Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #103

[MassGuy]

I agree. But the errors existed all the way back to the charging, which we know the CBI thought to be too soon. I guess that thought proved to be true.

Everyone thinks a second arrest will be a slam dunk and I don't agree with that. The prosecutors have laid their cards on the table and Iris surely has a formidable defense planned with what she knows. I still think she might bail out if a substantial new piece of evidence is found, but what else is there to find? Seems like all there is to find are Suzanne's remains.

And depending on where they're found and what they're found with could affect the case that the prosecutors have already built.

CBI wanted the testing complete, as it would have slammed the door on the glovebox DNA. Even with that door now firmly closed, Iris is still pushing that debunked evidence, which tells you all you need to know.

Grusing (FBI profiler) had completed the interviews with Barry, laying his cards on the table and brilliantly allowing Barry to go on the record one final time, and bury himself.

So the CBI's second issue was moot, as it was done. Barry had been done with them months before.

Iris can't refute much of the evidence, and she obviously can't explain away Barry's mountain of lies, so she distracts and hopes that public is too ignorant to comprehend the evidence.

Poor Barry. Or something.

 

[waldojabba]

It's also important to note that missing the deadlines, does not mean evidence isn't there to get a conviction. This isn't a case of there not being evidence to show Barry is guilty. The judge did put harsh sanctions on the prosecution for those missed deadlines. From the conversations I've seen here on WS, it seems those sanctions were more harsh than is typical. It also seems the judge used the defenses notes for some rulings instead of reading for himself, which made things biased toward the defense. Maybe in the end it will work out better this way.

“Failed prosecution”
Sounds like an Iris talking point doesn’t it? I can hear it loud and clear as part of her blah blah grandstanding. IMO

The important thing though is context. Thanks @justtrish

The prosecutions initial attempt failed it’s true - for many many reasons - but guess what? The prosecution gets more than one bite at the apple! It wasn’t one and done as much as Iris and others may have wished.
And the prosecutions first attempt did not fail for lack of evidence, despite how some may view it. Denying something that exists does not make it go away.

Lots of time to get things right while the failed husband BM, cavorts with Sho IMO.

The failed husband who is still legally married, the failed husband who Imo killed the woman who he promised to love cherish and protect. The failed Christian man, the failed baseball star ,the failed father, the man who failed Incredibly at being a decent human.
There’s your biggest failure in this whole tragic mess IMO

 

[Seattle1]

So the prosecution missing 3 deadlines to qualify their experts isn’t failure?

Failure?

Not unlike the prosecution, the defense ALSO missed 3 discovery deadlines!

And the Court acknowledged and ruled that the prosecution's deadline violations were not intentional, and they did not act in a manner inconsistent with good faith.

It happens every single day.

However, what does not occur every day is a judge, empowered with the use of discretion, imposing a discovery violation penalty that essentially serves to dismiss the case for the state.

Clearly, state legislators agreed 35 days before trial as reasonable and appropriate, and where the defense will not be injured.

IMO, a judge failing to use the statute as guidance when imposing a penalty was the real failure here. Especially when looking at the actual trial calendar. MOO

The Prosecutor's Performance Obligations as defined in Colorado's Rules of Criminal Procedure, Rule 16- Discovery is very clear when defining the statutory deadline:

“(3) The prosecuting attorney shall perform all other obligations under subsection (a)(1) as soon as practicable but not later than 35 days before trial.” Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16

 

[mrjitty]

I agree. I think it more likely to be nearer PP than in a mine somewhere.

Having read No Stone Unturned, the concealment of the body was in each documented case, surprisingly unsophisticated.

Concealment in the wilderness benefits from sheer scale of the area to search.

In one case, discovery occurred because of animal disturbance - a very common factor in these cases.

 

[mrjitty]

What if Suzanne is found outside of Colorado? or any other location that B could not be tied to?

IMO, Suzanne needs to be found within the locale of PP - the further away she is, the less likely it is to be tied to B, unless there is evidence that is found with the body that points in B's direction.

