Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #107

[Mysti88c]

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)

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MEDIA, MAPS & TIMELINE *NO DISCUSSION*
Detailed timeline of events in the Morphew case:
CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA, MAPS &TIMELINE *NO DISCUSSION*
Arrest Affidavit
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Suzanne Morphew Case Archive (developed and maintained by WS member AmandaReckonwith)
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Hearing Notes (Compliments of @NoSI)
Preliminary:
Day 1


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Suzanne Morphew FB page
Suzanne Morphew Twitter page


Verified Experts/Professionals/Insiders posting in this thread:

10ofRods is a Verified Anthropologist
Angleterre is a Verified LE from England
riolove77 is a Verified Attorney (prosecutor)
Alethea is a Verified Attorney (defense)
otto is a Verified Expert
Chomsky is a Verified Attorney
angelainwi is a Certified Trauma Counselor
gitana1 is a Verified Attorney
Cassidy is a Verified Attorney
lamlawindy is a Verified Attorney (former Prosecutor, now Defence)
NatureLover (Verified friend of the Moorman family)

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[Seattle1]

As if that is surprise. It is so shockingly sad how messed up this whole thing was. I thought the AA was not good with all the inadmissible info they stuffed it with, but I just assumed prosecution would redeem themselves in the preliminary :-(

What specifically does OP think inadmissible about the probable cause arrest affidavit? Inadmissible where? This makes no sense. The document is not discovery. It will never be presented as evidence in court or seen by the jurors.

The AA is sworn statement which provides factual justification for why a judge should issue an arrest warrant.

If the judge is convinced by the affidavit that there is probable cause to believe a crime has been committed and that the defendant committed it, an arrest warrant is issued.

The fact that upon review of the AA, Judge Murphy issued and signed the ARREST WARRANT for execution and commanded Barry Morphew arrested without delay is proof the AA was valid, sufficient, and it fulfilled its purpose.

Please support your position. Thanks.

 

[Seattle1]

I wish they didn't mention looking for the body in the dismissal, because now most people assume they need to find the body before they can prosecute him. They can easily try him on the evidence have now.

If CCSO, CBI, and FBI, disclosed to the District Attorney's Office that they believed SM's body was located in a specific area under snowpack, IMO, the DA would be obligated to disclose this information to the Court as reason for the dismissal. In other words, I don't think they had a choice.

However, please take note that in addition to citing the remote area under snowpack near the former Morphew residence, the Peoples Motion also addressed the second reason for dismissal or the Court sanctions striking the prosecutions most critical expert witnesses:

Second, when this case was filed it was mainly premised on the Defendant’s motive to harm the victim, his sole access to the victim at the exact time she was last communicating with anyone by phone, and his consistent dishonesty with law enforcement, which came to light given the truck telematics, phone, and location data recovered.

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.

Without this crucial evidence, and without the victim’s body, the People cannot move forward at this time in good faith. 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.

ETA: Add link

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19%2008-49-34%20Motion%20to%20Dismiss%20Without%20Prejudice.pdf

 

[mrjitty]

It boggles my mind whenever it appears unclear here that this case was dismissed without prejudice because the sanctions by the court, striking the prosecutions expert witnesses, essentially dismissed the case for the State.

The prosecution requested the case dismissed (without prejudice) because requesting dismissal is a matter within the district attorney's sole discretion. This is the law. Take note the Defense need not consent, and does not have standing to object to the Peoples Motion to Dismiss Without Prejudice.

To be clear, Defense Motion to Dismiss Based on Presentation of False Testimony at Pretrial Hearings [D-64], as well as all its previous requests to dismiss the case were denied.

View attachment 428865
[..]
View attachment 428867

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19%2008-49-34%20Motion%20to%20Dismiss%20Without%20Prejudice.pdf

right.

There were no secret motions or conditions attached to the order. the judge was quite clear in his judgement why he was granting dismissal without prejudice.

 

[mrjitty]

Regarding being close to finding Suzanne's body.

However, at a later court hearing, Hurlbert told a judge that they were wrong about being close to finding the body, KUSA-TV reported in October.

Morphew lawyers accuse Fremont County DA of hiding evidence in wife's disappearance case

Barry Morphew's lawyers are asking for the prosecutors in his case to face punishment up to and including disbarment.

www.cpr.org

Yes but that does not mean they did not have a good faith belief at the time.

