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

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So - no more David Fisher as reported on the 2nd quote I posted. Added Whitsen instead - correct? TIA!

I believe Fisher is from the named firm of Fisher & Byrialsen, PLLC.

But Hollis Whitsen of Samler & Whitsen, PC should be included- they are entry #8 on the docket, filed notice of appearance on May 17, 2023. Unless they filed notice to withdraw, don't remove them.

Also, the docket (MEDIA ONLY) is current as of Aug 8, 2024 and I don't plan to pull the docket for update until sometime after the 8/21 hearing. (After your vacation). :)

 
Yes, except you don't always have to pay a civil attorney ,upfront, to rep you in a big huge lawsuit. You just have to agree to handover 40 to 70% of the winnings at the verdict. If you can pay up front it is a much better deal of course.

But if not, if the attorneys feel you have a decent chance of winning big, they will do the upfront work for little or no fee, in exchange for a HUGE percentage in the end.
A contingency fee must always be reasonable in every jurisdiction in the United States. No state that I know of considers a fee of 70% reasonable. 33-45% is the average. 50% is an extremely high contingency fee; anything over would be considered unreasonable.

 
I believe Fisher is from the named firm of Fisher & Byrialsen, PLLC.

But Hollis Whitsen of Samler & Whitsen, PC should be included- they are entry #8 on the docket, filed notice of appearance on May 17, 2023. Unless they filed notice to withdraw, don't remove them.

Also, the docket (MEDIA ONLY) is current as of Aug 8, 2024 and I don't plan to pull the docket for update until sometime after the 8/21 hearing. (After your vacation). :)


Ok - left David Fisher on there.

And I shall go over to the Media thread & make sure I have those updates. And okay on updating after I get back! And THANKS! :)
 
A husband taking notes from Barry M. & legions of other murderous spouses?

Dee Warner. "Missing" Wife, 52 yo, mother of 5, since April 2021, gone from family farm in MI. after fight w spouse; her phone, purse, vehicle,& her possessions left at home; her bank a/c not accessed, no debit or credit cards used in the following months; yadda, yaddaa.
Her husband told LE she "probably went to Jamaica or Mexico."

^^^ Sound familiar?^^^ Plus other similarities. Seems many follow the tried & true spouse-killing approaches of others w the same old stories but overlook the ensuing convictions.

A break in last few days? LE removed human remains on the farm, from a sealed, empty TANK meant for anhydrous ammonia, which is used as fertilizer for crops. Possibly a page from Chris Watts body-disposal method in CO. in 2018, however the MI. remains are not yet officially, positively confirmed as Dee W.

WS thread on ^ case:

Back to Suzanne. And hopefully arrest of her killer in the near future.
 
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I looked up the judge who is hearing the dismissal motions on the 21st, and this does not bode well for a timely decision. His name is Daniel Domenico, and he was the worst of the worst at the time of publication.


Good news -- seems there's been an improvement on the backlog since January 2024 report!

 
While I would love to see Bury charged and arrested sooner than later, I am glad they are taking their time to get it right and dot every i and cross every t.

It's good to know there is no Statute of Limitations on Murder charges in Colorado.

#JUSTICEFORSUZANNE

JMO
 
Anybody catch the new release on Netflix about of American Murder -- Laci Peterson?

I was taken back by the similarities between the Peterson and Morphew case!

For example...

Peterson was also granted a change of venue to a small, Prosecution team from San Mateo, and they were clearly no match to celebrity Defense Attorney Mark Geragos.

A Judge was replaced because the team claimed the presiding Judge was biased against them.

Like IE, defense Attorney Mark G pontificates at every possible opportunity.

At trial, defense attacked the investigators-- in an effort to discredit the circumstantial evidence.

Peterson trial also wasn't streamed/televised so trial watchers were dependent on the reporters attending the trial for details.

The first witness (lead detective) told the producers how defense attorney Mark G was actually screaming at him during cross examination to "look at me" when responding to his questions (versus facing the jurors when the witness spoke). He knew Mark was trying to rattle him but still...

As if from IE's playbook, Mark worked his way to mislead the Court and jurors on a Friday afternoon --ending the trial day with misleading information until the next Tuesday when the witness could testify and/or clarify his testimony about his police report under redirect.

Here, the lead detective used an audio recorder to take notes that he used to prepare his official, signed, police report. During discovery, Defense obtained both a transcript of the detective's audio recorder and the written report and compared the two, line by line. During cross examination, Mark accused the lead detective of intentionally failing to disclose information in his signed police report that was beneficial to his client. (A hearsay statement made in his audio was omitted from his written report).

