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

[Cindizzi]

https://twitter.com/x/status/1567986745991626753

 

[Cindizzi]

https://twitter.com/x/status/1567994895507550208

 

[MountainDad]

So the old case is reopened. If the prosecution came across some kind of Smoking Gun piece of evidence back in August that was irrefutable is it possible Barry gave up Suzannes location. In exchange for a plea deal?

 

[Seattle1]

From Natalie Chuck KOAA tweet -- full image.

8/16/22 Case designated ROPN = Reopened

 

[Seattle1]

KKTV 11 News

@KKTV11News


Barry Morphew, husband of missing Colorado woman Suzanne Morphew, requests to have seized property returned



kktv.com
Barry Morphew, husband of missing Colorado woman Suzanne Morphew, requests to have seized property...
A Colorado man who was once facing murder charges tied to the disappearance of his wife is now looking to reclaim property that was seized by authorities.

2:54 PM · Sep 8, 2022·

 

[Seattle1]

IMO, BM filed motion on 5/26 and the prosecution responded by filing unnamed motion on 8/16 to reopen the case to block his request.

Barry Morphew’s request to have seized property returned was denied, search for Suzanne Morphew continues in Colorado

A Colorado man who was once facing murder charges tied to the disappearance of his wife is now looking to reclaim property that was seized by authorities.

www.kktv.com

Barry Morphew is scheduled to appear in court on October 25 for a hearing. According to court documents, a motion to return property was filed May 26. Barry had his criminal charges tied to the disappearance of Suzanne dismissed on April 18. According to the motion, the prosecution has been in possession of Barry’s property for more than two years and, “there is no link between the property to the location or circumstances of Mrs. Morphew’s disappearance.”

 

[WingsOverTX]

https://twitter.com/x/status/1567994895507550208

View attachment 365170

@MassGuy - I guess nobody could be happier than you but I & many others are running a close 2nd

 

[BeckyF]

So the old case is reopened. If the prosecution came across some kind of Smoking Gun piece of evidence back in August that was irrefutable is it possible Barry gave up Suzannes location. In exchange for a plea deal?

I doubt it. He will never give up her location.

 

[steeltowngirl]

According to the motion, the prosecution has been in possession of Barry’s property for more than two years and, “there is no link between the property to the location or circumstances of Mrs. Morphew’s disappearance.”

Well, how would he know there’s no link? He was in Broomfield when she disappeared. Righttttt? How does he know exactly where she was, or that the “bad man” that stole Suzanne didn’t touch the property?

I would think he’d want them to keep any property as potential evidence just in case the “real killer” gets caught.

 

[Love Never Fails]

So the old case is reopened. If the prosecution came across some kind of Smoking Gun piece of evidence back in August that was irrefutable is it possible Barry gave up Suzannes location. In exchange for a plea deal?

Or what if the prosecutor asked for the hearing to completely dismiss all charges?
Oh my, my heart would break! Has anyone thought this could be possible?

 

[O.Incandenza]

KKTV 11 News

@KKTV11News


Barry Morphew, husband of missing Colorado woman Suzanne Morphew, requests to have seized property returned



kktv.com
Barry Morphew, husband of missing Colorado woman Suzanne Morphew, requests to have seized property...
A Colorado man who was once facing murder charges tied to the disappearance of his wife is now looking to reclaim property that was seized by authorities.

2:54 PM · Sep 8, 2022·

That makes sense.

Any new charges would almost certainly result in a new case # and docket. The prosecution can't just 'reopen' a murder case that they dismissed. They have to start at the beginning and either arrest him again and file a complaint and do a preliminary hearing or go the grand jury route.

 

[O.Incandenza]

Or what if the prosecutor asked for the hearing to completely dismiss all charges?
Oh my, my heart would break! Has anyone thought this could be possible?

?
That already happened. All the charges in the murder case have been dismissed.

 

[WingsOverTX]

Or what if the prosecutor asked for the hearing to completely dismiss all charges?
Oh my, my heart would break! Has anyone thought this could be possible?

Nope. The prosecutor deserves a chance to take this one to trial. It wasn't dismissed - without prejudice - for lack of evidence but due to the prosecutor's list of experts being gutted by the judge.

 

[Love Never Fails]

?
That already happened. All the charges in the murder case have been dismissed.

No. She dismissed them with prejudice.
I am talking about dismissing them period without prejudice.

 

[Love Never Fails]

Nope. The prosecutor deserves a chance to take this one to trial. It wasn't dismissed - without prejudice - for lack of evidence but due to the prosecutor's list of experts being gutted by the judge.

I know that and yes the prosecutor should take it to trial. I’m just saying WILL she?

 

[WingsOverTX]

I know that and yes the prosecutor should take it to trial. I’m just saying WILL she?

I can't imagine why not. They have enough circumstantial evidence - as @MassGuy has made clear here over & over - that BM would be serving a murder sentence right now if courtroom machinations hadn't gotten in the way.
That is, of course, MOO & JMO

 

[steeltowngirl]

No. She dismissed them with prejudice.
I am talking about dismissing them period without prejudice.

IIRC, the charges were dismissed without prejudice.

I am trying to learn if it’s possible to actually dismiss murder charges WITH prejudice. What would that mean? They could find a body and still no charges could be brought again? It’s not double jeopardy if he was never tried, and there is no statute of limitations on murder.

So I am confused, as I’ve heard some folks talking about the possibility that IE could basically ask for a permanent dismissal.

Wouldn’t that be like a not-guilty verdict, without a trial?

 

[Love Never Fails]

I can't imagine why not. They have enough circumstantial evidence - as @MassGuy has made clear here over & over - that BM would be serving a murder sentence right now if courtroom machinations hadn't gotten in the way.
That is, of course, MOO & JMO

I agree with you. All of us here want this to go to trial until this murderer is locked away. He is guilty.

 

[Love Never Fails]

IIRC, the charges were dismissed without prejudice.

I am trying to learn if it’s possible to actually dismiss murder charges WITH prejudice. What would that mean? They could find a body and still no charges could be brought again? It’s not double jeopardy if he was never tried, and there is no statute of limitations on murder.

So I am confused, as I’ve heard some folks talking about the possibility that IE could basically ask for a permanent dismissal.

Wouldn’t that be like a not-guilty verdict, without a trial?

Did I get it backwards? I’m sorry. LS dismissed the case because, IMO, the judge gutted the case when he removed the witnesses. She was planning to file charges after searching for Suzanne, I thought.
The only reason for dropping charges permanently,IMO, would be political.
Hope something turns this thing around.

As for IE, she likes making waves anf noise.

 

[Momofthreeboys]

Well, how would he know there’s no link? He was in Broomfield when she disappeared. Righttttt? How does he know exactly where she was, or that the “bad man” that stole Suzanne didn’t touch the property?

I would think he’d want them to keep any property as potential evidence just in case the “real killer” gets caught.

Prosecution will need to articulate the connection of the items to the crime as evidence.