Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #102

Welcome to Websleuths!
Click to learn how to make a missing person's thread

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
I'm seeing a new Judicial District administration, a prosecution team made up of new hires, and a DA with less than 10 years of experience, factoring big here.

On the other hand, as I posted earlier how the DA typically does much of their work on the front end, working with LE and investigators, and examining the evidence even before criminal charges are filed against the perpetrator, LS deserves a majority of the credit for getting the no body murder case of Kelsie Schelling to the point where the acting 10th Judicial District DA finally recommended murder charges and made the decision to prosecute the case. It took more than 6 years but LS kept her promise to Kelsie's family that she would not leave the 10th Judicial District until charges were filed against Kelsie's killer. And Donte Lucas was convicted of 1st- degree murder last March. JMO
Thank you for that. Maybe I just needed a reminder of what can be done. You give her a lot of credit and you are probably correct. IMO.
 
Does Linda Stanley’s CLE lapse and her lack of conscientiousness cause you to be more skeptical about her recent claims regarding the location of Suzanne’s remains? ^^bbm

Given that it was completely unnecessary for the DA to include how for some time, law enforcement had been focused on a single location that was under snowpack, to be granted a dismissal without prejudice, then no, I'm not skeptical of the claim-- regardless of the CLE issue.

IMO, Judge Lama essentially dismissed the case when he eliminated 14 of the state's 16 witnesses, and one way or another, we knew the Court was going to grant the prosecution a dismissal without prejudice.

It would be absolutely pointless, not to mention cruel, for the People to assert they have a good faith reason to believe searching a single location may result in the recovery of forensic evidence, if not true. MOO
 
Given that it was completely unnecessary for the DA to include how for some time, law enforcement had been focused on a single location that was under snowpack, to be granted a dismissal without prejudice, then no, I'm not skeptical of the claim-- regardless of the CLE issue.

IMO, Judge Lama essentially dismissed the case when he eliminated 14 of the state's 16 witnesses, and one way or another, we knew the Court was going to grant the prosecution a dismissal without prejudice.

It would be absolutely pointless, not to mention cruel, for the People to assert they have a good faith reason to believe searching a single location may result in the recovery of forensic evidence, if not true. MOO
One reason is it saves face but I really hope it's true.
 
Last edited:
Given that it was completely unnecessary for the DA to include how for some time, law enforcement had been focused on a single location that was under snowpack, to be granted a dismissal without prejudice, then no, I'm not skeptical of the claim-- regardless of the CLE issue.

IMO, Judge Lama essentially dismissed the case when he eliminated 14 of the state's 16 witnesses, and one way or another, we knew the Court was going to grant the prosecution a dismissal without prejudice.

It would be absolutely pointless, not to mention cruel, for the People to assert they have a good faith reason to believe searching a single location may result in the recovery of forensic evidence, if not true. MOO

Do you know if this investigation/lead would have been discovered to the defence?

It would seem absurd if it was, because the accused might be able to destroy evidence.
 
RSBM - I don’t think I agree, at least on the need for a exceptional organization. The DA’s case rested on expert witnesses and without the expert witnesses, the case was dismissed by the DA’s request. It only takes average organizational skills to get the expert witness paperwork in on time, below average organizational skills to get the expert witness paper work after getting a 2 week extension and I’m not even sure you need any organizational skills when you are given one last 24 hour extension and still miss it..

I don’t blame this all on LS, although the buck stops with her. It’s mostly the fault of the responsible attorney on the prosecution team who was tasked with getting the paperwork in. If no one was assigned then the lead prosecutor. IMO LS should have apologized to the people of Colorado and publicly fired the person responsible for missing all these deadlines.

MOO

Agreed

It's hard to understand how the prosecutors on the case messed up so bad. Unless they were just playing the usual games and didn't expect to be sanctioned for it.
 
Does Linda Stanley’s CLE lapse and her lack of conscientiousness cause you to be more skeptical about her recent claims regarding the location of Suzanne’s remains?
I agree with @Seattle1's assessment on this, with an additional reason: this factual representation is not the DA's to make. It has to come from investigators, including Grusing, and from Sheriff Sneeze. Their honesty and competence is not called into question by the DA's troubles. Without knowing the information that led them to focus on this area, there's no way to determine the likelihood that they will find SM, but I believe the representation was made in good faith.
 
