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

[CGray123]

Legally other than the fact that he had guardianship I don't think so but I also know these types of things can get sticky....it's not like he forged her signature and dropped the ballot in a mailbox. It's a little more nuanced I think. "She" didn't attempt to sign her name with an X or was mentally incapacitated and he witnessed it as an example. She is technically and legally still a missing person. The attempted murder trial is completely separate and currently he is a "free man" with no pending charges related to that alleged murder. Think of it like someone who got charged with shoplifting on one day and another day got a DUI. Two trials, two separate cases, two separate plea bargains or trials. BUT I'm no legal expert. I'm just guessing that rationally that is how it would be viewed by the courts.

RBBM. IMO, you are right about the effect of the final order in case number 2022CR47, the murder case. The DA's motion to dismiss was for "the indictment" and "the case" to use her words, and "the case" included all charges related to the murder. The motion leaves no charge on the table under that case number.

In fact, Rule 8 (a), CRCP requires that all charges related to the murder be joined in the same case:

"(a) Joinder of Offenses.
(1) Mandatory Joinder. If several offenses are actually known to the prosecuting attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the prosecuting attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any such offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution; except that, if at the time jeopardy attaches with respect to the first prosecution against the defendant, the defendant or counsel for the defendant actually knows of additional pending prosecutions that this subsection (a)(1) requires the prosecuting attorney to charge and the defendant or counsel for the defendant fails to object to the prosecution's failure to join the charges, the defendant waives any claim pursuant to this subsection (a)(1) that a subsequent prosecution is prohibited."

IMO, if BM. were to plead guilty to a charge of misleading the investigators looking into his wife's murder, or any of the other charges that were included in case number 2022CR47 (tampering with a body, tampering with evidence, possession of a dangerous weapon), Rule 8 would preclude any subsequent prosecution of the murder charge (see bold above). I can't believe the DA would make that mistake. She asked that the entire case be dismissed, and that means all the charges pending in that case. There is no indication that she moved to add any of these charges to the vote fraud case, which is unrelated. I believe that's the only charge pending now. MOO.

 

[Seattle1]

But I don't see how it can be completely separate, given that he could not have voted with her ballot, if she hadn't been missing.

Voter fraud is exactly that --fraud, regardless if the eligible electoral (SM) is missing, deceased, or standing in front of the perp scrambling eggs in the kitchen--citing voter apathy and not wanting to cast a vote for any candidate.

Assuming BM filled out his own ballot, affixed his signature under penalty of perjury, and remitted the ballot to the country clerk-recorder/election official to be counted.

But then BM also took SM's ballot, completed it, and falsely claimed to have witnessed SM complete the ballot before returning the ballot for no other reason than he wanted DT to have one more vote -- hoping to influence the vote count in favor of DT.

BM did not mistake the ballot for his own -- he told the FBI he intentionally submitted the ballot to give DT one more vote.

And then he tried to qualify his criminal act as somehow acceptable because he knew SM's mind was to complete the ballot as the imposter did.

 

[California Dreamin’]

The only thing missing from Barry's explanation for his voter fraud -- didn't know I couldn't, everybody's doing it, I wanted my guy to get both votes, she would've voted for him anyway...

What about, done it my whole life, 100%.

Rules just don't seem to apply.

I hope the Court will uphold the rules and hold him fully accountable.

Absolutely agree! Even though the murder charge was dismissed (without prejudice) for the time being (IMO), this is the opportune time to hold this cheetah, liar and murderer accountable for the offences he CAN be prosecuted for. It is HIGH time Barry Morphew was taught that the law MATTERS! JMHO of course!

 

[Momofthreeboys]

RBBM. IMO, you are right about the effect of the final order in case number 2022CR47, the murder case. The DA's motion to dismiss was for "the indictment" and "the case" to use her words, and "the case" included all charges related to the murder. The motion leaves no charge on the table under that case number.

In fact, Rule 8 (a), CRCP requires that all charges related to the murder be joined in the same case:

"(a) Joinder of Offenses.
(1) Mandatory Joinder. If several offenses are actually known to the prosecuting attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the prosecuting attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any such offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution; except that, if at the time jeopardy attaches with respect to the first prosecution against the defendant, the defendant or counsel for the defendant actually knows of additional pending prosecutions that this subsection (a)(1) requires the prosecuting attorney to charge and the defendant or counsel for the defendant fails to object to the prosecution's failure to join the charges, the defendant waives any claim pursuant to this subsection (a)(1) that a subsequent prosecution is prohibited."

