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

[GOBliaison]

In re. the Grand Jury option/possibility -
​

If ever/whenever GJ proceedings are called to order,...

True
or
False?
​

Might it not be unreasonable to foresee learned counsel, 'E-typhoo-T',

• a) there and then/respectfully(?), as a "matter of premptive readiness", decline to be seated behind counsel's table;
• b) Without leave of court, and in lieu of taking s/seat, position sprinters' starting blocks adjacent to her end of s/table;
• c) When thereupon queried by the presiding officer as to her present posturing, might she levitate/launch upwards, [dangerously close to any overhead circulating fan(s)];
• (d) Likely pronouncing - from s/promiinent and elevated station - her tender of a Writ of Habeas Corpus praying her client be released from these proceedings,
• as there is presently pending in American Samoa an appeal from 'evidence compelling/conviction assured' do-overs, as being
• (1) ultra vires;
• (2) violative of former jeopardy protections;
• (3) 'cruel and unusual' one-sided offerings of purported evidence/as yet -!once again!- undisclosed to the defense,
• (4) together with potentially insensitive arguments, likely uncharitableto Mr. Morphew,
• (5) hardly to mention this hoptokangarooshambles commencing far too late in the day, particularly
• (6) in view of defense counsel's notice to the Court, [read: Baliff], as to her holding a ticket to a farewell-to-do for DN, her former Boswellian co-counsel, and
• (7) finally, shall EtyphooT fail to premise any/all of the foregoing with so much as a "By leave of...", or "May it please.."

Please consider that for this challenge there are no wrong "answers". In fact, in view of present company's Mariana Trench near-fathomless patience, extra credit is obtainble for even moderately cogent contrary opinions or forecasts.

 

[steeltowngirl]

Aha, they updated the KKTV article Updated: 19 hours ago. I'm pretty sure that originally said Colorado Springs - but regardless the location is not very important there was social chatter about a women who resembled Suzanne and that is what is referenced in the motion and was in the KKTV article before editing. We can't link social media here but if you have access, it's pretty easily searchable still along with the image which I'd bet money on defense saw in May. I don't think it will have relevance to the motion to return Barry's and both MM's possessions in my opinion.

Maybe the woman that was seen that resembled Suzanne was actually Sho.

Recall this:

'She's my age. She's... A lot of people say I resemble her,' she told cops, according to Morphew's affidavit.

Barry Morphew girlfriend 'took parcel from his and Suzanne's ex-home'

Shoshana Darke, 51, was arrested Tuesday for trespassing Monday at the home on Puma Path, Salida, which Morphew sold to new owners back in March.

www.dailymail.co.uk

 

[MassGuy]

Do you believe Suzanne is alive? Just curious.

JMO

Lol. Anyone who believes Suzanne is alive is living in some sort of alternate reality, where evidence and facts don't matter. One person was there. One person lied over and over. This is a really easy case in terms of factual guilt.

I've followed hundreds of cases, practically since I could read. This is so easy I feel like screaming when people can't put these really easy pieces together.

 

[BeckyF]

Evidenced by what behavior? I'm not sure I agree that he doesn't care deeply about his daughters as there has been nothing that tells me differently. Making sure his daughters had a home should he end of in jail was a biggie for me. He could have put them in a rental and paid rent. Leaving PP because his daughters were fearful was another and I believe they were fearful at that point, but not of their dad.

<modsnip>

A caring Dad would not have brought up his daughter’s virginity in front of friends. Start there.

Edited: removed extra text

 

[waldojabba]

ALL IMO

What I would like to say to Iris – and for that matter, to those like her – is “I see you”.
I see you cross the line and “spin” untruths – you don’t just cross the line – you bulldoze your way over it
with no care for ethics only the ultimate prize at all costs. There are many out there like Iris.
We see them in the news every day, gaming the system
They debate nonsense, mouth so many false equivalencies, lie and lie and lie and lie some more
I don’t find it admirable

What I would like the P to do, if the judge’s refuse to keep her on the straight and narrow, is to call her butt out, each and every time she waivers from procedure,or rules, or truth etc.
Call her out verbally in court and in writing in their motions.
Every time – no matter how tedious, exhausting and grinding it is. Hold your ground.

