Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #111

[Puzzles8]

Agreed. No way he can testify.

IE's strategy is to defeat all the allegations in detail. Maybe he drove to the spa company! Maybe he made up the chipmunks! Maybe he was throwing out rubbish in 5 skips!

if he takes the stand, his inability to reconcile everything will be revealed

Especially after making all those statements several years ago. I doubt his memory can keep all of his half truths and outright lies straight.

Here's to hoping Barry will insist on testifying and will end up getting tied up in his own underwear.

JMO

 

[Cindizzi]

https://x.com/marcsallinger/status/1729678056430703092?s=61&t=Vp-AZ81ShrhzLNqqCFHAgA

 

[Cindizzi]

CHAFFEE COUNTY, Colo. — A Southern Colorado District Attorney was accused of breaking so many rules that every judge in her district was forced to recuse themselves from hearing one of her cases, because they thought they would have to file a complaint against her.
There's a reason why prosecutors aren’t supposed to speak publicly about cases before they go to trial, like the way in which 11th Judicial District Attorney Linda Stanley talked about a man charged with the murder of a 10-month-old boy he was taking care of.

[…]


Court documents obtained by 9NEWS show the judge presiding over the murder case found the comments so unethical they considered filing a complaint against Stanley with the state.
The only issue is, if they did that, they would have to recuse themselves from all cases the DA is a part of. In a district as small as this, that would be impossible. So instead, the Chief Judge recused every single judge in the district and the case was asked to be transferred to a different part of the state.
"The Court was concerned that if, after hearing, the allegations in the Motion proved to be true, the presiding judge might feel compelled to file an ethics complaint against the elected District Attorney, Linda Stanley," District Court Judge Patrick Murphy wrote in a Nov. 13 order. "This could possibly lead to recusal of that judge from all cases prosecuted by Mrs. Stanley. Removing a local judge from all criminal cases in a small district for an indefinite period of time would create a vacuum that would be impossible to fill."

[…]

Every judge in one Colorado district recuses themselves from murder case after DA does TV interview about suspect

 

[Seattle1]

IMO, LS will prove to be just another failed and forgotten politician. However, I'm deeply saddened that the latest complaint totally ignores the victim, baby Edward who died on May 23, 2023. He was a 10-month old baby who suffered a very horrific death!

I'm sickened to see small town politics and click bait media continuing to treat the victims including baby Edward, 72-yr old William Tippett (Jan 6, 2023), and Suzanne Morphew, as mere collateral damage! I stand with and for the victims. MOO

Man shook and hit baby, Cañon City motel room "filthy"

(CAÑON CITY, Colo.) — An arrest affidavit for 21-year-old William Jacobs details what led up to a 10-month-old baby being flown from Cañon City to a hospital in Colorado Springs, where the baby lat…

www.fox21news.com

Jacobs, who was the last person to see the baby alive, according to the arrest affidavit, told investigators that he shook him and slapped him on the back to get him to breathe. Edward died at Children's Hospital in Colorado Springs May 23 and it was then that Stanley upgraded Jacobs' criminal charge from child abuse resulting in death to first-degree murder.

Crawford is charged with child abuse resulting in death.

[..]

Fremont County Judge Kaitlin Turner has yet to decide whether or not to dismiss the case and a hearing on the request for dismissal had not been scheduled.

Crawford has her next hearing Oct. 11 and Jacobs' preliminary hearing is scheduled for Sept. 27.

Small-town politics may come into play with the baby case, as there's a web of previous adversarial history to the legal cast of characters.

In 2020, Judge Turner lost the district attorney's race to Stanley, who took office the following January.

Months before that, LeDoux also lost to Stanley in the Republican Primary Election. LeDoux was the previous 17th Judicial District Attorney.

The law firm he works for is in part owned by Ramsey Lama, the last judge to oversee the Morphew case. Lama dismissed the case without prejudice in April 2022 and resigned from the bench soon after.

 

[Lyanna]

I've requested it, but will take 6 - 8 weeks to process

 

[Lyanna]

Got to request through Chaffee County

 

[Seattle1]

Got to request through Chaffee County

I figured as much and expect you'll next receive a response from Chaffee County that pursuant to a CORA exception, the report is not available because the victim is part of an ongoing investigation where there's been no ruling on the cause/manner of death as of yet.

 

[10ofRods]

I've requested it, but will take 6 - 8 weeks to processView attachment 464603

Note that the District Attorney has to okay your request, if the MofD turns out to be homicide.

I think the MoD is plainly going to be homicide.

 

[Megnut]

Note that the District Attorney has to okay your request, if the MofD turns out to be homicide.

I think the MoD is plainly going to be homicide.

Indeed.

