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

[mrjitty]

Disagree about Barry being mountain savvy. He was born and raised in Indiana and spent 2 years in Colorado- hardly enough time to even acclimate to altitude.

Classic oversized truck clown who probably never drives off road.

 

[GatorFL]

RSBM

This is clearly incorrect as the case was assessed by the Judge at the preliminary hearing to be strong enough to go to trial, and potentially achieve a guilty verdict.

The prosecution was abandoned due to sanctions, not due to lack of a case.

IE is intentionally misleading the public.

Suggest you go read Judge Murphy's statements on this case.

 

[mrjitty]

Suggest you go read Judge Murphy's statements on this case.

??

The Judge found there was a sufficient case to proceed to trial.

That is pretty far from no case. It's why we have a prelim. To test whether there is an enough evidence for a trial.

 

[GatorFL]

??

The Judge found there was a sufficient case to proceed to trial.

That is pretty far from no case. It's why we have a prelim. To test whether there is an enough evidence for a trial.

He reluctantly agreed there was probable cause. He found that the AA was full of stuff that should not have been there under Colorado law. It's why Barry's bail was so low.

 

[Momofthreeboys]

He reluctantly agreed there was probable cause. He found that the AA was full of stuff that should not have been there under Colorado law. It's why Barry's bail was so low.

Plus the judge has to rule in a manner most favorable to prosecution at a preliminary. That isn't the case after the preliminary where the judge rules in a manner most favorable to the defendant. That's just the way it is. So I agreed at the time Judge Murphy did the right thing by pushing the case forward but I do not agree that Judge Lama was not patient with the prosecution and stalled, like Murphy, the requests for sanctions...ultimately prosecution killed their own case. Unless they find Suzanne by the end of this third summer or some eye witness comes forth I am not expecting another arrest or trial anytime soon.

 

[CGray123]

He reluctantly agreed there was probable cause. He found that the AA was full of stuff that should not have been there under Colorado law. It's why Barry's bail was so low.

Let's be accurate on this. Judge M had no trouble at all finding probable cause, the burden of proof being closer to a civil case at the preliminary stage. He made extensive comments supporting that decision.

But he said that at trial, where the prosecution's burden is much higher, "the case could go either way." For that reason, he was compelled to set bail. He could not hold BM without bail because he could not make the required finding, that "the proof is evident and the presumption great" that BM would be convicted.

Judge M observed in his decision that the AA contains information that would likely not be admitted at trial, but the DA pointed out that is not a problem in Colorado law, and the judge released it to the public without redacting the inadmissible stuff. If there is a civil trial, the court will likely admit much that could not come into evidence in a criminal trial.

 

[OldCop]

When I warned about the upcoming GMA interview, and to be prepared for the influx buying everything the defense is selling, I for one am glad for the preview -- especially the photograph that IE is currently promoting.

Fortunately, we will know in advance this is nothing but a gross misrepresentation of the statement by DA Stanley in the People's Motion to Dismiss Without Prejudice (4/19/21).

A photo of the area near Barry Morphew's former home taken the week after the April 19 dismissal of the murder case against him. Courtesy of Eytan Nielsen LLC

If anybody believes that DA Stanley was referring to the PP road/driveway (depicted above) when she stated a remote and mountainous region nearby the Morphew residence, then hit me up for some genuine Alaskan artifacts! [pg 7/11].

This area received a significant amount of snow over the winter months before a search could be completed, [pg 7/11].

To date, the area has 5 feet of snow concealing the location where the People believe Ms. Morphew is located.

I expect IE will be at the edge of her studio seat when she tells the GMA audience that she has proof that DA Stanley lied to the Court! 'Look here, look here, it's bone dry!'

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19 08-49-34 Motion to Dismiss Without Prejudice.pdf

Barry Morphew Attorney Teases Lawsuit Over Case, Takes Prosecutor Misconduct Claims National

Yes, except she forgot to photoshop out the snow that can be clearly seen in the mountains, where LE is likely searching.

 

[susiQ]

Suzanne who?

:*(
It’s this possibility that makes my blood boil. IE is portraying the Bare as a victim of DA and LE misconduct when he’s really just is a lyin’, misogynistic, narcissist wife killer! Why is she allowed to go public and poison the jury pool with lies and half-truths?? It shouldn’t be allowed in my opinion. The case against Bare was dismissed “without predjudice,” and not because he’s innocent or because there’s a lack of evidence.

I hope I live to see the day they come for him again, because they will! We KNOW who killed Suzanne.

 

[Momofthreeboys]

:*(
It’s this possibility that makes my blood boil. IE is portraying the Bare as a victim of DA and LE misconduct when he’s really just is a lyin’, misogynistic, narcissist wife killer! Why is she allowed to go public and poison the jury pool with lies and half-truths?? It shouldn’t be allowed in my opinion. The case against Bare was dismissed “without predjudice,” and not because he’s innocent or because there’s a lack of evidence.

