Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

[California Dreamin’]

I was thinking the same thing...the case was dismissed w/o prejudice so it can be refiled. It technically is under investigation still (remember they are searching once the snow melts (!) ) so I found this:

The State of Colorado Law On The Return Of Evidence​

The law in Colorado is not crystal clear in this area – but what follows is my analysis of the relevant factors.

The basic rule – return the property!


If a Defendant can make out a bare bones claim (called a prima facie case) that evidence of a seizure of personal property occurred and that the Defendant is the owner of that property, then the burden of proof shifts to the State to prove by a preponderance of the evidence that the items seized were the fruit of an illegal activity or that a connection exists between those items and criminal activity.
---------------

Maybe we will see an actual hearing on the issues of why the State still needs to hold the evidence if indeed that is what the October 25th hearing is about. But its only slated for one hour....

Thanks @legalmomma ! Very curious what this hearing is all about!!

 

[MountainDad]

Court filings for this case showed
8/11/2022- Change of Address BM
8/16/2022- Case Reopened
10/25/2022 Court Date for who knows what on the Colorado Judicial Website. Now all it shows is 10/25/2022 Court Date for the murder case. It would make sense that BM wants evidence seized returned to him since the case was dismissed. LS needs to either file the case or return the evidence- put up or shut up moment.

 

[Seattle1]

Not necessarily...if they seized all his weapons, not all his weapons can be directly connected to the alleged criminal activity. They can only hold for evidence those things that are connected directly from my understanding of the prior post explaining the Colorado statute.

Specific to seizing all weapons in BM's possession after he was charged with murder, please be reminded that the conditions of his bail release during his pending murder trial prohibited BM from possessing any weapons, and he was required to surrender them.

Today, BM stands convicted of forgery in the voter-fraud case after he admitted to casting SM's 2020 ballot to vote for DT. According to BM's negotiated, guilty plea agreement with the State of Colorado, BM received a deferred sentence with supervised parole, and barring a reversal, the deferred judgment does not end until June 21, 2023.

To be clear, this is a felony conviction until June 21. Similar to BM's earlier bond conditions for release, as a felon on probation, BM is prohibited from possessing any weapons or ammunition.

I disagree with OP's interpretation that any return of personal property previously seized by LE for good cause can ignore or set aside rules of probation ordered by the court that are a matter of law. BM's not above the law. Also, we know for certain that at least one gun seized by LE is contraband -- the short rifle, which will never be returned to BM. MOO

Contraband are items that are illegal to possess or were evidence of a crime that cannot be returned (such as weapons).

Colorado Criminal Law – The Return Of Property Seized By The Police

Colorado Criminal Law - The Return Of Property Seized By The Police By H. Michael Steinberg - Colorado Criminal Defense Lawyer - Attorney Colorado Criminal Law - Dismissed - The Return Of [...]

www.colorado-probation-violation-lawyer.com

ETA: Federal law governing a felon in possession of a weapon exclude a muzzleloader and a small quantity of black powder. I believe Colorado honors this as well.

 

[GoBuckeyes]

Retired Judges Must Choose Between Public, Private Jobs

Chief justice draws hard line between courts and high-paying work on civil disputes.

www.latimes.com

IMO A judge retiring and entering private practice creates ethical concerns about profits over justice. Not to mention receiving a pension from the State or Feds while privately practicing law. Imo it should not be allowed.

Just as members of the house shouldn't be permitted to capitalize on their ability to leverage insider knowledge, but I'm not holding my breath on that conflict of interest to me remedied anytime soon either. SMH Sigh....

 

[Seattle1]

Barry Morphew, who cast missing wife’s ballot for Trump, pleads guilty in 2020 voter fraud case

Barry Morphew pleaded guilty Thursday to a forgery charge in a voter-fraud case in which he admitted to casting his missing wife’s 2020 ballot for President Donald Trump.

www.denverpost.com

UPDATED: July 21, 2022 at 5:41 p.m.