During redirect, four days later, the lead detective clarified that his audio cited a grapevine rumor that Laci may have stopped to use the restroom of a neighbor. But on the same day of his audio record, he learned another detective actually talked to the restroom neighbor and took her statement which he included in his written police report. In other words, it was not hearsay to this detective and this restroom information was shared with the defense on the same date! No brady violation and no info ever withheld from the defense!

Detective told producers cached MSM of his testimony from that Friday continues to repeat the misinformation by Garagos to this date. Sound familiar?

Lastly, I had to laugh at one point when I realized IE and Garagos even walk alike -- they have the same gait when walking to/from the Courthouse! MOO

 
Anybody catch the new release on Netflix about of American Murder -- Laci Peterson?

I was taken back by the similarities between the Peterson and Morphew case!

For example...

Peterson was also granted a change of venue to a small, Prosecution team from San Mateo, and they were clearly no match to celebrity Defense Attorney Mark Geragos.

A Judge was replaced because the team claimed the presiding Judge was biased against them.

Like IE, defense Attorney Mark G pontificates at every possible opportunity.

At trial, defense attacked the investigators-- in an effort to discredit the circumstantial evidence.

Peterson trial also wasn't streamed/televised so trial watchers were dependent on the reporters attending the trial for details.

The first witness (lead detective) told the producers how defense attorney Mark G was actually screaming at him during cross examination to "look at me" when responding to his questions (versus facing the jurors when the witness spoke). He knew Mark was trying to rattle him but still...

As if from IE's playbook, Mark worked his way to mislead the Court and jurors on a Friday afternoon --ending the trial day with misleading information until the next Tuesday when the witness could testify and/or clarify his testimony about his police report under redirect.

Here, the lead detective used an audio recorder to take notes that he used to prepare his official, signed, police report. During discovery, Defense obtained both a transcript of the detective's audio recorder and the written report and compared the two, line by line. During cross examination, Mark accused the lead detective of intentionally failing to disclose information in his signed police report that was beneficial to his client. (A hearsay statement made in his audio was omitted from his written report).

During redirect, four days later, the lead detective clarified that his audio cited a grapevine rumor that Laci may have stopped to use the restroom of a neighbor. But on the same day of his audio record, he learned another detective actually talked to the restroom neighbor and took her statement which he included in his written police report. In other words, it was not hearsay to this detective and this restroom information was shared with the defense on the same date! No brady violation and no info ever withheld from the defense!

Detective told producers cached MSM of his testimony from that Friday continues to repeat the misinformation by Garagos to this date. Sound familiar?

Lastly, I had to laugh at one point when I realized IE and Garagos even walk alike -- they have the same gait when walking to/from the Courthouse! MOO

That sure does sound familiar.

I hope one day to see what would be the greatest similarity of all:
Barry convicted.
Sentenced to LWOP

jmo
 
Anybody catch the new release on Netflix about of American Murder -- Laci Peterson?

I was taken back by the similarities between the Peterson and Morphew case!

For example...

Peterson was also granted a change of venue to a small, Prosecution team from San Mateo, and they were clearly no match to celebrity Defense Attorney Mark Geragos.

A Judge was replaced because the team claimed the presiding Judge was biased against them.

Like IE, defense Attorney Mark G pontificates at every possible opportunity.

At trial, defense attacked the investigators-- in an effort to discredit the circumstantial evidence.

Peterson trial also wasn't streamed/televised so trial watchers were dependent on the reporters attending the trial for details.

The first witness (lead detective) told the producers how defense attorney Mark G was actually screaming at him during cross examination to "look at me" when responding to his questions (versus facing the jurors when the witness spoke). He knew Mark was trying to rattle him but still...

As if from IE's playbook, Mark worked his way to mislead the Court and jurors on a Friday afternoon --ending the trial day with misleading information until the next Tuesday when the witness could testify and/or clarify his testimony about his police report under redirect.

Here, the lead detective used an audio recorder to take notes that he used to prepare his official, signed, police report. During discovery, Defense obtained both a transcript of the detective's audio recorder and the written report and compared the two, line by line. During cross examination, Mark accused the lead detective of intentionally failing to disclose information in his signed police report that was beneficial to his client. (A hearsay statement made in his audio was omitted from his written report).

During redirect, four days later, the lead detective clarified that his audio cited a grapevine rumor that Laci may have stopped to use the restroom of a neighbor. But on the same day of his audio record, he learned another detective actually talked to the restroom neighbor and took her statement which he included in his written police report. In other words, it was not hearsay to this detective and this restroom information was shared with the defense on the same date! No brady violation and no info ever withheld from the defense!

