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

[mrjitty]

Whether the broadcast made it here or not is irrelevant since Colorado rulings are clear that WebEx broadcasts are not permitted to be made public so the judges in the Morphew case were not acting out of the ordinary in that regard.

RSBM

The WebEx is a red herring in this discussion.

America has a presumption of open justice and public access to the Courts - but during the pandemic access has often been restricted. So it is particularly important to allow journalists to report effectively on proceedings.

What @Seattle1 and others are objecting to, is the way the Judge ruled to restrict in court reporting which unduly restricted journalists, apparently based on false defence claims

Even if someone really did livestream from Court, how is restricted known and accredited members of the press like Lauren addressing the issue in a way that balances integrity vs transparency?

 

[Kemug]

Some of the animals might be ready to join the circus, but they need a ringmaster or a ringmistress. Maybe one of each. Who might that be?

Any volunteers? I myself am far too busy, & creating a circus (not that I'd ever do that ) will need an awful lot of work. Applicants will need to be capable of disciplining the criminally inclined, noticing BS, sorting the wheat from the chaff, teaching old dogs new tricks, and soothing any damaged egos before it comes to blows (or bites). All applicants and ideas welcome!

 

[al66pine]

Attempt to Influence. Talking Immunity?

OK, somewhere in a very distant corner of my brain, I've long held that Count 5 resulted when BM asked for immunity -- said he'd open up his entire life to Agent Grusing if he was given immunity. I would have heard this here or from one of the local reporters. Does this ring true to anybody else? Hmmm....

@Seattle1 bbm Yes, hmmm.
Per Complaint** BM "unlawfully and feloniously attempted to influence.... public servants, by means of deceit, with the intent thereby to alter or affect the public servant's " duty, etc. bbm

Per CO statute* attempt to influence includes these means: "deceit or by threat of violence or economic reprisal against a person or property."
Imo BM did not offer $, property, 'gifts,' etc.; nor did he threaten to torch or even egg their vehicles, etc; nor did he threaten to punch them in the nose, etc.

Could prosecutor shoehorn BM's immunity question/offer into 'attempt to influence'?
IDK.
___________________________
* "COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4) Between and including May 10, 2020 and May 5, 2021, Barry Lee Morphew unlawfully and feloniously attempted to influence Damon Brown, Lamine Mulenax, Robin Burgess, Alexander Walker, Joseph Cahill, Derek Graham, Kenneth Harris, and Jonathan Grusing, public servants, by means of deceit, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning a matter which was to be considered or performed by the public servant or the agency or body of which the public servant was a member; in violation of section 18-8-306, C.R.S."
^ 'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew

** CO statute section § 18-8-306.
"Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony." bbm
^2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 3 - :: Bribery and Corrupt Influences :: § 18-8-306. Attempt to influence a public servant

 

[al66pine]

Attempt to Influence. Immunity? Part 2

... BM asked for immunity....

@Seattle1 sbm for focus.
From post by @Cindizzi (TYVM for your instant recall), an MSM quote.* Grusing, ret. FBI agent, testified:
"... Barry Morphew had asked Grusing during an interview about immunity, asking him, “Can you give me immunity if I sit and just open up my life to you?”

Reading that sentence literally, I see a hypothetical question not
(necessarily) involving deceit which is the only means specified in the Complaint.

Also from article: "Grusing said he believed that meant Morphew believed investigators could help him out if he told them about Suzanne’s disappearance and death."
Iirc, very similar to phrasing in the AA. Is Grusing's belief sufficient to impute BM's intent to influence, i.e., unlawfully &
feloniously attempt, per st. law?***

I imagine the defense argument:
1) BM just asked a hypothetical question.
2) Grusing's belief is twisting & distorting BM's words.

Could prosecutor shoehorn BM's immunity question/offer into 'attempt to influence'?
___________________________
* https://www.thedenverchannel.com/ne...-with-focus-on-darts-needle-sheath-trash-runs
** Per Complaint** BM "unlawfully and feloniously attempted to influence.... public servants, by means of deceit, with the intent thereby to alter or affect the public servant's " duty, etc. bbm
^ 'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew
"COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4) Between and including May 10, 2020 and May 5, 2021, Barry Lee Morphew unlawfully and feloniously attempted to influence... in violation of section 18-8-306, C.R.S." bbm sbm
*** CO statute section § 18-8-306. "Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony." bbm
^2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 3 - :: Bribery and Corrupt Influences :: § 18-8-306. Attempt to influence a public servant

 

[MrsWatson]

And so begins BM's Redemption Tour.

