Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #109

[Seattle1]

My initial thoughts after reading the judge's ruling gutting this case, "He must have it in for LS or he is friends with IE". I just can't make sense of it. MOO.

Lama wanted to be IE! It's a fact he'd issue Orders by cutting & pasting directly from the defense Motions -- word for word.

 

[kittythehare]

Missing multiple deadlines for submitting expert reports despite being warned they would get no more extensions? The expert testimony was essential to their case. I can see missing one deadline just because there's a lot going on. But when you get an extension, the judge warns you that there won't be another and you know those experts are essential to your case, then you don't miss the 2nd deadline. No judge is ever going to react well to an explicit 'last chance' deadline being missed. To me that's evidence of the team being in disarray in the run-up to the trial. And that's further supported by their choice to not appeal the sanctions on the expert testimony.

I disagree that it's evidence. We simply do not know.
There may well be very good reasons for 'expert' reports being late. Which 'expert' reports specifically are you referring to?

 

[10ofRods]

Lama wanted to be IE! It's a fact he'd issue Orders by cutting & pasting directly from the defense Motions -- word for word.

I loved your comment, because someone needed to say it.

IMO.

 

[susiQ]

Lama wanted to be IE! It's a fact he'd issue Orders by cutting & pasting directly from the defense Motions -- word for word.

It’s stuff like this that drives me crazy! Crazy mad!

Unlike some, I still believe this was a winnable case the first time around if it were not for the sanctions. I just have to believe there are people out there (potential jurors), that would have considered all the evidence and come to the same conclusion as most of us here. Barry’s own words convict him! All his whimpering does not erase the things he lied about.

I’m confident this will go to trial again and BM will finally go to his new home, not behind rocks but behind bars.

 

[O.Incandenza]

I disagree that it's evidence. We simply do not know.
There may well be very good reasons for 'expert' reports being late. Which 'expert' reports specifically are you referring to?

12 of their 14 experts were reportedly disqualified or forced to testify only as lay witnesses due to the 2nd deadline being missed.

 

[AugustWest]

In my opinion, the angst against the judge is misplaced. Colorado's criminal procedure code requires a judge to follow its guidelines when discovery violations occur. His hands were pretty much tied; the remedies for discovery violations are clearly spelled out in Rule 16 of the Colo Rules of Crim Pro.

See: Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator

 

[10ofRods]

Missing multiple deadlines for submitting expert reports despite being warned they would get no more extensions? The expert testimony was essential to their case. I can see missing one deadline just because there's a lot going on. But when you get an extension, the judge warns you that there won't be another and you know those experts are essential to your case, then you don't miss the 2nd deadline. No judge is ever going to react well to an explicit 'last chance' deadline being missed. To me that's evidence of the team being in disarray in the run-up to the trial. And that's further supported by their choice to not appeal the sanctions on the expert testimony.

I don't believe that's a good summary of the facts in this case. It was not the reports per se that were missing. It was the updated CV's of the experts (and that was probably due to...experts being busy people, etc. and, perhaps an inexperienced prosecutor who thought she could get those bona fides easier than it turned out to be).

What I've seen happen (in cases where experts were slow to respond) is that a good prosecutor will put together a simple CV for the expert (having hired them, after all, so using documents from the experts, already received) and send it to the expert with a note that says, "This is what we have for you, if we don't hear from you in X number of days, we're submitting this - you can update or amend it later."

OTOH, if Stanley sent things to experts without ascertaining they are actually...experts, that's a big problem. But my understanding is that these witnesses were actual experts and that Stanley and her staff somehow didn't realize it was on them (and not the expert, previously hired) to produce the bona fides/CV's.

Disarray? Not really. This is a small county with a small staff. Saguache, btw, is even smaller and has been in continual disarray (IMO) for the past three years or more. That's common in low population counties. CO needs to step in and help (as ID has done in the Moscow murders).