Barry Morphew pleaded guilty Thursday to a forgery charge in a voter-fraud case in which he admitted to casting his missing wife’s 2020 ballot for President Donald Trump.

The case before 11th Judicial District Judge Patrick Murphy in Chaffee County is concluded, according to court records. Morphew was fined and assessed court costs of $600. Barring a reversal, the deferred judgment will end on June 21. A review is scheduled for Nov. 28.

He will serve no jail time as part of the plea agreement. His probation is supervised. Should he run afoul of the agreement, Morphew faces up to six years in prison if there are extraordinary or aggravating circumstances.

 

[Seattle1]

Retired Judges Must Choose Between Public, Private Jobs

Chief justice draws hard line between courts and high-paying work on civil disputes.

www.latimes.com

IMO A judge retiring and entering private practice creates ethical concerns about profits over justice. Not to mention receiving a pension from the State or Feds while privately practicing law. Imo it should not be allowed.

I think one needs to refit or acquire new body armor to take up that fight as the line will be long! State Justices, public servants, generally share in the same state retirement system as most state employees and school teachers (PERA) where I think half if not more work second jobs at some point during their lives to also earn a social security base for retirement.

And it's generally the same with career military personnel that go on to retire and take second jobs in the public sector where they secure very good retirements by combining military pensions and social security -- plus they've long enjoyed the Costco-like shopping at the military exchange stores for life and no membership fees!

And I'll stop here. Don't want to ruin my appetite with State Representatives and members of Congress. JMO

 

[Momofthreeboys]

Court filings for this case showed
8/11/2022- Change of Address BM
8/16/2022- Case Reopened
10/25/2022 Court Date for who knows what on the Colorado Judicial Website. Now all it shows is 10/25/2022 Court Date for the murder case. It would make sense that BM wants evidence seized returned to him since the case was dismissed. LS needs to either file the case or return the evidence- put up or shut up moment.

The prosecutor needs to prove the item(s) are evidentiary to the original case I thought. So if they kept items but they were not directly related to the case that was presented the items should have been returned was my understanding.

 

[Ontario Mom]

Court filings for this case showed
8/11/2022- Change of Address BM
8/16/2022- Case Reopened
10/25/2022 Court Date for who knows what on the Colorado Judicial Website. Now all it shows is 10/25/2022 Court Date for the murder case. It would make sense that BM wants evidence seized returned to him since the case was dismissed. LS needs to either file the case or return the evidence- put up or shut up moment.

Can you share the specific link where you found all this?

 

[Love Never Fails]

When is BM going to prison for life? If they haven’t found her body then charge him and use the evidence they have now. This has gone on long enough. This murderer needs to be locked up. I’m so frustrated by all these cases.

 

[Seattle1]

Docket for: Fremont County - Fremont Combined Court
Showing 1 - 1 of 1 records

​

Date​	Len​	Appearance​	Name​	Hearing Type​	Case #​	Location​	Division​
10/25/22 3:00 PM​	1Hr​	IN PERSON​	MORPHEW, BARRY​	Hearing​	D222022CR47​	Fremont County​	Division 6

Docket Search | Colorado Judicial Branch

www.courts.state.co.us

OK, here's another mystery about BM's upcoming court hearing 10/25/22:

The people of Fremont County are served by a District Court and County Court.

Fremont District Court has 5 Divisions representing each District Court Judge and each Magistrate.

Division - 1: New Judge Turner (replaced Lama)
Division - 2: Judge Wenner
Division -3: Judge Groome
Division- 4: Magistrate Meyrick
Division -5: Magistrate Allen

County Court is represented by Division - A:

Division - A: Judge Robak

Question: Why is BM having an in-person hearing in Division 6 that does not exist?

There are no vacancies that I'm aware of -- Judge Turner was recently appointed.

