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

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waldojabba said:
For those of us who have been here to watch this all unfold in real time, IMO there is no one in their heart of hearts that thinks this man did not kill his wife.

When LS arrested BM and she and Speeze had their press conference, I thought well here is a woman, seemingly confident in her own skin, who is going to get this right. Turns out, she got the right man, she just could not close it out. In my mind she had the deck stacked against her from the start. And yes due to some of her own making. What we don't know is what she contended with behind the "curtain". We know the blatant animosity that was hurled at her by the former DA KT in the run up to the election and I have to assume that some of the old DA's former employees were now LS's employees. I honestly don't rule out sabotage from within her own office.

From my viewpoint there is a very unhealthy "underbelly" out that way that's not at all conducive to justice. It makes me think "whatsup" to be so backward Colorado? But I know sadly it's everywhere. Personal agendas, gaming the system etc, we see it played out everyday in the headlines and in our daily lives.

The criticism and subtle undermining started with Judge Murphy opining on the length of the AA. I wanted to say Seriously? Are we focusing on form over substance here? The press and talking heads latched on to that comment.... and so it went mostly for the duration - anything to tarnish LS. Lauren Scharf of the media was seeminly the only one who had her eyes open and her finger on the pulse of what was happening.

All the talk at the Prelim about Suzanne's affair. Fine, the prosecution put it out there as an fyi but then it was on and on. Pinning the "scarlet letter" on poor murdered Suzanne. The only reason the affair would have any bearing on whether BM killed her was if her lover had not alibied out and he had, or if it was the motive for the killing. For IE it was a "dog whistle" to every bigot and misogynist out there. Of course in their thirst for anything salacious the media grabbed on quickly and the affair was echoed around the globe. Again, media and people of Colorado, whatsup? The affair didn't kill her, the husband did!

We've already beat the "sex offender"dna to death which also thanks to IE's misrepresentation was another media darling and even the judges could not seem to unspin thier brains on that one.

Murphy recused and then LLama took over. LLama, we found out was in excrutiaitng pain just having to sit due to some health problem( back?). He quickly became a parrot for IE. We also found out it had been Llama's intent to retire even before he took the case bc of his health problem. How this affected his judgement is anyone's guess but I wouldn't minimize its impact. He resigned and skeedaddled very quickly after dismissal. I am in the camp that believes his sanctions of the experts should have been appealed. I truly believe for one reason or another, just like Murphy, LLama wanted off that case and orchestrated that departure.

I could go on and on and on .... but bottom line, for soooo many reasons, the legal system failed Suzanne Moorman Morphew. Right does not always win. I hate that fact but I know it to be true. It will take a lot to get this right and have all the pieces fall into place the second time around.

I am confident that it's a winnable case on its merits but I am also acutely aware of the disparities between the legal representation for the two sides. You have a defendant presumably who is going to find the money, whatever it takes, to hire the high powered steam roller IE or someone like her . And you need to fight fire with fire. Where is the prosecution going to get that "fire" ? Are one of the local DA's all of the sudden going to become the "little engine" that could?

It's not an even playing field no matter what district arrests BM and takes him to court. So I am left with hoping that they bring in a well funded special prosecutor.

ALL JMO
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Agree 1000%. Truer words not spoken tonight! Thank you @waldojabba You’re absolutely right! How the heck do we come up with an even playing field to get Justice for Suzanne? MOO
 
al66pine said:
In this case, I wonder if prosecutor will convince the judge to admit SM’s texts & verbal stmts to Sheila O. (and/or possibly other communications to others) at trial.
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^^rsbm

In this case, the problem with allowing the texts and/or statements by SM admitted as evidence to support DV was the deficient hearsay context to collaborate the when, where, and what led up violence exhibited by BM including a specific date, place, did SM call police, did she remove herself from the home or have BM removed from the home. Unfortunately, there was one person in the household who could have assisted here but failed to do so. No child should be placed in this situation. However, evidence by today's adult child would be welcome.