IMO, if BM. were to plead guilty to a charge of misleading the investigators looking into his wife's murder, or any of the other charges that were included in case number 2022CR47 (tampering with a body, tampering with evidence, possession of a dangerous weapon), Rule 8 would preclude any subsequent prosecution of the murder charge (see bold above). I can't believe the DA would make that mistake. She asked that the entire case be dismissed, and that means all the charges pending in that case. There is no indication that she moved to add any of these charges to the vote fraud case, which is unrelated. I believe that's the only charge pending now. MOO.

As always thank you for the details. I truly appreciate.

 

[GOBliaison]

I agree with the idea that it was deliberate at that moment in time so falls under the definition of murder one, but I just don’t see evidence that he was out months or weeks prior digging a site or was making plans to murder his wife.

^ ^ ^​

Good evening, Momofthreeboys, and all, from Dadoffourgirls . I trust most is proceeding well... enough, at least.

Now, begging your indulgence, I've come to conclude that Barry's exclaiming to MG that he "...could bury a body and it would never be found.", was naught but a further level in BM's staging,. i.e., "an very cunning plan"], of distraction(s).

{In this regard, we recall several of his 'helps' for the citizenry and LE in the early hours of his wife's disappearance, to wit:
"Don't look there! Look that way!"
"I don't know why you're ignoring the brush obstructions in the river! Why?",
"Why look around the house. [...inferred, 'Since wasn't taken from here] You won't find anything" here"! etc., etc.}

I suggest that this claim was pointedly suggested to MG as she sat next to him in his truck for -IIRC - the brief (offered!) return ride to her own vehicle. Further, Barry did this because:

• He would have known that MG would be one of the first potential sources to be interviewed by LE - in this he was correct -
• He believed it very likely that MG would mention this out-of-the-blue assertion to LE - right again, Barry -

As a distraction, if I'm correct, it has proved to incredibly effective.To this day, it has resulted in seasonally expending two years worth of assets looking for topographical disturbance(s) - even sometimes spelunking mine shafts - focused on "finishing-up" that which a good number of us consider to be at most a 'nagging' incidental.

So, not only do I not believe that a firearm of any sort was ever used around PP to render SM disposable, and further that Suzanne's remains in whatever form(s) were not, and likely never were buried by her murderer.

To restate point(s) made by members more knowledgeable than I, apart from potential juror('s) curiousity, why touch upon in future proceedings, if any, [and some may think even here], further disposal theories, inasmuch as the lawful disposition of this case requires no evidence of that nature to secure a conviction for murder with/after deliberation.

^Supra.^
Bolding and italics are this poster's, done with all respect, in order to focus on much earlier discussion(s) in this case.
As well, I've not kept-up for a couple weeks, and out of habit I do so wondering what, if anything, "fresh" I might have to contribute to this awesome mix.
OK. As I am in earnest wrt my hypothesis of Barry's "burial distraction" via MG, I do hope any resulting apple-cart-upsets which may annoy will be set right in our membership's supportive spirit, if not further consideration and/or correction.
Cheers!

All & everything aforesaid is my most humble and honest opinion .​

 

[California Dreamin’]

^ ^ ^​

Good evening, Momofthreeboys, and all, from Dadoffourgirls . I trust most is proceeding well... enough, at least.

Now, begging your indulgence, I've come to conclude that Barry's exclaiming to MG that he "...could bury a body and it would never be found.", was naught but a further level in BM's staging,. i.e., "an very cunning plan"], of distraction(s).

{In this regard, we recall several of his 'helps' for the citizenry and LE in the early hours of his wife's disappearance, to wit:
"Don't look there! Look that way!"
"I don't know why you're ignoring the brush obstructions in the river! Why?",
"Why look around the house. [...inferred, 'Since wasn't taken from here] You won't find anything" here"! etc., etc.}

I suggest that this claim was pointedly suggested to MG as she sat next to him in his truck for -IIRC - the brief (offered!) return ride to her own vehicle. Further, Barry did this because:

• He would have known that MG would be one of the first potential sources to be interviewed by LE - in this he was correct -
• He believed it very likely that MG would mention this out-of-the-blue assertion to LE - right again, Barry -

As a distraction, if I'm correct, it has proved to incredibly effective.To this day, it has resulted in seasonally expending two years worth of assets looking for topographical disturbance(s) - even sometimes spelunking mine shafts - focused on "finishing-up" that which a good number of us consider to be at most a 'nagging' incidental.

