Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #115

[Seattle1]

True that the early arrest wasn't the primary issue, but in some ways it was an underlying issue to the issues that lead to this point. In my opinion it contributed to the poorly written AA, and the general disorganization and lack of planning. There were things that should have been in place prior to the arrest.

^^ Do you really think waiting to arrest BM after the 11th Judicial District had the money, staff, and resources would have made the difference-- given the daughters had just graduated and BM was packing up?

Also, it's long known that Walker attested to the fact both in the affidavit and as a witness at the prelim that he started drafting the AA immediately after SM was reported missing (which was prior to LS being elected DA). LS couldn't be more clear when their office received the actual AA which was following BM's arrest.

Transcript from PE Choir Practice w/LS:

51:58
time but I do have one other kind of I think a pretty interesting question to
52:03
me anyway and that was Linda you had this case for a year talk about that
52:09
well we didn't really have it for a year remember I mean we just arrested him on the fifth
52:15
which I wanted to talk about a little bit by the way anyway but anyway um we arrested him on the fifth so we
52:20
didn't have it for you it wasn't given to our office to begin the prosecution until after he's arrested like I said
52:26
everybody starts sending all their stuff through our Discovery portal and we start going through all of it trying to
52:32
organize it Etc but we're all still have dockets we're all still in court [in four counties] every day as well
52:38
it's important that to remember that as well

She looks like she stepped off the set of Eddie and the Cruisers 40 years too late.

^^Eddie and the Cruisers?? LS made plenty of mistakes as the DA but the fact that her wardrobe after a 16 hour day is a topic here amazes me.

First, the 11th District DA's Office is NOT located in Chaffee County (i.e., Salida) nor does LS reside in the County where BM was arrested -- it just happened to be one of four counties in the District.

But how noble to make fun of LS wardrobe, clothes she chose at 1:30AM--never expecting to address the pubic on that date.

I agree with @steeltowngirl -- "Yay," especially since we know how easy it is for a woman to leave the police force because she has young children she'd prefer to raise, and instead chose to drive a big rig for a US Mail carrier to attend law school at night-- just to throw it all away after serving as a public servant for for barely a decade.

well and you kind of mentioned you wanted to talk a little bit about that
52:44
go back and kind of revisit that for us well I I
52:57
think about that not that I care but it was it was just a little bit in my opinion anyway a little bit
53:03
um misguided so that people know I got a call late that night that the arrest
53:11
affidavit for Barry morphew was signed by the judge so we were going to go get him the next morning
53:16
so I had to set my alarm for 1 30 in the morning to drive up there and then wait for him
53:24
he did not leave at the time we thought he was going to early in the morning so I could have slept in for I don't know
53:30
another four hours or so but it I certainly was not going to be sitting there in a suit and I had no reason to
53:37
believe that it wasn't going to be just like Phillips where we arrested him and then we did the press conference the
53:43
following day but because it was right there on Highway 50. um and when the sun was up
53:50
so by the way you know before we even got back to the Sheriff's Office it was all over the place and so and I I said
53:56
to the public information officer there's no way I'm doing this right now and she said yes you are
54:02
so I did but it was cold that morning so I had my jacket on and I dress comfortable so I just want people to
54:09
know that normally I am in a suit every other time you've seen me but that day was a little different so for those who
54:16
are offended sorry not sorry I'm going to be comfortable at 1 30 in the morning I
54:22
have discovered that there's always someone that will have something to say about everything um and uh and I want you to know having
54:30
worked for prosecutors most of my career uh prosecutors when it's time to get
54:38
down and dirty and get out in the woods and help the officers especially on a
54:43
major case got to be able to get comfortable and go do their job and I was thrilled to see you that way and I

PE CHOIR PRACTICE #50

 

[Lyanna]

Idk why Linda's wardrobe choices are being criticised - it's not why she was disbarred.
Feel bad for her. I don't think she stood a chance from the get go in that office.

Moo

 

[mrjitty]

She tried to prosecute Barry, and failed miserably. I get it. It’s over for her. Not only over for Barry’s case, for all cases. She’s done. She has been disbarred. Her career wiped out. Now we can make fun of her clothing. Yay for us.