I hope I live to see the day they come for him again, because they will! We KNOW who killed Suzanne.

Perhaps someday there will be some evidence that will affirm your opinion on "who done it" and the case will be brought to trial again but until then it's over unfortunately. I don't think we'd be in this place where the DA can say what she says using this particular case as an example if prosecution would have pulled the case together before they got the arrest warrant issued. In my opinion some of the anger is displaced and most people should want accountability from their local law enforcement and prosecuting attorneys. If Iris can get attention to that issue using this case or any case I can't be upset. Her points about what wealthy defendants can do to defend themselves vs. indigent or less wealthy defendants is spot on.

 

[GatorFL]

Let's be accurate on this. Judge M had no trouble at all finding probable cause, the burden of proof being closer to a civil case at the preliminary stage. He made extensive comments supporting that decision.

But he said that at trial, where the prosecution's burden is much higher, "the case could go either way." For that reason, he was compelled to set bail. He could not hold BM without bail because he could not make the required finding, that "the proof is evident and the presumption great" that BM would be convicted.

Judge M observed in his decision that the AA contains information that would likely not be admitted at trial, but the DA pointed out that is not a problem in Colorado law, and the judge released it to the public without redacting the inadmissible stuff. If there is a civil trial, the court will likely admit much that could not come into evidence in a criminal trial.

Yes, lets be accurate. Please provide Judge Murphy's extensive comments on the probable cause, because I have not seen them if that is the case. I did see the reporting from Lauren Scharf on the bond:

"Judge Patrick Murphy has ruled that the prosecution did not meet the burden of proof evident, presumption great so the court is obliged to set a bond on Morphew, as per the Colorado Constitution."

Barry Morphew's bond set at $500,000 cash only, affidavit to be posted

I have also seen his comments on the AA: "The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases,” the order states. “A significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence.”

https://www.courts.state.co.us/user...21CR78/21CR78 Order Limit Public Redacted.pdf

 

[susiQ]

Perhaps someday there will be some evidence that will affirm your opinion on "who done it" and the case will be brought to trial again but until then it's over unfortunately. I don't think we'd be in this place where the DA can say what she says using this particular case as an example if prosecution would have pulled the case together before they got the arrest warrant issued. In my opinion some of the anger is displaced and most people should want accountability from their local law enforcement and prosecuting attorneys. If Iris can get attention to that issue using this case or any case I can't be upset. Her points about what wealthy defendants can do to defend themselves vs. indigent or less wealthy defendants is spot on.

In my “opinion” there is plenty of evidence to show “who done it.” The amount of circumstantial evidence is this case is overwhelming IMO. I’m not alone in believing this. Just because Judge L destroyed the prosecution with his over zealous sanctioning does not negate the strength of this case.

I don’t know when, but they ARE coming for him. As far as IE is concerned, I have no respect for the tale she is spinning in the media concerning this case. I hope it comes back to bite her and the Bare in the azzzz!

 

[CGray123]

Yes, lets be accurate. Please provide Judge Murphy's extensive comments on the probable cause, because I have not seen them if that is the case. I did see the reporting from Lauren Scharf on the bond:

"Judge Patrick Murphy has ruled that the prosecution did not meet the burden of proof evident, presumption great so the court is obliged to set a bond on Morphew, as per the Colorado Constitution."

Barry Morphew's bond set at $500,000 cash only, affidavit to be posted

I have also seen his comments on the AA: "The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases,” the order states. “A significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence.”

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Order Limit Public Redacted.pdf

Thank you for documenting my points!

The hearing transcript that includes Judge M's remarks is on Plunder, which I am not permitted to link IIRC. But you can still see for yourself.

Again, Judge M was in no way reluctant to find probable cause. PE/PG is a separate question related to eligibility for a bond. It has its own separate standard of proof.

 

[CGray123]

:*(
It’s this possibility that makes my blood boil. IE is portraying the Bare as a victim of DA and LE misconduct when he’s really just is a lyin’, misogynistic, narcissist wife killer! Why is she allowed to go public and poison the jury pool with lies and half-truths?? It shouldn’t be allowed in my opinion. The case against Bare was dismissed “without predjudice,” and not because he’s innocent or because there’s a lack of evidence.

I hope I live to see the day they come for him again, because they will! We KNOW who killed Suzanne.

IE is still selling the notion that if there's any unknown male DNA anywhere near the victim, you can't even charge the husband, no matter what the circumstantial evidence shows. If this idea becomes the standard, it will be open season on women in abusive relationships. Shame on you, Iris!

 

[Momofthreeboys]

I saw one side and one side only via the preliminary and AA. I welcomed a trial and am on record saying so. Cross examination is said to be one of the greatest legal tools for getting to truth. I have said he had means, motive and opportunity but we never made it to trial to test prosecution theories.

 

[GatorFL]

Thank you for documenting my points!