IMO, I think it rather simplistic to say 'find the body and its game over for B'.

The significance of finding the body is that charges will immediately be refiled*, as the prosecution can come back to Court with clean hands, but with much the same case as before.

(unless of course the new evidence is exculpatory)

 

[mrjitty]

As to whether an agency will fund another search - this was covered extensively in No Stone Unturned, as it is actually the main barrier to necrosearch doing its job

The answer tends to depend on having a good new lead, and someone being heavily invested in resolving the case, in order to risk the budget.

I personally wonder if Grusing and team have spoken to everyone who has had contact with BM and perhaps other forms of surveillance, and developed a new theory on this.

BM is absolutely the kind of person who would have said something stupid to someone and/or revisited the site.

Especially he isn't a career criminal who dumps an associate somewhere and never things of the matter again.

 

[Nikynoo]

The significance of finding the body is that charges will immediately be refiled*, as the prosecution can come back to Court with clean hands, but with much the same case as before.

(unless of course the new evidence is exculpatory)

I would hope that the prosecution files a much superior case with the assistance of experienced professionals. The scatter gun approach is less likely to secure a conviction, whereas a focussed prosecution is more effective and gives the defence less room to raise reasonable doubt.

IMO the 'failed' prosecution had too much circumstantial evidence that could be cut down by the defence and confuse the jury (for example, the GPS movements). Keep it simple and the prosecution will be successful.

 

[Nikynoo]

Having read No Stone Unturned, the concealment of the body was in each documented case, surprisingly unsophisticated.

Concealment in the wilderness benefits from sheer scale of the area to search.

In one case, discovery occurred because of animal disturbance - a very common factor in these cases.

I agree with the benefits of concealment in the wilderness. And there is a lot of wilderness in Colorado.

If the timelines discussed on this forum are correct, I'll wager that the only time B left PP in a vehicle was after 4.30am. B wouldn't want the risk of him being seen in any vehicle related to the Morphew family, without being to explain it away easily. For this reason, IMO Suzanne is within a mile of PP. A dead body is heavy, regardless of how light or slender the victim is perceived to be. I'm 120lbs and 5'5 - I doubt my other half (who is an ex firefighter and maintains his fitness) could carry me a mile on a straight road, let alone over rough ground.

 

[Nikynoo]

Nobody can successfully argue that Linda Stanley's team was anything less than an abject failure. For some reason the prosecution was incapable of building a case with what they had. The evidence discussed here seems substantial. Of course, we don't know how the evidence would play out in a trial.

I think Linda Stanley did not have a team on board (hence the departure of her second in command) with the direction she wanted the case to go. IMO, LS worked on the basis that the evidence would present itself the way she wanted it at some point before trial.

It seems from various MSM, LS rubbed a lot of the people the wrong way, when she should have worked to get them (as a team, working in the same direction) on board.

If the prosecution refiles on the basis of new evidence, I hope there is a different prosecutor with plenty of experience of murder trials.

 

[mrjitty]

I would hope that the prosecution files a much superior case with the assistance of experienced professionals. The scatter gun approach is less likely to secure a conviction, whereas a focussed prosecution is more effective and gives the defence less room to raise reasonable doubt.

IMO the 'failed' prosecution had too much circumstantial evidence that could be cut down by the defence and confuse the jury (for example, the GPS movements). Keep it simple and the prosecution will be successful.

Unfortunately we don't know what the case actually was because we never got to opening arguments.

I get the feeling things might have moved on a bit from the prelim.

 

[Niner]

Can you please refresh my memory on Barry’s upcoming, 30 June, court date? Is this for the voting fraud or the influencing of a public official?

Docket Search | Colorado Judicial Branch

www.courts.state.co.us

It will be an arraignment hearing - virtual - for the voting fraud. That is the only charge on the court site.

No - not yet - on the influencing of public officials & the charge of possession of a dangerous weapon (short rifle) charge was severed from the original charges (murder). Don't know if that was dismissed or not - ??