So, not only do I not believe that a firearm of any sort was ever used around PP to render SM disposable, and further that Suzanne's remains in whatever form(s) were not, and likely never were buried by her murderer.

To restate point(s) made by members more knowledgeable than I, apart from potential juror('s) curiousity, why touch upon in future proceedings, if any, [and some may think even here], further disposal theories, inasmuch as the lawful disposition of this case requires no evidence of that nature to secure a conviction for murder with/after deliberation.

^Supra.^
Bolding and italics are this poster's, done with all respect, in order to focus on much earlier discussion(s) in this case.
As well, I've not kept-up for a couple weeks, and out of habit I do so wondering what, if anything, "fresh" I might have to contribute to this awesome mix.
OK. As I am in earnest wrt my hypothesis of Barry's "burial distraction" via MG, I do hope any resulting apple-cart-upsets which may annoy will be set right in our membership's supportive spirit, if not further consideration and/or correction.
Cheers!

All & everything aforesaid is my most humble and honest opinion.​

I can’t be certain he DIDN’T “barry” Suzanne, but I absolutely agree that should this remain a no body case, there is still a mountain of circumstantial evidence that says BM killed his wife, enough for a well prepared prosecution to bring home a solid conviction. I long to see the day BM is in handcuffs in the back of a cruiser! May that day be soon!! MOO

 

[steeltowngirl]

<modsnip: not an approved source link> Order: Request for Expanded Media Coverage is granted with amendments. #BarryMorphew #SuzanneMorphew

 

[GOBliaison]

I have 3 people in mind that can change this case.. the daughters and Sho. Maybe this sign is to pull at their heart. I am sure all 3 want to believe the best, but he did this to Suzanne and I have no doubt he wouldn't hesitate to do it again to one of those 3 ladies. I hope he just begins to unravel or one of them begin to question him or see parts of him they don't like. These things have a way of coming out over time and I just hope no other women are disappeared before this happens.

Could not agree more....
This, because all culprits "know" who's out there that can do harm to them or their interests...

I am concerned for MG, and her family. Recall, getting-out-of-Dodge was all she could - and possibly still all she can do in her present unknown straits.

I'm thinking MG will be a Prosecution cannot/may-not-succeed-without essential witness.
In light of this, I caution that there had better presently be
a funded, third party, undercover, 24/7, welfare watch over her.
​

_____________________________________________________________________________________________
Now. my own inclination in view of this personal worry-place would be, with her "disappearance" consequent to government ineptitude, to put my affairs in short-order and ... go fishing...
...making continuous standing falsecasts, with the fly rod, from my rowboat, in the middle of my pond, obscurred from the shore by and in the midst of

a deafening maelstrom !
I can easily imagine the sensation of the rising fur on my forearms!

buh-buh-
buh-bye!

​

 

[Seattle1]

Lauren Scharf liked

The Docket
@ChasingPaper89
·
9h

Order: Request for Expanded Media Coverage is granted with amendments. #BarryMorphew #SuzanneMorphew

Thanks, @Fox21 and LS that still remember Rule 3 still applies post the COVID pandemic.

More specifically, in Colorado criminal court -- EMC is considered for advisements and arraignments only.

Currently, a judge can authorize expanded media coverage as long as the coverage doesn’t impact rights to a fair trial, doesn’t detract from the dignity of the court and “would[n’t] create adverse effects which would be greater than those caused by traditional media coverage.”

Limitations in Rule 3 are still in place on expanded media coverage though. Coverage isn’t allowed in pretrial hearings in criminal cases, except advisements and arraignments or during jury voir dire, bench conferences, communications between counsel and client or between co-counsel, in camera hearings. Close-up photography of members of the jury also isn’t allowed in Colorado.

1985 Ruling Allowed Camera and Electronic Coverage in Courts - Law Week Colorado

In 1985, the Colorado Supreme Court sanctioned camera and electronic coverage in courtrooms, but modern media coverage is still spotty.

www.lawweekcolorado.com

 

[Seattle1]

Thanks, @Fox21 and LS that still remember Rule 3 is still applicable post the COVID pandemic.