This isn't the first time I've encountered this deficiency ruling and I often remember Nicole Simpson and what she did to create, document, establish admissible state-of-mind evidence. Not that it saved her life or helped convict OJ. MOO
 
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10ofRods said:
He had several different actions available to him. He chose, IMO, the most Draconian one for Suzanne's case.

Not fond of that approach. Would not vote for him as a judge. Am glad he retired.

Notice the use of the word may in what you quoted. That's a judge's entire job (to determine which of several options MAY be put into use). I can't think of a single type of case where a judge is bound to just one option. Notice that "grant a continuance" is on the list of options you speak of.

And that's what most judges do, in major cases like this one. They have some sympathy for the victim and for the LE that is trying to find a killer. Notice that the judge has an even further option (enter such other order as it deems just..." That's their whole job!

Could have been handled differently, but political forces were very much at work, IMO.

That's where you went wrong. Your logic led you to conclude that the judge choosing just ONE of those options means he's right, whereas the rule clearly states he had more than one option. What's your defense of his choosing that one option?

There is no clear way to use "logic" on a branching tree diagram where there are 5 different options. All of them are logical and logic is, well, binomial in principle (and advanced logic forms are not part of law or the teaching of law). Nor does the law require the judge to be "logical." Analysis should be of legal matters (if one is a judge) and that is beyond ordinary logic. As is analysis of this case. It's legal, social, political, and much more. Not merely logical.

IMO.
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I'm aware that the language of the rule is discretionary, not "shall" or "must." Have to know how to read law in my line of work!

I addressed most of the other points you raise earlier in a colloquy with Seattle:
AugustWest said:
Apologies, my use of the word "advises" might not be the best.

And it is true that Rule 16 leaves the remedy for discovery violations up to the judge's discretion.

Four choices "advise" the judge when determining the proper remedy.

I don't see a problem with first choosing to allow the prosecution time to fix the discovery violation. That choice is given in the plain text of the rule. Likewise, the rule allows a judge to "prohibit the party from introducing in evidence the material not disclosed." This option is also included in the plain text of the rule. Further, sanctions are considered by the plain text of the statute; the judge may "enter such other order as it deems just under the circumstances."

This shows that the legislative body that adopted the rule considered what would be fair as a remedy for discovery violations. I can't fault a judge for choosing a remedy that is specifically mentioned in the text of the statute.
Click to expand...

He chose more than one remedy, so I'm not sure why you think I felt he chose "the right one," He actually granted a "continuance" for the prosecution to correct their discovery violations. He then sanctioned (such other order...) and disallowed a witness, again as stated an option in Rule 16. :D

As for your last paragraph, I'll only state I don't want our judges to make decisions on social whims and political leanings. That sounds too kangaroo courty to me.

What's wrong with nailing BM's *advertiser censored* to the wall fair and square?
 
www.themountainmail.com

Suzanne Morphew's older sister shares her story

“Suzanne was my gift on my 15th birthday,” Melinda Moorman said. “I was born on April 30, 1956 and she was born 15 years later on April 30, 1971. She
www.themountainmail.com www.themountainmail.com

Hindsight 2021 article tells so much IMO
“Barry didn’t have the courage or the integrity to call my dad who treated him like a son,” Melinda said. “None of us wanted to believe this. Their daughter, Mallory, called my dad and told him Suzanne had gone on a bike ride and possibly had been attacked by a mountain lion.
 
waldojabba said:
What we don't know is what she contended with behind the "curtain". We know the blatant animosity that was hurled at her by the former DA KT in the run up to the election and I have to assume that some of the old DA's former employees were now LS's employees. I honestly don't rule out sabotage from within her own office.

From my viewpoint there is a very unhealthy "underbelly" out that way that's not at all conducive to justice. It makes me think "whatsup" to be so backward Colorado?
Click to expand...
I know of this type of sabotage, just not in our justice system involving murder victims. If that is what happened then shame is on them. For this reason, I am just going to refrain from commenting on the prosecution. Nothing can be undone, so it's best to move forward thankful for another chance.
kittythehare said:
I see what you see.
Click to expand...
I know you do. And you hold your ground against the injustice very well.
 
