Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #101

[Aloe]

Now that I have calmed down a bit, I do have to give it to Linda Stanley. She had the guts to proceed and pursue a case against Barry Morphew. He could have been living the high life, flush with cash, hunting to his heart’s content in the knowledge that he got away with murder. Linda Stanley unmasked him. So there’s that.

Yes. Thank you for pointing this out. He also could have continued in other criminal acts and misogyny. She definitely did the women of Chaffee county a service. And I’m sure many potential witnesses and others slept easier. Moo

 

[MemPat]

What Bare hasn’t begun to realize is that his “heyday” is long past its’ best before date. He’s living a dream that has long since expired. He thinks he’s still “sexy” and some kind of “catch” in his high end macho truck. Ewww. Pass me a bag for the vomit please! What he is, is repulsive on every level to any rational, critical thinking woman. Which brings me to IE. What the heck was SHE thinking?? I get he’s her pay check but that obscene production was quite unnecessary.

Take one and pass them along, SuziQ. We all need them until Bare's done for.

https://smile.amazon.com/YGDZ-Dispo...1&sr=1-4-151689ec-2078-4dff-b41e-5c4ca810721b

 

[BeachSky]

Investigators believe this is the last proof-of-life photo of Suzanne Morphew. It was taken on May 9, 2020, at 2:03 p.m.

 

[Murphy1950]

Now that I have calmed down a bit, I do have to give it to Linda Stanley. She had the guts to proceed and pursue a case against Barry Morphew. He could have been living the high life, flush with cash, hunting to his heart’s content in the knowledge that he got away with murder. Linda Stanley unmasked him. So there’s that.

Thanks, great point, I hadn't considered. It makes me feel a bit better, a positive aspect.

What Bare hasn’t begun to realize is that his “heyday” is long past its’ best before date. He’s living a dream that has long since expired. He thinks he’s still “sexy” and some kind of “catch” in his high end macho truck.

RSBM Sexy??? But Miss SusiQ he also has owns a Bobcat, tempted? Nah, me either.

Take one and pass them along, SuziQ. We all need them until Bare's done for.
https://smile.amazon.com/YGDZ-Dispo...1&sr=1-4-151689ec-2078-4dff-b41e-5c4ca810721b

Perfect @MemPat ! just what we needed

 

[OldCop]

@OldCop : Do you have a more-detailed map of the trails and mines (working or closed) above PP?
Brought over from last thread for @crhedBngr.
Here is an area mine map. It is pretty overwhelming if you are going to try to search for someone. I will try to find a map that shows trails and mines for the area right behind PP.

 

[WingsOverTX]

Good coverage. It's not over til it's over!

Case Against Barry Morphew Could Come Back After Judge’s Dismissal
"A Fremont County judge’s move Tuesday to dismiss the case against Barry Morphew clears him of charges for the moment, but potentially not long term. In dismissing the case 'without prejudice' Judge Ramsey Lama left the door open for another case against Morphew."

Case Against Barry Morphew Could Come Back After Judge's Dismissal

 

[crhedBngr]

@OldCop : Do you have a more-detailed map of the trails and mines (working or closed) above PP?
Brought over from last thread for @crhedBngr.
Here is an area mine map. It is pretty overwhelming if you are going to try to search for someone. I will try to find a map that shows trails and mines for the area right behind PP.

TYVM!

 

[DeDee]

I feel so bad for his daughters. Years from now they will look back on this and realize they were brainwashed by a sociopathic killer.

I fear for their safety with him

My experience from being married to a narcissistic psychopath, let me assure you there is no doubt control by manipulation is happening on the daily. He will use their emotions to control them. He will use their own psyche against them because he knows them better than they know themselves.

Money can be a game changer, too. It was in my case and it is in this one, too.

I don't think he will physically kill them. However, the long term damage he can do to their beautiful minds is assured. It took my daughter several years to be able to tell me that she was too young to understand what he was doing to our family yet she was 21yo during the divorce.

However, on more than one occasion during her upbringing, she told me he was crazy. She knows he is crazy of the dangerous variety. Yet, during and for a few years after the divorce, he had her wrapped. He knew her better than she knew herself. That knowledge is a very powerful weapon.
.

 

[MassGuy]

Good coverage. It's not over til it's over!

Case Against Barry Morphew Could Come Back After Judge’s Dismissal
"A Fremont County judge’s move Tuesday to dismiss the case against Barry Morphew clears him of charges for the moment, but potentially not long term. In dismissing the case 'without prejudice' Judge Ramsey Lama left the door open for another case against Morphew."

Case Against Barry Morphew Could Come Back After Judge's Dismissal

I like that take a lot, especially this:

There’s no doubt that they need a breather. They need an opportunity to step back and hit the reset button on this case,” said Chohan. “Because of all their witnesses their expert witnesses that got struck from this case.”

A refiling some day could mean new attempts to bring the witnesses and their testimony, which includes information on Barry Morphews whereabouts, back.

“I think they will be able to start from the beginning. I think they will be able to reintroduce these experts, to do the discovery right, to correct the mistakes they had made in the previous case.”