This has the potential to backfire spectacularly when charges are refiled, imo.

 

[Momofthreeboys]

Attempt to Influence. Immunity? Part 2
@Seattle1 sbm for focus.
From post by @Cindizzi (TYVM for your instant recall), an MSM quote.* Grusing, ret. FBI agent, testified:
"... Barry Morphew had asked Grusing during an interview about immunity, asking him, “Can you give me immunity if I sit and just open up my life to you?”

Reading that sentence literally, I see a hypothetical question not
(necessarily) involving deceit which is the only means specified in the Complaint.

Also from article: "Grusing said he believed that meant Morphew believed investigators could help him out if he told them about Suzanne’s disappearance and death."
Iirc, very similar to phrasing in the AA. Is Grusing's belief sufficient to impute BM's intent to influence, i.e., unlawfully &
feloniously attempt, per st. law?***

I imagine the defense argument:
1) BM just asked a hypothetical question.
2) Grusing's belief is twisting & distorting BM's words.

Could prosecutor shoehorn BM's immunity question/offer into 'attempt to influence'?
___________________________
* https://www.thedenverchannel.com/ne...-with-focus-on-darts-needle-sheath-trash-runs
** Per Complaint** BM "unlawfully and feloniously attempted to influence.... public servants, by means of deceit, with the intent thereby to alter or affect the public servant's " duty, etc. bbm
^ 'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew
"COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4) Between and including May 10, 2020 and May 5, 2021, Barry Lee Morphew unlawfully and feloniously attempted to influence... in violation of section 18-8-306, C.R.S." bbm sbm
*** CO statute section § 18-8-306. "Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony." bbm
^2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 3 - :: Bribery and Corrupt Influences :: § 18-8-306. Attempt to influence a public servant

But where is that charge? Was it part of the original murder case that was dismissed or does it remain as a separate case in Chaffee County along with the voter fraud or Fremont county as a separate charge that was not dismissed?

 

[Bignuts45]

Could the attempt to influence just be the fact that they know he was lying because his recorded interviews kept changing, and didn’t follow the phone and truck evidence?

 

[Scootie98]

Several WSers have posted on this recently, so it might be worth your while to review earlier posts on this thread.

Federal criminal jurisdiction is not an area with which I am familiar. However, I know generally that murder is a Federal crime if it violates U.S. law or happens while violating U.S. law. Murders on Federal property and some other locations are also treated as Federal crimes. Any murder that involves crossing state lines for the purposes of criminal activity is likely to be assigned to a federal prosecutor.

In my view, the likelihood that SM's remains were disposed of on Federal land is so high that a Federal investigation and prosecution is appropriate and warranted.

If the community gets behind the need for Federal action to assure that they don't become a place where wealthy residents can kill with impunity, it's more likely that the Feds will take up the case. It would be helpful if SM's family in Indiana called for a Federal investigation and prosecution of BM.

Further investigation by the FBI will undoubtedly be necessary, but in the long run the prosecutorial resources and expertise of the Federal government will be essential if this complex, expert-dependent case is to be presented effectively. Even if I were confident that the 11th JD could develop this expertise (and I'm not), Judge L's rulings make the DA's involvement in a future prosecution problematic IMO.

OTOH....the prosecutor has implied that the location may be known and they intend to pursue it. I would think that if that location were on federal land...there would already be some collaboration with the feds...legal jurisdiction would be primary to the case.

 

[Diddian]

I can't think of a single word any of the family could say that would make it worthwhile apart from the obvioud, but that's never going to happen.

I can.

They could remove the condition on the $200,000 reward, so it is no longer for “Suzanne’s safe return, no questions asked,” and is instead for information leading to recovery of her remains and successful prosecution of any party responsible for her disappearance.

 

[Scootie98]

There is NO DNA hit or match. None of the DNA gathered hit on sexual offenses that had been entered into CODIS. The supposed "hits" were partial genetic matches to events entered into individual state or local LE systems and found by contacting other states and locales and asking them to check their records.

What's more, in the supposed "hits" in question (one in Tempe and another in Phoenix, AZ; another in Chicago, and another in Maryland), only a small number of loci matched the select records that had been entered into some other locales in relation to sexual offenses. The number of loci that corresponded to these records were inadequate to qualify as a genetic "match."