It's very hard to barry your own bones. Even in the shallowest of graves.

JMO

 

[10ofRods]

Indeed.

It's very hard to barry your own bones. Even in the shallowest of graves.

JMO

You know, I've always thought that as well. It's my opinion too! I know it's frustrating not to be able to get certain information - in many places, autopsy reports can be sealed at the behest of the family, as well. I guess not, in CO.

In CA, anyone willing to pay can get the Death Certificate and, in some cases, an autopsy report. However, the Public Records Act says access can be restricted according to these variables:

1. Certain personnel records;
2. Investigative records;
3. Drafts;
4. Confidential legal advice;
5. Records prepared in connection with litigation;
6. Real estate appraisals;
7. Native American graves;
8. Cemeteries and sacred places;
9. Archaeological site information;
10. Trade secrets;
11. Communications with the Governor’s Office; and
12. Information that is confidential pursuant to other state or federal statutes

I assume CO is similar. Further many states restrict the autopsy report to the written portion, not the pictures or videos. Thankfully. In most states, one needs a court order to get the full autopsy (with pictures).

2 on the list above covers a lot, in CA. That's one reason people file civil suits (to get a court order releasing information they feel they must have).

CO prohibits any release of:

Personally identifiable information (PII) such as place and date of birth, home address, social security number, physical description, photograph, or signature of any person is always redacted prior to release of public records. Likewise, electronic mail addresses provided by a person to the department to aid in future communication are not disclosed to the public. Some records, such as tax or driving records, may be protected from disclosure to anyone but the person in interest, while other records are entirely exempt from public inspection due to statutes that specifically prohibit their release.

So, CO is a bit more permissive than CA, I believe.

IMO

 

[Seattle1]

You know, I've always thought that as well. It's my opinion too! I know it's frustrating not to be able to get certain information - in many places, autopsy reports can be sealed at the behest of the family, as well. I guess not, in CO.

In CA, anyone willing to pay can get the Death Certificate and, in some cases, an autopsy report. However, the Public Records Act says access can be restricted according to these variables:

1. Certain personnel records;
2. Investigative records;
3. Drafts;
4. Confidential legal advice;
5. Records prepared in connection with litigation;
6. Real estate appraisals;
7. Native American graves;
8. Cemeteries and sacred places;
9. Archaeological site information;
10. Trade secrets;
11. Communications with the Governor’s Office; and
12. Information that is confidential pursuant to other state or federal statutes

I assume CO is similar. Further many states restrict the autopsy report to the written portion, not the pictures or videos. Thankfully. In most states, one needs a court order to get the full autopsy (with pictures).

2 on the list above covers a lot, in CA. That's one reason people file civil suits (to get a court order releasing information they feel they must have).

CO prohibits any release of:

Personally identifiable information (PII) such as place and date of birth, home address, social security number, physical description, photograph, or signature of any person is always redacted prior to release of public records. Likewise, electronic mail addresses provided by a person to the department to aid in future communication are not disclosed to the public. Some records, such as tax or driving records, may be protected from disclosure to anyone but the person in interest, while other records are entirely exempt from public inspection due to statutes that specifically prohibit their release.

So, CO is a bit more permissive than CA, I believe.

IMO

I recall the death of Elijah McClain in 2019. Last year, Colorado Public Radio (CPR) filed suit to obtain a copy of his autopsy report. While the court ruled to release the report, they ruled there would be a catch:

District Court Judge Kyle Seedorf ruled that the report can be redacted to exclude new information that resulted from a grand jury investigation into McClain’s death — even if that means the entire contents of the amended report are blacked out. The judge gave the coroner seven days to produce the report.

CPR NEWS

 

[10ofRods]

I recall the death of Elijah McClain in 2019. Last year, Colorado Public Radio (CPR) filed suit to obtain a copy of his autopsy report. While the court ruled to release the report, they ruled there would be a catch:

District Court Judge Kyle Seedorf ruled that the report can be redacted to exclude new information that resulted from a grand jury investigation into McClain’s death — even if that means the entire contents of the amended report are blacked out. The judge gave the coroner seven days to produce the report.

CPR NEWS

I find all these details so interesting. It's that pause between a known homicide and what happens next - before anyone is brought to Justice, in which we see the wheels slowly turning.

Basically, CPR merely got confirmation that yes, an autopsy was done. Fair enough.

 

[Seattle1]

Did anybody catch Scott Reisch on Tuesday and his update on Barry Morphew?

I couldn't believe my ears but seems he's drinking IE's Kool-Aid on the partial DNA match to an unnamed man connected to three unsolved sexual assault cases in Tempe, Phoenix and Chicago.

