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

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Not true at all that the prosecution has to "prove" the bike was staged or show how and when BM got to Moffat, and why there is no cadaverine evidence in the home or vehicles!

Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case.

The facts of this case include that the the victim and body was missing for more than three years when it was recovered. This fact and knowing SM died of homicidal means is sufficient for the Judge to give the jurors special instructions that stress to jurors that establishing how SM was killed is not an element for the prosecution to prove.

Fortunately, Colorado juror instructions are directed for interpretation by reasonable people using common sense. Jurors understand that reasonable doubt is something common to their lives – a doubt that would “cause reasonable people to hesitate to act in matters of importance to themselves.”

MOO
Theory and reality sometimes aren't great matches. They will attempt to prove the bike was staged using the information they have gathered but the reality that their theory needs to be accepted by the jurors. Some may accept the theory readily and others may not. The more hard proof they have obviously the better. I am perhaps more readily "leary" of what people will decide in a particular situation and don't have the confidence some here have had but that is known about me. However I am always a believer that juries get it right more often than they get it wrong and it's become my mantra to myself when I start to get too pragmatic.
 
The former judge in the Suzanne Morphew case is speaking out for the first time about what went on behind the scenes as the first-degree murder case of Barry Morphew wound its way toward a trial that never happened.

Ramsey Lama said that as he oversaw the high-profile case, 11th Judicial District Attorney Linda Stanley launched an investigation into his prior marriage looking to dig up dirt on him in order to remove him.



11.3.2023
Why does this seem to remind me of a clerk in a southern courthouse that wrote a book about an involved double murder case as it came to a close and verdict?

It is most unfortunate when these type things rise above and beyond principles. As another poster above I believe mentioned, it seems some refinements of the Justice system and processes might be needed.
MOO
 
One hole in BMs whereabouts after 2:47 is:

16:00-17:30

Defense says BM was at Salida Stove and Spa. 90 minutes "in store." Truck telematics don't show this trip.

Salida Stove and Spa is 40 minutes at the speed limit from burial site south of Moffat at County Road R.

MOO with generally accepted speed of 70mph, about 70 minutes round trip.
Shallow grave and more important, cooler disposal.
Doable.

There is another gap later too.
 
From the above post BBM. “..and since the allegation was denied by the ex-wife after all. “
Just speculating but basing my thoughts on past experiences
If I am on the other side of a marriage/divorce from a man who was at one time abusive in some fashion to me during our marriage, what possible benefit is it to me to come forward and make that abuse public at this point? I would deny it too even if it were true.
Perhaps I have alimony and child support being paid to me by my ex. Do I want him to lose his job, or to become known as an abuser? Surely this would effect his standing in the community
and hinder his ability to attract clients
thereby limiting his income potential.
Do I want my child’s friends in school to whisper about her father having been an
“Abuser”.
Do I really want to open up what is a closed book between my ex and I and possibly put myself and my child in a dangerous position by pushing the wrong buttons and angering him ?
I see only downside at this point for the ex were she to open up about any abuse in her former marriage ( if any indeed existed).
She is on the other side of that situation and it does her no good to go back in time, open old wounds and engage with a man she no longer wants to engage with.
One other point I have mentioned before that I continue to find curious. Llama, as he tells it, did not find out about the investigator interviewing his wife from his wife. Now why wouldn’t the ex-wife have phoned Ramsey, if there never had been any abuse and said I had a visit today, Geewiz, what’s up with this?
Per Llama, he was called by the Canon City Sheriff and told a DA was investigating him. So LE calling a judge to tell him a DA was investigating him.
Just my thoughts IMO
Bbm, I would not contact an ex either. We do not know their current relationship. Jmo
 
One hole in BMs whereabouts after 2:47 is:

16:00-17:30

Defense says BM was at Salida Stove and Spa. 90 minutes "in store." Truck telematics don't show this trip.

Salida Stove and Spa is 40 minutes at the speed limit from burial site south of Moffat at County Road R.

MOO with generally accepted speed of 70mph, about 70 minutes round trip.
Shallow grave and more important, cooler disposal.
Doable.