Detective told producers cached MSM of his testimony from that Friday continues to repeat the misinformation by Garagos to this date. Sound familiar?

Lastly, I had to laugh at one point when I realized IE and Garagos even walk alike -- they have the same gait when walking to/from the Courthouse! MOO

I kept up with the trial daily on cable with Catherine Crier. I was standing in my living room when he was given the death penalty and remember cheering, all by myself. Cameras were outside the courthouse with lots of onlookers cheering. When I think of standing and cheering that someone was given the death penalty it makes me very sad. That is nothing to cheer about. But he was clearly guilty. Laci and Connor deserved to live and she loved Scott.
 
I kept up with the trial daily on cable with Catherine Crier. I was standing in my living room when he was given the death penalty and remember cheering, all by myself. Cameras were outside the courthouse with lots of onlookers cheering. When I think of standing and cheering that someone was given the death penalty it makes me very sad. That is nothing to cheer about. But he was clearly guilty. Laci and Connor deserved to live and she loved Scott.
Watching the Netflix docuseries, I was thinking how I have no memory of the punishment phase or when he was sentenced to death. I do recall when he was found guilty. Jan 17, 2006 was the last death row execution in CA. What is also sad is that Laci has been gone for almost as long as she lived. :(
 
Watching the Netflix docuseries, I was thinking how I have no memory of the punishment phase or when he was sentenced to death. I do recall when he was found guilty. Jan 17, 2006 was the last death row execution in CA. What is also sad is that Laci has been gone for almost as long as she lived. :(
What was heartbreaking for me was seeing how her mother, brother, dad and stepdad all suffered openly. They loved her so much. Yet the one who took vows to protect and love her took her life away. Sounds like Barry, doesn’t it?
 
Parallels w Laci Peterson case?
Anybody catch the new release on Netflix about of American Murder -- Laci Peterson?

I was taken back by the similarities between the Peterson and Morphew case!

For example...
....
Lastly, I had to laugh at one point when I realized IE and Garagos even walk alike -- they have the same gait when walking to/from the Courthouse! MOO
snipped for focus @Seattle1 You nailed sooo many. TYVM :) for link.

While watching Netflix episode 1 of 3, it occurred to me that both Scott Peterson & Barry Morphew initially ginned up similar sounding stories about how their wives were on innocuous sounding activities just before they "went missing."

Scott: Laci took dog for a walk in a park that morning.
Barry: Suzanne was on a bike ride.
Both came up w a classic story: vanished without a trace.

ETA: But the traces were discovered and exposed in court leading to Scott's arrest, trial, and conviction for murdering Laci & Conner.
Hoping the same for Suzanne's killer.
 
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Anybody catch the new release on Netflix about of American Murder -- Laci Peterson?

I was taken back by the similarities between the Peterson and Morphew case!

For example...

Peterson was also granted a change of venue to a small, Prosecution team from San Mateo, and they were clearly no match to celebrity Defense Attorney Mark Geragos.

A Judge was replaced because the team claimed the presiding Judge was biased against them.

Like IE, defense Attorney Mark G pontificates at every possible opportunity.

At trial, defense attacked the investigators-- in an effort to discredit the circumstantial evidence.

Peterson trial also wasn't streamed/televised so trial watchers were dependent on the reporters attending the trial for details.

The first witness (lead detective) told the producers how defense attorney Mark G was actually screaming at him during cross examination to "look at me" when responding to his questions (versus facing the jurors when the witness spoke). He knew Mark was trying to rattle him but still...

As if from IE's playbook, Mark worked his way to mislead the Court and jurors on a Friday afternoon --ending the trial day with misleading information until the next Tuesday when the witness could testify and/or clarify his testimony about his police report under redirect.

Here, the lead detective used an audio recorder to take notes that he used to prepare his official, signed, police report. During discovery, Defense obtained both a transcript of the detective's audio recorder and the written report and compared the two, line by line. During cross examination, Mark accused the lead detective of intentionally failing to disclose information in his signed police report that was beneficial to his client. (A hearsay statement made in his audio was omitted from his written report).

During redirect, four days later, the lead detective clarified that his audio cited a grapevine rumor that Laci may have stopped to use the restroom of a neighbor. But on the same day of his audio record, he learned another detective actually talked to the restroom neighbor and took her statement which he included in his written police report. In other words, it was not hearsay to this detective and this restroom information was shared with the defense on the same date! No brady violation and no info ever withheld from the defense!