 

[GatorFL]

I think Linda Stanley did not have a team on board (hence the departure of her second in command) with the direction she wanted the case to go. IMO, LS worked on the basis that the evidence would present itself the way she wanted it at some point before trial.

It seems from various MSM, LS rubbed a lot of the people the wrong way, when she should have worked to get them (as a team, working in the same direction) on board.

If the prosecution refiles on the basis of new evidence, I hope there is a different prosecutor with plenty of experience of murder trials.

I am in agreement that if charges are ever refiled, the best path forward is with a different district attorney.

 

[GatorFL]

CBI wanted the testing complete, as it would have slammed the door on the glovebox DNA. Even with that door now firmly closed, Iris is still pushing that debunked evidence, which tells you all you need to know.

Grusing (FBI profiler) had completed the interviews with Barry, laying his cards on the table and brilliantly allowing Barry to go on the record one final time, and bury himself.

So the CBI's second issue was moot, as it was done. Barry had been done with them months before.

Iris can't refute much of the evidence, and she obviously can't explain away Barry's mountain of lies, so she distracts and hopes that public is too ignorant to comprehend the evidence.

Poor Barry. Or something.

You're still assuming this is a slam dunk case and it is not. Most people thought the cases against OJ and Casey Anthony were slam dunks. And because of double jeopardy both are free for life. In those cases we saw a questionable judge, overmatched prosecutors, and ineffective investigators. Based on what we know about this case, there are a lot of similarities to those two cases. The only difference is that LS was wise enough to drop the charges when she knew she was going to lose in hopes of more evidence.

It only takes one Johnny Cochran moment to alter a case like this one.

I think there is only a 50% chance he will be recharged at this point.

 

[Nikynoo]

Unfortunately we don't know what the case actually was because we never got to opening arguments.

I get the feeling things might have moved on a bit from the prelim.

well, I would imagine it would have been along the lines of the arrest warrant?

 

[Momofthreeboys]

You're still assuming this is a slam dunk case and it is not. Most people thought the cases against OJ and Casey Anthony were slam dunks. And because of double jeopardy both are free for life. In those cases we saw a questionable judge, overmatched prosecutors, and ineffective investigators. Based on what we know about this case, there are a lot of similarities to those two cases. The only difference is that LS was wise enough to drop the charges when she knew she was going to lose in hopes of more evidence.

It only takes one Johnny Cochran moment to alter a case like this one.

I think there is only a 50% chance he will be recharged at this point.

In my opinion it was never a "slam dunk" case from the get-go. No body and no scientific evidence are just two things that would create a situation that could render a case not a "slam dunk". Doesn't mean that had prosecution done a better job they would still lose, it just means that they didn't walk into the courtroom with a sure thing. And yes it was a failed prosecution use a different word if failed strikes a nerve: unsuccessful, thwarted, aborted...doesn't really change that the end goal for prosecution was never reached. I said and believe it was smart of prosecution to do what they did. I also agree right now at this moment there are no guarantees a DA, the current one or a new one, will bring the case up again..it's a big unknown.

 

[Momofthreeboys]

You're still assuming this is a slam dunk case and it is not. Most people thought the cases against OJ and Casey Anthony were slam dunks. And because of double jeopardy both are free for life. In those cases we saw a questionable judge, overmatched prosecutors, and ineffective investigators. Based on what we know about this case, there are a lot of similarities to those two cases. The only difference is that LS was wise enough to drop the charges when she knew she was going to lose in hopes of more evidence.

It only takes one Johnny Cochran moment to alter a case like this one.

I think there is only a 50% chance he will be recharged at this point.

In my opinion it was never a "slam dunk" case from the get-go. No body and no scientific evidence are just two things that would create a situation that could render a case not a "slam dunk". Doesn't mean that had prosecution done a better job they would still lose, it just means that they didn't walk into the courtroom with a sure thing. And yes it was a failed prosecution use a different word if failed strikes a nerve: unsuccessful, thwarted, aborted...doesn't really change that the end goal for prosecution was never reached. I said and believe it was smart of prosecution to do what they did. I also agree right now at this moment there are no guarantees a DA, the current one or a new one, will bring the case up again..it's a big unknown.

