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

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But wasn’t the bulk of the civil case that defense asserts he was targeted to the exclusion of other potential suspects? Malicious prosecution? I still think the hope is a settlement and do think it could backfire and I do think if it isn’t settled he will plead the 5th if the defendants stray too close to issues that relate to anything that could be used in a criminal trial.

The problem is that Barry lying to investigators constantly then getting caught in those lies creates a material inference that he is guilty (on balance of probabilities).

If he is unable to explain why he lied, and what the truth is, that is a big problem

Look at the left turn - IE alleges Barry was unfairly tricked into this admission. But Barry himself says he did turn left. Will he now take the stand and say he didn't? Or will he confirm his original testimony? Or will he plead the 5th?

None of those results is good.
 

Sensitive documents in the Barry Morphew murder case showed that his wife was finished with their 25-year marriage and very much in love with another man.

Some of Suzanne Morphew’s communication with a high school flame has never been made public. They were revealed in a timeline which was filed March 25, 2022 and unsealed Tuesday evening.

[…]

On Nov. 27, 2018, in a timeline created by Grusing, Suzanne Morphew wrote that her husband sensed she was gaining strength and was uncomfortable with it. “Just not need his approval all the time is so freeing really I’ve really had to do my own soul searching Many things Ive [sic] done wrong overt [sic] the years and allowed to creep in Breaking the codependency for me is big.”

As the months went by, Grusing documented the 49-year-old mother of two’s growing need to get a divorce. On Aug. 25, 2019, she wrote “I feel no peace when he’s here. I don’t know what to do. I don’t feel safe around him. He’s lost my trust. He will do anything to come out looking good.”

[…]

In a text interview, Barry Morphew’s attorney, Iris Eytan, said that the judge’s ruling to release case documents came “out of the blue” and that Morphew “does not have the emotional or financial resources to continue this battle against the prosecutors’ misconduct.” She challenged the release on grounds that Morphew has already suffered for three years and is trying to get his life together.

[…]

Chaffee County Sheriff John Spezze, who is in charge of the Morphew case, told The Denver Gazette that “the case is ongoing” but legal observers say the longer a case goes, the more others pile up.

[…]

After three years of going unsolved, the Colorado Bureau of Investigation defines a case is "cold." The Morphew case clanked into its fourth year on May 11, but it is not listed on the Colorado Bureau of Investigation's cold case list.

Spokesperson Lisa Kohlbrenner explained that “CBI is working with Chaffee County on the narrative as we want to be sure it is appropriate to be shared with the public."
 
Amazing that the victim's own words are now somehow presented as prosecutorial misconduct

It's the rules of the Court that require release. Nothing to do with the prosecutor. Why is the defence counsel always lying?

In a text interview, Barry Morphew’s attorney, Iris Eytan, said that the judge’s ruling to release case documents came “out of the blue” and that Morphew “does not have the emotional or financial resources to continue this battle against the prosecutors’ misconduct.” She challenged the release on grounds that Morphew has already suffered for three years and is trying to get his life together.

Was it the prosecutor who said this?

I don’t feel safe around him. He’s lost my trust. He will do anything to come out looking good.”
 

Sensitive documents in the Barry Morphew murder case showed that his wife was finished with their 25-year marriage and very much in love with another man.

Some of Suzanne Morphew’s communication with a high school flame has never been made public. They were revealed in a timeline which was filed March 25, 2022 and unsealed Tuesday evening.

[…]

On Nov. 27, 2018, in a timeline created by Grusing, Suzanne Morphew wrote that her husband sensed she was gaining strength and was uncomfortable with it. “Just not need his approval all the time is so freeing really I’ve really had to do my own soul searching Many things Ive [sic] done wrong overt [sic] the years and allowed to creep in Breaking the codependency for me is big.”

As the months went by, Grusing documented the 49-year-old mother of two’s growing need to get a divorce. On Aug. 25, 2019, she wrote “I feel no peace when he’s here. I don’t know what to do. I don’t feel safe around him. He’s lost my trust. He will do anything to come out looking good.”

[…]

In a text interview, Barry Morphew’s attorney, Iris Eytan, said that the judge’s ruling to release case documents came “out of the blue” and that Morphew “does not have the emotional or financial resources to continue this battle against the prosecutors’ misconduct.” She challenged the release on grounds that Morphew has already suffered for three years and is trying to get his life together.

[…]

Chaffee County Sheriff John Spezze, who is in charge of the Morphew case, told The Denver Gazette that “the case is ongoing” but legal observers say the longer a case goes, the more others pile up.

