked a veterinarian? That one seems like a no brainer for the judge. Surely they could have found a doctor or scientist that could testify about the actual drug chemicals and potential affects on humans. I have shook my head so many times during this trial my husband probably thinks I've developed some rare disease.

Page 122 and 123 of the AA
https://www.courts.state.co.us/user.../21CR78/21cr78 Morphew Redacted Affidavit.pdf
The FBI consulted with field Veterinarians from the Colorado Department of Wildlife ( one with 35 years experience) on their knowledge and experience with the tranquilizer chemicals that BM admitted to possessing and using.
The title does not apply to only doggie doctors.
Does one really think the Prosecution is that simple minded to not consult an actual expert?
JMO

 

[Kemug]

This is what I mean. The smiles. Literally makes me sick. JMO

OMG, they're not smiles, they're grins. Like they've just heard the funniest joke ever in the history of mankind. Someone should tell them to tone it down a bit.

 

[Kemug]

I’m pretty sure sweet Suzanne knows she is missing. Hard to let Iris know from the bottom of a mine.

Especially when she's not listening.

 

[MassGuy]

COLORADO SPRINGS — There have been new developments in the upcoming Barry Morphew trial. Morphew is accused of murdering his wife, Suzanne, on Mother’s Day Weekend in 2020.

On Wednesday, a judge ruled that a veterinarian, who had expected to testify about tranquilizers, will not be allowed to take the stand as an expert.

The judge also ruled that a K9 handler will not take the stand in the trial either. The K9 from the Department of Corrections was used on May 10 when Suzanne was reported missing to sniff out the area where Suzanne’s bike was found. The K9 did not pick up on a scent near County Road 225 and Highway 50. This was the only day this dog was used.

Prosecutors say they believe Suzanne Morphew was shot with a tranquilizer before she was killed. The sheath cap of a tranquilizer needle was discovered in the Morphews’ dryer in the days following her death.

According to court documents, the prosecution is calling 173 witnesses.

Morphew’s defense is trying to strike multiple expert witnesses from testifying in the trial.

A few of the experts that the prosecution would like to call are CBI Scientist Justin Maxwell (DNA expert), FBI Specialists Dwight Falkosoke and David Donati (extracted/analyzed Suzanne’s Range Rover), CBI Scientist Huyen Vu (fingerprint expert), Computer Specialist Maria Lunn & Dan Dunnebecke, Dr. Diane France (Necrosearch expert), and Brian Turner(computer expert).

Motion for the court to impose sanctions for the prosecution’s pattern of discovery violations. The judge has not dismissed the case which the defense has suggested he do, multiple times.

Morphew is facing the following charges in connection to this case:

• Tampering with a deceased human body
• Tampering with physical evidence
• Possession of a dangerous weapon – short rifle
• Attempt to influence a public servant
• Forgery of Public Records
• Misdemeanor Elections-mail ballot offense

Morphew’s trial is expected to start at the beginning of May.

Multiple witnesses won’t be able to testify as experts in Morphew murder trial | FOX21 News Colorado

#FindSuzanne
#BringSuzanneHome
#JUSTICEFORSUZANNE

I know Grusing didn't testify as an expert during the prelim, but it appears the prosecution wanted him to testify as an expert at trial. He's one of a number of people already stricken in that regard, which is mentioned in a footnote in the motion.

I don't know how this affects the prosecution, as we don't know how they planned to use these witnesses (if they would ask them questions that would require them to be an expert), but it can't possibly be a good thing.

 

[mrjitty]

Uhhh, they never thought to seek out any report from their own witness they want to call and designate as an expert?

it's clear they simply intended this witness to testify and not submit any report.

 

[mrjitty]

Page 122 and 123 of the AA
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21cr78 Morphew Redacted Affidavit.pdf
The FBI consulted with field Veterinarians from the Colorado Department of Wildlife ( one with 35 years experience) on their knowledge and experience with the tranquilizer chemicals that BM admitted to possessing and using.
The title does not apply to only doggie doctors.
Does one really think the Prosecution is that simple minded to not consult an actual expert?
JMO

I feel like this is a stupid ruling, but not that significant in the scheme of things.

The tranqs will put a deer down. It's going to be obvious they will do at least the same to a human.

 

[mrjitty]

I know Grusing didn't testify as an expert during the prelim, but it appears the prosecution wanted him to testify as an expert at trial. He's one of a number of people already stricken in that regard, which is mentioned in a footnote in the motion.

I don't know how this affects the prosecution, as we don't know how they planned to use these witnesses (if they would ask them questions that would require them to be an expert), but it can't possibly be a good thing.

Wild speculation on my part, but I am guessing they wanted him to be able to go past factual testimony and give his considered opinion on BM's behaviour and responses.

I am not surprised this has not been allowed, even given Grusing's obvious expertise in this area

 

[mrjitty]

So the defense proceeds with standard tactics.

Discredit witnesses

Get evidence suppressed

Provide an alternate theory

Right.

Obviously we've all had slash the wrist moments following these trials but i do wonder if we need to take a collective step back from the edge?

The judge is simply setting boundaries within which the witnesses can testify.

Dog handler dude is a witness on the periphery of the case. Sadly his report will never see the light of day, but who was even expecting one until now?

Vet will testify that the tranq will knock over a large animal

Aerial survey confirms the sky remains in position overhead and has not fallen ...

 

[Seattle1]

The COLORADO RULES OF EVIDENCE

Reprinted for your use by H. Michael Steinberg - Colorado Criminal Defense Lawyer - Attorney

ARTICLE VII

RULE 701 Opinion Testimony by Lay Witnesses

If the witness is not testifying as an expert, the witness¹ testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, (b) helpful to a clear understanding of the witness¹ testimony or the determination of a fact in issue, and (c) not based on scientific, technical or other specialized knowledge within the scope of Rule 702.

RULE 702 Testimony by Experts

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

RULE 703 Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert¹s opinion substantially outweighs their prejudicial effect.

RULE 704 Opinion on Ultimate Issue

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

RULE 705 Disclosure of Facts or Data

Underlying Expert Opinion The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

https://www.hmichaelsteinberg.com/files/the-colorado-rules-of-evidence.pdf

Colorado Court Rules | Article VII - Opinions and Expert Testimony | Casetext

 

[katydid23]

Right.

Obviously we've all had slash the wrist moments following these trials but i do wonder if we need to take a collective step back from the edge?

The judge is simply setting boundaries within which the witnesses can testify.

Dog handler dude is a witness on the periphery of the case. Sadly his report will never see the light of day, but who was even expecting one until now?

Vet will testify that the tranq will knock over a large animal

Aerial survey confirms the sky remains in position overhead and has not fallen ...

@mrjitty, I always appreciate the way you calmly talk me off the ledge. You've been doing that since Pistorius, and through Redwine and Chase Merritt...Thank you for your perceptive and logical assessments.....they are greatly appreciated.

 

[MaisieBella]

@mrjitty, I always appreciate the way you calmly talk me off the ledge. You've been doing that since Pistorius, and through Redwine and Chase Merritt...Thank you for your perceptive and logical assessments.....they are greatly appreciated.

Hear, hear!

 

[mrjitty]

@mrjitty, I always appreciate the way you calmly talk me off the ledge. You've been doing that since Pistorius, and through Redwine and Chase Merritt...

Not the Redwine case! I took a bit of a break after McStay

Thank you for your perceptive and logical assessments.....they are greatly appreciated.

I think it was you or Bernina who had to talk me off the ledge during the McStay deliberations