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

[Boxer]

LS had zero experience trying criminal cases prior to being elected. She just assumed prosectuing cases was the same as ranting about them on the internet and she was sadly mistaken.

The case against BM was very weak, as many legal observers have pointed out. LS had no clue what she was doing but she also purposely withheld evidence from the defense, which is what led to the sanctions. Those sanctions, or worse sanctions, would have been imposed in most criminal courts under those circumstances.

The moral of the story is that prosecuting (and defending) criminal cases is much harder than people who read about cases on the internet think. LS's lack of experience was only one problem with the case. The lack of a body was a big problem. That problem has been solved, but a new problem exists and that is tying the original defendant to the area where the body was found. If LE had anything connecting the previous defendant to this area, charges would have already been re-filed, IMO.

The case appears to be as cold as a snow capped peak in the Rocky Mountains. There has not been any updates about SM or the other missing woman in the area that they were looking for when they found SM. None of this bodes well for solving the case, IMO.

The citizens of the 11th district overlooked lack of experience and other issues. They ultimatley bear the responsibility for electing an unqualified person with obvious red flags and the consequences of that.

 

[Knox]

DBM - wrong thread.

 

[mrjitty]

-You state LS purposely withheld evidence from the defense - whoa nelly on that one. I believe the judge, who IMO was absolutely no fan of LS/a huge cheerleader for Iris, when he issued his sanctions, even stated he found no willful misconduct on the P's part imo

RSBM

Right this is why it is important to look at what the Supreme Court wrote and the dicta in the various cases all together. None of them have said Stanley perpetuated discovery violations as a trial strategy to withhold damaging evidence from the defence. Rather there is a global pattern across many many cases of committing violations, even where the prosecution had an overwhelming case. The explanation appears to be bureaucratic incompetence and failure (e.g lack of training, resource and process)

We know this already from the Morphew case. e.g the critical expert evidence was the CAST and BERLA Telematics (truck evidence) and the first version of these reports had been prepared before the arrest, and discovered months before trial. Yet the prosecution was so disorganised it managed to get those experts sanctioned despite having already discovered the substance of all that stuff well before the deadline. We know this because IE has confirmed it. e.g she had the BERLA stuff at the prelim! She had the CAST report months before the sanctions were imposed.

That's not 9D chess to withhold damaging evidence. That's just stupid.

As the Supreme Court notes, Stanley's office did this in a wide range of cases. i.e the pattern was that they failed their discovery obligations in every case.

Finally, the Judges as a group appear to have become increasingly concerned about this issue, and thus imposed increasing sanctions to try to get the DA to course correct. As we discussed at the time, when the Judges impose these sanctions it is not so much about the justice of the case (the perp had admitted the conduct), but the wider issues of justice i.e. the trial Court dinged the DA hard, to stop her doing this in the future.

 

[mrjitty]

If you read the Prosecution response to sanctions, together with IE's civil case and Grusing testimony at the prelim, I am afraid everything is just as dumb as the prosecution states in it's response.

The critical evidence against Barry was CAST and BERLA, and IE had both long before trial. Stanley managed to get both those experts sanctioned.

So regardless of your opinion on the strength/weakness of the case - that is simply incompetent, no matter how cleverly IE exploited it. In the end, if you discover your expert bios for CAST/BERLA on time, and you send over the minor updates that were made which you had sitting around already IE can't do this.

There was no extra top secret CAST/Telematics analysis done after the prelim. All of the work was completed before Barry was arrested. In other words, Stanley had the entire case against Barry at the prelim, with the exception of the DNA analysis and the RR telematics.

RR was finally completed (external delays) but then not discovered on time even though not relevant to the case. That ought to hammer home what a fumble this was. The Judge was infuriated by failure to send over the RR data which isn't relevant to the case.

Unfortunately the level of attention and detail in the excellent response to sanctions is what should have happened months earlier.

What a trash fire.

 

[mrjitty]

Re lack of arrest following the discovery of SM, i don't read much into it.

Remember we were told that arresting BM after a year of investigation was too fast. Now a couple of months proves the case is too weak?

They have no reason to hurry. And they might have a lot of work to do.

 

[Seattle1]

Re lack of arrest following the discovery of SM, i don't read much into it.

