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

[MyBelle]

The heart of the issue for dismissing the case was not excluding evidence but banning the majority of the prosecution's expert witnesses as a sanction for alleged discovery violations.

However, what we know for fact is that Judge Lama accepted the defense's allegations of discovery violations as fact, and made his decision without considering the prosecution's response to the defense motion. This fact was buried in a footnote of the Court's Order! MOO

Wow! If they decide to refile the charges, do they have to have a Preliminary Hearing or can they get a Grand Jury Indictment so the defense can't continue to play her games?

 

[FromGermany1]

Do you have proof that BM's phone was stationary? Unless you do, your theory is bogus. The defendant offered that he was in motion shooting chipmunks and later voluntarily surrendered the "chipmunk gun" which I believe resulted in another charge for an illegal weapon. The evidence suppression hearings were said and done. MOO

Add source:

View attachment 416839

Quite halting, this conversation. Did BM mentally count his 85 chipmunks and get confused, because in his mind they jumped back and forth?

 

[MountainDad]

Doesn't matter if barry chased Suzanne-yet the evidence and his own words prove he was. He was at the house with Suzanne, gun in hand, and no one has seen or heard from Suzanne Morphew since that exact time. All the other evidence just makes it a slam dunk case, if it can make it to trial. Seems to be some political and honesty problems within the district.

 

[Seattle1]

I saw that lol. Does she also call that "egregious" - "deeply troubling" etc.. So much hyperoble in that doc that she wants people to take literally. She must love the uneducated. When she points the finger at the prosecution, three more fingers point back at her. JUST IMO

Eytan also takes the position that she's the judge and jury. Although two courts and two judges previously ruled the violations were NOT willful, she tells the OARC that they were!

And the document asserts that the DA’s office did all of this willingly.

“[T]he real threat to the public remains as long as they are able to continue the practice of law without any significant discipline,” the complaint says. “This is not a series of oopsies or mistakes; there were too many not to be intentional, willful, and/or a knowing pattern of discovery and ethical violations. These prosecutors still believe they have done nothing wrong. They will continue to violate their ethical obligations, harm other people, until and unless the [Office of Attorney Regulation Counsel] disciplines them.”

Barry Morphew wants the prosecutors who accused him of murdering his wife disbarred

"The real threat to the public remains as long as they are able to continue the practice of law without any significant discipline," the complaint says.

lawandcrime.com

 

[Megnut]

IIRC one of Iris' hissy fits was over the dog handler called out the night of the bike-ride-that-never-happened. So insignificant his finding, he didn't write a report. Dog essentially searched for a scent but found none.

IE cried foul, suggesting the prosecution was withholding exculpatory findings, having failed to turn over a report that didn't exist.

Ultimately IIRC that handler referred to his notes and testified to the court that his dog was unsuccessful in tracking Suzanne's scent. Not surprising since Suzanne was never there.

Wasn't a crime scene at all, just a staging-of-a-crime scene.

And let me point out, there was nothing to turn over! Even so, if anything, it supported the prosecution's case, in that there was no indication Suzanne was anywhere near her bike or went anywhere from it.

Nothing was exculpatory!

IMO IE did what IE does. She created something out of nothing, pretended it was significant when it was not (not unlike the random DNA in Suzanne's vehicle, a vehicle that had no connection to the crime at hand).

This isn't how that kind of (tracking) dog works but it's too bad he didn't just lie down on Barry's feet, like his pawed friend did in the Bobcat cab.

JMO

 

[Seattle1]

IIRC one of Iris' hissy fits was over the dog handler called out the night of the bike-ride-that-never-happened. So insignificant his finding, he didn't write a report. Dog essentially searched for a scent but found none.

IE cried foul, suggesting the prosecution was withholding exculpatory findings, having failed to turn over a report that didn't exist.

Ultimately IIRC that handler referred to his notes and testified to the court that his dog was unsuccessful in tracking Suzanne's scent. Not surprising since Suzanne was never there.

Wasn't a crime scene at all, just a staging-of-a-crime scene.

And let me point out, there was nothing to turn over! Even so, if anything, it supported the prosecution's case, in that there was no indication Suzanne was anywhere near her bike or went anywhere from it.

Nothing was exculpatory!

IMO IE did what IE does. She created something out of nothing, pretended it was significant when it was not (not unlike the random DNA in Suzanne's vehicle, a vehicle that had no connection to the crime at hand).