The problem I see is that Iris has an army of “intern” junior types behind the scenes doing her prep
Maybe the P can crowdsource a class from a law school or something – they don’t have her budget I am sure for the number
of“underlings” we saw with Iris at her press conference that last day in court. Iris’s gaggle.

IME the P needs to behave like Iris to push an Iris back as extremely distasteful as that may be.
Even if they find SM’s body that woman will claim it’s the look alike “homeless woman's”bones and the dna is tainted etc

ALL IN MY OPINION

 

[Nikynoo]

The only reason they would want those journals would be to destroy them so they couldn't be used in future trial evidence, IMO.

BM having those journals does not prevent them being used at future trials. The prosecution have copies.

 

[Fika]

What does it mean for the case to be reopened?
Will they refile charges ? Honestly I don’t know.

 

[MassGuy]

ALL IMO

What I would like to say to Iris – and for that matter, to those like her – is “I see you”.
I see you cross the line and “spin” untruths – you don’t just cross the line – you bulldoze your way over it
with no care for ethics only the ultimate prize at all costs. There are many out there like Iris.
We see them in the news every day, gaming the system
They debate nonsense, mouth so many false equivalencies, lie and lie and lie and lie some more
I don’t find it admirable

What I would like the P to do, if the judge’s refuse to keep her on the straight and narrow, is to call her butt out, each and every time she waivers from procedure,or rules, or truth etc.
Call her out verbally in court and in writing in their motions.
Every time – no matter how tedious, exhausting and grinding it is. Hold your ground.

The problem I see is that Iris has an army of “intern” junior types behind the scenes doing her prep
Maybe the P can crowdsource a class from a law school or something – they don’t have her budget I am sure for the number
of“underlings” we saw with Iris at her press conference that last day in court. Iris’s gaggle.

IME the P needs to behave like Iris to push an Iris back as extremely distasteful as that may be.
Even if they find SM’s body that woman will claim it’s the look alike “homeless woman's”bones and the dna is tainted etc

ALL IN MY OPINION

Truthfully, if I was Barry's attorney, I'd play it the same way. People are gullible, and despite the predictability of her argument, it works. Most people aren't familiar with this case, and if they are, they don't know the facts. So crap like "he would have been exonerated," actually works.

Of course it's hilarious to any thinking person who knows the facts.

 

[WingsOverTX]

BM having those journals does not prevent them being used at future trials. The prosecution have copies.

Sure. Unless they "inconveniently disappear"!

 

[waldojabba]

Truthfully, if I was Barry's attorney, I'd play it the same way. People are gullible, and despite the predictability of her argument, it works. Most people aren't familiar with this case, and if they are, they don't know the facts. So crap like "he would have been exonerated," actually works.

Of course it's hilarious to any thinking person who knows the facts.

I totally get it – this is the world we live in –carnival barkers and alternate reality - I don’t have to like it but I know its reality. So the P has to come out of the gate the same way
Opening arguments for P “See that woman over there, she is going to try to play you all for fools…she is going to blah blah etc".. or something
Even up the damn playing field!!!!
Just my opinion

 

[katydid23]

Well, IMO, BM takes a lot of liberties with the truth. So when can he be believed?

Why would he lie and say he was running around shooting a gun, the last time he saw his wife, if it was not true?

The only reason I can think of for him to say that was to have an explanation for the way the phone was moving around so erratically.

 

[MassGuy]

I totally get it – this is the world we live in –carnival barkers and alternate reality - I don’t have to like it but I know its reality. So the P has to come out of the gate the same way
Opening arguments for P “See that woman over there, she is going to try to play you all for fools…she is going to blah blah etc".. or something
Even up the damn playing field!!!!
Just my opinion

People are idiots. It's shocking how little common sense there is in every case.