@Niner -- has BM ever had a hearing in Fremont County, Division 6? Thank you. xx

Home | Colorado Judicial Branch

www.courts.state.co.us

 

[Seattle1]

Question: Why is BM having an in-person hearing in Division 6 that does not exist?

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

 

[MassGuy]

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

Massguy's getting excited!!!

 

[Niner]

OK, here's another mystery about BM's upcoming court hearing 10/25/22:

The people of Fremont County are served by a District Court and County Court.

Fremont District Court has 5 Divisions representing each District Court Judge and each Magistrate.

Division - 1: New Judge Turner (replaced Lama)
Division - 2: Judge Wenner
Division -3: Judge Groome
Division- 4: Magistrate Meyrick
Division -5: Magistrate Allen

County Court is represented by Division - A:

Division - A: Judge Robak

Question: Why is BM having an in-person hearing in Division 6 that does not exist?

There are no vacancies that I'm aware of -- Judge Turner was recently appointed.

@Niner -- has BM ever had a hearing in Fremont County, Division 6? Thank you. xx

Home | Colorado Judicial Branch

www.courts.state.co.us

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

Personally I don't recall - I would have to go back on the postings I did for his hearings back then. Never actually paid attention to that part.

Grand jury sounds good to me too!!!

edited to add: I do have that 11/28/22 hearing in my notes.

 

[MrsWatson]

This recent docket is very intriguing. Can't wait to see what it's all about.

Not really getting my hopes up, though.

 

[mrjitty]

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

It's hard to believe they won't recharge him but I am not getting my hopes up

 

[Nikynoo]

It's hard to believe they won't recharge him but I am not getting my hopes up

If they do recharge - would it not be under a new case number?

 

[Ontario Mom]

OK, here's another mystery about BM's upcoming court hearing 10/25/22:

The people of Fremont County are served by a District Court and County Court.

Fremont District Court has 5 Divisions representing each District Court Judge and each Magistrate.

Division - 1: New Judge Turner (replaced Lama)
Division - 2: Judge Wenner
Division -3: Judge Groome
Division- 4: Magistrate Meyrick
Division -5: Magistrate Allen

County Court is represented by Division - A:

Division - A: Judge Robak

Question: Why is BM having an in-person hearing in Division 6 that does not exist?

There are no vacancies that I'm aware of -- Judge Turner was recently appointed.

@Niner -- has BM ever had a hearing in Fremont County, Division 6? Thank you. xx

Home | Colorado Judicial Branch

www.courts.state.co.us

This is exactly why I was having a heck of time finding this info on the court site. It doesn't exist.
So either it's a typo, or we've entered a parallel universe, or something.

 

[MountainDad]

OK, here's another mystery about BM's upcoming court hearing 10/25/22:

The people of Fremont County are served by a District Court and County Court.

Fremont District Court has 5 Divisions representing each District Court Judge and each Magistrate.

Division - 1: New Judge Turner (replaced Lama)
Division - 2: Judge Wenner
Division -3: Judge Groome
Division- 4: Magistrate Meyrick
Division -5: Magistrate Allen

County Court is represented by Division - A:

Division - A: Judge Robak

Question: Why is BM having an in-person hearing in Division 6 that does not exist?

There are no vacancies that I'm aware of -- Judge Turner was recently app

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

I have also researched and found Division 6 most likely a Grand Jury. I don't think a group of 12 will believe partial non matching DNA in SM glove box will exonerate BM like the gullible judge Murphy.

 

[Seattle1]

If they do recharge - would it not be under a new case number?

I believe so but I think we are seeing a motion filed under the prior case number.

 

[California Dreamin’]

^^rsbm

OK, did some nosing around and it's very possible that Division 6 is an auxiliary division for use with a visiting judge or perhaps a "presiding" grand jury judge. Personally, I really like the sound of that -- a grand jury for BM.

Oh wow! Wouldn’t that be wonderful!! Crossing my fingers and toes.