This isn't how that kind of (tracking) dog works but it's too bad he didn't just lie down on Barry's feet, like his pawed friend did in the Bobcat cab.

JMO

Yes -- there's a great YT recap by Lauren Scharff about this hearing where she's aghast at how both the defense and Lama interpreted the dog handler's testimony. IMO, I think she became very skeptical of how Lama was holding on to Eytan's every word when it was in direct contrast to what she heard in her reporter's ear. (I long said Lama wanted to be Eytan). MOO

 

[MassGuy]

Who was stalking whom? Suzanne purchased the spy pen. Most of the chatter about cameras in deer heads etc have not been shown to be proven that we know. This is just one more reason the whole DV thing is a weak argument in my opinion for prosecution even if the public has latched onto the speculation.

Lol. Barry actually admitted to psychological abuse though, so there’s that.

Evil, evil man.

 

[MyBelle]

Lol. Barry actually admitted to psychological abuse though, so there’s that.

Evil, evil man.

And in cases of domestic violence, psychological abuse usually precedes the physical abuse. Wife gets upset, abuser manages to gaslight her into believing she is to blame. Rinse, repeat until wife's support system persuades her to get out of the relationship. I think that is what happened here. No way did BM want SM to have a dime of her share of their assets. Evil man, indeed.

 

[10ofRods]

I thought a murder charge in Colorado prevents bail? Did Patrick Frazee get to post bond? This case reminds me so much of Kelsey Berreth's disappearance.

No, it doesn't. Right after Barry was arrested, there was a man who had killed his infant child and was released on bail for first degree murderer in that case.

Bail in a first degree murder case in CO.

And in that above case, it's first degree murder. Bond dropped from $1M to $500K. 7 week old victim.

2012 case in which man is given bond after killing his son in CO

Parents charged with murder in death of infant - bond set.

I will opine that all of the cases I can readily find involve child abuse/murder. Which is strange to me.

I will say that recent bonds set in CO murder cases (first and second degree) are confusing. I think it's the case that a Judge can decide this matter either way.

IMO.

 

[WingsOverTX]

Do you have proof that BM's phone was stationary? Unless you do, your theory is bogus. The defendant offered that he was in motion shooting chipmunks and later voluntarily surrendered the "chipmunk gun" which I believe resulted in another charge for an illegal weapon. The evidence suppression hearings were said and done. MOO

Add source:

View attachment 416839

"Mhhmhh, oh yeah." I rest my case, Your Honor.

IE would have BM dining on well-done chipmunk teriyaki burgers instead of peanut butter steaks if she could.

JMO

 

[Seattle1]

No, it doesn't. Right after Barry was arrested, there was a man who had killed his infant child and was released on bail for first degree murderer in that case.

Bail in a first degree murder case in CO.

And in that above case, it's first degree murder. Bond dropped from $1M to $500K. 7 week old victim.

2012 case in which man is given bond after killing his son in CO

Parents charged with murder in death of infant - bond set.

I will opine that all of the cases I can readily find involve child abuse/murder. Which is strange to me.

I will say that recent bonds set in CO murder cases (first and second degree) are confusing. I think it's the case that a Judge can decide this matter either way.

IMO.

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.

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

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...

www.websleuths.com

 

[10ofRods]

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.

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

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...

www.websleuths.com

Sounds like one enormous loophole, to me.

I find CO to be curiouser and curiouser as the years go by.

IMO.

 

[Megnut]

Would the judge have granted bail if the only options were Suzanne exiled herself (not likely, by the judges own assessment) or Barry did it?

SODDI was an egregious stretch. No sexual predator was ever near Suzanne's car, well unless you categorize Barry that way ("hot girls in Salida"), that whole thing was such a gross misrepresentation.

And once it was cleared up, IE continued to spew it in the court of public opinion. You'd think a professional code of ethics would preclude spouting off untruths...

But here we are.

I'm all for justice, but this ain't that.

Jmo

 

[Seattle1]

Bail in a first degree murder case in CO.

And in that above case, it's first degree murder. Bond dropped from $1M to $500K. 7 week old victim.

This was a terrible outcome. The teen dad broke the ribs of one baby and the twin brother died of shaken baby syndrome while under the dad's care.