Morphew update begins at about the 30 min marker:

 

[al66pine]

Release of Autopsy Rpt? CO. Open Records Act.

Not predicting if/when coroner/med. examiner will or won't release SM's autopsy rpt to a member of the public requesting it thru CORA.

Merely offering some case summaries re CO. Open Records Act and autopsy rpts.
Not quoting CORA itself, as this source* cites CO Rev. Stat. 2017, which may have been amended since then (IDK, haven't searched). This was published before the Elijah McClain 2019 case discussed in several posts upthread.

Soooo, FWIW.
Page 32 of 45.*
"Subsection (3)(a)(I) prohibits the
disclosure of medical records "unless
otherwise provided by law". Section 30-
10-606 (6)(a) expressly provides otherwise,
granting coroners access to medical
information from health care providers.
Bodelson v. City of Littleton, 36 P.3d 214
(Colo. App. 2001)."

Page 40 of 45*
"Legislative intent to classify
autopsy reports as public records. The
phrase "exclusive of coroners' autopsy
reports" in subsection (3)(a)(I) is convincing
evidence of the legislative intent to classify
autopsy reports as public records open to
inspection, rather than directing the denial
of a right of inspection by any person, as is
the case with other medical, psychological,
sociological, and scholastic data. Denver
Publishing Co. v. Dreyfus, 184 Colo. 288,
520 P.2d 104 (1974)."

"Coroners' autopsy reports are
"public records" and not "criminal
justice records", so that autopsy report on
homicide victim may be withheld from
public inspection by custodian thereof only
pursuant to procedure under the open
records law requiring establishment that
disclosure would do "substantial injury to
the public interest". Freedom Newspapers,
Inc. v. Bowerman, 739 P.2d 881 (Colo. App.
1987)."

"The controlling standard in
subsection (6)(a) regarding the release of the
complete autopsy report is public, not
private, injury. Blesch v. Denver Publ'g Co.,
62 P.3d 1060 (Colo. App. 2002)."

"Trial court properly denied the
release of autopsy reports of victims of
the Columbine high school massacre.
Testimony by family members of the
victims and the coroner supported the court's
finding that release of the reports would do
substantial injury to the public interest.
Furthermore, CORA did not require the trial
court to conduct an in camera hearing on the report. Bodelson v. Denver Publ'g Co., 5
P.3d 373 (Colo. App. 2000). But see Blesch
v. Denver Publ'g Co., 62 P.3d 1060 (Colo.
App. 2002)."
_____________________________________
*

https://www.sos.state.co.us/pubs/info_center/files/CORA_Act.pdf

 

[Boxer]

Did anybody catch Scott Reisch on Tuesday and his update on Barry Morphew?

I couldn't believe my ears but seems he's drinking IE's Kool-Aid on the partial DNA match to an unnamed man connected to three unsolved sexual assault cases in Tempe, Phoenix and Chicago.

Morphew update begins at about the 30 min marker:

He has always been an IE admirer, she is tops on his profession as adefense attorney.

 

[Seattle1]

Release of Autopsy Rpt? CO. Open Records Act.

Not predicting if/when coroner/med. examiner will or won't release SM's autopsy rpt to a member of the public requesting it thru CORA.

Merely offering some case summaries re CO. Open Records Act and autopsy rpts.
Not quoting CORA itself, as this source* cites CO Rev. Stat. 2017, which may have been amended since then (IDK, haven't searched). This was published before the Elijah McClain 2019 case discussed in several posts upthread.

Soooo, FWIW.
Page 32 of 45.*
"Subsection (3)(a)(I) prohibits the
disclosure of medical records "unless
otherwise provided by law". Section 30-
10-606 (6)(a) expressly provides otherwise,
granting coroners access to medical
information from health care providers.
Bodelson v. City of Littleton, 36 P.3d 214
(Colo. App. 2001)."

Page 40 of 45*
"Legislative intent to classify
autopsy reports as public records. The
phrase "exclusive of coroners' autopsy
reports" in subsection (3)(a)(I) is convincing
evidence of the legislative intent to classify
autopsy reports as public records open to
inspection, rather than directing the denial
of a right of inspection by any person, as is
the case with other medical, psychological,
sociological, and scholastic data. Denver
Publishing Co. v. Dreyfus, 184 Colo. 288,
520 P.2d 104 (1974)."

"Coroners' autopsy reports are
"public records" and not "criminal
justice records", so that autopsy report on
homicide victim may be withheld from
public inspection by custodian thereof only
pursuant to procedure under the open
records law requiring establishment that
disclosure would do "substantial injury to
the public interest". Freedom Newspapers,
Inc. v. Bowerman, 739 P.2d 881 (Colo. App.
1987)."