Detective told producers cached MSM of his testimony from that Friday continues to repeat the misinformation by Garagos to this date. Sound familiar?

Lastly, I had to laugh at one point when I realized IE and Garagos even walk alike -- they have the same gait when walking to/from the Courthouse! MOO


Thank you for this comparison list. It is very reassuring to read, as I didn’t remember about the change of venue and judge. I do remember Garagos and how arrogant he seemed, which was aggravating because, like BM, it was evident that SP was guilty of his wife’s disappearance and murder.

Reading your post reinforced, for me, that once a jury hears everything about BM’s murderous odyssey, he, too, will be found guilty. There’s just So Much Evidence—direct and circumstantial—that even a whirling dervish like IE will be powerless against it.
 
Here's the link to Judge Domenico's calendar. It appears 16 of the defense attorneys were noticed so I think some of the defendants may also be present to hear their attorney argue for dismissal on their behalf.

The Court has limited the hearing to two hours. I'm not sure how they will divide up the 120 minutes. It doesn't follow for the plaintiff to receive 60 minutes and the 16 defendants each carve out about 3.5 minutes. But no doubt, this would be IE's argument! We've seen this before. JMO


ETA: Appears oral arguments can't exceed 15 mins for each party...

(iv) Hearing Length. Unless specially ordered, not more than 15 minutes shall be allowed for each party for oral argument on any motion.

Local Rules..
 
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Okay - this is going to be a long one - have not posted this in awhile & I will shorten it up now.

Wednesday, August 21st:
*Motions Hearing (@ 9:30am MT) - CO - U.S. District Court - District of Colorado (Denver) – Barry Lee Morphew (55/now 56) vs. Chaffee County et al. seeking $15M for a wrongful arrest filed on 5/3/23. Civil #: 1:23-cv-01108-DDD-SKC Appeals Judge Daniel D. Domenico for appeals.
Assigned to: Magistrate Judge S. Kato Crews / reassigned to visiting Magistrate Judge James P. O'Hara.
Cause: 42:1983 Civil Rights Act; Date Filed: 05/02/2023; Jury Demand: Plaintiff; Jurisdiction: Federal Question. Plaintiff: Barry Morphew, represented by Jane Holse Fisher-Byrialsen, lead attorney, David Fisher, Hollis Whitson & Iris Eytan.
COMPLAINT against All Plaintiffs filed by Barry Morphew. (Attachments: #1 Exhibit A) (Fisher-Byrialsen, Jane) (Entered: 5/2/23); Advisory notice of noncompliance with Court rules/procedures; Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) & 4.3(a) of the Electronic Case Filing Procedures (Civil cases). Do not refile the document. In the future, the filer must affix an electronic s/signature & s/followed by a typed, not an inked, signature to all future documents. Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued.
Defendants: Chaffee County, CO., Board of County Commissioners of Chaffee County, CO., Chaffee County Sheriff’s Dept., DA Linda Stanley, in her individual & official capacity, Chaffee County Sheriff John Spezze, in his individual & official capacity, Chaffee County Undersheriff Andrew Rohrich, 11th Judicial DA’s Office Investigator Alex Walker, Deputy DA Jeffrey Lindsey, Deputy DA Mark Hurlbert, Chaffee County Sheriff’s Detective Robin Burgess’ case dismissed on 10/25/23, Chaffee County Sheriff’s Deputy Randy Carricato’s case was dismissed on 10/25/23, Chaffee County Sheriff’s Deputy Scott Himschoot, Chaffee County Sheriff’s Sergeant Claudette Hysjulien’s case was dismissed without prejudice on 4/17/24, Chaffee County Sheriff’s Sergeant William Plackner’s case was dismissed on 10/25/23, Colorado Bureau of Investigation Director John Camper, Colorado Bureau of Investigation Agents Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis, Colorado Bureau of Investigations Deputy Director of Investigations Chris Schaefer, FBI Agent Jonathan Grusing & Agent Kenneth Harris‘ cases were dismissed with prejudice on 3/27/24, John/Jane Does 1-10 & other unknown employees of the 11th Judicial District Attorney & other unknown officers of the Chaffee County Sheriff's Dept.
Re BOLD – motions to dismiss filed (3/29/24) by Morphew. Some have been dismissed with or without prejudice.
Judge Daniel D. Domenico presiding.