He took a plea deal where he received a split sentence of 4 years in DOC and 8 yrs in Community Corrections. He served the 4-year prison sentence, and 3 days after he started his Community Corrections sentence, a Breathalyzer test revealed Bruckner had been drinking alcohol and he escaped from the center that same day. He was later arrested in Utah, returned to Colorado, and sent back to prison to serve out the remainder of the eight-year term. And then he wanted the 8 years reduced!

Canon child-abuse sentence upheld

TRACY HARMON The Pueblo Chieftain CANON CITY -- A man serving a child abuse sentence in connection with the 1995 death of a 2 1/2-month-old baby was denied relief from his sentence Thursday. …

www.chieftain.com

 

[mrjitty]

Exactly! I recall during the preliminary, I think it was Grusing testifying from a report produced by the FBI's phone forensic personnel using Cellbrite Standard (one of the best-known and widely used mobile device forensics tools for data extraction and analysis), and IE was determined to question Grusing using her own exhibit-- created by her expert using the equivalent of the software on steroids where many independent developers write applications that can be used in conjunction with the standard data extraction software. In other words, this was confirmation that IE had the data and was trying to manipulate good data to say what she wanted.

Grusing didn't flinch during the cross and was gracious -- citing something similar to how he drove his son's straight 4-engine from Denver and arrived timely for court-- adding how he didn't think there was a supercharger post in Salida for a Tesla. Grusing made his point!

Also, when Judge Murphy ruled to unseal and release the AA following the preliminary hearing, the defense also tried to get Judge Murphy to substitute a defense-prepared summary of the arrest affidavit and keep the original AA sealed! But I recall Murphy didn't even let Eytan finish! MOO

Right - I didn't know this, but it confirms what the prosecution said in their prayer for relief.

IE has had the cell data from the beginning. There is no other cell data. And she has had the expert FBI cell report since the prelim. You can see in this complaint doing the same old misdirection.

She admits she has the image, but then claims it is useless and there ought to be some other version of the data with everything structured for her, in a mysterious way that she doesn't explain.

I hope the DA puts resource into this. I don't particularly care what happens to Stanley as a political player, but it's absurd that the others are being smeared like this in their jobs.

 

[Seattle1]

Sounds like one enormous loophole, to me.

I find CO to be curiouser and curiouser as the years go by.

IMO.

Enormous loophole? I don't understand --Colorado's Constitution governing Eligibility/Bailable Offenses since 1876 pretty much mirrored the US Bill of Rights (Eighth Amendment) when adopted by the voters which provided that All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. Art. II, 32 Journals of the Continental Congress 334 (1787).

IMO, Colorado is lucky that bail reform has been slow and cautious. I think of states such as IL, NY, NJ, CA, and TN that are eliminating no cash bail and pretrial detention and it scares me to death!

https://constitution.congress.gov/browse/essay/amdt8-2-1/ALDE_00000960/#essay-17

 

[Smelly Squirrel]

Don't know if this has been posted, it's video of a press conference that IE held to talk about her complaint.

- YouTube

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.

www.youtube.com

Comes off like a tinfoil wearing crackpot to me. jmho

 

[Seattle1]

Right - I didn't know this, but it confirms what the prosecution said in their prayer for relief.

IE has had the cell data from the beginning. There is no other cell data. And she has had the expert FBI cell report since the prelim. You can see in this complaint doing the same old misdirection.

She admits she has the image, but then claims it is useless and there ought to be some other version of the data with everything structured for her, in a mysterious way that she doesn't explain.

I hope the DA puts resource into this. I don't particularly care what happens to Stanley as a political player, but it's absurd that the others are being smeared like this in their jobs.

I completely agree. Any elected DA already knows about the dirty politics they face when they run for the job but Eytan should be stopped from ruining the careers of state employees and civil servants just because she can and has the resources to spend on this. JMO

 

[Seattle1]

Don't know if this has been posted, it's video of a press conference that IE held to talk about her complaint.

- YouTube

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.

www.youtube.com

Comes off like a tinfoil wearing crackpot to me. jmho

I thought I was listening to another Letecia Stauch gaslighting video but it's BM's defense lawyer gaslighting the prosecution, media, and the public!

Shameful. She's filing a civil lawsuit.

This is all about money $$$ and IE's agenda. JMO

 

[Megnut]

Don't know if this has been posted, it's video of a press conference that IE held to talk about her complaint.

- YouTube

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.

www.youtube.com

Comes off like a tinfoil wearing crackpot to me. jmho

Talk about misdirection and misrepresentation.

Jmo