More specifically, in Colorado criminal courts -- EMC is considered for advisements and arraignments only.

Currently, a judge can authorize expanded media coverage as long as the coverage doesn’t impact rights to a fair trial, doesn’t detract from the dignity of the court and “would[n’t] create adverse effects which would be greater than those caused by traditional media coverage.”

Limitations in Rule 3 are still in place on expanded media coverage though. Coverage isn’t allowed in pretrial hearings in criminal cases, except advisements and arraignments or during jury voir dire, bench conferences, communications between counsel and client or between co-counsel, in camera hearings. Close-up photography of members of the jury also isn’t allowed in Colorado.

1985 Ruling Allowed Camera and Electronic Coverage in Courts - Law Week Colorado

In 1985, the Colorado Supreme Court sanctioned camera and electronic coverage in courtrooms, but modern media coverage is still spotty.

www.lawweekcolorado.com

​

 

[Boxer]

Voter fraud is exactly that --fraud, regardless if the eligible electoral (SM) is missing, deceased, or standing in front of the perp scrambling eggs in the kitchen--citing voter apathy and not wanting to cast a vote for any candidate.

Assuming BM filled out his own ballot, affixed his signature under penalty of perjury, and remitted the ballot to the country clerk-recorder/election official to be counted.

But then BM also took SM's ballot, completed it, and falsely claimed to have witnessed SM complete the ballot before returning the ballot for no other reason than he wanted DT to have one more vote -- hoping to influence the vote count in favor of DT.

BM did not mistake the ballot for his own -- he told the FBI he intentionally submitted the ballot to give DT one more vote.

And then he tried to qualify his criminal act as somehow acceptable because he knew SM's mind was to complete the ballot as the imposter did.

He has no idea who she would vote for. MOO why would she talk to him about politics, she already considered talking to him about any difficult topic nearly impossible.

 

[DeDee]

Voter fraud is exactly that --fraud, regardless if the eligible electoral (SM) is missing, deceased, or standing in front of the perp scrambling eggs in the kitchen--citing voter apathy and not wanting to cast a vote for any candidate.

Assuming BM filled out his own ballot, affixed his signature under penalty of perjury, and remitted the ballot to the country clerk-recorder/election official to be counted.

But then BM also took SM's ballot, completed it, and falsely claimed to have witnessed SM complete the ballot before returning the ballot for no other reason than he wanted DT to have one more vote -- hoping to influence the vote count in favor of DT.

BM did not mistake the ballot for his own -- he told the FBI he intentionally submitted the ballot to give DT one more vote.

And then he tried to qualify his criminal act as somehow acceptable because he knew SM's mind was to complete the ballot as the imposter did.

one more vote

As if it'd make a diff. BM is an idiot like that. DJT is not to blame for ole Barry fraudulently voting in the election by signing Suzanne's ballot as a witness. It's Barry's fault. He did that.

This voter's fraud charge is all Barry's fault. Barry has no fear. He has no recompense.

He is his own lord. He lied and he lies.

He voted without fear of being caught because he thinks he deserves stuff. Everyone cheats, Barry thinks. Just because he is w/o morals, doesn't mean the rest of us are cheaters. But, that's the way he thinks. Just as in he thinks, everyone who murders their precious spouse, without fear, is w/o sin, if God allows it to happen.

I hope ole Barry is sentenced to the most severe punishment available for the fraudulent ballot charge and those other charges against BM for lying to the FBI, etal as that would be a form of justice. He lied. He needs to serve time in jail. The sooner, the better.

MOO
#JusticeForSuzanne

 

[Seattle1]

one more vote

As if it'd make a diff. BM is an idiot like that. DJT is not to blame for ole Barry fraudulently voting in the election by signing Suzanne's ballot as a witness. It's Barry's fault. He did that.

This voter's fraud charge is all Barry's fault. Barry has no fear. He has no recompense.

He is his own lord. He lied and he lies.

He voted without fear of being caught because he thinks he deserves stuff. Everyone cheats, Barry thinks. Just because he is w/o morals, doesn't mean the rest of us are cheaters. But, that's the way he thinks. Just as in he thinks, everyone who murders their precious spouse, without fear, is w/o sin, if God allows it to happen.