For Claims 1 thru 13 break-down see post #862 here:
https://www.websleuths.com/forums/t...se-dismissed-w-o-prejudice-106.675247/page-44Found Deceased - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

5/2/23 Update: Morphew has filed a $15 Million lawsuit against 11th Judicial DA Linda Stanley & members of her staff, the Chaffee Co. Sheriff, numerous FBI & CBI investigators & Chaffee Co. Commissioners alleging his civil rights were violated. He cites wrongful arrest, jail & prosecution. Filed on 5/2/23 U.S. District Court - District of Colorado; District of Colorado (Denver). Civil docket #1:23-cv-01108-KLM; Assigned to: Magistrate Judge Kristen L. Mix. In the 185-page filing - which demands $15million in damages - accused Chaffee County Sheriff John Spezze & figures such as Undersheriff Andy Rohrich, and 17th Judicial District Attorney Linda Stanley & Prosecutor Mark Hulbert of 'conspiring to withhold & fabricate evidence for a crime he 'didn't commit.' Mophew filed a federal lawsuit against Chaffee County Sheriff's office for 'irreparably' tarnishing his 'name & reputation' after his arrest in 2021. Also in the 185-page complaint claims that the authorities conspired to wrongly arrest Morphew, that they fabricated evidence, concealed exculpatory evidence & conducted a reckless investigation, all which led to Morphew being wrongly prosecuted.
5/5/23 Update: Docket #5: Minute Order. The deadline to file the Consent/Non−Consent to US Magistrate Judge Jurisdiction form [#4] is 8/15/23 by Magistrate Judge Kristen L. Docket #6: Order setting scheduling/planning conference by Magistrate Judge Kristen L. Mix on 5/5/23. Proposed Scheduling Order due 8/22/23 Scheduling Conference set for 8/29/23 11am in Courtroom A 401 before Magistrate Judge Kristen L. Mix. 5/11/23: Docket #7: Notice of Entry of Appearance by Scott Aaron Neckers on behalf of Joseph Cahill. Attorney Scott Aaron Neckers added to party Joseph Cahill. 5/17/23 Docket #8: Notice of Entry of Appearance by Hollis Ann Whitson on behalf of All Plaintiffs Attorney Hollis Ann Whitson added to party Barry Morphew.
8/14/23: [#49] Unopposed MOTION for Extension of Time to extend the deadline to submit a proposed scheduling Order & reset the Court's Scheduling Conference by plaintiff Morphew. (Fisher-Byrialsen, Jane). 8/22/23: [#73] MINUTE ORDER. Given the reassignment of this case to District Judge Domenico & Magistrate Judge Crews, IT IS HEREBY ORDERED that the Scheduling Conference set for 8/29/23 before Magistrate Judge Starnella & the 8/22/23 deadline to file a Proposed Scheduling Order are VACATED. by Magistrate Judge Kathryn A. Starnella on 8/22/23.
8/25/23 Update: See post #792 here for Summons served, motions, etc. from 7/31/23 thru 8/25/23 (Dkt #12-79).
https://www.websleuths.com/forums/t...ne-no-discussion.521590/page-40#post-18492135

9/5/23 Update: #81-ORDER: For the sake of efficiency, the Court GRANTS all pending Motions for Extension of Time to answer or Otherwise respond & resets all Defendants' deadlines for responsive pleadings to October 13, 2023. Should any Defendants file Rule 12 motions as their responsive pleadings, Plaintiff is given leave in advance to seek any extension of time necessary for completing response briefs. It is further Ordered the Telephonic Scheduling Conference is RESET for 10/26/2023 at 10am before Magistrate Judge S. Kato Crews. The proposed Scheduling Order is due seven days in advance.
9/12/23 Update: #82. Notice of Entry of appearance by Courtney B. Kramer on behalf of Mark Hurlbert Attorney Courtney B. Kramer added to party.
9/28/23 Update: Answer by ALL DEFENDANTS (John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Caitlin Rogers, Chris Schaefer, Linda Stanley, Linda (I) Stanley & Alex Walker) to BM's Civil Complaint is due by 10/13/23. On 9/28/23 - Defendants Jeff Lindsey, Alex Walker, Linda Stanley & ALL CBI defendants, filed a Joint Motion for Order to Exceed Word Limit for Their Motions to Dismiss. Generally, a Motion to Dismiss shall not exceed 4,000 words. The Moving Defendants intend to file motions to dismiss all claims asserted against them pursuant to Fed.R.Civ.P. 12(b)(6). Of special note, counsel for Defendants Lindsey & Walker conferred with Plaintiff’s counsel, Jane Byrialsen, regarding the relief requested in the Motion & Ms. Byrialsen objected to the relief requested. 10/03/23: (86) Order Granting 83 Motion to Exceed Word Limit.
10/11/23 Update: (90) NOTICE of Entry of Appearance by Eden R. Rolland on behalf of Scott Himschoot, Claudette Hysjulien. 10/23/23: (92) Minute ORDER: The Scheduling Conference set for 10/26/23 @ 10am in Courtroom C201 before Magistrate Judge S. Kato Crews will now take place IN PERSON. 10/12/23 Update: Motion to Extend Deadline is not opposed by Barry's counsel. On October 12, counsel for Morphew contacted the undersigned & advised that Mr. Morphew is considering the dismissal of certain Chaffee County Defendants. 10/12/23 Update: State's response to Motion for extension of time to file. Wants it extended 60-days to 12/26/23. This one is for FBI Agents Jonathan Grusing & Kenneth Harris' - they're requesting an extension. (91) Extension-granted.