There is another gap later too.
Especially if she had been dosed by a tranquilliser dart and driven somewhere, perhaps unconscious but not dead?

No cadaverine until she was out of the vehicle and ready to be disposed of, most likely.
That is the premeditation of an experienced killer ... or hunter.
 
Barry is a narcissist and thinks he is above the law and can get away with anything. I just don't understand how people think they are so powerful and important they do not have to follow the rules. He will eventually have to pay for this crime one way or the other. If he is as religious as he says, he should know that God knows and he will some day have to answer to a higher power. If he is innocent (and I don't think anyone except his daughters think he is) he sure is not doing anything to convince anyone he is innocent.

MassGuy I hope you are correct and I am looking forward to a new prosecution team who hopefully has learned from the previous mistakes and they can bring Barry to trial and bring justice to Suzanne.
 
@O.Incandenza (or any other lawyers)

Do you know the score on building probable cause post dismissal? Like can the prosecution rely on all the investigative work to date or do they have to rework everything?

So basically the case becomes the previous case + body + whatever else
 
Judge Lama - Looking for his 15 minutes of fame. He did make some overly unfair rulings against the State. Glad he's gone, we need a new unbiased Judge to preside over this case.
Linda Stanley - Had good intentions I believe, but made some egregious mistakes. She shouldn't be anywhere near a new trial IMO. Too much baggage and speculation at risk.
Suzanne Morphew - Spoke to the winds from Heaven and her remains were found in the name of Justice I firmly believe.
Barry Morphew - Guilty lying sack, thought he was off Scott free, oops there goes his Civil case. Greed and Karma have come home to roost and I believe he will be tried and convicted in the coming year.

I just wonder what IE will do now? I still think she'll rep BM if he has the $$$ to pay. It's nauseating to think about having to see and hear her again, but she's so unlikable and offensive I think that will ultimately work FOR Suzanne. Go ahead IE, knock yourself out and drain every penny BM has left. Leave him broke and locked up in a cage where he belongs.

JMO
 
@O.Incandenza (or any other lawyers)

Do you know the score on building probable cause post dismissal? Like can the prosecution rely on all the investigative work to date or do they have to rework everything?

So basically the case becomes the previous case + body + whatever else
Not a lawyer, but how could new investigators not get everything available to them?
I do think investigators will start fresh and use everything they have PLUS more. Thats what happens in most cold cases I’ve read about. As far as i am concerned, they could use information from the first time he was charged and he would be convicted.
They need two things: A fair and impartial judge and a new prosecutor who wants justice for Suzanne.
 
Judge Lama - Looking for his 15 minutes of fame. He did make some overly unfair rulings against the State. Glad he's gone, we need a new unbiased Judge to preside over this case.
Linda Stanley - Had good intentions I believe, but made some egregious mistakes. She shouldn't be anywhere near a new trial IMO. Too much baggage and speculation at risk.
Suzanne Morphew - Spoke to the winds from Heaven and her remains were found in the name of Justice I firmly believe.
Barry Morphew - Guilty lying sack, thought he was off Scott free, oops there goes his Civil case. Greed and Karma have come home to roost and I believe he will be tried and convicted in the coming year.

I just wonder what IE will do now? I still think she'll rep BM if he has the $$$ to pay. It's nauseating to think about having to see and hear her again, but she's so unlikable and offensive I think that will ultimately work FOR Suzanne. Go ahead IE, knock yourself out and drain every penny BM has left. Leave him broke and locked up in a cage where he belongs.

JMO

IE loves to argue this: "her client is locked up in a cage." Oh man, the irony... :rolleyes:
 
Update: BM received a little reprieve from the Federal Court until spring:

last docket entry #111 at 11/8/23.

10/25/23: Court granted the Motions for defendants Burgess, Plackner, and Carricato (CCSO) dismissed without prejudice.

11/2/23: Court granted BM Motion for extension of time to reply to defendants responses until March 29, 2024.

11/5/23: Court ordered discovery on this case STAYED pending the outcome of the Motions to Dismiss.
 
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