I hope ole Barry is sentenced to the most severe punishment available for the fraudulent ballot charge and those other charges against BM for lying to the FBI, etal as that would be a form of justice. He lied. He needs to serve time in jail. The sooner, the better.

MOO
#JusticeForSuzanne

If convicted of his current felony charges-- it's not likely the first-time offender of a non-violent felony would be sentenced to time but if these felony convictions make him a prohibited person to own/possess weapons/ammo, I don't doubt BM will sometime sooner than later face being charged as a Felon in Possession of a Firearm pursuant 18 U.S.C. § 922(g)- and subject to the relative Guideline Range (avg sentence per count 59-64 months) in federal DOC.

In my experience, the Feds don't mess around with this charge -- if you forfeit your right to possess a weapon by committing a felony, you're done polishing your holster. MOO

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Felon_In_Possession_FY18.pdf

 

[Niner]

Thursday, July 21st:
*Arraignment Hearing- via WebEx (Voter Forgery) (@ 9am MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. (BM is charged with murder & DV enhanced because Colorado does not provide for DV as an independent charge). The possession of a dangerous weapon (short rifle) charge has been severed from other charges. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial was set to begin on 4/28/22 – Case was dismissed without prejudice on 4/19/22.
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond. Charged (5/5/21) with a felony of influencing public servants.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 4/26/22 reference post #530 here:
https://www.websleuths.com/forums/t...se-dismissed-w-o-prejudice-103.626967/page-27
5/26/22 Update: Eytan saying filing motions & if they think ready to arraign, may need to set it over. Don’t know if they have all of the discovery. May arraign end of June 30. Mr Herlbert - no objection. Barry says June 30 at 9 am is good. Eytan says not in person. Barry will appear via WebEx. Need lead time to have Herlbert hear motions. Motions to be filed 6/27/22 per Eytan. Related to issues that Eytan stated at beginning of hearing defense needs to file where his residence is. Per court order. He must disclose per recognizance bond. BM has no permanent address? Using IE‘s. He is being harassed. Went to get haircut & former FBI Grusing shows up to ask questions. When he gets permanent residence it must be disclosed, but may not be made public. Next arraignment on 6/30/22 @ 9am for voter forgery.
6/30/22 Update: Morphew appeared over video conference in a Chaffee County courtroom Thursday on his voting fraud charges. While the murder charges against Morphew were dismissed, he's still facing three charges in a separate case. He's facing two felony charges, for forgery & attempting to influence a public servant. He's facing a third misdemeanor election charge. Defense attorney Eytan, indicated to Judge Patrick Murphy that they are close to reaching a plea deal with the prosecution in this case. Both sides are confident they can reach a deal in the next three weeks, agreeing to meet for Morphew's arraignment on 7/21/22 @ 9am.
7/19/22: Order: Request for expanded media coverage Fox21 news filed, request denied in whole by District Court Judge Patrick W. Murphy.

 

[Kemug]

Absolutely agree! Even though the murder charge was dismissed (without prejudice) for the time being (IMO), this is the opportune time to hold this cheetah, liar and murderer accountable for the offences he CAN be prosecuted for. It is HIGH time Barry Morphew was taught that the law MATTERS! JMHO of course!

AKA "Throw the book at him"!

 

[GOBliaison]

What a great post Megnut! Love to see him behind bars just for looking up hot young girls in Salida. Was he looking to see if his “virgin” daughter was listed on that site? He is sick. He uses his religion as a weapon and he is a true hypocrite. I can’t imagine what his daughters have lived through. And to think the oldest daughter went hunting and camping alone with him makes my skin crawl. I wonder what Suzanne found out about him and his personal/financial life that made her say “I’m done”?

I pray those close to him will wake up soon. Suzanne deserves Justice.

In view of the current trajectory of [imo well-deserved] BM bashing, may I posit what I consider to be something more than a rhetorical question?
To wit:
How, by whom and for what purpose(s) is it most probable that submissions for posting on sites like HYGinSalida come to pass in the first place?
That is all, thank you!

Mea culpa:
Bolded words, supra., for focus; with respect.

 

[Love Never Fails]

If convicted of his current felony charges-- it's not likely the first-time offender of a non-violent felony would be sentenced to time but if these felony convictions make him a prohibited person to own/possess weapons/ammo, I don't doubt BM will sometime sooner than later face being charged as a Felon in Possession of a Firearm pursuant 18 U.S.C. § 922(g)- and subject to the relative Guideline Range (avg sentence per count 59-64 months) in federal DOC.

