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

[crhedBngr]

Does anyone know where he is living?

Colorado still?

Because if he went back to Indiana, expecting to be the "popular town jock" that he (supposedly) once was, he's got another wishful think coming.

JMVHO.

 

[Seattle1]

U.S. District Court - District of Colorado​

District of Colorado (Denver)​

CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​

Morphew v. Chaffee County et al Assigned to: Judge Daniel D. Domenico Referred to: Magistrate Judge S. Kato Crews Demand: $15,000,000 Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

​

05/05/2023	5​	MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#4] is August 15, 2023. by Magistrate Judge Kristen L. Mix on 5/5/2023. Text Only Entry (klmlc2, ) (Entered: 05/05/2023) [8-15-23 Consent was not unanimous].
05/05/2023	6​	ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on May 5, 2023. Proposed Scheduling Order due 8/22/2023 Scheduling Conference set for 8/29/2023 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Instructions for Preparation of Scheduling Order, # 2 Proposed Order (PDF Only)) (csarr, ) (Entered: 05/05/2023)

​

[..]
08/14/2023	49​	Unopposed MOTION for Extension of Time to Extend the Deadline to Submit a Proposed Scheduling Order and Reset the Court's Scheduling Conference by Plaintiff Barry Morphew. (Fisher-Byrialsen, Jane) (Entered: 08/14/2023)

​

[..]
08/22/2023	73​	MINUTE ORDER. Given the reassignment of this case to District Judge Domenico and Magistrate Judge Crews, IT IS HEREBY ORDERED that the Scheduling Conference set for August 29, 2023, before Magistrate Judge Starnella and the August 22, 2023 deadline to file a Proposed Scheduling Order are VACATED. by Magistrate Judge Kathryn A. Starnella on 8/22/2023. Text Only Entry (kaslc2, ) (Entered: 08/22/2023)

@Niner -- the dates previously scheduled have been vacated per Docket entry #73 after Judge changes and Judge recusal for the case.

Also, various defendants have filed unopposed motions to extend the time for filing answers to BM's civil complaint with dates ranging from Sept 29 to Oct 6, 2023, based on the date each defendant was served. IMO, the Court will likely set one uniform extension date to file answers but no Order by the Court has been filed as of this date.

See MEDIA ONLY thread for the complete docket update-- more than 60 new docket entries.

ETA: Link to Judge Daniel D. Domenico's Calendar:

Calendars

 

[Niner]

Thanks for the info @Seattle1 ! I shall correct my notes.

 

[mrjitty]

It would be so funny if this trial went ahead, then the day after BM's depositions, they found the victim.

 

[sassyblue]

It would be so funny if this trial went ahead, then the day after BM's depositions, they found the victim.

From your mouth to God's ears hopefully!

 

[Megnut]

It would be so funny if this trial went ahead, then the day after BM's depositions, they found the victim.

From your mouth to God's ears hopefully!

It's almost like there's a conspiracy of NOISE to drown out the voice of Suzanne, whispering from the mountains.

It's loud indeed but it's saying nothing.

JMO

 

[charminglane]

It's almost like there's a conspiracy of NOISE to drown out the voice of Suzanne, whispering from the mountains.

It's loud indeed but it's saying nothing.

JMO

As long as WE can hear it...

 

[Seattle1]

It would be so funny if this trial went ahead, then the day after BM's depositions, they found the victim.

Looking over the updated docket, I've not changed my mind that the case by Civil Rights law firm, Fisher & Byrialsen, PLLC, is an opportunistic money grab attempt for both BM and the firm-- relying on the general practice of state and federal government defendants making out-of-court settlements (versus trying the facts in open court).

Clearly, the firm must be using their junior interns here given they are now two for two with their initial filings being rejected by the Court for NONCOMPLIANCE WITH COURT RULES/PROCEDURES:

The first Advisory by the Court was after the plaintiff's attorney used an incorrect signature format on the initial Complaint, a violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases); and second, the plaintiff submitted 23 Summons for issuance by the Clerk using the incorrect Caption-- the most elementary Court procedure. (Reference docket entries 2 and 12).

And never mind the plaintiff and his counsel are seeking $15M.

