Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

[Megnut]

4/18/23

Complaint against 11th Judicial DA’s Office in Morphew caseDownload

Eytan also claimed the Federal Bureau of Investigation and the Colorado Bureau of Investigation worked with Stanley’s office to conceal evidence, specifically DNA evidence found in Suzanne’s car that didn’t match Barry Morphews. Eytan said that evidence was hidden from the court.

Jessica Yates, the executive director for the counsel, confirmed with FOX31 her office did receive the complaint and will investigate it.

See news link above for 83 pg complaint by Eytan.

Gospel according to Eytan. Just because she says it's so doesn't make it so! And besides, if she's going to talk about concealing evidence, I'm going to talk about her client. Airplane modes. Trash runs. Discarded tranquilizers. Burned anythings. Missing wives.

Eytan can make all the noise she wants.

She has an agenda.

It doesn't include Suzanne.

And that tells me everything I need to know.

Jmo

 

[Seattle1]

She obviously has some kind of agenda of influencing public opinion.

Wasn't Eytan the attorney for Krystal Kenney, who helped Patrick Frazee clean the murder scene and burn Kelsey's body? That was a very high-profile investigation and trial.

And then a couple of months after the verdict, SM disappeared in Colorado and has never been found? I'm not a big believer in coincidences.

Yes, it was Eytan's then law partner Dru Nielsen that represented KK. Nielsen joined a different firm in 2022, and they are no longer law partners.

I agree IE definitely has her own agenda going on here!

In Oct 2021, BM's civil attorneys announced they intend to sue 26 named officers from CCSO, CBI, FBI, as well as attorneys from the 11th Judicial District. (Colorado enacted a ban on qualified immunity in 2020).

IMO, the complaints filed by IE with the Office of Attorney Regulation Counsel (OARC) are being used as a precursor by IE where she hopes to build some ammunition for the civil suit. I think the clock is ticking on the civil suit where cases typically have to be filed within 3 years.

And given the only penalty in a civil suit is a financial award, I think IE hopes to get a chunk of change for BM (so he can pay his legal bill when he's recharged for murdering his wife).

It's not enough for IE to seek to ruin the careers of more than 25 prosecutors and/or civil servants, she also wants to personally cause them financial harm.

And just so OARC doesn't think IE has a vendetta against the 11th Judicial District (which she clearly does), there's a "concerned citizen" from Denver (not Chaffee, Fremont, Custor, or Park counties located in the 11th Judicial District) that's also filed a couple more complaints against DA Stanley for alleged discovery violations and resultant sanctions.

No coincidence that the "citizen" and Eytan both reside in Denver. MOO

Barry Morphew plans to sue DA, investigators for malicious prosecution

A civil law firm has sent letters to members of the Chaffee County Sheriff’s Office (CCSO), 11th Judicial District Attorney’s Office, Federal Bureau of Investigation (FBI), and Colorado…

www.fox21news.com

 

[MyBelle]

Yes, it was Eytan's then law partner Dru Nielsen that represented KK. Nielsen joined a different firm in 2022, and they are no longer law partners.

I agree IE definitely has her own agenda going on here!

In Oct 2021, BM's civil attorneys announced they intend to sue 26 named officers from CCSO, CBI, FBI, as well as attorneys from the 11th Judicial District. (Colorado enacted a ban on qualified immunity in 2020).

IMO, the complaints filed by IE with the Office of Attorney Regulation Counsel (OARC) are being used as a precursor by IE where she hopes to build some ammunition for the civil suit. I think the clock is ticking on the civil suit where cases typically have to be filed within 3 years.

And given the only penalty in a civil suit is a financial award, I think IE hopes to get a chunk of change for BM (so he can pay his legal bill when he's recharged for murdering his wife).

It's not enough for IE to seek to ruin the careers of more than 25 prosecutors and/or civil servants, she also wants to personally cause them financial harm.

And just so OARC doesn't think IE has a vendetta against the 11thd Judicial District (which she clearly does), there's a "concerned citizen" from Denver (not Chaffee, Fremont, Custor, or Park counties located in the 11th Judicial District) that's also filed a couple more complaints against DA Stanley for alleged discovery violations and resultant sanctions.