The hearing transcript that includes Judge M's remarks is on Plunder, which I am not permitted to link IIRC. But you can still see for yourself.

Again, Judge M was in no way reluctant to find probable cause. PE/PG is a separate question related to eligibility for a bond. It has its own separate standard of proof.

We definitely have a different read on those limited points I posted.

I do not know what Plunder is.

 

[CGray123]

Perhaps someday there will be some evidence that will affirm your opinion on "who done it" and the case will be brought to trial again but until then it's over unfortunately. I don't think we'd be in this place where the DA can say what she says using this particular case as an example if prosecution would have pulled the case together before they got the arrest warrant issued. In my opinion some of the anger is displaced and most people should want accountability from their local law enforcement and prosecuting attorneys. If Iris can get attention to that issue using this case or any case I can't be upset. Her points about what wealthy defendants can do to defend themselves vs. indigent or less wealthy defendants is spot on.

The case is there in terms of evidence, but events prove the filing was premature, as Cahill said. Whether Judge L overreached or not, the prosecutors gave the defense the sticks to beat them with.

It is incumbent on 11th JD law enforcement, CBI and FBI to take their time and get it right. If there's five feet of snow in the search area, it will be August before they find SM's remains. In the meantime, a team should be organizing and preserving the evidence, staying in touch with witnesses, and tracking down the owners of the unknown DNA.

And BM should be careful: one of the cute girls he chases may just be an undercover special agent.

I'd be more confident the case will be patiently and thoroughly put together if DA Stanley at least stepped aside. She needs to consider the fact that her involvement in any future investigation and prosecution would create unnecessary problems, and ask Chief Judge M to appoint a special prosecutor qualified to handle this complex case.

Perhaps in future elections, voters in the District will be more skeptical of colorful but under-qualified politicians who pander to their feelings but can't deliver the goods when the time comes. This DA never tried anything but simple misdemeanor and traffic cases and never had to make the big decisions about felony prosecutions in a DA's office. If that weren't a red flag, her public censure for abandoning a client should have been. If government is unreliable, voters have their share of responsibility - but they can learn from their mistakes.

 

[justtrish]

Woman recalls meeting missing mom Suzanne Morphew at domestic violence support group: I saw 'fear' in her eyes

So very sad. Women know and this woman knew. I am sure this isn't admissible in court and it's her opinion, but we understand so much by seeing body language, watching facial expressions and how people react to seeing someone like this. The fact she was going to a domestic violence group says a lot too.

 

[GatorFL]

The case is there in terms of evidence, but events prove the filing was premature, as Cahill said. Whether Judge L overreached or not, the prosecutors gave the defense the sticks to beat them with.

It is incumbent on 11th JD law enforcement, CBI and FBI to take their time and get it right. If there's five feet of snow in the search area, it will be August before they find SM's remains. In the meantime, a team should be organizing and preserving the evidence, staying in touch with witnesses, and tracking down the owners of the unknown DNA.

And BM should be careful: one of the cute girls he chases may just be an undercover special agent.

I'd be more confident the case will be patiently and thoroughly put together if DA Stanley at least stepped aside. She needs to consider the fact that her involvement in any future investigation and prosecution would create unnecessary problems, and ask Chief Judge M to appoint a special prosecutor qualified to handle this complex case.

Perhaps in future elections, voters in the District will be more skeptical of colorful but under-qualified politicians who pander to their feelings but can't deliver the goods when the time comes. This DA never tried anything but simple misdemeanor and traffic cases and never had to make the big decisions about felony prosecutions in a DA's office. If that weren't a red flag, her public censure for abandoning a client should have been. If government is unreliable, voters have their share of responsibility - but they can learn from their mistakes.

We do agree that the case was filed prematurely. And also that any future involvement by Linda Stanley will further jeopardize this case.

Gosh, imagine if she had brought in experienced people from Denver?

 

[Seattle1]

I saw one side and one side only via the preliminary and AA. I welcomed a trial and am on record saying so. Cross examination is said to be one of the greatest legal tools for getting to truth. I have said he had means, motive and opportunity but we never made it to trial to test prosecution theories.

This case was dismissed only a week before the trial was set to begin. At this date, to only have seen "one side and one side only" is OP's choice, and not because the defense didn't clog the court with hundreds of motions (each requiring a response by the prosecution).

Given how the public Court site (i.e., cases of interest) for this case is pathetically deficient, I recommend anybody desiring to learn both the prosecution, defense, as well as the Court's rulings, take some time to reference the MEDIA ONLY thread linked on the first page of each thread. Fortunately, respective MSM sites published their own court document links.

 

[Love Never Fails]

Umm, didn't LS do a podcast on YouTube that got her into trouble with the judge (as bolded above)? IMO, there is NOTHING professional about LS, nothing at all.

That podcast was on PE. Yes she was professional.
There are MANY in your profession ( IE comes to mind) who are not. You are entitled to you own opinion, as am I.