10/13/23 Update: The following defendants timely filed Motions to Dismiss (not to exceed 6500 words as granted by the Court) on/before 10/13/23: (94) Linda Stanley, CBI Employees (95) Mark Hurlbert, (94) Alex Walker & Jeff Lindsey. And (88) unopposed motion - Joseph Cahill-- (Motion to Dismiss for Failure to State a Claim). The following defendants filed Motions to extend the time to Answer or Otherwise Respond to BM's Complaint: Chaffee County et al., filed an unopposed (93) Motion to extend the time to file an Answer to BM's Complaint. (The plaintiff did not oppose the Motion because they are considering dismissing certain Chaffee County defendants). FBI Agents also filed a (91) Motion to extend the time to Answer or Otherwise Respond to BM's Complaint but the plaintiff's attorney failed to respond to the defendant's inquiry whether or not they opposed the Motion.
10/13/23 Update: (96) Minute ORDER re: 84 Motion to Stay Discovery & Vacate Scheduling Conference. Because the response to the Motion to Stay is not due until the Monday before the Scheduling Conference & given the sheer number of individuals who will attend the Conference, the Court concludes the Motion to Stay should be resolved first. Consequently, the forthcoming Scheduling Conference is VACATED & will be reset following either (1) an order denying the Motion; or (2) resolutions of the Motions to Dismiss. 10/13/23: (97) Motion to Dismiss by (CBI) Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. 10/13/23: (98) Motion to Dismiss for Failure to State a Claim by Defendant Joseph Cahill. 10/13/23: (99) Unopposed Motion for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Scott Himschoot, Claudette Hysjulien.
10/18/23 Update: (100) Order Granting #91 Motion for extension of time to answer or otherwise respond; #93 Motion for extension of time to answer or otherwise respond & #99 Motion for extension of time to answer or otherwise respond. The FBI Defendants [#91] must answer or otherwise respond to the complaint on or before December 26, 2023. The "Chaffee County Defendants" listed in ECF No. 93 must answer or otherwise respond to the complaint on or before October 27, 2023. Defendants Himschoot and Hysjulien [#99] must answer or otherwise respond to the complaint on or before November 3, 2023. So Ordered by Judge Daniel D. Domenico on 10/18/23.
10/31/23 Update: The DA who initially filed charges in the Suzanne Morphew case will have to defend herself against a new complaint that alleges misconduct in how she handled it & another case regarding an infant’s death. The complaint, which was filed Monday, claims 11th Judicial DA Linda Stanley launched an investigation into a judge who ruled against prosecutors in the case of Barry Morphew, who was charged with murder in wife Suzanne’s disappearance. It also takes issue with public comments she made about both cases, including to true crime podcasters & the local news media. The complaint also claims Stanley decided to investigate the judge in the case, who issued a series of rulings against prosecutors. The investigation included a decision to interview the presiding judge’s ex-wife to see if he ever abused her.
10/25/23 Update: Motion to Dismiss-granted without prejudice against defendants Randy Carnaco, Robin Burgess & William Plackner (CCSO). 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.
1/17/24 Update: An attorney for the FBI has issued a motion to dismiss a case against 2 agents filed by Morphew in 2023. According to a motion of dismissal document Morphew sued FBI Special Agents Jonathan Grusing & Kenneth Harris. Morphew is seeking damages from the agents’ personal assets through the U.S. Supreme Court case Bivens v. Six Unknown Named Agents. The document claims that Grusing & Harris are immune from personal liability because “Morphew fails to plead non conclusory facts showing that they violated any clearly established constitutional right.” According to the dismissal document, Morphew filed a lawsuit & asserted the following claims against Grusing & Harris: Count 1: Malicious prosecution and unlawful detention, Count 2: Fabrication of evidence, Count 3: Franks claim, Count 4: Conspiracy, Count 6: Failure to intervene & Count 7: Reckless investigation.