 

[katydid23]

BM having those journals does not prevent them being used at future trials. The prosecution have copies.

It would be very problematic if the originals were destroyed. How would the prosecution argue against the defense claiming they were edited or tampered with?

 

[Momofthreeboys]

He said he had a gun and was running after chipmunks to shoot them. This are his own words. You don't believe him?

Nope not at that moment on that day. I certainly believe he shot chipmunks lots of rural people trap, poison or whoot critters that eat their wiring but I don't believe everything Barry said. I'd like to shoot whatever ate the hood engine liner in my Mercedes when I left it parked outside for 2 days. In my opinion he may very well have shot Suzanne somewhere LE hasn't looked, but prosecution can't tie any of his guns to the crime except for tranq gun and it's broke and Barry doesn't want it back. If the guns go back chances are they will go to his attorney's or someone to hold until his parole is over.

 

[Nikynoo]

Sure. Unless they "inconveniently disappear"!

It's on the prosecution to keep those copies safe - who is to say that they haven't or won't lose the originals?

 

[Nikynoo]

It would be very problematic if the originals were destroyed. How would the prosecution argue against the defense claiming they were edited or tampered with?

Wouldn't a chain of evidence apply in this instance? All evidence put before a jury is agreed by both sides. This case is closed - there is no reason for the prosecution to keep certain things 'in case' they need it in the future.

 

[Murphy1950]

While teams across the metro Denver area were able to locate and count 6,888 people on that single night this year in late January, the information system allowed them to estimate that the number of unhoused people is close to 31,000 throughout the course of the year.

Metro Denver’s homeless population grew by 12.8% in two years, survey finds

Point in time count shows metro Denver’s homeless population grew by 12.8% in two years

coloradosun.com

30,000+ just in Colorado.


<modsnip: No link to image. All images require a link to the source.>

 

[Lyanna]

It's not a new trial - it's cleanup from the old trial they have to clear the May motion. There is no "new" trial that we know of at this point. But everyone has hope Suzanne will be found and give a foundation for a new trial.

I know it's not a new trial, it's case reopened.
That gives me hope.
Reopening anything that will cause Barry some panic and trip up on something that will lead to the truth of what happened to Suzanne is good imo.

 

[GOBliaison]

Could be but that isn't evidence connected to the charge Barry murdered Suzanne. He didn't beat her to death over the head with a Bible so it is no longer "needed" as evidence for a potential second attempt to charge him. One of the biggest issues in my mind in this case is all the circumstantial "stuff" that prosecution let slip into the case but right now they legally probably can't hold onto alot of it because there is no direct evidentiary value in the future. I also "think" and haven't really heard an explanation I totally understand of what from the first trial can or can't carry over should prosecution attempt to charge him again. I "think" it's not a total "do-over"...I "think" there were some consequences of asking for the dismissal in any future trial. I'm somewhat hoping that concept gets elaborated or at least clarified for me.

Uhh...

Doffing a deerstalker, tell me what would there be that's illogical about understanding "dismissed without prejudice" actually meaning "without prejudice", that being to either prosecution or defense? You don't even to argue inference, ding-dong it. It's expressed, unambiguous and in, bless her, The Queen's English. .

Suggested DA response:

"No need for delay to research, brief, argue item-by-item or anything else, your Honor! And may it please the court - if not learned defense counsel - we're preparing as is our duty and our right, and we have an unequivocal need for every bit of this due-due defense shopping list.

 

[Nikynoo]

I know it's not a new trial, it's case reopened.
That gives me hope.
Reopening anything that will cause Barry some panic and trip up on something that will lead to the truth of what happened to Suzanne is good imo.

IMO, it's false hope. The reopening of the case is to deal with items retained by the prosecution that the Morpews (B&M) want to recover, not because of any new evidence.