Forms | US District Court of Colorado

https://www.uscourts.gov/sites/default/files/federal_rules_of_civil_procedure_december_1_2022_0.pdf

 

[mrjitty]

Looking over the updated docket, I've not changed my mind that the case by Civil Rights law firm, Fisher & Byrialsen, PLLC, is an opportunistic money grab attempt for both BM and the firm-- relying on the general practice of state and federal government defendants making out-of-court settlements (versus trying the facts in open court).

Clearly, the firm must be using their junior interns here given they are now two for two with their initial filings being rejected by the Court for NONCOMPLIANCE WITH COURT RULES/PROCEDURES:

The first Advisory by the Court was after the plaintiff's attorney used an incorrect signature format on the initial Complaint, a violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases); and second, the plaintiff submitted 23 Summons for issuance by the Clerk using the incorrect Caption-- the most elementary Court procedure. (Reference docket entries 2 and 12).

And never mind the plaintiff and his counsel are seeking $15M.

Forms | US District Court of Colorado

https://www.uscourts.gov/sites/default/files/federal_rules_of_civil_procedure_december_1_2022_0.pdf

I suspect you are correct.

Interestingly I just listened to some expert analysis on the Meadows case where yesterday just testified in a civil application in relation to his criminal indictment. Obviously not wanting to open that can of worms here, but what was fascinating is the former DOJ prosecutor ran over the huge downsides of this kind of testimony.

It almost certainly can be used against him in the criminal case, which runs the risk of admissions or getting caught in a perjury trap. So why do it? Likely the main reason is no one else can testify to the critical facts, and maybe he planned to testify at trial no matter what.

I immediately thought of Barry. He obviously has to testify here as no one else can speak to the claims IE makes. Does this mean he intended to testify the same way in his trial? Or does it mean he never expects to testify?

I think you are right - they will never go to court with this, or close to it.

e.g Attorney for Grusing would have an absolute field day with Barry, asking him all the questions he didn't have to answer or avoided in the Grusing interview. What would Barry do? Plead the 5th?

e.g to my mind, for Barry to now testify that he didn't turn left and it was all because the FBI were mean to him would be disastrous. Yet IE's pleading requires he do this.

 

[Niner]

@Seattle1 - just checking if there are any updates in the court site - last one I have is #79 thru 8/25/23.

TIA!

 

[Seattle1]

@Seattle1 - just checking if there are any updates in the court site - last one I have is #79 thru 8/25/23.

TIA!

No updates since the docket was posted where the two dates on the Court calendar were vacated:

08/22/2023

73​

MINUTE ORDER. Given the reassignment of this case to District Judge Domenico and Magistrate Judge Crews, IT IS HEREBY ORDERED that the Scheduling Conference set for August 29, 2023, before Magistrate Judge Starnella and the August 22, 2023 deadline to file a Proposed Scheduling Order are VACATED. by Magistrate Judge Kathryn A. Starnella on 8/22/2023. Text Only Entry (kaslc2, ) (Entered: 08/22/2023)

Also, please find the link to the Court's calendar for your convenience:

ETA: Link to Judge Daniel D. Domenico's Calendar:

Calendars

 

[Niner]

No updates since the docket was posted where the two dates on the Court calendar were vacated:


Also, please find the link to the Court's calendar for your convenience:

Thanks for the link - I shall bookmark this!

 

[arielilane]

Does anyone know where he is living?

Colorado still?

Because if he went back to Indiana, expecting to be the "popular town jock" that he (supposedly) once was, he's got another wishful think coming.

JMVHO.

Iirc, isn't he in IN? Thought there was a hearing scheduled yesterday concerning IN lawsuit, but maybe it got canceled? moo

 

[Seattle1]

I don't think BM will venture very far from his daughters -- especially when he's seeking $15M from Colorado officials. Any news asserting he's left CO permanently is likely hype from IE to support her allegations of her poor, persecuted client.

Appearances for his lawsuit in Hamilton County, IN by the purchasers of his former residence in IN have all been by counsel and the summons/subpoena for BM had to be tacked on the door per court records (Complaint For Ejectment, To Quiet Title And For Damages For Fraud And Trespass).