No coincidence that the "citizen" and Eytan both reside in Denver. MOO

Barry Morphew plans to sue DA, investigators for malicious prosecution

A civil law firm has sent letters to members of the Chaffee County Sheriff’s Office (CCSO), 11th Judicial District Attorney’s Office, Federal Bureau of Investigation (FBI), and Colorado…

www.fox21news.com

I so agree. Nope, no coincidence.

Hopefully, Eytan will be shut-down. I'm sick of attorneys "weaponizing" the judicial system. Jennifer Dulos comes to mind as does Kelsey Berreth and Suzanne.

 

[Seattle1]

According to Etyin's complaint in your link, BM was arrested May 2021 and was held without bond until Sept. 2021.

On August 24, 2021, at the conclusion of the preliminary hearing, the Court set oral argument and ruling for September 17, 2021. Mr. Morphew continued to be held without bail until September 17, 2021

Yes, it took 5 months from BM's arrest for the 3-day preliminary hearing to conclude and additional arguments heard before the Court ruled on probable cause (for the case to be bound for trial), and proof evident (for whether or not BM was eligible for bail), and BM was held in jail until the proof evident decision by the Court.

However, to be clear, Eytan herself was also responsible for the time BM stayed in jail. For example, after the court ruled on probable cause, she had to argue against the Court's decision because there was no body! (SM's body still has not been recovered).

IMO, you are truly doing yourself an injustice if you rely only on Eytan's complaints here, and I suggest OP reference the MEDIA ONLY thread to come up to speed on what's actually fact.

It's unfortunate but there's the truth and Eytan's truth, and seldom are they similar. MOO

 

[MyBelle]

Yes, it took 5 months from BM's arrest for the 3-day preliminary hearing to conclude and additional arguments heard before the Court ruled on probable cause (for the case to be bound for trial), and proof evident (for whether or not BM was eligible for bail), and BM was held in jail until the proof evident decision by the Court.

However, to be clear, Eytan herself was also responsible for the time BM stayed in jail. For example, after the court ruled on probable cause, she had to argue against the Court's decision because there was no body!

IMO, you are truly doing yourself an injustice if you rely only on Eytan's complaints here, and I suggest OP reference the MEDIA ONLY thread to come up to speed on what's actually fact.

It's unfortunate but there's the truth and Eytan's truth, and seldom are they similar. MOO

I think you are spot on!

 

[Seattle1]

I think you are spot on!

I've not read the 80+ page complaint by Eytan filed with OARC yet, and I'm dreading it.

@mrjitty -- your Cliff Notes, please?!!

 

[kittythehare]

Can the Prosecution refile this case and have BM indicted by a Grand Jury? Even though her body hasn't been found, I have no problem believing BM is guilty.

i wonder ?
Sounds like a plan!
Not sure of the mechanism required to bring this about..
anybody know?
hopefully by then Disappointing Iris will have been disbarred for unprofessional behaviour and malpractice.

 

[mrjitty]

I've not read the 80+ page complaint by Eytan filed with OARC yet, and I'm dreading it.

@mrjitty -- your Cliff Notes, please?!!

Phew!

At a glance it seems to be based on the usual false claims where she pretends all the evidence against Barry didn't exist and the finding of a case to answer at the prelim never happened.

Instead of abiding by their special prosecutorial ethical obligations to protect the presumption of innocence and to preserve and enhance the integrity and high standards of the bar, these prosecutors exhibited untrustworthiness and pursued a political agenda of locking up Mr. Morphew in response to a media frenzy that the prosecutors themselves helped create and perpetuate.

This is especially absurd.

Ultimately, on April 19, 2022, nine days before the 1000 summoned jurors were set to appear for jury selection and commencement of trial, the prosecution admitted they could not prove their claims and dismissed the case without prejudice. Linda Stanley could not reveal that the case was dismissed due to the lack of evidence, or the sanctions imposed from their misconduct debilitating the DA’s from putting on a case.

It seems this claim is more written for a media audience or whatever her personal agenda is

 

[kittythehare]

Phew!