"The controlling standard in
subsection (6)(a) regarding the release of the
complete autopsy report is public, not
private, injury. Blesch v. Denver Publ'g Co.,
62 P.3d 1060 (Colo. App. 2002)."

"Trial court properly denied the
release of autopsy reports of victims of
the Columbine high school massacre.
Testimony by family members of the
victims and the coroner supported the court's
finding that release of the reports would do
substantial injury to the public interest.
Furthermore, CORA did not require the trial
court to conduct an in camera hearing on the report. Bodelson v. Denver Publ'g Co., 5
P.3d 373 (Colo. App. 2000). But see Blesch
v. Denver Publ'g Co., 62 P.3d 1060 (Colo.
App. 2002)."
_____________________________________
*

https://www.sos.state.co.us/pubs/info_center/files/CORA_Act.pdf

Autopsy reports on both minors and adults are excluded from a Colorado Open Records Act (CORA) provision that makes medical records confidential. If a county coroner believes that disclosure of a particular autopsy report would cause “substantial injury to the public interest,” he or she can ask a court for authorization to withhold all or portions of it.

In addition, Colorado Courts have long had the power to seal autopsy reports which prevent the release of information to anybody except for the Court and who the Court designates, and this has not changed. However, what has changed is pursuant to Colo. R. Crim. P. 55.1, Amended and Adopted December 17, 2020, effective 5/10/2021, the Court seal can no longer be forgotten. In other words, any Court sealed document including autopsy reports now has an expiration date which shall require action by the parties to keep the autopsy report (and/or document) from being released to the public pursuant to Rule 55.1 - Public Access to Court Records in Criminal Cases.

Also, relative to the powerful lobbyists for CFOIC, the Colorado Press Association, the Colorado Broadcasters Association and the Colorado Springs Press Association, they alone are credited for getting the Governor to veto Senate Bill 18-223 which was overwhelmingly supported in the legislature – only two representatives and one senator voted against the final version-- which would have closed public access to autopsy reports on minors. Please be remined that the county coroners’ association requested the bill.

Many of us remember the devastating effects of youtubers making public requests for the autopsies of the Watts children-- murdered along with their mother Shan'ann by Chris Watts. Senate Bill 18-223 would have prevented this. Same with Gannon Stauch's autopsy report and photos released to a youtuber who was selling pay for view access.

Rule 55.1 - Public Access to Court Records in Criminal Cases, Colo. R. Crim. P. 55.1 | Casetext Search + Citator.

Governor vetoes bill to seal child autopsy reports, citing societal benefits of 'an informed public' - Colorado Freedom of Information Coalition

Writing that “sunshine on uncomfortable and painful topics such as youth deaths can lead to more positive outcomes for other youths,” Gov. John Hickenlooper vetoed a bill that would have closed public access to autopsy reports on minors

coloradofoic.org

 

[mrjitty]

Did anybody catch Scott Reisch on Tuesday and his update on Barry Morphew?

I couldn't believe my ears but seems he's drinking IE's Kool-Aid on the partial DNA match to an unnamed man connected to three unsolved sexual assault cases in Tempe, Phoenix and Chicago.

Morphew update begins at about the 30 min marker:

I've always found him decent on the law, procedure stuff but liable to pontificate despite not having read up on the case in much detail. It's the same on pretty much every case I've followed on here.

 

[Love Never Fails]

He has always been an IE admirer, she is tops on his profession as adefense attorney.

I don’t mind Scott Reisch. He does tend to talk too much though so I don’t watch him often. As far as Morphew pontificating about some other guys DNA, let him talk. Every time he opens his mouth, he gives LE more reasons to charge him. IE has nothing else. Barry knows this.

 

[Boxer]

I don’t mind Scott Reisch. He does tend to talk too much though so I don’t watch him often. As far as Morphew pontificating about some other guys DNA, let him talk. Every time he opens his mouth, he gives LE more reasons to charge him. IE has nothing else. Barry knows this.

MOO I dont mind him either, he is a goid analyst, and scince he is a defense attny he sees IE as successful, which she is.
Vigorous questioning of DNA and other forensic evidence is a current theme nationwide.

 

[arielilane]

In my opinion this is a stunt not a genuine show of support. Did they search for their mother? Were they shocked after she was found murdered? Join Zone 7 and hear what two of NYPD detectives think about this case.

https://iheart.com/podcast/867-zone-7-with-sheryl-mccollu-106023288/episode/the-disappearance-of-suzanne-morphew-with-dan-murphy-and-tom-smith-of-the-gold-shields-podcast-127698117?cmp=ios_share&sc=ios_social_share&pr=false

https://twitter.com/x/status/1729814974321643899