Meanwhile, Barry is living it up in Arizona or wherever he is.
He MURDERED his wife.

Seem fair to you?
Not so to me.

I’m angry.
Justice for Suzanne can’t come soon enough.

jmo

I am reassured by this Judgement that the BM case is not much impacted

LS was not disciplined for some discovery violations - that is more incompetence for which you deserve to lose your job.

She got caught leaking, and she went after a judge. Of course she is hardly the only DA in america to leak, but she got caught touching the hot stove. As for going after Lama - that was just dumb and bad and she deserved what she got IMO.

I say this as someone who agrees Judge Lama's decisions were outrageous. But your remedy is to appeal!

 

[Seattle1]

Jayne filed another Supplement Amendment (doc 159) to the CO District US docket on 9/12 -- Attached the 83 pg Opinion/disbarment of LS stating it would have been filed during the 8/21/24 MTD Hearing had it been available.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

www.websleuths.com

 

[mrjitty]

At least this ruling answered one of my main questions from the sanctions

In the motion for reconsideration, the state pointed out that IE had the expert reports all along ----> there was no detriment to BM here as regards the critical digital, CAST and BERLA evidence which was the guts of the case.

But i had wondered why the state was organised enough to show this after the critical hearing, but not at the hearing. We now know that due to failures in identifying critical documents, the state was not able to prove this to the judge, who prefered to go along with IE's claims. So the Judge got hoodwinked basically at the hearing basically, and then it was too late as he refused the reconsideration.

That is quite an epic failure. Indeed by comparison we've seen in the Delphi case how the prosecution has been able to defend against the same strategy by constantly pointing out in back and forth where stuff is, which creates a comms paper trail on these issues.

My uneducated understanding is that at least for these mission critical exhibits, the state sure needed to be able to stand up at the hearing and say to the Judge that IE definitely got these things and here's the paper trail (in the form of Identifier numbers).

So yeah - they simply were too disorganised on some very basic stuff, and didn't get their act together until the motion to reconsider which was some days too late to get on top of things because the Judge was done with it.

MOO

 

[Kemug]

Remember how we were all shattered and dismayed when BM's case was dismissed (albeit without prejudice)? Given what has occurred since then, we can now see how it was for the best. God works in mysterious ways indeed.

 

[girlhasnoname]

^^ Do you really think waiting to arrest BM after the 11th Judicial District had the money, staff, and resources would have made the difference-- given the daughters had just graduated and BM was packing up?

Also, it's long known that Walker attested to the fact both in the affidavit and as a witness at the prelim that he started drafting the AA immediately after SM was reported missing (which was prior to LS being elected DA). LS couldn't be more clear when their office received the actual AA which was following BM's arrest.

Transcript from PE Choir Practice w/LS:

51:58
time but I do have one other kind of I think a pretty interesting question to
52:03
me anyway and that was Linda you had this case for a year talk about that
52:09
well we didn't really have it for a year remember I mean we just arrested him on the fifth
52:15
which I wanted to talk about a little bit by the way anyway but anyway um we arrested him on the fifth so we
52:20
didn't have it for you it wasn't given to our office to begin the prosecution until after he's arrested like I said
52:26
everybody starts sending all their stuff through our Discovery portal and we start going through all of it trying to
52:32
organize it Etc but we're all still have dockets we're all still in court [in four counties] every day as well
52:38
it's important that to remember that as well



^^Eddie and the Cruisers?? LS made plenty of mistakes as the DA but the fact that her wardrobe after a 16 hour day is a topic here amazes me.

First, the 11th District DA's Office is NOT located in Chaffee County (i.e., Salida) nor does LS reside in the County where BM was arrested -- it just happened to be one of four counties in the District.

But how noble to make fun of LS wardrobe, clothes she chose at 1:30AM--never expecting to address the pubic on that date.