Seattle1 said:
Before anybody pins all their hopes and dreams on one stellar DA & prosecution team in the 12 Judicial District to be a game match for high dollar Iris Eytan, et., al, I'd say think again.

I've been camped in this District for more than three years following the 5 x murder charge of Adre "Psycho" Baroz where a special prosecutor, Fred Johnson with the Boulder County DA’s office, was brought in to assist then DA Robert Willett.

Thus far, what I can share about the 12th Judicial District is District Attorney Alonzo Payne (who beat the incumbent Robert Willett in Nov 2020), resigned on July 13, 2022, as he faced a recall election and after Colorado Attorney General Phil Weiser announced an agreement between his office and the 12th Judicial District Attorney’s Office to bring in an independent monitor to ensure the DA’s Office is complying with the Colorado Crime Victim Rights Act.

But by September 2022, former DA Payne agreed to be disbarred, effective October Oct. 26, according to the Colorado Supreme Court, and signed by Payne and a Colorado disciplinary judge. Payne agreed to waive the right to a hearing over his disbarment. (Once in effect, Payne was no longer allowed to practice law in Colorado).

The stipulation related to discipline tied to Payne’s disbarment, which Payne signed and agreed to, details the numerous instances in which Payne and his office failed to adhere to the Colorado Crime Victim Rights Act, failed to communicate with judges, defense attorneys, and victims, dismissed cases at the last minute, and in the cases he did try, failed to get convictions.

Gov. Jared Polis appointed Anne E. Kelly to be the interim 12th Judicial District Attorney in late August 2022, and in November 2022, she beat Robert Willet for the elected position.

When former DA Robert Willett was appointed by Governor Jared Polis to be district attorney of the 12th Judicial District (replacing Crista Newmyer-Olsen, whom Polis appointed as a judge for the 12th District) in the last days of 2019, he had no way of predicting the scope of challenges he would face in the year up ahead-- COVID19.

Then, in 2022, Payne charged the former DA Robert Willett with felony embezzlement in connection with a bonus Willett paid himself after Payne beat Willett in the primary for the seat. Payne could have asked an outside law enforcement agency to investigate and a special prosecutor to oversee the investigation but did not.

Eventually, the court appointed the 5th Judicial District Attorney Heidi McCollum as special prosecutor, and the charge was dropped in exchange for Willett paying back the money, per a Colorado District Attorneys' Council spokesperson.

Willet, now a Deputy DA for the 4th Judicial District (El Paso County), on August 3, 2023, filed a $5M federal suit against Payne and others from the 12th Judicial District for malicious prosecution-- claiming the embezzlement charges in 2022 were for political purposes.

Current DA Anne Kelly has just completed one year in the case backlogged quagmire of the 12th Judicial District, and only had about 5 years of experience when she was appointed DA by the governor after Payne resigned last year.

See the links below for just a snapshot of what's gone down in the 12th District with senior attorneys at the helm. This ^^ yet Linda Stanley gets all the negative media attention!

Former 12th Judicial District Attorney Alonzo Payne disbarred -- 9/23/22

krdo.com

Disbarred former San Luis Valley District Attorney sued for 'maliciously prosecuting' political rival | KRDO

The former 12th Judicial District Attorney, who was disbarred for violating victims' rights all across the San Luis Valley last year, now faces a new legal battle. A political rival who ran against Alonzo Payne in 2020 is suing him and the 12th Judicial District Attorney's office, claiming he...
krdo.com krdo.com



www.websleuths.com

CO - Adre ‘Psycho’ Baroz, 26, Wanted After Remains Of 3 Victims Found, Conejos Co, Nov 2020 *Arrest*

Friday, September 1st: *Status Conference Hearing (All victims) & Setting Hearing (Selena) (@ 2:15pm MT) - CO - Myron Robert Martinez (38) (reported missing Nov. 8, 2020 from Del Norte & found Nov. 10, 2020, Las Sauces, ID’d on Dec. 5, 2020) & Shayla Jenna Hammel (34) (from Saguache County...
www.websleuths.com www.websleuths.com
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Wow, the Bear moved to the right place to get it done, didn’t he? MOO.
 
