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

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My thanks to all of you keeping up with this case. I can at least read some of the posts you all have written. I currently have a bad case of Covid. Not fun. Just recovered from breaking my right hand in a fall. Three months before, I fell and fractured my spine. Three months before that, I had a total knee replacement. If you are are fit enough to get in shape and strengthen your bones i would advise it. Thee surgeries in six months time is awful. Then to be followed by Covid. Ugh.
I now know why it is said getting old isn’t for sissies.
So I wonder when the judge will rule. I’m waiting. And I would sure appreciate a notice if it all blows up. We have all been watching and waiting. Far too long now.
Lots of hugs heading your way! :)
 


Fave comment by Judge Domenico

Judge Domenico argued that omission of the DNA result “doesn’t make it unconstitutional. Lots of things get left out.”

Moo
My very favourite comment in this case was Agent Grusing to Barry Morphew: "You won't be wrongly arrested". :)
 
I doubt it. She’s made a lot of money, and she was successful in forcing the dismissal of the first case.

Even if she winds up losing she’ll still have the name recognition.
I tend to agree. If anything it cements her as a fighter. Probably a desirable defense trait in an attorney for some clients.
 
Of note:

"Domenico did not rule immediately on law enforcement’s motion to dismiss Morphew’s lawsuit. He said that it will be several weeks before he decides."



Thanks - I will add that to my notes! :)
 
I'm finding it hard to locate the definition of qualified immunity in Colorado.The link below seems to speak only to police officers and does limit their qualified immunity...other searching seems to imply that the max amount that they can be liable for is $25,000. So it will be interesting how the judge rules and for which or all defendants in the civil suit. https://leg.colorado.gov/sites/default/files/law_enforcement_liability_0.pdf
 
I thought they didn't find any in the home. If not, they don't have anything to sample from.
I recall differently. I believe it was the packaging at best-- sufficient for the lot number and identifying the Vet -- and how we learned it would have been expired serum.

I don't believe they found any vial(s) of serum but BM also told investigators he could have thrown this away in Broomfield following his clean sweep of the work bench. Also, we have BM's word he last used BAM early spring when he shot game from the breezeway.

Personally, I've long believed BM was concerned they found BAM in the Broomfield area trash run and why he did not deny he used it and when. MOO
 


Fave comment by Judge Domenico

Judge Domenico argued that omission of the DNA result “doesn’t make it unconstitutional. Lots of things get left out.”

Moo

The liberty taken by the plaintiff in their complaint was astounding to me!

Seeking to apply the rules of Discovery to the AA was as ridiculous of alleging the page length of the AA was unprofessional conduct! There are no rules in the Colorado limiting the page count of an AA but there are rules here where the defendants in this civil suit had to seek permission from the court to exceed the pages (word count) when responding to Barry's 180 + pg civil complaint. MOO
 

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