Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[MassGuy]

Yay! Judge Groome rules that the items remain in evidence on the open case! Defense motion denied.

Poor Barry. Maybe he can hunt with a finger gun.

"Pew pew..."

 

[Tumbleweed]

Another thing that was said (by the prosecution lawyer) was that the prosecution does not need to find Suzanne's body in order to re-prosecute the case. I like the sound of that!

 

[crhedBngr]

Another thing that was said (by the prosecution lawyer) was that the prosecution does not need to find Suzanne's body in order to re-prosecute the case. I like the sound of that!

Me, too!

Thought it was funny when the DA asked if The People could reply to IE - Groome said, "Gladly, gladly".

JMVHO.

 

[crhedBngr]

Anyone else hear that the RR's computer was removed and left on the front seat?

JMVHO.

 

[California Dreamin’]

Poor Barry. Maybe he can hunt with a finger gun.

"Pew pew..."

I have a couple of Nerf guns my grandkids aren’t playing with anymore, maybe they would pacify the Duke of Haggard, lol! Take THAT IE!!

 

[Tumbleweed]

Anyone else hear that the RR's computer was removed and left on the front seat?

JMVHO.

Yeah, it sounded like they left the RR's computer and BM's truck computer on the front seats and it supposedly cost BM $15,000 to have them reinstalled. Seems like an exaggeration to me but I've never had LE take my computer from my car before, so I wouldn't know...

 

[crhedBngr]

Yeah, it sounded like they left the RR's computer and BM's truck computer on the front seats and it supposedly cost BM $15,000 to have them reinstalled. Seems like an exaggeration to me but I've never had LE take my computer from my car before, so I wouldn't know...

RBBM

Ha, ha, I haven't had that experience either!

JMVHO.

 

[MassGuy]

Yeah, it sounded like they left the RR's computer and BM's truck computer on the front seats and it supposedly cost BM $15,000 to have them reinstalled. Seems like an exaggeration to me but I've never had LE take my computer from my car before, so I wouldn't know...

Lol, if I know Barry like I think I know Barry, that's a gross exaggeration.

From the "400 tours" statement, we know he has a tendency to exaggerate by about 100.

So, it probably cost him $150 to replace.

 

[Love Never Fails]

I'm fine with most of that stuff being given back, as it's not vital evidence. I just want them to keep the things they may need for another prosecution.

I’m fine with motion being denied. Made my day. Now if he can only get picked up, denied bail and go on trial for murder.

 

[Seattle1]

Yay! Judge Groome rules that the items remain in evidence on the open case! Defense motion denied.

End of October in the hunting world and I just like the idea that BM stands a good chance of violating his probation with each passing day.

 

[MassGuy]

Barry Morphew’s request over seized property denied

A motion by Barry Morphew, the Salida-area man who at one time faced murder charges tied to the disappearance of his wife, to reclaim property was denied Tuesday by a

denvergazette.com

A motion by Barry Morphew, the Salida-area man who at one time faced murder charges tied to the disappearance of his wife, to reclaim property was denied Tuesday by a judge.

<snip>

According to the motion, prosecution has been in possession of Barry Morphew’s property for more than two years and “there is no link between the property to the location or circumstances of Mrs. Morphew’s disappearance.”

A judge decided on Tuesday that the evidence would not be returned and denied the motion. Barry Morphew did not appear in court.

<snip>

"We alleged in the motion the items should be returned to Barry as they are being unlawfully held for no legitimate purpose,” part of a statement from Morphew’s attorney Iris Eytan reads. “As the law recognizes, Barry is innocent and in this country we just don’t hold people’s property ad infinitum when there are no charges pending.”

<snip>
Prosecutors had argued that the seized items could be used as evidence in the future.

“... the People have a claim to all property seized for use in a future prosecution,” part of the motion filed by the DA’s office reads. “Further, no hearing need be held as the People are not looking to forfeit the property. To the contrary, we wish to hold it safe for a potential future prosecution.”

 

[Momofthreeboys]

I’m fine with motion being denied. Made my day. Now if he can only get picked up, denied bail and go on trial for murder.

I was alittle surprised some of the items weren’t returned. I didn’t expect all 90+ to be returned.

 

[California Dreamin’]

I’m fine with motion being denied. Made my day. Now if he can only get picked up, denied bail and go on trial for murder.

Me too! Actually, I’m “tickled pink” that not one - single - item was returned. Too bad, not sad BM. Same goes for IE. No doubt two mammoth egos where deflated today!!
I’m only disappointed this judge is retiring All MOO.

 

[Murphy1950]

@Tumbleweed "Yeah, it sounded like they left the RR's computer and BM's truck computer on the front seats and it supposedly cost BM $15,000 to have them reinstalled. Seems like an exaggeration to me but I've never had LE take my computer from my car before, so I wouldn't know...

Lol, if I know Barry like I think I know Barry, that's a gross exaggeration.

From the "400 tours" statement, we know he has a tendency to exaggerate by about 100.

So, it probably cost him $150 to replace.

Good Old Barry, I'll give it 1500 Max. Source Google search

 

[charminglane]

I’m fine with motion being denied. Made my day. Now if he can only get picked up, denied bail and go on trial for murder.

All in good time, my pretty. All in good time.

 

[DeDee]

Oh, Happy Day! I am tickled pink! Or purple since we don't have a pink font.

Did the Judge admonish Barry for missing the hearing due to having wifi difficulties? Shows me how little importance he felt the hearing was. Above the Law.

#JusticeForSuzanne

 

[Seattle1]

The State of Colorado Law On The Return Of Evidence​

When the need for property seized in a case has ended, the trial court has the jurisdiction and the obligation to order its return and, if necessary, to conduct a hearing to determine its appropriate disposition and any ancillary issues.

People v. Rautenkranz, 641 P.2d 317, 318 (Colo. App. 1982).

A case has ended are the keywords here. As Judge Groome ruled, items remain in evidence on the OPEN case.

Yay! Judge Groome rules that the items remain in evidence on the open case! Defense motion denied.

People v. Rautenkranz

People v. Rautenkranz - 641 P.2d 317

law.justia.com

 

[mrjitty]

I was alittle surprised some of the items weren’t returned. I didn’t expect all 90+ to be returned.

There is no jurisdiction for a line by line hearing

Maybe if they want a more collaborative approach, the defence shouldn't go round implying that the prosecution is corrupt

 

[mrjitty]

I'm fine with most of that stuff being given back, as it's not vital evidence. I just want them to keep the things they may need for another prosecution.

The thing is, it is hard to know what they might need, before the victim is found

 

[mrjitty]

Often returns of irrelevant items or stuff that has already been examined is just negotiated between the parties e.g. the vehicles and the house were returned.

But IE operates in bad faith and uses hearings to grandstand and lie about the evidence so there is no particular reason the prosecution should play ball. Especially the defendant knows which items are actually evidence against him, and it would be entirely possible for him to include such am item on a laundry list so it gets returned without too much scrutiny.