There was no mistrial.
The case never made it to trial.
Nine days before the scheduled trial date the Prosecution filed a Motion to dismiss the charges without prejudice. Hence, the name of this thread.
The Prosecution was virtually ham stringed from presenting their case, so had no choice but to dismiss at this time.
I guess “ impressive “ is one way to describe IE. She certainly excels at bending the truth.
JMO
[…]
Secondly, prosecutors said they feel that because the judge in the case
ruled earlier this year they cannot call most of their expert witnesses at trial because of discovery violations, they will need to find Suzanne’s body to prove the case.
“The Court functionally excluded the People’s best evidence to move forward in this case by severely limiting our expert’s testimony. Even if the court were to partially reconsider its position on the need for such severe sanctions at this late hour, the People would still be left without several key expert witnesses initially endorsed,” prosecutors wrote in their motion.
“Without this crucial evidence, and without the victim’s body, the People cannot move forward at this time in good faith,” they continued in their motion. “Ethics demand that prosecutors proceed to trial only in circumstances where a reasonable likelihood of success exists, which given the Court’s current rulings and the uncertainty of any further rulings, is impossible to completely ascertain.”
[…]
In addition, Chaffee County Sheriff John Spezze said while he doesn't have any additional information to share as of Tuesday morning and is disappointed in the delay of the proceedings, "we remain unwavering in our commitment to this investigation and the ultimate prosecution of Mr. Morphew. I stand behind the strong work of the investigators within the Chaffee County Sheriff’s Office and the many law enforcement agencies involved and the strong case we have built. Above all else, we remain dedicated to seeking justice for Suzanne and her family."
A Fremont County judge granted the prosecution's motion to dismiss the murder case against Barry Morphew, who was accused of killing his wife in 2020.
www.thedenverchannel.com