While it is true that "no judge is going to react well" to a last deadline being missed, I can't even count the number of times where the judge gave leeway in a major case, and, well, used a phone call to outline what needed to happen (throwing experts out for reasons like this...it's rare...if people can find more cases where this is has happened, I am trying to compile them). It was a big mess, IOW. If the judge had done what most judges I've observed have done, this would not have gone down exactly as it did.

IMO. IME.

 

[10ofRods]

In my opinion, the angst against the judge is misplaced. Colorado's criminal procedure code requires a judge to follow its guidelines when discovery violations occur. His hands were pretty much tied; the remedies for discovery violations are clearly spelled out in Rule 16 of the Colo Rules of Crim Pro.

See: Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator

I think he had a bit of leeway, but you're right - ultimately, he had to crack down on Stanley (who obviously filed too soon - but she was inexperienced). I've always assumed that the motion to dismiss without prejudice was likely the judge's suggestion to a rookie prosecutor.

He could have given more advice, I suppose, but Stanley could asked for help as well. It's still hard for me to believe that her experts didn't have online CV's (most seasoned prosecutors would not even think of hiring an expert whose credentials were not up online). That's what LinkedIn (etc) are for.

IMO.

 

[Love Never Fails]

@mrjitty and @MassGuy - IMO - body disposal was during daylight hours and a vehicle other than the truck was used. IMO the disposal was in daylight hours because I think there was less risk of being stopped, especially if there were any COVID restrictions on travel in place at the time (eg curfews).

IMO The truck activity in the early hours was the clean up operation (e.g. loading up the truck with incriminating evidence for disposal en-route or in Broomfield).

I don’t follow daylight hours. He could be stopped by anyone and suppose people were in the boneyard looking for a deceased relative? Not everyone adhered to Covid mandates.

 

[kittythehare]

12 of their 14 experts were reportedly disqualified or forced to testify only as lay witnesses due to the 2nd deadline being missed.

I'm aware of that but it's not what I asked you.
I asked you to specify which reports you claim were late.
Sorry if I was unclear.

The disqualification of expert testimony was an egregious decision and appears to be a new trend in Colorado justice systems.

The victim is effectively penalised.
But I digess.

 

[O.Incandenza]

I don't believe that's a good summary of the facts in this case. It was not the reports per se that were missing. It was the updated CV's of the experts (and that was probably due to...experts being busy people, etc. and, perhaps an inexperienced prosecutor who thought she could get those bona fides easier than it turned out to be).

What I've seen happen (in cases where experts were slow to respond) is that a good prosecutor will put together a simple CV for the expert (having hired them, after all, so using documents from the experts, already received) and send it to the expert with a note that says, "This is what we have for you, if we don't hear from you in X number of days, we're submitting this - you can update or amend it later."

OTOH, if Stanley sent things to experts without ascertaining they are actually...experts, that's a big problem. But my understanding is that these witnesses were actual experts and that Stanley and her staff somehow didn't realize it was on them (and not the expert, previously hired) to produce the bona fides/CV's.

Disarray? Not really. This is a small county with a small staff. Saguache, btw, is even smaller and has been in continual disarray (IMO) for the past three years or more. That's common in low population counties. CO needs to step in and help (as ID has done in the Moscow murders).

While it is true that "no judge is going to react well" to a last deadline being missed, I can't even count the number of times where the judge gave leeway in a major case, and, well, used a phone call to outline what needed to happen (throwing experts out for reasons like this...it's rare...if people can find more cases where this is has happened, I am trying to compile them). It was a big mess, IOW. If the judge had done what most judges I've observed have done, this would not have gone down exactly as it did.

IMO. IME.

I don't believe that's correct.

Here's the quote from the judge's order that we do have: "the Court prohibited the People from calling those experts whose reports and opinions were not turned over to the defense by the February 28, 2022 deadline."

 

[10ofRods]

I don’t follow daylight hours. He could be stopped by anyone and suppose people were in the boneyard looking for a deceased relative? Not everyone adhered to Covid mandates.

