Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #114

[Ontario Mom]

I'd love to see the case re-filed by Kelly tomorrow! But I am very sure DA Kelly will wait to see the judge's decision on motions to dismiss (on the grounds of immunity) filed in Morphew's civil suit. If any of the claims remain after that decision, she will want to see what Morphew's responses are to interrogatories, requests for admission, requests for documents, and deposition questions.

My question if the case moves forward is, will the civil defendants offer to include questions Kelly might want answered, to fill in her mosaic of evidence (some call it a "wall of evidence") and to lock Morphew into a story told under oath? And how will she respond to that offer?

Unfortunately, all that will take time to resolve even if the civil case is dismissed. Fortunately, there is no statute of limitations on murder. And, if Colorado passes the no-bond-for-murderers amendment to the state constitution by the time he's charged, he probably won' t be able to bond out while the new case is pending.

Thanks for explaing it so well. I haven't really followed all of this, yet I am entirely confident Barry Morphew will face justice for what he did. Sooner rather than later would be ideal, but it's coming either way.

jmo

 

[Seattle1]

Unfortunately, all that will take time to resolve even if the civil case is dismissed. Fortunately, there is no statute of limitations on murder. And, if Colorado passes the no-bond-for-murderers amendment to the state constitution by the time he's charged, he probably won' t be able to bond out while the new case is pending.

^^rsbm

I believe the pending Amendment to the Colo Constitution only struck the language (i.e., 'capital murder') but retained the exception provision of no bond WHEN proof is evident or presumption great. Let's hope the DA satisfies the PEPG burden the second time around!

Constitutional Bail Exception First Degree Murder | Colorado General Assembly

leg.colorado.gov

 

[Waxahachie1]

..aye.. and she'll try finding a way to blame Linda Stanley for this too..

Turner is responsible for the decisions she made that led to this.
There were a million options available to her at the time which did not involve setting psychoboy free to kill again.

She made her choices, now she must pay the price.

With great respect, I disagree.

There is some prosecutorial behavior that so damages the system of justice that dismissal of the case is the only remedy.

In another recent high profile case, the judge has dismissed the case against Alec Baldwin because the prosecution failed to disclose their possession of bullets (from a training session?) that were brought to the set - bullets that matched the one that killed Halyna Hutchens.

After the jury was selected and jeopardy attached, the defense attorneys brought up the question why the evidence was not disclosed to the defense. The answer of the witness - "It was not my responsibility to do so." The defense filed a motion to dismiss and for sanctions on the grounds of discovery violations, which the judge granted. The evidence may well have proved to irrelevant, but it could also be exculpatory. It could also show a negligent investigation (What else did they miss?) Relevance was not the prosecutor's call, and she may well face sanctions as an attorney.

Cases do get dismissed when prosecutors make mistakes that call into question the integrity of the system. But the denial of justice for the victims is the prosecutor's responsibility, not the judge's IMO.

All MOO.