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

[MassGuy]

https://www.courthousenews.com/colorado-prosecutors-sheriff-ask-federal-judge-for-immunity-from-a-widowers-malicious-prosecution-claims/

At a motions hearing at the Alfred Araaj U.S. Courthouse in downtown Denver Wednesday, defense attorneys asked U.S. District Judge Daniel Domenico to apply absolute and qualified immunity and toss the case.

Representing Deputy District Attorney Jeff Lindsay, defense attorney William O’Connoll of Wells Anderson, argued, “Mr. Lindsay is alleged to have taken an active hand in drafting the arrest warrant affidavit, which is part and parcel of his role as an advocate the court, it’s part of the judicial process, and it relies on his professionalism judgment for what to include, what not to include.”

Morphew’s attorney, Iris Eytan, urged Domenico look beyond the shield of immunity and hold the actors responsible for supporting a faulty arrest, but the Donald Trump appointee declined.

“You understand I’m just here at the bottom rung and I apply the law set in precedent, so if you are trying to preserve your argument for a higher court, you’ve done it,” Domenico said. “Immunity is something we’re going to have to deal with.”

Analyzing the warrant in question, Domenico said he could see it supporting probable cause for an arrest, but postulated the question should be answered by a judge, not a jury.

 

[Seattle1]

More from @MassGuy quoted link:

“You are not a potted plant, you have a low bar to find whether or not the case survives qualified immunity,” explained Hollis Whitson, also on behalf of Morphew. “All the court needs to do is decide whether we have sufficiently alleged violations. and could a jury make the determination that there was probable cause lacking.”

[Domenico is hardly going to overrule Judge Murphy on probable cause! On what standing?]

As evidence of probable cause, police pointed to “what was believed to be a needle cover to a syringe, by itself at the bottom of the empty clothes dryer.” Not only was the cap not really associated with Morphew’s tranquilizer guns, he argues, he hadn’t filled a prescription for animal tranquilizer in years — facts not disclosed in the arrest warrant.

[Infuriates me how IE can leave out BM's own words that he tranq'd a deer to cut the horns weeks before SM disappeared. Not filling an Rx is not the same as having the serum on hand].

When filing for an arrest warrant however, investigators failed to disclose the fact that DNA found in the house and Suzanne’s car was linked to two other unsolved sex offenses in Arizona. Local law enforcement also relied on questionable GPA [GPS drift] data despite being cautioned against it by the federal investigators, Morphew claims.

[..]

Domenico did not indicate how he would decide the motions before him but promised a written order in the coming weeks.

 

[MassGuy]

More from @MassGuy quoted link:

“You are not a potted plant, you have a low bar to find whether or not the case survives qualified immunity,” explained Hollis Whitson, also on behalf of Morphew. “All the court needs to do is decide whether we have sufficiently alleged violations. and could a jury make the determination that there was probable cause lacking.”

[Domenico is hardly going to overrule Judge Murphy on probable cause! On what standing?]

As evidence of probable cause, police pointed to “what was believed to be a needle cover to a syringe, by itself at the bottom of the empty clothes dryer.” Not only was the cap not really associated with Morphew’s tranquilizer guns, he argues, he hadn’t filled a prescription for animal tranquilizer in years — facts not disclosed in the arrest warrant.

[Infuriates me how IE can leave out BM's own words that he tranq'd a deer to cut the horns weeks before SM disappeared. Not filling an Rx is not the same as having the serum on hand].

When filing for an arrest warrant however, investigators failed to disclose the fact that DNA found in the house and Suzanne’s car was linked to two other unsolved sex offenses in Arizona. Local law enforcement also relied on questionable GPA [GPS drift] data despite being cautioned against it by the federal investigators, Morphew claims.

[..]

Domenico did not indicate how he would decide the motions before him but promised a written order in the coming weeks.

This infuriates me: DNA found in the house and Suzanne’s car was linked to two other unsolved sex offenses in Arizona.

The only “sex offender” DNA, was on the glovebox. No matching samples were found anywhere or on any item.

 

[Seattle1]

“You understand I’m just here at the bottom rung and I apply the law set in precedent, so if you are trying to preserve your argument for a higher court, you’ve done it,” Domenico said. “Immunity is something we’re going to have to deal with.”

This is Gold. Save the latter for your political aspirations, IE.

 

[MassGuy]

https://twitter.com/x/status/1826403634655162782

 

[MassGuy]

Morphew case is ongoing, new prosecutor states

Lawyers for 19 law enforcement officers who worked on the arrest and failed prosecution of Barry Morphew made their various cases for dismissal of a lawsuit the widower filed against them in federal court Wednesday.

denvergazette.com

-But it wasn’t the attorneys’ arguments that caught people’s attention during the nearly three-hour motions hearing.

Instead, it was comments made by the presiding judge.

In questioning Morphew’s attorneys, Judge Domenico stated several times that Barry Morphew is "still being investigated” for the alleged murder of his wife, Suzanne, who disappeared Mother’s Day weekend 2020. It was a statement which appeared to catch Morphew's attorneys off guard, considering the case was dismissed without prejudice on the eve of trial in April 2022.

Morphew walked out of the courthouse a free man and has always maintained that he did not kill his wife.

Domenico's statements led Morphew civil attorney Jane Fisher-Byrialsen to take issue, noting at the hearing’s close that new lead prosecutor Anne Kelly has told her in phone conversations that the Morphew investigation is a cold case.

“This means there is no suspect,” said Byrialsen addressing the judge. “I want to be very clear. You said Barry Morphew is under investigation. This is irrelevant and not true.”

When asked about Fisher-Byrialsen’s comments, Kelly told The Denver Gazette in an email statement that “the investigation into the remains of Suzanne Morphew is ongoing. The 12th Judicial District Attorney’s office is assisting with that investigation.”

-As to the reference to the Morphew case as “cold,” she added that guidance from her office and the Colorado Department of Criminal Justice “designated this ongoing investigation as a ‘cold case.' That phrase is specifically defined in the Colorado Victims’ Rights Act.” She added that the cold case designation is used “narrowly by the investigation team” to guide their decision-making around the release of information.

 

[Seattle1]

Domenico's statements led Morphew civil attorney Jane Fisher-Byrialsen to take issue, noting at the hearing’s close that new lead prosecutor Anne Kelly has told her in phone conversations that the Morphew investigation is a cold case.

More gold!!

As if any sitting DA wants a working relationship, open line of communication, with IE, et., al when BM's defender founded an organization for the purpose of taking down Prosecutors! Nope. IE further attacked Hurlbert at today's hearing. Kelly's not falling for that trap to even take his teams phone calls! Good on her. MOO