That statement was made 6 months later after they didn't find her i.e simply a factual statement

 

[mrjitty]

If CCSO, CBI, and FBI, disclosed to the District Attorney's Office that they believed SM's body was located in a specific area under snowpack, IMO, the DA would be obligated to disclose this information to the Court as reason for the dismissal. In other words, I don't think they had a choice.

However, please take note that in addition to citing the remote area under snowpack near the former Morphew residence, the Peoples Motion also addressed the second reason for dismissal or the Court sanctions striking the prosecutions most critical expert witnesses:

Second, when this case was filed it was mainly premised on the Defendant’s motive to harm the victim, his sole access to the victim at the exact time she was last communicating with anyone by phone, and his consistent dishonesty with law enforcement, which came to light given the truck telematics, phone, and location data recovered.

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.

Without this crucial evidence, and without the victim’s body, the People cannot move forward at this time in good faith. 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.

ETA: Add link

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19%2008-49-34%20Motion%20to%20Dismiss%20Without%20Prejudice.pdf

Again a very important point.

The judge fully considered the question of whether this might be an attempt to evade sanctions / judge shop.

It's clear the prosecution can bring the case again, whether or not SM is found.

The DA never promised to find her.

As usual, IEs claims were fully considered and the judge reached an adverse decision when he decided against a dismissal.

 

[mrjitty]

I doubt they will succeed. But I imagine the argument would be that the prosecutor has now violated Barry's constitutional right to a speedy trial. Once they filed charges, they had six months to bring him to trial. They dismissed the case just a few weeks before that deadline. Dismissing that close to trial for a defendant who hadn't waived their speedy trial rights can result in a dismissal with prejudice. Otherwise the right to a speedy trial becomes sort of meaningless. Prosecutors could always just dismiss right before trial and then refile later, essentially extending the deadline indefinitely.

But one of the things that can justify a dismissal without prejudice so close to a speedy trial deadline is a legitimate need to further investigate the case. Hence why the prosecution mentioned in their motion that they thought they were close to finding Suzanne's body. If they didn't actually have any reason to think they were close to finding Suzanne's body, then putting that in the motion could be a big problem.

But I highly doubt IE has any evidence they were lying. It's hard to imagine she wouldn't have included it in the civil suit if she had it. I can't imagine that the mere fact they haven't found her yet will be enough, but I guess we will see.

Right - she'd need actual evidence of bad faith, not merely failure to find SM.

The DA never promised to find her.

 

[Momofthreeboys]

She has been practicing a long time. She was named top female lawyer in Denver. Why be jealous of a small county prosecutor?

Agree I highly doubt she is "jealous" of LS. LS is a rookie who made a bunch of mistakes.

 

[Momofthreeboys]

What specifically does OP think inadmissible about the probable cause arrest affidavit? Inadmissible where? This makes no sense. The document is not discovery. It will never be presented as evidence in court or seen by the jurors.

The AA is sworn statement which provides factual justification for why a judge should issue an arrest warrant.

If the judge is convinced by the affidavit that there is probable cause to believe a crime has been committed and that the defendant committed it, an arrest warrant is issued.

The fact that upon review of the AA, Judge Murphy issued and signed the ARREST WARRANT for execution and commanded Barry Morphew arrested without delay is proof the AA was valid, sufficient, and it fulfilled its purpose.

Please support your position. Thanks.

View attachment 428891

I have no intention of going paragraph by paragraph through the AA to point out hearsay and characterization. It is a fact and talked about in this forum that Judge Murphy cautioned prosecution that there was information in the AA that was inadmissible. Hearsay and Characterization sprinkled through the document are just two of the general problems.. I don't feel like there is a "need" to defend that statement...it is well known.

 

[mrjitty]

Most of the AA is hearsay - it's a document where a single affiant is allowed to introduce hearsay evidence.

The AA is not evidence in the trial. In fact, it is not part of the trial.

 

[Momofthreeboys]

Most of the AA is hearsay - it's a document where a single affiant is allowed to introduce hearsay evidence.

The AA is not evidence in the trial. In fact, it is not part of the trial.

Agree, I think Judge Murphy's comment was more of advice for the prosecution going forward.