SleuthBee said:
I know of this type of sabotage, just not in our justice system involving murder victims. If that is what happened then shame is on them. For this reason, I am just going to refrain from commenting on the prosecution. Nothing can be undone, so it's best to move forward thankful for another chance.

I know you do. And you hold your ground against the injustice very well.
Click to expand...
It's not my ground.
The ground belongs fully to the victim and nobody else.
I only witness.
 
AugustWest said:
Hopefully on topic, but I will erase if needed.

There are plenty of job opportunities in the district attorney's office where Suzanne was found:

Office of the District Attorney – 12th Judicial District, CO

12thjudicialdistrictattorney.org 12thjudicialdistrictattorney.org

There may be an important trial there some time in the future.

If anyone was interested, I can attest that the scenery there is really, really nice. :(

Night all!
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That is from last March and the salaries are awful.
 
Seattle1 said:
This isn't the first time I've encountered this deficiency ruling and I often remember Nicole Simpson and what she did to create, document, establish admissible state-of-mind evidence. Not that it saved her life or helped convict OJ. MOO
Click to expand...
Perhaps another judge will see it differently sitting up on his bench vs cowering down to IE.
 
AugustWest said:
I'm aware that the language of the rule is discretionary, not "shall" or "must." Have to know how to read law in my line of work!

I addressed most of the other points you raise earlier in a colloquy with Seattle:


He chose more than one remedy, so I'm not sure why you think I felt he chose "the right one," He actually granted a "continuance" for the prosecution to correct their discovery violations. He then sanctioned (such other order...) and disallowed a witness, again as stated an option in Rule 16. :D

As for your last paragraph, I'll only state I don't want our judges to make decisions on social whims and political leanings. That sounds too kangaroo courty to me.

What's wrong with nailing BM's *advertiser censored* to the wall fair and square?
Click to expand...
Thankfully he’s nailed his own b-*advertiser censored* to the wall! :oops:
 
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waldojabba said:
It's not an even playing field no matter what district arrests BM and takes him to court. So I am left with hoping that they bring in a well funded special prosecutor.
Click to expand...
^^rsbm
I couldn't agree more. Also, for this case, I must say I'm more comfortable seating a jury from the 11th Judicial District than the 12th. JMO.
 
SleuthBee said:
Perhaps another judge will see it differently sitting up on his bench vs cowering down to IE.
Click to expand...
Actually, it's a question of law. While hearsay evidence is generally admissible during the preliminary hearing including BM's preliminary hearing, the same is not true at trial where hearsay is allowed only under specific exceptions.

Rule 802 - Hearsay Rule, Colo. R. Evid. 802 | Casetext Search + Citator

Read Rule 802 - Hearsay Rule, Colo. R. Evid. 802, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com

On the other hand, here are some very interesting appellant cases questioning whether
Colorado law contains a rule that prohibits the admission of self-serving hearsay statements by a criminal defendant.


ETA: add Lama's ruling

Prosecutors did not provide any dates or specific times the alleged incidents took place, saying only they believe they all happened in the time since the Morphews moved to Colorado from Indiana. They also did not provide any circumstantial information about what led up to the alleged incidents.

"We don't believe that the allegations are true," said one of Morphew's defense attorneys.

Morphew's lawyers argued that the members of the jury should not hear prejudicial information when "there is no proof that the allegations are true."

"The court has a duty to protect Mr. Morphew's right to a fair trial," Barry's defense attorney said.

They made the argument that Oliver is not a credible source since she once wore a recording device to record a conversation with Barry. Defense attorneys said that in the more than 3,000 text messages between Suzanne and Oliver, Suzanne never mentioned the alleged acts of domestic abuse, even though they were best friends.

www.9news.com

Judge will not admit prior acts of alleged domestic violence as evidence in Barry Morphew trial

The motion filed by prosecutors sought to introduce alleged acts of domestic violence as evidence when the trial starts in May
www.9news.com www.9news.com

Oliver will still be allowed to testify in court during the trial.
 
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