Especially in that part of the world where, I believe, there were no such restrictions in the first place. All one has to do is look at the number of churches, associations, businesses, etc that were OPEN during COVID (during daylight hours or otherwise). Pizza buying. Camping trips. Spa store trips. Trips to the gym. Sure, online church was available - but people were ALSO meeting in person.

I don't think there was any enforcement of "no daytime travel" in CO (or even an attempt to institute such a policy).

There were no such mandates where I live, at any rate. We were asked to avoid "non-essential travel" and that's it. No one enforced it. My relatives in CO seemed to have even less incentive to stay home. There was work going on near that river where Barry was doing something with gravel, for gosh sakes. He went to a hotel. He got gas, etc. Businesses were open, ergo, people were driving to their jobs.

IMO.

 

[Lyanna]

The victim is effectively penalised.

Respectfully snipped by me

Absolutely 100% agree, Suzanne has been penalised and silenced over and over during the last 3.5 years.
Robbed of her voice for too long alive, robbed of her voice in her murder.

It's about time she was listened to, she had a lot to say.

moo

 

[O.Incandenza]

I'm aware of that but it's not what I asked you.
I asked you to specify which reports you claim were late.
Sorry if I was unclear.

The disqualification of expert testimony was an egregious decision and appears to be a new trend in Colorado justice systems.

The victim is effectively penalised.
But I digess.

I guess I don't really understand the question. 12 of 14 experts were reportedly prevented from testifying as experts because their reports were not disclosed by the 2nd deadline. So the reports for those 12 experts.

 

[Hilt]

I may need assistance climbing out of this rabbit hole, but ---

Mr. Morphew claimed his search for the dead turkey was the explanation for why he was creeping up to the marital home on foot the day of Suzanne’s last known communication.

According to a presumably authoritative source, (https://www.turkeymanagement.com/turkey-species/#:~:text=This%20turkey's%20habitats%20are%20brush,to%206%2C000%20feet%20in%20elevation.):

There are six sub-species of wild turkey in Central and North America. The Rio Grande turkey ranges through Texas to Oklahoma, Kansas, New Mexico, Colorado, Oregon, and central and western California, as well as parts of a few northeastern states where they have been stocked. This is only turkey subspecies to be found at elevations up to 6,000 feet in elevation.

The elevation east of 19057 Puma Path, where the deceased turkey was being sought on the probable day of the murder – 8760 ft. One wonders what the turkey was doing 2760 feet above its reported range early in the season, when it presumably would have been at lower (warmer) elevations with far greater foraging opportunities.

I wonder, (1), how well Mr. Morphew’s claim was checked out, and (2) is this potentially another convenient, off-the-cuff lie that might be disprovable.

I am reporting from yet another Hare Hole----

The incongruousness of Mr. Morphew’s claim he was looking for a turkey carcass (shot at least 5 days earlier, quite possibly still earlier) when he crept up on foot to their house on the day of Suzanne’s last communication was challenged in the post above (#724). But all is not as it seemed.

Published information cited in the post indicated the maximum elevation range for wild turkeys in the United States was 6000 feet (Morphew home is at 8760 feet). However, hunting web sites (HuntScore: Turkey Hunting in Colorado's Chaffee) shows the approximate wild turkey hunting area in Chaffee County includes elevations well above 7000 ft. The area outlined in white on the map below is the turkey hunting area, the area in blue is the County boundary. This figure, which is no doubt a crude approximation, nonetheless shows the far estimated edge of the turkey hunting area is near the former Morphew.

So, the takeaway is simply that his story can’t be dismissed on the turkey range information, but as pointed out elsewhere, it makes little sense to look for a carcass more than five days old since it will have been scavenged and even if found, unsuitable for taxidermy or other purposes. Additionally, turkeys wouldn’t be expected at the upper limit of their range early in the year. In any event, the turkey range information by itself does not appear to have much evidentiary value.

However, it still makes little sense that he had a reason to look for old turkey remains, much less that the search occurred mere hours before his wife’s disappearance.