I agree with @steeltowngirl -- "Yay," especially since we know how easy it is for a woman to leave the police force because she has young children she'd prefer to raise, and instead chose to drive a big rig for a US Mail carrier to attend law school at night-- just to throw it all away after serving as a public servant for for barely a decade.

well and you kind of mentioned you wanted to talk a little bit about that
52:44
go back and kind of revisit that for us well I I
52:57
think about that not that I care but it was it was just a little bit in my opinion anyway a little bit
53:03
um misguided so that people know I got a call late that night that the arrest
53:11
affidavit for Barry morphew was signed by the judge so we were going to go get him the next morning
53:16
so I had to set my alarm for 1 30 in the morning to drive up there and then wait for him
53:24
he did not leave at the time we thought he was going to early in the morning so I could have slept in for I don't know
53:30
another four hours or so but it I certainly was not going to be sitting there in a suit and I had no reason to
53:37
believe that it wasn't going to be just like Phillips where we arrested him and then we did the press conference the
53:43
following day but because it was right there on Highway 50. um and when the sun was up
53:50
so by the way you know before we even got back to the Sheriff's Office it was all over the place and so and I I said
53:56
to the public information officer there's no way I'm doing this right now and she said yes you are
54:02
so I did but it was cold that morning so I had my jacket on and I dress comfortable so I just want people to
54:09
know that normally I am in a suit every other time you've seen me but that day was a little different so for those who
54:16
are offended sorry not sorry I'm going to be comfortable at 1 30 in the morning I
54:22
have discovered that there's always someone that will have something to say about everything um and uh and I want you to know having
54:30
worked for prosecutors most of my career uh prosecutors when it's time to get
54:38
down and dirty and get out in the woods and help the officers especially on a
54:43
major case got to be able to get comfortable and go do their job and I was thrilled to see you that way and I

PE CHOIR PRACTICE #50

I agree LS's dress attire debate was ridiculous and I doubt it would have happened to a male DA if he had shown up in something similar.

JMO

 

[Seattle1]

At least this ruling answered one of my main questions from the sanctions

In the motion for reconsideration, the state pointed out that IE had the expert reports all along ----> there was no detriment to BM here as regards the critical digital, CAST and BERLA evidence which was the guts of the case.

But i had wondered why the state was organised enough to show this after the critical hearing, but not at the hearing. We now know that due to failures in identifying critical documents, the state was not able to prove this to the judge, who prefered to go along with IE's claims. So the Judge got hoodwinked basically at the hearing basically, and then it was too late as he refused the reconsideration.

That is quite an epic failure. Indeed by comparison we've seen in the Delphi case how the prosecution has been able to defend against the same strategy by constantly pointing out in back and forth where stuff is, which creates a comms paper trail on these issues.

My uneducated understanding is that at least for these mission critical exhibits, the state sure needed to be able to stand up at the hearing and say to the Judge that IE definitely got these things and here's the paper trail (in the form of Identifier numbers).

So yeah - they simply were too disorganised on some very basic stuff, and didn't get their act together until the motion to reconsider which was some days too late to get on top of things because the Judge was done with it.

MOO

Bearing in mind that Crim P. 16 calls for expert disclosures—thirty-five days before trial,
Jury selection was set to begin May 3, 2022, I believe another issue here was advancing the prosecution’s deadline for expert witness disclosures to February 14, 2022 (defense expert disclosures by March 7, 2022. (Nobody seems to remember the tardy defense disclosures).

I recall the case management arguments mid October 2021-- mostly driven by the defense to deviate from the Statutory deadline governed by Crim P. 16!

IMO, IE knew exactly what she was doing with that Order, while half of the prosecution team was working remotely, part-time, with hit and miss access to the Colorado Discovery network (Axon). And then Lindsey was gone, and Murphy was gone by December 30, 2021, and somewhere in the middle Edwards too! SMH...

 

[mrjitty]

Bearing in mind that Crim P. 16 calls for expert disclosures—thirty-five days before trial,
Jury selection was set to begin May 3, 2022, I believe another issue here was advancing the prosecution’s deadline for expert witness disclosures to February 14, 2022 (defense expert disclosures by March 7, 2022. (Nobody seems to remember the tardy defense disclosures).