And LOL:

“Now the community wrongfully is going to believe that Barry just got away with murder,” said defense attorney Iris Eytan.

 

[gitana1]

The below is from CO Attorney and defense specialist, H. Michael Steinberg’s website:

The When of the Violation
If a failure to disclose evidence occurs at a pretrial stage of a Colorado criminal case, judges simply order that disclosure and there is no perceived need for a sanction to further remedy the situation.

BUT, if the failure to disclose becomes known either during or just before the start of a trial that the state had material that should have been produced – then Rule 16 gives a Colorado judge much broader discretion in deciding what should then be done.

The judge will balance several issues in this context:

1. The reasons why the disclosure was not made;
2. The extent of the prejudice, if any, to the opposing party,
3. The feasibility of rectifying that prejudice by a continuance, and any other relevant circumstances.

Among the options open to the judge are the following – a judge may:

1. Order the noncomplying party to permit the discovery of the material and information not previously disclosed;
2. Grant a continuance (if possible); or
3. Enter such other order as it deems just under the circumstances;

ABA Standards for Criminal Justice

Colorado Crim.P. 16(III)(g) provides:

Failure to Comply; Sanctions.

If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, prohibit the party from introducing in evidence the material not disclosed or enter such other order as it deems just under the circumstances.

Whether the judge imposes a sanction of the extreme side of its’ power may well depend on whether the prosecutor willfully violated the rule or order.

The “Tailoring” of the Sanction to Remedy the Discovery Violation
Judges are guided by another important principle in deciding how to remedy a discovery violation. That principle is this – in the judge’s role to remedy the prejudice to the defense if the trial judge finds a violation of discovery under Crim P. 16, they are directed to do so while trying to promote “compliance with the discovery rules while affecting the evidence at trial and the merits of the case as little as possible.'”

ABA Standards for Criminal Justice

The dismissal of a case, or even the less severe suppression of the withheld evidence as a sanction for a violation of discovery, is not favored by the law in this area.

The reasons are based on the policies underlying the purpose of a trial as “a search for the truth.”

Most courts across the country that have ruled in this area on appeal have found that an exclusion of prosecution evidence produces “a disproportionate windfall for the defendant.”

The Least Severe Sanction for a Violation of the Rules of Discovery
Colorado Courts of Appeal have also found that the purpose of the discovery process, including the imposition of sanctions, is to advance the search for truth.

When a violation is found and analyzed, those courts have instructed the Colorado trial judge to impose “the least severe sanction that will accomplish the desired result prompt and full compliance with the court’s discovery orders.”

BBM above from the link below.
IANAL and still trying to understand the legalese and why the Judge ruled as he did with regard to striking prosecution’s experts’ from being able to testify as such, effectively crippling/gutting the prosecution’s case. Given that Judge L stated that he felt the prosecution’s missteps were not willful and given what I understand from the above, the law frowns upon and cautions trial Judge’s against issuing severest of sanctions - disallowing prosecution’s evidence - in favor of the search for the truth, I can’t help but wonder did Judge L issue the severe sanction due to asking the prosecution twice to submit the experts’ testimony and cv’s and basically was annoyed that they didn’t do it after allowing them a second chance, or what??

Don’t get me wrong, I’m as disappointed as anyone that the prosecution ‘blundered’ in the pre-trial proceedings but it still confuses me that the Judge stated he didn’t feel the missteps by the prosecution were willful but decided to issue severe sanction of striking expert witnesses which to my understanding, the law and legal higher ups advise trial Judge’s against doing. So I say again, all considered, Judge L’s ruling seems overly punitive to me, almost as though, had the trial proceeded as scheduled, instilling reasonable doubt before the jury is even seated. Could he not have fined the actual prosecutor/s at fault, and/or called LS into chambers and counseled her about the thin ice she was skating on and demand she turn over the info or else….(can/do trial Judge’s ever do that?).

I mean, this is about protecting the People of the State of Colorado and the search for the truth in pursuit of justice for the victim, Suzanne Renee Moorman Morphew, and so I can’t help but feel the Judge either felt he needed to punish the prosecution after granting them more time to produce and/or was afraid the defense would file an appeal if he didn’t issue a severe sanction.

At any rate, I suppose it’s water under the bridge at this point, but can I just say that if new evidence comes to light/Suzanne’s remains are found and BM is re-arrested and charges re-filed (hopefully, fingers crossed), I think it would be best if a Special Prosecutor, the likes of a Dan May or Matt Murphy is assigned to the case to ensure the case/the evidence in it’s totality, is presented correctly at a future trial so that Suzanne ultimately receives the justice she so rightfully deserves.

When the Colorado District Attorney Fails to Turn Over Key Evidence – What Will Happen?


All of the above IMHOO

#FINDSUZANNE
#BRINGSUZANNEHOME
#JUSTICEFORSUZANNE

ETA-clarity

Great information. I will say, however, that the quest for the truth isn’t served by hiding evidence. But it still makes me wonder as to why, based on your information.

This is a big case though. It’s murder. Maybe the defense would’ve had a better chance on appeal if they lost at trial and then challenged the discovery mishaps in an appeal. Perhaps the judge was trying to avoid that?