Remember we were told that arresting BM after a year of investigation was too fast. Now a couple of months proves the case is too weak?

They have no reason to hurry. And they might have a lot of work to do.

Good to read your wise perspective, and it's always appreciated when you keep the focus on the facts versus the personality. And Happy New Year. Cheers!

 

[Pyrite]

Re lack of arrest following the discovery of SM, i don't read much into it.

Remember we were told that arresting BM after a year of investigation was too fast. Now a couple of months proves the case is too weak?

They have no reason to hurry. And they might have a lot of work to do.

I expected an arrest would happen by now if the prosecutors were confident that they have the right man in BM. They still have the original evidence gathered that first year, which was enough to go to trial with in LS’s eyes. I assume the investigation continued after the dismissal. And how long would it take to go through BM’s electronic data (phone / vehicles) to put him in the area SM was found during the right time period? Surely 3 month would be enough if the data was there to be found. Without that data, I wonder if they will ever re-charge.

MOO

 

[I am not Sherlock H.]

I am of the mindset, better to do it right (this time), as there might not be a chance to do it over. So IMO there should be no rush. And with more time just maybe more evidence appears and other individuals might speak or disclose something? And it gives more time to process and investigate for evidence. (Remember how long it took I believe for GM to provide vehicle telemetry or data in the Alex Murdaugh case.) I am also interested to see what becomes of the earlier charged/accused individual’s civil suit. MOO

 

[Love Never Fails]

I am of the mindset, better to do it right (this time), as there might not be a chance to do it over. So IMO there should be no rush. And with more time just maybe more evidence appears and other individuals might speak or disclose something? And it gives more time to process and investigate for evidence. (Remember how long it took I believe for GM to provide vehicle telemetry or data in the Alex Murdaugh case.) I am also interested to see what becomes of the earlier charged/accused individual’s civil suit. MOO

I agree. In the beginning I was emotional and wanted him behind bars fast. When he was arrested I thought it had been a long time. I’m not a legal expert and spoke with emotions only. Why should any of us think three months is a long time now? These investigators have other cases and one is not more important than another and they have personal lives. I love the idea that fresh eyes are taking a look at this case and all the evidence. His own words can hang him. (Barry, you are not a good liar). With the evidence they already had, plus Suzanne’s body, and a strong prosecutor, this is a done deal.

 

[Love Never Fails]

Good to read your wise perspective, and it's always appreciated when you keep the focus on the facts versus the personality. And Happy New Year. Cheers!

Hey Seattle, good to see your posts. Yes Mr Jitty has a good perspective. He has some very wise posts.

I tend to focus on personality. . Having said that, and putting aside this very important topic, I tend to like the way LS said what she thought. Calling a spade a spade and a murderer a murderer. But she was supposed to “know when to hold em, know when to fold em”, as the song says. And know when to shut up.

And when the rest of you keep it on topic, I learn a lot.

 

[Love Never Fails]

The citizens of the 11th district overlooked lack of experience and other issues. They ultimatley bear the responsibility for electing an unqualified person with obvious red flags and the consequences of that.

That kind of sounds like you think the citizens of the 11th district are quite ignorant. They don’t bear the responsibility for what Barry did, nor is the way LS handled her case their responsibility. Maybe they truly like LS or voted straight party line. That’s what most people do, unfortunately.

All of us on the outside looking in, are ready to condemn LS. That point has been made. So now let’s condemn the citizens of the 11th district? But don’t stop there. How about the judge who helped cripple the case by not allowing the experts to give testimony? Wasn’t he allowing a murderer to go free while trying to make a point? One could argue he was too close to IE. So. Why don’t we condemn everyone except the ONE person who murdered Suzanne Morphew?

 

[Boxer]

That kind of sounds like you think the citizens of the 11th district are quite ignorant. They don’t bear the responsibility for what Barry did, nor is the way LS handled her case their responsibility. Maybe they truly like LS or voted straight party line. That’s what most people do, unfortunately.

All of us on the outside looking in, are ready to condemn LS. That point has been made. So now let’s condemn the citizens of the 11th district? But don’t stop there. How about the judge who helped cripple the case by not allowing the experts to give testimony? Wasn’t he allowing a murderer to go free while trying to make a point? One could argue he was too close to IE. So. Why don’t we condemn everyone except the ONE person who murdered Suzanne Morphew?