I recall the case management arguments mid October 2021-- mostly driven by the defense to deviate from the Statutory deadline governed by Crim P. 16!

IMO, IE knew exactly what she was doing with that Order, while half of the prosecution team was working remotely, part-time, with hit and miss access to the Colorado Discovery network (Axon). And then Lindsey was gone, and Murphy was gone by December 30, 2021, and somewhere in the middle Edwards too! SMH...

Yeah I agree this was a strategy all along. As you've noted, IE was trying the same stuff with Judge Murphy. And I am sure you are correct re remote. This was the middle on the Omicron wave.

 

[mrjitty]

More instructive quote from page 53

The majority largely adopts Garnett’s assessments. Respondent was aware, from the timethe sheriff’s office delivered to her office a ten-terabyte hard drive of information, that the sheervolume of disorganized, unlabeled discovery promised to pose a problem for the prosecution.These issues were underscored by Judge Murphy’s order in summer 2021 that the prosecutionteam violated discovery rules. As the People concede, “discovery issues are somewhat commonand straight-forward to resolve,”266 but according to Garnett, Respondent, as the elected districtattorney overseeing this high-profile first-degree murder case, should have immediatelyintervened to assess the problem’s source and scope and then quickly mobilized resources torectify it. Instead, Lindsey testified, Respondent was mostly disengaged from the case until heresigned in October 2021. Even the 4th Judicial District Attorney’s administrative support thatRespondent eventually marshalled began the project of organizing discovery several months laterthan the administrative team’s availability dictated.

BIB - the problem was not that prosecution was too early, but rather than due to the tendency for bulk discovery, the arrest triggered a mass discovery dump from law enforcement into the DA's office. It did not matter when BM was arrested. Rather, as soon as he was charged, the DAs office would only then have to contend with the vast amount of information.

So from Summer '21, LS's office had the task to deal with this issue, but it was simply never correctly resourced until far too late.

As a result, discovery issues, including accusations that the prosecution did not disclosematerial information, continued to plague the prosecution throughout the life of the Morphewcase. Indeed, in the majority’s view, the prosecution never truly had a command of the universeof discovery, which contributed in large measure to its failure to file compliant expertendorsements, Hurlbert’s in-court inability to identify the Bates numbers of expert reports thathad been disclosed in discovery, and Grosgebauer’s difficulties in finding information whendrafting the motion for reconsideration. Considering the progression of the case, Respondent failed to promptly make timely and reasonable efforts to facilitate the prosecution’s compliancewith its disclosure obligations, thereby losing, at a minimum, several precious months that couldhave been spent in labeling and categorizing discovery.

In other words, there never was some conspiracy against BM as alleged by IE. Rather, the prosecution simply failed to organise the discovery universe adequately, and unfortunately the fatal mistake was failing to add the Bates numbers to the expert reports. The reports having been there all along (the critical ones existed before the prelim).

You can see how IE bamboozled the Judge into crippling the case - aided by a prosecution that simply was not organised enough to fight back.

MOO

 

[Love Never Fails]

^^ Do you really think waiting to arrest BM after the 11th Judicial District had the money, staff, and resources would have made the difference-- given the daughters had just graduated and BM was packing up?

Also, it's long known that Walker attested to the fact both in the affidavit and as a witness at the prelim that he started drafting the AA immediately after SM was reported missing (which was prior to LS being elected DA). LS couldn't be more clear when their office received the actual AA which was following BM's arrest.

Transcript from PE Choir Practice w/LS:

51:58
time but I do have one other kind of I think a pretty interesting question to
52:03
me anyway and that was Linda you had this case for a year talk about that
52:09
well we didn't really have it for a year remember I mean we just arrested him on the fifth
52:15
which I wanted to talk about a little bit by the way anyway but anyway um we arrested him on the fifth so we
52:20
didn't have it for you it wasn't given to our office to begin the prosecution until after he's arrested like I said
52:26
everybody starts sending all their stuff through our Discovery portal and we start going through all of it trying to
52:32
organize it Etc but we're all still have dockets we're all still in court [in four counties] every day as well
52:38
it's important that to remember that as well



^^Eddie and the Cruisers?? LS made plenty of mistakes as the DA but the fact that her wardrobe after a 16 hour day is a topic here amazes me.

