Thanks for the three Colorado citations of defendants charged with Murder-1 where bail was set by the Court.
I think it's also important to note, however, that the Court setting bail for a defendant charged with Murder-1 is not the same as implying a defendant with bail set will indeed be released from jail (i.e., none of the 3 defendants cited above actually made bail and were not released).
It's the
Colorado Constitution that provides that a defendant charged with Murder-1 shall not be given bail, and must remain in jail until the conclusion of their trial (released if acquitted of the charge),
except for when "proof evident" is not met by the state prosecutor.
In the cited cases and including Morphew's case, the court set bail because the exception for "proof evident" was not met during the preliminary hearing.
As explained by Judge Murphy during Morphew's hearing:
The standard of proof for “proof evident” is greater than probable cause, but less than what is required for a conviction. “It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy. “This is the same standard that courts use in Colorado to terminate parental rights.”
Citing court cases for decisions related to proof evident, he explained, “bail shall be denied when the circumstances disclosed indicate a fair likelihood that the defendant would be convicted at a trial with the highest standard – proof beyond a reasonable doubt … I find that the answer to that question is no. Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”
In this case, Judge Murphy went on to say,
"Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.”
Morphew was also an exception in that he had the ability to post $500K cash-only bail for his release.
A Chaffee County woman is missing after a neighbor said she went out for a bike ride Sunday and never returned Chaffee County woman missing since Sunday after neighbor said she went out for bike ride List of Case Players and Their Relationship to Discussion (Post #440) ————————————- MEDIA...
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