[…]

After three years of going unsolved, the Colorado Bureau of Investigation defines a case is "cold." The Morphew case clanked into its fourth year on May 11, but it is not listed on the Colorado Bureau of Investigation's cold case list.

Spokesperson Lisa Kohlbrenner explained that “CBI is working with Chaffee County on the narrative as we want to be sure it is appropriate to be shared with the public."
BBM above
In a text interview, Barry Morphew’s attorney, Iris Eytan, said that the judge’s ruling to release case documents came “out of the blue” and that Morphew “does not have the emotional or financial resources to continue this battle against the prosecutors’ misconduct.”

Along with an attempt to of course spin (aka represent inaccurately) her loss "that came out of the blue", is Iris saying she is not going to pursue the civi suits? Saying Barry does not have the emotional or financial resources to battle against prosecutors misconduct ?
I know the above quote is just a snippet so I need to review the full article to understand.
IMO she has her client backed up into such a corner, I cannot imagine how she would put him on the stand with any hope of WINNING. And she definitely is not going forward anticipating a loss.
Unless I am missing something, I think this verdict is a game changer for those civil suits.
It appears that strategically Iris should have won the recent motions before she filed those suits not made them an after thought.
JMO
 
This is why I don't think Barry can go to trial. His depositions/testimony would be admissible in any subsequent criminal case. IMO it is beyond obviously Barry cannot testify in a criminal trial because he said way too many stupid things

So would he have to plead the 5th in his civil case?

I am fairly certain any competent defence attorney would advise him to plead the 5th

It's no wonder why BM has an army of civil rights litigators on his payroll!

In the matter of his civil suit, I'm hoping there will be strength in numbers here (i.e., 20+ defendants) where the Court will agree "a civil plaintiff has no absolute right to both his silence and his lawsuit."

And should BM insist, in the unfairness of permitting a plaintiff to bring suit, and then thwart the defendant's attempt to defend it, I say let BM suffer dismissal as a consequence.

Plaintiff as Deponent: Invoking the Fifth Amendment
 
Good Lord all these Defense Motions to try to keep out any and every piece of evidence should not surprise me, yet…

In this one they try to keep out the fact that BM listened to Forensic Files. And then say they could spin it to say that Suzanne listened to it and learned how to stage her own disappearance.


View attachment 431475View attachment 431476
Everything is irrevelant to this case. IE needs to win. Needs! I wonder how she feels left alone in a room or a building with him, and I wonder if she's ever thought about that. I believe he would kill again if threatened in any way, and I believe his closest family members think that way, too.

JMO
 
It's no wonder why BM has an army of civil rights litigators on his payroll!

In the matter of his civil suit, I'm hoping there will be strength in numbers here (i.e., 20+ defendants) where the Court will agree "a civil plaintiff has no absolute right to both his silence and his lawsuit."

And should BM insist, in the unfairness of permitting a plaintiff to bring suit, and then thwart the defendant's attempt to defend it, I say let BM suffer dismissal as a consequence.

Plaintiff as Deponent: Invoking the Fifth Amendment

This is interesting!

Just as a practical matter I have no idea how IE can hope to establish the facts she alleges, unless Barry actually answers the questions. e.g how were Barry's civil rights violated over the left turn, if he really did turn left? He has to argue he was tricked into a false admission. But how will IE produce any evidence that his admission was false? Only Barry can give that evidence. But if he says he didn't turn left, that will be a huge problem at any criminal trial.

So logically, if he pleads the 5th on that - that whole cause of action needs to be dismissed.

Same on the chipmunk hunt. If he pleads the 5th, then Barry's own statement is that the location data was correct. How will IE produce any evidence that Barry was lying? How were his rights violated if the data was correct? (which is why they asked him).

The FBI ought to be very excited for this to go to trial, no matter what Webex user names IE may have in her ammo stockpiles.
 
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11th Judicial Deputy District Attorney Mark Hulbert said in court Monday it 'could be a long time' until officials find Morphew. 'It could be quick, it could be long. It depends a lot on our investigation.'

But he added that investigators are convinced they know where her body is located, saying: 'She is in a very difficult spot.

'We actually have more than just a feeling... and the sheriff's office is continuing to look for Mrs. Morphew's body,' Hulbert said.
 

11th Judicial Deputy District Attorney Mark Hulbert said in court Monday it 'could be a long time' until officials find Morphew. 'It could be quick, it could be long. It depends a lot on our investigation.'

But he added that investigators are convinced they know where her body is located, saying: 'She is in a very difficult spot.

'We actually have more than just a feeling... and the sheriff's office is continuing to look for Mrs. Morphew's body,' Hulbert said.
Barry all but told Grusing she was in a mine, so there’s got to be an area with many openings near each other.
 
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