At a glance it seems to be based on the usual false claims where she pretends all the evidence against Barry didn't exist and the finding of a case to answer at the prelim never happened.



This is especially absurd.



It seems this claim is more written for a media audience or whatever her personal agenda is

omg

 

[mrjitty]

@Seattle1

Something that IE continuously does is claim that when she receives an expert report, in this case the FBI cell analyst report that she should also receive 'the "underlying data" and be allowed to speak directly to the expert. I know you have raised this. As I understand it e.g with the telematics - the prosecution need only provide the data dump? I was not aware they need to provide some extra data beyond that? Let alone that IE should be allowed to speak to the witness?

[note to mods - this is the OARC complaint PDF - i assume i don't need to link it every time]

One motion for sanctions that was going to be raised and filed on April 19, 2022 related to the cell phone data recovered from Suzanne Morphew’s missing cell phone. Two weeks after the March 10, 2022, order sanctioning the prosecution for its pattern of discovery violations – excluding many of its experts for failure to disclose their expert’s opinions, reports, and summaries, including its Cell Phone Data expert - and after a March 28, 2022 Shreck12 hearing on the prosecution’s remaining experts where additional discovery violations were discovered, the DA produced a new report from their FBI cell data expert (“CAST” report). This new report was provided to the defense on March 31, 2022.13 It included new exculpatory, favorable, and Brady information,14 including information indicating Suzanne Morphew’s missing phone was initiating and receiving calls after the time that the prosecution theorized she was murdered. However, this expert CAST report disclosed on March 31, 2022 did not include the supporting data or analysis by the prosecution’s expert, importantly the phone numbers that were dialed and/or the names of the people who originated or received these phone calls. We tried to contact the CAST expert numerous times to obtain this information but did not receive any response. We believe the DA’s intentionally withheld the underlying data from the defense. We further believe that DA Hurlbert intentionally obstructed the defense’ ability to talk about the data with their FBI CAST expert.

 

[mrjitty]

The most jaw dropping stuff is the zoom interview between IE and Cahill

For starters, I have no idea why the defence is interviewing a key witness outside of court or why Cahill agreed to this?

 

[mrjitty]

And she is still mad about those chipmunks

Now if you check the AA for the exact conversation you can see IE absolutely misrepresents BMs statements. He did not say he didn't know why, or that he might have been shooting - he said that he did shoot chipmunks that day.

This is what is so dishonest. Yes it is possible that the phone could have been stationary. But the point is the defendant himself confirmed the data was accurate. This is the whole point of corroboration. The defendant himself told us which of two possible interpretations of the data was correct.

This is then held up as a great injustice.

If IE wants to argue her client was lying, then that she needs to call her client to testify to that. She cannot do it for him.

OARC complaint

On one of these occasions, Mr. Morphew was asked why his phone was moving rapidly around and through the house. Mr. Morphew said he didn’t know why but that, if that was true, he might have been shooting chipmunks with his chipmunk gun as he often did.

 

[Momofthreeboys]

She obviously has some kind of agenda of influencing public opinion.

Wasn't Eytan the attorney for Krystal Kenney, who helped Patrick Frazee clean the murder scene and burn Kelsey's body? That was a very high-profile investigation and trial.

And then a couple of months after the verdict, SM disappeared in Colorado and has never been found? I'm not a big believer in coincidences.

IE’s former partner Dru was Krystal’s attorney.

 

[mrjitty]

The one frustrating nugget in the complaint is the FBI analyst report contains info on the activity on SMs phone on Saturday.

IE gives the impression there was outbound activity. We know there was likely inbound because the phone was on until the 3am hour, but for instance, messages were not checked.

Hard to know if there is anything new here. Law enforcement, including FBI had SMs phone data (such as they could get from the cloud etc) for a year before he was arrested so one supposes the main work was done for the prelim. Indeed in the final filing from the DA about the sanctions, the DA stated that the expert phone report was basically the same as was already presented at the prelim. That makes sense to me. They did the work to make the arrest.

IE is trying to pretend this is exculpatory evidence that is proof of life after the time prosecution say SM was incapacitated.

Of course we know who had SMs phone.