 

[Scootie98]

What if Suzanne is found outside of Colorado? or any other location that B could not be tied to?

IMO, Suzanne needs to be found within the locale of PP - the further away she is, the less likely it is to be tied to B, unless there is evidence that is found with the body that points in B's direction.

IMO, I think it rather simplistic to say 'find the body and its game over for B'.

Any conjecture that SM is outside of Colorado or any other location that BM could not be tied to eliminates BM as a suspect (without an accomplice). You would have to ignore all of the no-body evidence that already exists (and it is voluminous) to believe that is even a possibility. We are talking "reasonable doubt"...

 

[Scootie98]

As to whether an agency will fund another search - this was covered extensively in No Stone Unturned, as it is actually the main barrier to necrosearch doing its job

The answer tends to depend on having a good new lead, and someone being heavily invested in resolving the case, in order to risk the budget.

I personally wonder if Grusing and team have spoken to everyone who has had contact with BM and perhaps other forms of surveillance, and developed a new theory on this.

BM is absolutely the kind of person who would have said something stupid to someone and/or revisited the site.

Especially he isn't a career criminal who dumps an associate somewhere and never things of the matter again.

If innocent Barry is still "looking for Suzanne" as he said...then he should willingly and enthusiastically offer to fund the necro-search...on behalf of his cherished daughters and extended family.

 

[GatorFL]

In my opinion it was never a "slam dunk" case from the get-go. No body and no scientific evidence are just two things that would create a situation that could render a case not a "slam dunk". Doesn't mean that had prosecution done a better job they would still lose, it just means that they didn't walk into the courtroom with a sure thing. And yes it was a failed prosecution use a different word if failed strikes a nerve: unsuccessful, thwarted, aborted...doesn't really change that the end goal for prosecution was never reached. I said and believe it was smart of prosecution to do what they did. I also agree right now at this moment there are no guarantees a DA, the current one or a new one, will bring the case up again..it's a big unknown.

I totally agree. It was never a slam dunk. People now are using revisionist history to say there is overwhelming evidence and Barry should be behind bars. But like you have been saying, a lot can happen in a courtroom. A lot of the evidence discussed here would never make it into the trial and the first judge made a note of that early on. There is substantial evidence but nothing that could be overcome by a competent defense attorney.

I'll never forget why I came to this website. The Casey Anthony case. The talk was the same back then, that she was going to rot in prison for what she did. I must have been watching a different trial because every night I would come on and post that I didn't think it was going well for the prosecution and I was laughed at. In the end we see how that worked out. I have been saying there are a lot of parallels between that case and this one. I think they actually had more evidence against Casey, yet she's free.

 

[Momofthreeboys]

If innocent Barry is still "looking for Suzanne" as he said...then he should willingly and enthusiastically offer to fund the necro-search...on behalf of his cherished daughters and extended family.

I think some things are just unrealistic expectations. My belief is that families never totally give up the idea that a family member will be found but I also suspect that most families ultimately deal with the reality of their life in limbo regarding a missing loved one. We don't even know if Barry is living anywhere near where they lived...I think locals can keep some pressure on the Sherriff to follow any "new" leads of course. And we really don't know what happened between year 1 and year 2 locally with regard to actually trying to locate Suzanne. I'm just more pessimistic or more of a realist I guess. Although like everyone I really hope DA Stanley wasn't making a false statement when she declared they had a relative location and were just waiting until the area was accessible after snow melt.

I am one who doesn't believe she is near the home and I am one that believes that Barry was sincere when he was upset that LE didn't dredge out the Beaver Pond so I don't believe she is in the water near the house either. I have also always had a funny little twitch in my mind that wonders if Barry actually even knows where Suzanne is leading to me having always wondered if someone else were involved during the middle of night activity. Although who knows if his searching with friends and thrashing around in the brush by the river and all that was fakery in the early months. But is he in Chaffee County searching in year three? I doubt it. Is LE still active. I hope so.