Judge Murphy: "The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases," the order states. "A significant portion of the information in the Affidavit was not relevant to the Court's finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence."

Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September

District Court Judge Patrick W. Murphy ruled on Friday to keep Barry Morphew's 130 page arrest affidavit sealed until at least September.

www.cbsnews.com

 

[mrjitty]

Agree, I think Judge Murphy's comment was more of advice for the prosecution going forward.

Judge Murphy: "The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases," the order states. "A significant portion of the information in the Affidavit was not relevant to the Court's finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence."

Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September

District Court Judge Patrick W. Murphy ruled on Friday to keep Barry Morphew's 130 page arrest affidavit sealed until at least September.

www.cbsnews.com

The context was public release of the AA. I am not sure where you are going with this.

Some of the hearsay is the statements of the daughters themselves, or that nexus, or SMs friends - some of which clearly was admissible, and was appropriately included. There is no need to protect the judge from evidence he may later rule inadmissible.

Judge Murphy ruled that releasing the affidavit could impede the defense's investigation and Barry Morphew's right to a fair trial. The order states that the affidavit contains inflammatory information that could be used to harass Barry and Suzanne's two daughters.

 

[mrjitty]

I still wonder what IE’s reasons are. She doesn’t need the notariety. I do not believe she could be pressured by BM. She already made a lot of money with this case. Could it possibly be she has fallen for BM?

I wouldn’t think hatred of LS would go this far, like some past grudge?

As far as the judges, I believe the case became tainted when everyone found out Suzanne was having an affair. A murder was still committed but I think the males and a lot of females (ie, his daughters) gave him a pass because she was unfaithful.

This was going to be her cornerstone case where she got a probably guilty man off in a trial with national attention.

The dismissal robbed her of her big achievement

IE is not stupid. Bodies frequently turn up and BM could easily end up back in the dock. She needs the case dismissed or win her landmark civil case before any of that happens.

 

[Megnut]

This was going to be her cornerstone case where she got a probably guilty man off in a trial with national attention.

The dismissal robbed her of her big achievement

IE is not stupid. Bodies frequently turn up and BM could easily end up back in the dock. She needs the case dismissed or win her landmark civil case before any of that happens.

Oh, I agree, flagship for her specialty career.

I think, however, it was her intent to keep it from ever going to trial. 11th hour motions to derail every hearing. A mountain of misrepresentations.

Barry's only chance for freedom IMO is on this side of trial and IE knows it.

JMO

 

[Love Never Fails]

This was going to be her cornerstone case where she got a probably guilty man off in a trial with national attention.

The dismissal robbed her of her big achievement

IE is not stupid. Bodies frequently turn up and BM could easily end up back in the dock. She needs the case dismissed or win her landmark civil case before any of that happens.

True but she had a similar case (forgot the name) back in 2019 that gave her huge notariety for getting a guilty man acquitted who killed his wife. Most of her defendants are men, and she has stated she is proud of that. She is crafty but there is more to this. She didn’t win this case because it was dismissed and maybe that eats at her.

 

[Love Never Fails]

Oh, I agree, flagship for her specialty career.

I think, however, it was her intent to keep it from ever going to trial. 11th hour motions to derail every hearing. A mountain of misrepresentations.

Barry's only chance for freedom IMO is on this side of trial and IE knows it.

JMO

In the back of mind I wonder if IE’s current filings are because there are rumbles of LS bringing charges once again and IE decided to head this off. Or maybe she wants force LS to bring this to trial when she isn’t ready.

I also wonder WHY LS has not brought charges against BM without a body? Is she waiting for new judges to be appointed or elected somehow?

Truth is, a judge just obliterated her case by not allowing witnesses. It’s as if the judge personally had a relationship with BM or his attorneys or as I said earlier, wanted him to go free because Suzanne had an affair.

Is there corruption in this small county?
I just can’t give everyone involved a pass or the benefit of the doubt anymore. The AA showed there is clear and convincing evidence and the judge agreed to bring it to trial. Witnesses were waiting.

 

[waldojabba]

I believe in Iris' eye's :
-she felt she did not get a WIN when she went against Linda Stanley
-she thought she could easily bury/barry that small town rookie DA and get her client ACQUITTED
-she got out foxed by LS at the last minute without seeing it coming ( Dismissal without prejudice)

Iris has ambitions. She was hopeful the case was her springboard to natural notoriety. She got notoriety but not as a winner. She came up short.

