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

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I don’t get why so many people here on WS are cutting the DA and prosecuting attorneys so much slack when it comes to assigning blame on why SM will not be getting justice this month. Instead you are blaming the judge and the defense team for BM walking.

I think most people here agree, this case is circumstantial and much, if not most of the evidence is complicated, circumstantial evidence that needs explaining by expert witnesses. IMO that includes DA’s and prosecutors, since they had the case dismissed when said witnesses were not allowed to testify as experts.

I’m not an attorney, but I have done a lot of projects with deadlines. I did not miss many cornerstone deadlines and never missed the extended then extended again, cornerstone deadline. If I was the prosecutor, I would not have missed the experts reports and CVs being turned over to the defense on feb 14th 2022, the first deadline.

If somehow I forgot, I think when the judge allowed me until Feb 28th with the admonitions that “(1) the court “in no way, condones the People’s behavior” and (2) it “will not entertain any further extensions to the People’s expert disclosure deadlines.”, I’m positive, as the experts were a cornerstone of the case, I would not have missed this second deadline on 12 of my 14 expert witnesses.

However if somehow I did and the judge gave me one more day, I’d at least got in some of the CVs, if not all 12 missing.

If I was the judge at that point, I would think the experts must not be that important to the case, since apparently, by their actions, the DA’s office and prosecuting attorneys did not act like the expert witnesses were important. The blame, IMO, lies totally with the DA’s office and prosecuting attorneys.

dates and quotes from Judge Refuses to Dismiss Murder Case Against Against Barry Morphew Despite State's 'Obvious and Egregious Violation' Regarding DNA Evidence

page 14 and 15 of the
CO v Barry Morphew - MTD March 9, 2022 pdf on that page.

the rest is MOO
 

HMMM, Shaking his head can't be missed when speaking of Suzanne, it just can't be ignored. He had plenty of time to rehearse.
 
I don’t get why so many people here on WS are cutting the DA and prosecuting attorneys so much slack when it comes to assigning blame on why SM will not be getting justice this month. Instead you are blaming the judge and the defense team for BM walking.

I think most people here agree, this case is circumstantial and much, if not most of the evidence is complicated, circumstantial evidence that needs explaining by expert witnesses. IMO that includes DA’s and prosecutors, since they had the case dismissed when said witnesses were not allowed to testify as experts.

I’m not an attorney, but I have done a lot of projects with deadlines. I did not miss many cornerstone deadlines and never missed the extended then extended again, cornerstone deadline. If I was the prosecutor, I would not have missed the experts reports and CVs being turned over to the defense on feb 14th 2022, the first deadline.

If somehow I forgot, I think when the judge allowed me until Feb 28th with the admonitions that “(1) the court “in no way, condones the People’s behavior” and (2) it “will not entertain any further extensions to the People’s expert disclosure deadlines.”, I’m positive, as the experts were a cornerstone of the case, I would not have missed this second deadline on 12 of my 14 expert witnesses.

However if somehow I did and the judge gave me one more day, I’d at least got in some of the CVs, if not all 12 missing.

If I was the judge at that point, I would think the experts must not be that important to the case, since apparently, by their actions, the DA’s office and prosecuting attorneys did not act like the expert witnesses were important. The blame, IMO, lies totally with the DA’s office and prosecuting attorneys.

dates and quotes from Judge Refuses to Dismiss Murder Case Against Against Barry Morphew Despite State's 'Obvious and Egregious Violation' Regarding DNA Evidence

page 14 and 15 of the
CO v Barry Morphew - MTD March 9, 2022 pdf on that page.

the rest is MOO
Great reading there.
 

HMMM, Shaking his head can't be missed when speaking of Suzanne, it just can't be ignored. He had plenty of time to rehearse.
I watched the clip earlier today. My jaw dropped. I watched it again. This video in no way portrays BM as an innocent man. I think the kickoff of Iris’ media tour is less than successful
 
I watched it in silence, didn't want to hear Barry's voice or Iris' - felt the youngest daughter was very uncomfortable when Barry was talking, her free hand was fidgety.
I don’t think this interview had the effect that Iris intended. They came off looking even worse. It was uncomfortable to watch.
 
Team BM expressed 3 points in their (literally) 3 minutes of fame on GMA:

1. The daughters think they know their father better than anyone and they don't believe he was involved in her disappearance.

2. They love Suzanne and all want her found so they can heal.

3. The process was unfair, BM was damaged, and prosecutors must pay $.

None of these points were supported by evidence or reason. To ABC's credit, they balanced the report by presenting the prosecution's perspective, briefly but effectively. If this is what BM gets from the pros at MSM, he's wasting his time. IE gets name recognition but no real chance to impress anyone. I doubt any viewer came away believing BM is an innocent man, wrongly charged.
 
The GMA segment was cringey. They really should have skipped this. It was so clearly orchestrated and rehearsed. Barry does not come across as the shiny-haired hero. Good free national advertising for Iris, though, even if her client doesn't come off well.

MOO
 
As others have noted, the full Motion to Dismiss by DA Stanley can be found in KKTV's article.

The article recites how the judge must defer to the prosecution unless he finds the motion to be made in bad faith, or as part of a pattern of harassment against the defendant. It goes on to cite cases holding that any charge filed subsequently within the limitations period will be a new charge, but gives a brief nod to the possibility that BM could argue Judge L's rulings still apply based on a judicial principle called, "collateral estoppel":

"...This motion also protects the Defendant, as it spares him from a juries’ fast approaching, and potentially unfavorable, verdict. The Defendant’s bond would be discharged, and the case would be a nullity. In the event the case is refiled, the Defendant retains all of his rights to further litigation, and perhaps collateral estoppel on issues already decided. As such, the Defendant’s position would be no worse, and perhaps even stronger, should the case ever be refiled." BBM

I have my own reasons to believe collateral estoppel A/K/A issue preclusion would not apply to a subsequent prosecution, but I would like to know if any of our attorneys believe it would, and if so to what issues it would apply.
 
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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.
I have always believed your skepticism was honest and appropriate, even though we often disagree. But respectfully, I would point out that we almost never hear more than one side on the merits of the case. We have, in fact, heard more from BM on substance and IE on procedure in this case than we hear in most cases. In fact, BM's ineffectual effort to explain away the damning evidence is largely responsible for both the decision to charge him and the public perception that he's guilty. MOO.
 
I watched the clip earlier today. My jaw dropped. I watched it again. This video in no way portrays BM as an innocent man. I think the kickoff of Iris’ media tour is less than successful
It was difficult to watch. I would be curious what body language experts have to say about it. It was actually uncomfortable and his expressions look exactly like the little video he made after she disappeared. I don't know what to make of the girls, but I do feel THIS video tells me they might be questioning him.
 
It was difficult to watch. I would be curious what body language experts have to say about it. It was actually uncomfortable and his expressions look exactly like the little video he made after she disappeared. I don't know what to make of the girls, but I do feel THIS video tells me they might be questioning him.
Without sounding too crass--Barry's daughters seem to have taken on the role of caring and comforting young mothers to Barry's personae of the persecuted and misunderstood son. The oddness of the power dynamics between them seems really strange to me.
 
I watched clips where Barry said he loves Suzanne. And his daughters said they support him. None of the three explained why they didn’t search for her but they “love” her. Of course they do. Of course. If they repeat it a thousand times they may convince themselves. They will never convince me. Poor Suzanne. I’m really glad she doesn’t know her daughters never looked for her or attended the vigils or contacted Suzanne’s side of the family. Suzanne has been forgotten so Mr Ego can make this about him.
 
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