In my experience, the Feds don't mess around with this charge -- if you forfeit your right to possess a weapon by committing a felony, you're done polishing your holster. MOO

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Felon_In_Possession_FY18.pdf

If Barry faces any type of punishment whatsoever for the fraud of voting for Suzanne Morphew, I will be shocked. He has gotten away with cheating and lies and bad business deals his whole life. His reputation precedes the murder charge.

Speaking of murder, if he ever faces trial in front of a jury, the world will find out what a liar and cheater Barry was/is.

 

[Love Never Fails]

In view of the current trajectory of [imo well-deserved] BM bashing, may I posit what I consider to be something more than a rhetorical question?
To wit:
How, by whom and for what purpose(s) is it most probable that submissions for posting on sites like HYGinSalida come to pass in the first place?
That is all, thank you!

Mea culpa:
Bolded words, supra., for focus; with respect.

Seems obvious enough. Some creep like BM is the creator of it, the how is the underground world of the internet or maybe right before our eyes. Purpose? Obvious. For sexual deviates like Salida’s own BM. The way the young girls were recruited or trafficking them and has anyone been arrested is what I would like to know. And of course, were any of Barry’s buddies into that sort of thing?

Sometimes going after a murderer can take you down some rabbit holes.

 

[steeltowngirl]

RBBM. IMO, you are right about the effect of the final order in case number 2022CR47, the murder case. The DA's motion to dismiss was for "the indictment" and "the case" to use her words, and "the case" included all charges related to the murder. The motion leaves no charge on the table under that case number.

In fact, Rule 8 (a), CRCP requires that all charges related to the murder be joined in the same case:

"(a) Joinder of Offenses.
(1) Mandatory Joinder. If several offenses are actually known to the prosecuting attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the prosecuting attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any such offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution; except that, if at the time jeopardy attaches with respect to the first prosecution against the defendant, the defendant or counsel for the defendant actually knows of additional pending prosecutions that this subsection (a)(1) requires the prosecuting attorney to charge and the defendant or counsel for the defendant fails to object to the prosecution's failure to join the charges, the defendant waives any claim pursuant to this subsection (a)(1) that a subsequent prosecution is prohibited."

IMO, if BM. were to plead guilty to a charge of misleading the investigators looking into his wife's murder, or any of the other charges that were included in case number 2022CR47 (tampering with a body, tampering with evidence, possession of a dangerous weapon), Rule 8 would preclude any subsequent prosecution of the murder charge (see bold above). I can't believe the DA would make that mistake. She asked that the entire case be dismissed, and that means all the charges pending in that case. There is no indication that she moved to add any of these charges to the vote fraud case, which is unrelated. I believe that's the only charge pending now. MOO.

I’m still a bit confused about the influencing a public official charge. It was listed as count 5 within the case. So was it dismissed along with the murder charges, or does the one influencing charge proceed independently?

 

[GOBliaison]

I think we discussed this charge thoroughly back in thread #63. I agree with the unrelated DA's comment below about proving criminal intent --
especially when BM was running around the country exercising his power of court-appointed legal Guardian over SM.

“They don’t make really good criminal cases because it’s difficult to prove criminal intent, that there was a knowing violation of election law,” District Attorney John Newsome said.

Hundreds in Colorado investigated for voter fraud

Also, back in 2016, when a former Party Chair in Weld County was convicted at trial of actually signing his estranged wife's ballot (not as a witness), he was sentenced to four years of probation and 300 hours of community service for voter fraud.

In other words, I think there's already a precedent here for punishment in Colorado for voter fraud. In this case, the prosecution used DNA evidence and handwriting analysis to convict the husband.

Former Colorado GOP chairman sentenced for voter fraud

The Weld County District Attorney's Office investigated and, using DNA evidence and handwriting analysis, alleged that Steve Curtis forged his wife's name on her ballot and mailed it to the clerk's office

www.cbsnews.com

It would be crazy for IE not to settle this. But she's probably asking for complete vindication and a monument in the park. MOO

Yeah, ... as for that "monument in the park"...

So, wouldn't it be a lark
- and for this I'll be boosting -
should a hundred loose-stooled pigeons
find it quite their perfect roosting ?

Anon.
​