Regardless, each of those was tracked down to the actual case related to the record. In the Chicago case, there was no sexual assault; a woman had reported a sexual assault because she didn't want her husband/significant other to know she had been with a boyfriend ("Munchie"). In one of the Arizona cases, a woman had reported a sexual assault by her husband (i.e. it was not a stranger to stranger event and IIRC, the claim had been later withdrawn by the woman). I cannot remember what disqualified the other two beyond the lack of sufficient number of matching loci. Maybe someone else here does.

ETA: Lauren and her panel addressed this issue in her recent YouTube presentation and one of the two former NY officers answered the issue (question asked around 14:00 in the video):

The DNA match is as valid as the bike ride.

 

[CGray123]

OTOH....the prosecutor has implied that the location may be known and they intend to pursue it. I would think that if that location were on federal land...there would already be some collaboration with the feds...legal jurisdiction would be primary to the case.

ITA. The FBI has been involved from early on, and I assume they will remain involved in the investigation. Investigators having seen the defense, I expect there will be further efforts to identify the sources of male DNA on the bike and other places and to close off the SODDI argument. We won't know if the U.S. attorney is involved until charges are filed, I suspect. Maybe it's a long shot hope, but a Federal prosecution would remove all the lingering legal issues from Linda Stanley's prosecution of the case and bring a top notch legal team the locals can't match. It would also put the death penalty on the table.

 

[mrjitty]

And so begins BM's Redemption Tour.

This has the potential to backfire spectacularly when charges are refiled, imo.

The defence seems very focussed on sock puppeting a new version into the media - presumably to influence future juroros

 

[mrjitty]

Can't wait for Barry's book deal ... but what should it be called?

"All my life"
"Oh Suzanne"

 

[CGray123]

District Court Judge Ramsey Lama announces resignation, effective July 25 – Canon City Daily Record

[ ]

Jon Sarché, the Deputy Public Information Officer for the Colorado Judicial Department, said that about a year ago, Judge Lama began to consider stepping down from the bench.

"Prior to making his announcement at that time, Judge Lama was assigned a number of murder cases in Fremont County and agreed to see those cases through," Sarché said in an email to the Daily Record on Friday. "When People v. Barry Morphew was reassigned by the Chief Justice, Judge Lama agreed to take that case and intended to make it one of his last assignments on the bench."

The District Attorney's Office dropped the charges against Barry Morphew on April 19, just days before he was set to go to trial for the alleged murder of his wife, Suzanne Morphew.



After July 25, Sarché said Lama will be returning to private practice.

At some point in the next week or two, he said the department will issue a formal vacancy announcement setting out the deadline for people to apply for the position and the date the 11th Judicial District Nominating Commission will meet to interview applicants. Then they will select two or three candidates to recommend to the governor who will then have 15 days to choose one of those nominees to fill the position.

[. ]

To me, this explains a lot. Not that Judge L is corrupt, but that the mindset of a judge who intends to remain accountable to the people of his district may be different from that of a lawyer who knew from the time he accepted this case that it would be his last before he returned to his private criminal defense practice. MOO.

 

[MountainDad]

The Colorado Dept of Wildlife never charged Barry with sedating and taking deer antlers. I wonder why?

 

[Megnut]

The Colorado Dept of Wildlife never charged Barry with sedating and taking deer antlers. I wonder why?

Probably because he never did that.

Just a story to divert from what he did do with his old tranquilizer darts.

JMO

 

[HongKongPhooey]

Can't wait for Barry's book deal ... but what should it be called?

"All my life"
"Oh Suzanne"

“How to win cute young Salida girls and influence people in authority” ?

 

[pseudo_hum]

“How to win cute young Salida girls and influence people in authority” ?

Or, "What Did God Really Mean When He Commanded 'Thou Shall Not Kill'"
~BM autobiography (IMO)

 

[MountainDad]

He said he did it. It is a felony.

 

[Megnut]

He said he did it. It is a felony.

As I recall, he also said he did it in April. When deer barely have antlers.

Guessing he had no sawn-off nubs in this scary trophy garage.

Pretty textbook move anyway -- confess to a lesser infraction to bolster the appearance of truth-telling and transparency. While lying through your veneers.

JMO