First, the 11th District DA's Office is NOT located in Chaffee County (i.e., Salida) nor does LS reside in the County where BM was arrested -- it just happened to be one of four counties in the District.

But how noble to make fun of LS wardrobe, clothes she chose at 1:30AM--never expecting to address the pubic on that date.

I agree with @steeltowngirl -- "Yay," especially since we know how easy it is for a woman to leave the police force because she has young children she'd prefer to raise, and instead chose to drive a big rig for a US Mail carrier to attend law school at night-- just to throw it all away after serving as a public servant for for barely a decade.

well and you kind of mentioned you wanted to talk a little bit about that
52:44
go back and kind of revisit that for us well I I
52:57
think about that not that I care but it was it was just a little bit in my opinion anyway a little bit
53:03
um misguided so that people know I got a call late that night that the arrest
53:11
affidavit for Barry morphew was signed by the judge so we were going to go get him the next morning
53:16
so I had to set my alarm for 1 30 in the morning to drive up there and then wait for him
53:24
he did not leave at the time we thought he was going to early in the morning so I could have slept in for I don't know
53:30
another four hours or so but it I certainly was not going to be sitting there in a suit and I had no reason to
53:37
believe that it wasn't going to be just like Phillips where we arrested him and then we did the press conference the
53:43
following day but because it was right there on Highway 50. um and when the sun was up
53:50
so by the way you know before we even got back to the Sheriff's Office it was all over the place and so and I I said
53:56
to the public information officer there's no way I'm doing this right now and she said yes you are
54:02
so I did but it was cold that morning so I had my jacket on and I dress comfortable so I just want people to
54:09
know that normally I am in a suit every other time you've seen me but that day was a little different so for those who
54:16
are offended sorry not sorry I'm going to be comfortable at 1 30 in the morning I
54:22
have discovered that there's always someone that will have something to say about everything um and uh and I want you to know having
54:30
worked for prosecutors most of my career uh prosecutors when it's time to get
54:38
down and dirty and get out in the woods and help the officers especially on a
54:43
major case got to be able to get comfortable and go do their job and I was thrilled to see you that way and I

PE CHOIR PRACTICE #50

Agree with you Seattle. Always have. But I was one of the ones to criticize how she was dressed the day of the arrest. I said it was unprofessional. And I got slammed for my comment, rightly so.
it’s easy to criticize when one doesn’t know the facts. Thank you for standing up for her.

 

[mrjitty]

@Seattle1 This is interesting in the dissent - and accords with our views on Lama's rulings.

(p76)

The decision by Judge Lama to exclude most of the prosecution’s expert witnesses for failing to provide reports was a very harsh sanction in this case. All but four of the reports were within the discovery already provided. Hurlbert did not anticipate an objection or the need to know the Bates numbers of the reports. He clearly testified that he typically does not provide reports a second time when they are in discovery. He testified that he has not had a problem with this practice.

Tends to confirm IE always had the CAST, Berla and other digital evidence.

Indeed, Hurlbert's testimony that his disclosures of experts were consistent with disclosures he has made in multiple other criminal cases is crucial to my belief that his disclosure swere done in the manner that was generally accepted. Judge Lama issued a very harsh ruling and did not allow the prosecution team to supplement the record as requested. While Judge Lama was within his right to exclude these witnesses, this does not rise to the level of an ethical violation in my view. The absence of four reports of the listed potential experts also does not mean that an ethical violation was committed. These witnesses may never be called. In fact, a domestic violence expert was arguably not something that Judge Lama would have allowed the prosecution to call in light of his ruling excluding all of the previous allegations of domestic violence between the victim and the defendant. This is also not a violation of a court order. It is a readily accepted practice that witnesses who are not properly endorsed will probably not be allowed to testify. The prosecution team knew this. Was this a dereliction of duty or ethical violation? I believe not under these circumstances.