09/11/2023

Notice Issued to Parties Parties appear by counsel for a hearing on the Motion to Dismiss. Parties given until September 25, 2023 to file a supplemental response. The Court will then take matters under advisement at that time. SO ORDERED. /s/ Hon. Jonathan M. Brown

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[kittythehare]

“I don’t know yet if someone from the office is going to run, people in the office knew that I wasn’t going to,” she said during a budget meeting Monday with commissioners from all four counties in the 11th JD. “Hopefully, somebody will decide to, but obviously, that announcement will have to come in February/March-ish.”

Stanley said when she took office, she did not have access to anything on computers and there were no budgets or financial records.

The DA’s Office currently has 39 employees throughout the district. Three people were laid off in February, but one recently was brought back part-time.

The DA’s Office has an opening for a charging attorney and appellate attorney.

“The charging attorney is going to be specifically for felony cases in Fremont County,” Stanley said. “…Having somebody take that off of the plate of the felony attorneys will help them be able to concentrate a little bit more on their heavy docket load.”

District Attorney Linda Stanley says she will not seek re-election in 2024

The District Attorney for the 11th Judicial District said she will not seek re-election in 2024. Linda Stanley, who took office in January 2021, said she made the decision more than a year ago. &#8…

www.canoncitydailyrecord.com

 

[steeltowngirl]

The Fremont County DA’s office has had financial problems for years before LS took office.

From 2016:

District Attorney Thom LeDoux charged at the November 22nd public hearing on Fremont County’s 2017 proposed budget that it’s the Board of Commissioners responsibility to adequately fund the prosecutions in his office next year or face the reality that he will have to make cuts to service in the four county 11th Judicial District.

[…]

LeDoux added, “I'm telling you, without the proposed budget, it will not last. It has come to a breaking point, just like the sheriff was at the breaking point in 2013. The district attorney's office is at a severe breaking point, and we will be making cuts to services."

District Attorney Argues for 20% Budget Increase | Fremont County, Colorado

www.fremontco.com

 

[Kemug]

Is Barry still with what's-her-name?

 

[Ontario Mom]

Is Barry still with what's-her-name?

I can't even remember her name, but it always makes me wonder what's wrong with women who immediately flock to men who have either been convicted of murdering their wife, or the prime suspect in his wife's murder/disappearance.

I mean, if there were a universal owner's manual on what to look for in a partner you'd have to assume
"killed his last partner" would be right at the top of the list of what to avoid. Right?

 

[SortaSleuthy]

Linda Stanley not running for re-election! Yea! The link …
District Attorney Linda Stanley says she will not seek re-election in 2024

Also: Colorado judge sanctions Fremont County District Attorney Linda Stanley for repeatedly violating court procedures

 

[waldojabba]

The Fremont County DA’s office has had financial problems for years before LS took office.

From 2016:

District Attorney Thom LeDoux charged at the November 22nd public hearing on Fremont County’s 2017 proposed budget that it’s the Board of Commissioners responsibility to adequately fund the prosecutions in his office next year or face the reality that he will have to make cuts to service in the four county 11th Judicial District.

[…]

LeDoux added, “I'm telling you, without the proposed budget, it will not last. It has come to a breaking point, just like the sheriff was at the breaking point in 2013. The district attorney's office is at a severe breaking point, and we will be making cuts to services."

District Attorney Argues for 20% Budget Increase | Fremont County, Colorado

www.fremontco.com

@steeltowngirl - thanks for posting this info to add much needed context to what is happening out that way financially in the 11th Judicial District. What a cluster. Kudos to LS for walking away. Enough is enough.
From the little I know, I cannot imagine a more stressful environment to work in. Whether she was competent or could have been effective in the position, I really don't know. I feel she was never really given a chance as I sense the "knives" were out for her from day one. IMO she is just not cut out for politics.
She will be better off out of office. The district will be better off too if they can elect someone who can work and execute effectively in what appears to be a totally dysfunctional understaffed and underfunded environment.
I would like to see someone run for that position,on a true "law and order" platform - making their first priority in office - bringing the killer of Suzanne Morphew to Justice. ALL JMO