I have great respect for term-limited Dan May. However, I also know that a successful DA does not stand alone, and surrounds her/himself with a smart, qualified team of prosecutors and staff -- the worker bees if you will. Jeff Lindsey, Deputy DA that resigned from this case last October, was Dan May's right-hand guy for 19 years.

IMO, I think there are some misguided opinions that the DA alone is responsible for singularly admitting evidence and cranking out all the motions for the case when in fact it's more likely that the prosecutors assigned to this case, fell short of their responsibilities. Naturally, the buck stops with the DA: the DA represents the state, and they failed under her watch.

Generally, the DA, an elected official, puts in their time on a case on the front end-- long before the perpetrator is criminally charged. They typically assist police in the investigation of criminal offenses, provide legal opinions to police relative to investigations, advise them on the drafting of criminal complaints, search warrants, and statements of probable cause. The DA ultimately evaluates the evidence and is responsible for deciding whether or not to prosecute the case.

And we can't forget that in addition to supervising the team of prosecutors for the Morphew case, LS is also responsible for supervising the prosecutors of Chaffee, Custer, Fremont, and Park Counties, and their caseload. (i.e., 11 Judicial District). MOO

Personally, I'd love to have a conversation with Jeff Lindsey!! :)
BBM. The model of a DA as legal administrator is certainly an alternative, but Dan May and many other elected DAs in Colorado are trial attorneys first and foremost. Most are former deputies, and they are elected for their visible success in that role. They love to take on the baddest guys, like Patrick Frazee, as lead counsel, and put them behind bars.

Linda Stanley campaigned on her trial experience, contrasting herself with Kaitlyn Turner - who was an excellent administrator but who lacked trial experience. It would make sense to me especially in a very small DA's office that the elected official should be willing and able to try cases, especially the important ones. So, I would not be inclined to let Stanley off the hook as the nominally responsible elected official whose subordinates actually screwed up the case.

That said, in fact the problems with the Morphew case were all administrative in nature - starting with the decision to file the case before it had been thoroughly prepared, and continuing with the failure to provide the administrative and technical support needed to "build it while flying it" if that was her rationale for the precipitate arrest. These were Stanley's decisions, not subordinates'.

My dad summarized Richard Nixon's defense to charges that he authorized the burglary of Democratic Party headquarters thus: "Nixon was willing to take all of the responsibility but none of the blame." If Stanley takes this approach she should be run out of town.

I'll bet Lindsey could tell us what a nightmare it was to work for Stanley on this case, but he isn't a guy who talks out of school.
 
Last edited:
I agree with @Seattle1's assessment on this, with an additional reason: this factual representation is not the DA's to make. It has to come from investigators, including Grusing, and from Sheriff Sneeze. Their honesty and competence is not called into question by the DA's troubles. Without knowing the information that led them to focus on this area, there's no way to determine the likelihood that they will find SM, but I believe the representation was made in good faith.
I don’t believe that LS is essentially “bad” and I agree that LE has shown their competence in this matter. My concern is that, particularly as a Colorado resident, a murderer will go free from punishment. I’m 100% confident that Barry murdered Suzanne. When people assault, kill and murder it ultimately diminishes the quality of life for all of us, especially when the criminal’s behavior goes unpunished.
 
BBM. The model of a DA as legal administrator is certainly an alternative, but Dan May and many other elected DAs in Colorado are trial attorneys first and foremost. Most are former deputies, and they are elected for their visible success in that role. They love to take on the baddest guys, like Patrick Frazee, as lead counsel, and put them behind bars.

Linda Stanley campaigned on her trial experience, contrasting herself with Kaitlyn Turner - who was an excellent administrator but who lacked trial experience. It would make sense to me especially in a very small DA's office that the elected official should be willing and able to try cases, especially the important ones. So, I would not be inclined to let Stanley off the hook as the nominally responsible elected official whose subordinates actually screwed up the case.

That said, in fact the problems with the Morphew case were all administrative in nature - starting with the decision to file the case before it had been thoroughly prepared, and continuing with the failure to provide the administrative and technical support needed to "build it while flying it" if that was her rationale for the precipitate arrest. These were Stanley's decisions, not subordinates'.

My dad summarized Richard Nixon's defense to charges that he authorized the burglary of Democratic Party headquarters thus: "Nixon was willing to take all of the responsibility but none of the blame." If Stanley takes this approach she should be run out of town.