1/24/24 Docket update: (120) Reassigning Magistrate Judge:: Due to the recent appointment of Magistrate Judge S. Kato Crews as a U.S. District Judge this case is reassigned to visiting Magistrate Judge James P. O'Hara. 1/30/24: (121) Unopposed Motion for extension of time to file response reply to motion [119-motion to dismiss] to & including 3/29/24 by plaintiff Morphew.
2/2/24 Docket update: (122) Order granting Motion [121] Motion for extension of time to file response. Must be filed on or before 3/29/24, including the response to the motion to dismiss filed by defendants Grusing & Harris signed by Judge Daniel D. Domenico. 2/5/24 {123) Notice of Supplemental authorities re 119 motion to dismiss by defendants Grusing & Harris by Reginald Skinner.
2/15/24 Update: The Attorney Regulation Counsel on Thursday filed a complaint filed against Deputy DA Mark Hurlbert for the 11th Judicial District Attorneys Office accuses him of going along with a plan to investigate the judge presiding over the Morphew case. The complaint, which was filed with the state Supreme Court, accuses Hurlbert of joining an effort by DA Linda Stanley to discredit Judge Ramsey Lama. It also accuses Hurlbert of not disclosing evidence & expert testimony to the defense in the time frame that is required.
3/26/24 Docket update: (124) First MOTION for Leave to File Excess Pages partially unopposed request for additional words in response to Motions to Dismiss filed by Defendant's. Mark Hurlbert Dkt 95 Chaffee County Defendants Dkt 104 Scott Himschoot Dkt 108 & Claudette Hysjulien Dkt 109 by Plaintiff Morphew.
3/27/24 Docket update: (125) NOTICE of Voluntary Dismissal of Party Stipulated Motion to Dismiss Defendants Grusing & Harris by Plaintiff Barry Morphew. (126) ORDER Dismissing Defendants Grusing & Harris. Pursuant to Plaintiff's 125 Stipulated Motion to Dismiss, the claims brought against Defendants Grusing & Harris only are dismissed with prejudice. Given the dismissal of those claims, Defendants Grusing's & Harris's 119 Motion to Dismiss is DENIED AS MOOT. SO ORDERED by Judge Daniel D. Domenico on 3/27/24. (127) ORDER Granting 124 Motion for Leave to file exceed pages. Plaintiff's responses to the motions to dismiss at ECF Nos. 95, 104, 108 & 109 must not exceed 6,000 words each. Replies to any of those motions must not exceed 4,050 words for each reply absent further leave of court. So ORDERED by Judge Daniel D. Domenico on 3/27/24.
3/29/24 Docket update: (128) Stipulated MOTION to Dismiss Party Defendant Hysjulien by Plaintiff Morphew. (129) Response to 87 MOTION to Dismiss Def. Stanley's Motion to Dismiss filed by Plaintiff Morphew. (130) Response to 98 MOTION to Dismiss for failure to state a claim filed by Plaintiff Morphew. (131) Response to 94 MOTION to Dismiss by Walker & Lindsey’s Motion to Dismiss filed by Plaintiff Morphew. (132) Response to 95 MOTION to Dismiss by Defendant Hurlburt’ s Motion to Dismiss filed by Plaintiff Morphew. (133) Response to 97 MOTION to Dismiss Defs. CBI Defendants’ Motion to Dismiss filed by Plaintiff Morphew. (134) Response to 104 MOTION to Dismiss Def. Chafee County Defendants’ Motion to Dismiss filed by Plaintiff Morphew. (135) Response 108 MOTION to Dismiss for Failure to state a claim filed by Plaintiff Morphew.
4/1/24 Docket updates: [136] Response to [97] MOTION to Dismiss Filed by CBI Defendants filed by Plaintiff Morphew. (Attachments: # (1) Amended Certificate of Service for Response to Motion to Dismiss Filed by CBI Defendants)(Fisher-Byrialsen, Jane) [137] Response to [94] MOTION to Dismiss Filed by Walker & Lindsey filed by Plaintiff Barry Morphew. (Attachments: # (1) Amended Certificate of Service for Response to Motion to Dismiss Filed by Walker and Lindsey)(Fisher-Byrialsen, Jane). 4/4/24: [138] Unopposed MOTION for Extension of Time to Submit Reply by Defendant Mark Hurlbert. (Eddy, Jonathan). 4/5/24: [139] Order granting [138] Motion for Extension of Time to File. Defendant Hurlbert may submit a Reply in Support of his Motion to Dismiss any time on or before 4/26/24. SO ORDERED by Judge Daniel D. Domenico on 4/5/24. Text Only Entry. 