I submit it makes much more sense that he was creeping up to his own home in order to try and catch his wife sexting with her boyfriend.

 

[kittythehare]

Respectfully snipped by me

Absolutely 100% agree, Suzanne has been penalised and silenced over and over during the last 3.5 years.
Robbed of her voice for too long alive, robbed of her voice in her murder.

It's about time she was listened to, she had a lot to say.

moo

She has more to say.
Jeff might actually step up when he is called to testify.
We can hope..
Also, all we saw was the AA, not the entire case by a very long shot.

 

[GoJacks]

Especially in that part of the world where, I believe, there were no such restrictions in the first place. All one has to do is look at the number of churches, associations, businesses, etc that were OPEN during COVID (during daylight hours or otherwise). Pizza buying. Camping trips. Spa store trips. Trips to the gym. Sure, online church was available - but people were ALSO meeting in person.

I don't think there was any enforcement of "no daytime travel" in CO (or even an attempt to institute such a policy).

There were no such mandates where I live, at any rate. We were asked to avoid "non-essential travel" and that's it. No one enforced it. My relatives in CO seemed to have even less incentive to stay home. There was work going on near that river where Barry was doing something with gravel, for gosh sakes. He went to a hotel. He got gas, etc. Businesses were open, ergo, people were driving to their jobs.

IMO.

COVID or not, I'm not too sure that area would be booming with traffic. Think he could go unnoticed there most days of the week, IMO.

Edit to say: that's not to say I think he did it during the day time. Just don't think Moffat is too busy regardless of pandemics

 

[Love Never Fails]

My initial thoughts after reading the judge's ruling gutting this case, "He must have it in for LS or he is friends with IE". I just can't make sense of it. MOO.
Both. It’s likely political too.

 

[AugustWest]

Respectfully snipped by me

Absolutely 100% agree, Suzanne has been penalised and silenced over and over during the last 3.5 years.
Robbed of her voice for too long alive, robbed of her voice in her murder.

It's about time she was listened to, she had a lot to say.

moo

The court, unlike us mere plebes at Websleuths, must look at BM as an innocent party though. Why would a court penalize the party who is following Colorado's discovery procedure and not the one who was disregarding it?

IMO, the D.A. caused this problem, not a judge.

 

[10ofRods]

I don't believe that's correct.

Here's the quote from the judge's order that we do have: "the Court prohibited the People from calling those experts whose reports and opinions were not turned over to the defense by the February 28, 2022 deadline."

So, it wasn't an issue of whether they were experts or not? So the judge basically directly sanctioned the experts for being late with their reports and reclassified them as...lay persons?

Still have never heard of this. It's bizarre. Usually experts are treated in a certain way. Of course, it might not have been the experts' fault (it truly could be Stanley's fault - the experts had submitted reports and she didn't turn them over).

If it's in fact the case that Stanley did not have possession of those expert reports, then she was basically lying to the court and deserved the sanction. But it's still a really bizarre sanction (to de-expert the experts due to the fault of a DA). It's almost as if the judge wanted to make sure that none of the experts would ever consent to work for Chaffee County again, which is not in the interests of justice.

It's my understanding that judges have the ability to re-calendar almost anything, but then, most of my work is in another state. Still, looking at Denver, Boulder and CoSprings cases, I'd say that the judges are constantly allowing things to be rescheduled (for both sides). Barry did have a right to a speedy trial - and every one of the judge's statements about the experts should have referenced that. Maybe it's just poor judicial writing on the part of the judge (or illness or inexperience).

At any rate, it was dismissed without prejudice (which may have been the judge's overall goal, seeing what inexperience and disarray was happening with the Chaffee County prosecutor).

I fear that the Saguache County situation may not be much better and I am hoping that the State of Colorado will chip in to help. I wish I felt optimistic about that. I can understand if the judge simply threw his hands up and read the prosecution the riot act (but he didn't have to).

IMO.