But then why not just continue trial so the defense had more time? BM gave up his speedy trial right, so…

 

[MassGuy]

Great information. I will say, however, that the quest for the truth isn’t served by hiding evidence. But it still makes me wonder as to why, based on your information.

This is a big case though. It’s murder. Maybe the defense would’ve had a better chance on appeal if they lost at trial and then challenged the discovery mishaps in an appeal. Perhaps the judge was trying to avoid that?

But then why not just continue trial so the defense had more time? BM gave up his speedy trial right, so…

The defense never asked for more time, which says everything. They made a big deal about all this discovery stuff from the very first day, and were asking for a dismissal very early.

So obviously, any issues couldn't have impacted them a great deal, and I think they were just doing their thing, and trying to give their client every possible advantage.

Part of me wonders if they were pushing this along because they may have been concerned that Suzanne's body might be found.

Of course maybe they felt the prosecution was on their heels, and the quicker this happened, the greater the advantage.

 

[Kemug]

Had a thought that you all might appreciate about that photo of Barry lying on his back (hadn't actually seen it before) - it took me back to my childhood reading of my brother's cowboys and Indians books and comics. I well remember the old trick of tying down your enemy spreadeagled on his back, tipping a bit of honey or treacle over him, and waiting for the ants to visit.

 

[crhedBngr]

Had a thought that you all might appreciate about that photo of Barry lying on his back (hadn't actually seen it before) - it took me back to my childhood reading of my brother's cowboys and Indians books and comics. I well remember the old trick of tying down your enemy spreadeagled on his back, tipping a bit of honey or treacle over him, and waiting for the ants to visit.

RBBM

Red ants, please!

Sorry, couldn't resist.

MOO

 

[Kemug]

RBBM

Red ants, please!

Sorry, couldn't resist.

MOO

Actually I was wondering about fire ants, I had one bite me once, and let me tell you it is no fun at all. But for our Zoo, I'm thinking maybe we should add a mixed bag - red, soldier, fire, whatever. The more the merrier.

 

[crhedBngr]

Actually I was wondering about fire ants, I had one bite me once, and let me tell you it is no fun at all. But for our Zoo, I'm thinking maybe we should add a mixed bag - red, soldier, fire, whatever. The more the merrier.

Please do so!

 

[mrjitty]

Now that I have calmed down a bit, I do have to give it to Linda Stanley. She had the guts to proceed and pursue a case against Barry Morphew. He could have been living the high life, flush with cash, hunting to his heart’s content in the knowledge that he got away with murder. Linda Stanley unmasked him. So there’s that.

Agreed

There has been some rewriting of history in recent days - especially since the defence were ranting about the AA again

Fact is prosecution successfully arrested the accused and had him in custody. At the prelim they presented a very strong case for trial, despite the lack of expert evidence on the DNA aspect.

The problems really started after that, which seems dumb because we know they have the goods on Barry, and the defence have no case beyond arguing the technical stuff.

 

[mrjitty]

And LOL:

“Now the community wrongfully is going to believe that Barry just got away with murder,” said defense attorney Iris Eytan.

RSBM

I had to laugh at IE sock puppeting defence "evidence" in the media about the needle sheath when Barry himself never gave that explanation, nor will he testify to it

 

[mrjitty]

Great information. I will say, however, that the quest for the truth isn’t served by hiding evidence. But it still makes me wonder as to why, based on your information.

This is a big case though. It’s murder. Maybe the defense would’ve had a better chance on appeal if they lost at trial and then challenged the discovery mishaps in an appeal. Perhaps the judge was trying to avoid that?

But then why not just continue trial so the defense had more time? BM gave up his speedy trial right, so…

I think the Judge bought into the conspiracy that the prosecution is hiding DNA stuff about the "real killer"

The clue is in the reasoning where the judge refers to unidentified male DNA all over the crime scene. This is obviously not true, and reads like the wild conspiratorial fantasies of the defence.

So we ended up in the kafkaesque scenario where the Judge will not allow the very expert DNA evidence that disproves this contention.

 

[mrjitty]

Part of me wonders if they were pushing this along because they may have been concerned that Suzanne's body might be found.

I've argued this for some time.

Their case is that there is a conspiracy against Barry, shown by the conduct of bumbling, lying Cahill. They have no real arguments against the weight of evidence - just wild speculation.

There are two real risks for the strategy.

An expert exploding their DNA conspiracy AND/OR the body turning up.

Their DNA stuff was already in huge trouble IMO, as they no longer had Glove box guy to pin it on.

Hopefully now Suzanne emerges like an avenging angel from the snow

 

[HongKongPhooey]

I've argued this for some time.

Their case is that there is a conspiracy against Barry, shown by the conduct of bumbling, lying Cahill. They have no real arguments against the weight of evidence - just wild speculation.

There are two real risks for the strategy.

An expert exploding their DNA conspiracy AND/OR the body turning up.

Their DNA stuff was already in huge trouble IMO, as they no longer had Glove box guy to pin it on.

Hopefully now Suzanne emerges like an avenging angel from the snow

Wouldn’t that be something?
Like Amber Valletta’s character in What Lies Beneath - rising up to claim her murderer.