4/8/24: [140] Unopposed MOTION for Extension of Time to File Response/Reply as to [97] MOTION to Dismiss by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Vilner, Dmitry). [141] Order on Motion for extension of Time to File Response/Reply. Order granting [140] Motion for Extension of Time to File Response/Reply as to [97] MOTION to Dismiss. CBI Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers & Chris Schaefer may submit their Reply in Support of their Motion to Dismiss on or before May 3, 2024. SO ORDERED by Judge Daniel D. Domenico on 4/8/24. Text Only Entry. 4/9/24: [142] Unopposed MOTION for Extension of Time to File Response/Reply as to [104] MOTION to Dismiss by Defendants Board of County Commissioners of Chaffee County, Chafee County Sheriff's Dept., Chaffee County, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas). [143] Unopposed MOTION for Extension of Time to File Response/Reply as to [98] MOTION to Dismiss for Failure to State a Claim by Defendant Joseph Cahill. (Neckers, Scott). [144] Motion for Extension of Time to File Response/Reply Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [87] MOTION to Dismiss by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie). 4/10/24: [145] Unopposed MOTION for Extension of Time to File Response/Reply as to [108] MOTION to Dismiss for Failure to State a Claim by Defendant Scott Himschoot. (Rolland, Eden). [146] Order on Motion for Extension of Time to File Response/Reply. ORDER granting motions: [142] MOTION for Extension of Time to File Response/Reply as to [104] MOTION to Dismiss; [143] MOTION for Extension of Time to File Response/Reply as to [98] MOTION to Dismiss; [144] MOTION for Extension of Time to File Response/Reply as to [87] MOTION to Dismiss; [145] MOTION for Extension of Time to File Response/Reply as to [108] MOTION to Dismiss. Defendants Cahill & Himschoot may file a Reply in Support of their Motions to Dismiss on or before 4/26/24. Defendants Stanley, Chaffee County, Board of County Commissioners of Chaffee County, Chaffee County Sheriffs Dept, Chaffee County Sheriff John Spezze & Chaffee County Undersheriff Andrew Rohrich may file a Reply in Support of their Motions to Dismiss on or before 5/3/24. SO ORDERED by Judge Daniel D. Domenico on 4/10/24. Text Only Entry (dddlc9). 4/15/24: [147] Reply to Response to [94] MOTION to Dismiss filed by Defendants Jeffrey Lindsey, Alex Walker. (O'Connell, William). 4/17/24: [148] ORDER Granting [128] Stipulated Motion to Dismiss Defendant Hysjulien. All claims asserted by the plaintiff against Defendant Claudette Hysjulien are DISMISSED, with each party to bear its own fees & costs. SO ORDERED by Judge Daniel D. Domenico on 4/17/2024. Text Only Entry. 4/26/24: [149] Brief in Support of [95] MOTION to Dismiss filed by Defendant Mark Hurlbert. (Eddy, Jonathan). [150] Reply to Response to [98] MOTION to Dismiss for Failure to State a Claim filed by Defendant Joseph Cahill. (Neckers, Scott). [151] Reply to Response to [108] MOTION to Dismiss for Failure to State a Claim filed by Defendant Scott Himschoot. (Rolland, Eden).
5/3/24 Docket update: {152] Reply to Response to [97] MOTION to Dismiss filed by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Vilner, Dmitry). [153] Reply to Response to [104] MOTION to Dismiss filed by Defendants Board of County Commissioners of Chaffee County, Chafee County Sheriff's Department, Chaffee County, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas). [154] Reply to Response to [87] MOTION to Dismiss filed by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie).
7/19/24 Docket update: [155] Order setting hearing on Docs 87 [Linda Stanley], 94 [Alex Walker & Jeffrey Lindsay], 95 [Mark Hulbert], 97 [CBI], 98 [Cahill], 104 [Board of Commissioners, Chafee County Sheriff’s, etal], 108 [Scott Himschoot] & 109 [Claudette Hysjulien-was already dismissed on 4/17/24]. A 2-hour motion hearing on pending motions to dismiss is set on 8/21/24 @ 9:30am before Judge Daniel D. Domenico. So Ordered by Judge Domenico.
 
Boom! Defense for sheriff’s office just destroyed the argument saying that they were improperly holding evidence. He cites case law, then drops the bomb with some of that evidence being tranquilizer material and the autopsy showing that Suzanne was tranquilized.
 
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