 

[Megnut]

The one frustrating nugget in the complaint is the FBI analyst report contains info on the activity on SMs phone on Saturday.

IE gives the impression there was outbound activity. We know there was likely inbound because the phone was on until the 3am hour, but for instance, messages were not checked.

Hard to know if there is anything new here. Law enforcement, including FBI had SMs phone data (such as they could get from the cloud etc) for a year before he was arrested so one supposes the main work was done for the prelim. Indeed in the final filing from the DA about the sanctions, the DA stated that the expert phone report was basically the same as was already presented at the prelim. That makes sense to me. They did the work to make the arrest.

IE is trying to pretend this is exculpatory evidence that is proof of life after the time prosecution say SM was incapacitated.

Of course we know who had SMs phone.

Do we know the nature of that activity? Certainly BM could have been manipulating her phone but it could've been a scheduled function. I'm sound asleep when my phone uploads my photos to the Cloud. Very active phone, I'm not touching it.

IE is the queen of misrepresentation, it would seem.

Where is the justice?

 

[Momofthreeboys]

Do we know the nature of that activity? Certainly BM could have been manipulating her phone but it could've been a scheduled function. I'm sound asleep when my phone uploads my photos to the Cloud. Very active phone, I'm not touching it.

IE is the queen of misrepresentation, it would seem.

Where is the justice?

The whole system is justice…a rigorous prosecution and a rigorous defense. Getting upset with IE and others who have reported LS leadership deficiencies is rigor on the system. I appreciate that it is a tough pill to swallow for those that bought the AA including the inadmissible information. I am not one that thinks there will never be charges in the future but am not expecting anything quickly until prosecution can tighten up their case.

 

[kittythehare]

The whole system is justice…a rigorous prosecution and a rigorous defense. Getting upset with IE and others who have reported LS leadership deficiencies is rigor on the system. I appreciate that it is a tough pill to swallow for those that bought the AA including the inadmissible information. I am not one that thinks there will never be charges in the future but am not expecting anything quickly until prosecution can tighten up their case.

YEOWL!
I have zero problem accepting the AA.

We have already discussed DV and many of us claim it should not only be admissible but is actually intrinsic to the essence of this case.

Recall LS only took up office in 2021 against stiff competition which left grudge holders.

This is no more than the hysterical ramblings of a strange , desperate and #disappointing cult who have zero respect for victims.

https://kdvr.com/wp-content/uploads/sites/11/2023/04/2023-03-29-Morphew-OARC-RFI.pdf

IMO

I think the supreme Court will need to speak on this egregious nonsense eventually.

 

[Momofthreeboys]

YEOWL!
I have zero problem accepting the AA.

We have already discussed DV and many of us claim it should not only be admissible but is actually intrinsic to the essence of this case.

Recall LS only took up office in 2021 against stiff competition which left grudge holders.

This is no more than the hysterical ramblings of a strange , desperate and #disappointing cult who have zero respect for victims.

https://kdvr.com/wp-content/uploads/sites/11/2023/04/2023-03-29-Morphew-OARC-RFI.pdf

IMO

I think the supreme Court will need to speak on this egregious nonsense eventually.

I actually think Barry as bully would be a losing prosecution tactic but I am aware that there is a faction of people that think that is the way forward.

 

[kittythehare]

I actually think Barry as bully would be a losing prosecution tactic but I am aware that there is a faction of people that think that is the way forward.

Faction?
Do you believe Barry is innocent?
Do you believe Suzanne is dead?
I'm trying to understand so we can have this conversation.

Those cops worked damn hard following her departure, they did everything they could to find her.
They knew because they are there and they saw it first hand.

 

[Momofthreeboys]

Faction?
Do you believe Barry is innocent?
Do you believe Suzanne is dead?
I'm trying to understand so we can have this conversation.

Those cops worked damn hard following her departure, they did everything they could to find her.
They knew because they are there and they saw it first hand.

Not up to me to determine Barry’s guilt or innocent. That is the justice systems job. He is without doubt a prime suspect. I have no idea if SM is deceased. I assume so but again there is very little evidence that she is deceased right now.