MOO because the voters are the responsible party for who takes office.

Judge Lama was elected in 2018 he had a great performance record prior to the Morphew case.

From that record I take he felt the this case was so mishandled by the district attorney that it should not move forward as is.
He may well be the reason BM is ever dealt justice in the future.

 

[Boxer]

Re lack of arrest following the discovery of SM, i don't read much into it.

Remember we were told that arresting BM after a year of investigation was too fast. Now a couple of months proves the case is too weak?

They have no reason to hurry. And they might have a lot of work to do.

Tammy Daybell exhumed Dec 11,2019. Autospsy report to the court May 1, 2023.
Long time but damning.

 

[Love Never Fails]

MOO because the voters are the responsible party for who takes office.

Judge Lama was elected in 2018 he had a great performance record prior to the Morphew case.

From that record I take he felt the this case was so mishandled by the district attorney that it should not move forward as is.
He may well be the reason BM is ever dealt justice in the future.

I’m glad you said MOO.
That’s all mine is…my own opinion.
I didn’t mean to insult you in any way. I’ve already stated I can get emotional. I do believe BM to be guilty and I pray a good DA brings charges and he is sent away and that his daughters can be reunited with Suzanne’s side of the family.

 

[Love Never Fails]

Tammy Daybell exhumed Dec 11,2019. Autospsy report to the court May 1, 2023.
Long time but damning.

And don’t even get me started about the deadly Daybell couple. Child killers are the worst.

 

[Boxer]

I’m glad you said MOO.
That’s all mine is…my own opinion.
I didn’t mean to insult you in any way. I’ve already stated I can get emotional. I do believe BM to be guilty and I pray a good DA brings charges and he is sent away and that his daughters can be reunited with Suzanne’s side of the family.

Not offended at all, I agree and I know what you mean, the killer is responsible. But MOO it matters a lot who you give the power to, to go get'em.

 

[Boxer]

And don’t even get me started about the deadly Daybell couple. Child killers are the worst.

Crazy. They had a torrid love affair based on a shared fantasy of being Apocolypse royalty.
Spooky stories of dark zombies and being the chosen ones to administer a camp of childless couples at the end of the world.

But in the morning...
The couple then collected Social Security benefits and life insurance money related to the three deaths,

Because, you know.

 

[justtrish]

Tammy Daybell exhumed Dec 11,2019. Autospsy report to the court May 1, 2023.
Long time but damning.

And Tammy Daybell was buried correctly and embalmed and all the things that help preserve the body. So 5 months it took and her body was likely as best as they could possibly get to do a redo on an autopsy.

Suzanne was laying in the elements for more than 3 years. I think it will take time to get results from any testing they did. They likely are also reviewing all the other electronic evidence and being very thorough as they go forward. I think when they rearrest Barry they will have every single thing in order that they need. Often LE arrests a person and then things continue to happen while the court process plays out. The state has the benefit of knowing exactly what Barry's defense tactics are and it's NOT to delay or agree to waive the speedy trial. Seems they want it done asap and they've shown their hand on how they behave (IMO not in an upstanding and ethical way) so before they recharge, they really need to have every bit evidence done and ready to send to the defense.

 

[katydid23]

I expected an arrest would happen by now if the prosecutors were confident that they have the right man in BM. They still have the original evidence gathered that first year, which was enough to go to trial with in LS’s eyes. I assume the investigation continued after the dismissal. And how long would it take to go through BM’s electronic data (phone / vehicles) to put him in the area SM was found during the right time period? Surely 3 month would be enough if the data was there to be found. Without that data, I wonder if they will ever re-charge.

MOO

What if he didn't use any of the vehicles we know about, when he dumped the body?

There were other vehicles he had access to---but which LE had no way to track at this point. I think he was smart enough NOT to use his vehicles to make that drive. JMO

 

[mrjitty]

There is likely a lot of work to do on the grave forensics and trying to find new digital evidence. That stuff will not be fast.

Unfortunately I guess there won’t be any traffic cams or anything in the direction of the gravesite three years later?

IMO it’s clear neither the truck or the victims RR drove to the gravesite.