She is now on a crusade to show that she was always RIGHT - BM was never guilty of murder, LE railroaded her client, LS
withheld info etc. Her client is the victim and Iris wants to be the one to save the day. All hail Iris.

IMO She has put herself out there for a client that perhaps she has grown too close to. She has filed law suits on very shaky, perhaps even non existent legal grounds. Some smart women make foolish choices. We will see what the legal process has to say.

ALL JMO

 

[Momofthreeboys]

I believe in Iris' eye's :
-she felt she did not get a WIN when she went against Linda Stanley
-she thought she could easily bury/barry that small town rookie DA and get her client ACQUITTED
-she got out foxed by LS at the last minute without seeing it coming ( Dismissal without prejudice)

Iris has ambitions. She was hopeful the case was her springboard to natural notoriety. She got notoriety but not as a winner. She came up short.

She is now on a crusade to show that she was always RIGHT - BM was never guilty of murder, LE railroaded her client, LS
withheld info etc. Her client is the victim and Iris wants to be the one to save the day. All hail Iris.

IMO She has put herself out there for a client that perhaps she has grown too close to. She has filed law suits on very shaky, perhaps even non existent legal grounds. Some smart women make foolish choices. We will see what the legal process has to say.

ALL JMO

Maybe... I don't know many lawyers that like to lose. A few that will l"stew about it" for a long time if a trial doesn't go the way they want. Maybe one or two friends who don't take it personally and shrug it off but most of them don't like to lose. I agree the dismissal went into the loss column because it can be refiled. She also strikes me as a "never give up and fight to the end" type person.

 

[MassGuy]

Lol, I had ChatGPT, an AI program, write the following poem:

In the quiet hills, a tale unfolds,
Of Barry Morphew and a love he once held.
His wife, now lost, a mystery untold,
Leaving hearts shattered, memories unfold.

Their love once bloomed, like flowers in May,
Hand in hand, they walked life's winding way.
But shadows cast upon their happy home,
And now he grieves, standing there alone.

What happened that fateful day she disappeared?
Whispers echo, rumors abound, and fears.
Did tragedy strike, or secrets did hide,
In the heart of Barry Morphew's troubled mind?

The search commenced, with hope and despair,
A community united, hearts heavy with care.
Days turned to weeks, and weeks to years,
And still, no trace of her would reappear.

Oh, Barry Morphew, haunted by the past,
Your sorrow lingers, a pain that will last.
May truth prevail, and answers be found,
To bring solace to those left on uncertain ground.

Though darkness looms and questions persist,
May justice prevail, as truth can't resist.
And may healing come to those left behind,
As the story of Barry Morphew unwinds.

Please note that this poem is a work of fiction and should not be interpreted as an actual representation of real events or individuals.

 

[kittythehare]

Lol, I had ChatGPT, an AI program, write the following poem:

In the quiet hills, a tale unfolds,
Of Barry Morphew and a love he once held.
His wife, now lost, a mystery untold,
Leaving hearts shattered, memories unfold.

Their love once bloomed, like flowers in May,
Hand in hand, they walked life's winding way.
But shadows cast upon their happy home,
And now he grieves, standing there alone.

What happened that fateful day she disappeared?
Whispers echo, rumors abound, and fears.
Did tragedy strike, or secrets did hide,
In the heart of Barry Morphew's troubled mind?

The search commenced, with hope and despair,
A community united, hearts heavy with care.
Days turned to weeks, and weeks to years,
And still, no trace of her would reappear.

Oh, Barry Morphew, haunted by the past,
Your sorrow lingers, a pain that will last.
May truth prevail, and answers be found,
To bring solace to those left on uncertain ground.

Though darkness looms and questions persist,
May justice prevail, as truth can't resist.
And may healing come to those left behind,
As the story of Barry Morphew unwinds.

Please note that this poem is a work of fiction and should not be interpreted as an actual representation of real events or individuals.

make it do another one, please??
One that reflects our shared real thoughts?
won't be breaking no rules... not like a court of law.. geez see that lawyer that got caught citing cases that did not exist via chat gpt? He swore he wouldn't do it ever again...