I'll bet Lindsey could tell us what a nightmare it was to work for Stanley on this case, but he isn't a guy who talks out of school.
Linda Stanley is a perfect example of the Peter principle in full effect.
 
I don’t believe that LS is essentially “bad” and I agree that LE has shown their competence in this matter. My concern is that, particularly as a Colorado resident, a murderer will go free from punishment. I’m 100% confident that Barry murdered Suzanne. When people assault, kill and murder it ultimately diminishes the quality of life for all of us, especially when the criminal’s behavior goes unpunished.
I wouldn't call it "bad"...poor performer, inattention to details, perhaps over her head in the job.... several other things. She failed with Morphew in getting the case to trial. We'll see if in her "absence" at the helm, anyone else is capable of putting a case together that can get to trial. She actually did the right thing from a DA's perspective in withdrawing the case with the ability to recharge or he most likely would have been acquitted by a jury or ended up with a hung jury. Will be interesting to see how they organize in the 11th Judicial in the interim while she gets her ducks in a row with the state licensing board.
 
I don’t believe that LS is essentially “bad” and I agree that LE has shown their competence in this matter. My concern is that, particularly as a Colorado resident, a murderer will go free from punishment. I’m 100% confident that Barry murdered Suzanne. When people assault, kill and murder it ultimately diminishes the quality of life for all of us, especially when the criminal’s behavior goes unpunished.
I want to be very clear that my criticism of Stanley is about her suitability for the important position she holds and her adherence to professional standards, not about her personal character. They are my opinion as a reasonably well informed citizen and not as a professional lawyer myself. If my posts have led anyone to believe otherwise, let this post set the record straight.
 
A simple google search of LS's name/Colorado pulls up adverse write ups about the suspension, almost exclusively. This is where perception matters. A jury's discretion extends them the freedom to assign credibility to evidence, witnesses and attorneys, for that matter. With the burden of proof weighted to the prosecution, distractions like a suspension are only counter-productive. The jury doesn't live in the bubble that people would like them to. They have an awareness of their surroundings, community and current events.
I want to be very clear that my criticism of Stanley is about her suitability for the important position she holds and her adherence to professional standards, not about her personal character. They are my opinion as a reasonably well informed citizen and not as a professional lawyer myself. If my posts have led anyone to believe otherwise, let this post set the record straight
 
Linda Stanley campaigned on her trial experience, contrasting herself with Kaitlyn Turner - who was an excellent administrator but who lacked trial experience. It would make sense to me especially in a very small DA's office that the elected official should be willing and able to try cases, especially the important ones. So, I would not be inclined to let Stanley off the hook as the nominally responsible elected official whose subordinates actually screwed up the case.^^rsbbm
To be clear, let me restate that the buck stops with DA Stanley, regardless of who failed, this happened under her watch, and LS won't disagree.

DA Stanley was responsible for recommending BM charged with 1st-degree murder of his wife, and the decision for the State (People of Colorado) to prosecute a no-body homicide in Chaffee County. And if after a year, where LS did not return to the Morphew courtroom since the PH, it should be obvious LS wasn't wearing a "trial lawyer" hat, at least not for this case.

And I have no idea what LS or Dan May or any other representative In Colorado campaigned on. No time for politics. MOO
 
Last edited:
To be clear, let me restate that the buck stops with DA Stanley, this happened under her watch, and LS won't disagree.

DA Stanley was responsible for recommending BM charged with 1st-degree murder of his wife, and the decision for the State (People of Colorado) to prosecute a no-body homicide in Chaffee County. And if after a year, where LS did not return to the Morphew courtroom since the PH, it should be obvious LS wasn't wearing a "trial lawyer" hat, at least not for this case.

And I have no idea what LS or Dan May or any other representative In Colorado campaigned on. No time for politics. MOO
Not only a no body case…there enough of those…a case based on circumstantial evidence alone that while totally able to be done, in my opinion far more difficult for a jury who may be expecting the “how” and “where” with some forensic evidence. She had a steep hill to climb from the get go as a less seasoned prosecutor.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
72
Guests online
1,523
Total visitors
1,595

Forum statistics

Threads
606,487
Messages
18,204,552
Members
233,861
Latest member
evremevremm
Back
Top