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

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I don't know any of them and I most certainly couldn't guess if his daughters were that angry that they would destroy their mom's journals. I kinda doubt it. And they probably would appreciate having them I suspect.
^^bbm

If past behavior is a good predictor of future behavior and/or sentiment, I doubt this is important when their mother's cherished garden statute, bequeathed to SM by her own mother (the maternal grandmother), was so easily abandoned versus returned to SM's only sister. MOO
 
Do you believe Suzanne is alive? Just curious.

JMO
No. I think she is deceased. But prosecution has a hard hill to climb without being able to prove that she is indeed deceased and that Barry, and Barry alone killed her....I've said that for over 2 years. What happens in the courtroom is more important than what I think...
 
^^bbm

If past behavior is a good predictor of future behavior and/or sentiment, I doubt this is important when their mother's cherished garden statute, bequeathed to SM by her own mother (the maternal grandmother), was so easily abandoned versus returned to SM's only sister. MOO
Why would it go to her sister and not her daughters? I think it was beautiful what they did with it. Someday when they have real homes one or the other can go get it and bring it to their home. Does anyone know if Suzanne's sister asked the daughter if she could have it?
 
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.
Possibly is false hope, but it can still be held onto for a while.
Barry and his weapons of mass sentimental value are of interest to me. He's made more effort retrieving them than he did looking for Suzanne.

moo
 
No. I think she is deceased. But prosecution has a hard hill to climb without being able to prove that she is indeed deceased and that Barry, and Barry alone killed her....I've said that for over 2 years. What happens in the courtroom is more important than what I think...
I believe there is enough evidence to convict him.
 
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. ;)
My Learned Friend, I pray that you do the prosecution a disservice. Are you suggesting that the prosecution needs to retain the items because it has evidentiary value, but the prosecution does not know what that value is?
 
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.
I think the dismissal of the case plays a role. Yes typically all evidence is retained until the case is closed and the case was closed? Is that too simplistic thinking? I believe they can keep anything that ties to the alleged criminal act that was charged. There are items on that list with no connection to the crime and items whose usefulness has been extrapolated and preserved so the item itself is not essential anymore. Like his truck - he had to ask the court for his truck back and that was released - the useful information had been extracted and the truck analyzed but the truck itself is not necessary to any future case.
 
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.
“Circumstantial stuff”? Oh, ok.
That circumstantial “stuff” will bury him once the case is tried.
 
Why would it go to her sister and not her daughters? I think it was beautiful what they did with it. Someday when they have real homes one or the other can go get it and bring it to their home. Does anyone know if Suzanne's sister asked the daughter if she could have it?
My post purposely vague as I'm not interested in tracking down interviews. However, "abandoned" is a term easily self-defined versus taking care to keep safe from theft, and/or destruction, eliminating any future use as suggested by OP. JMO
 
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?
As against notarized true copies of the originals offered into evidence at trial by the P, what evidence would the D have to refute this?

Jus' wond'rin...:confused:
 
I believe there is enough evidence to convict him.
I will wait to see if they can pull it together. I had doubts they could convict starting after the preliminary mostly because I knew the zooming around with a tranq gun wasn’t going to work for them and they were too deep to pivot.
 
Why would it go to her sister and not her daughters? I think it was beautiful what they did with it. Someday when they have real homes one or the other can go get it and bring it to their home. Does anyone know if Suzanne's sister asked the daughter if she could have it?
If they wanted it they could get it now and put it in storage if they don’t have room for it at their current ‘real’ home.
 
My post purposely vague as I'm not interested in tracking down interviews. However, "abandoned" is a term easily self-defined versus taking care to keep safe from theft, and/or destruction, eliminating any future use as suggested by OP. JMO
I don’t disagree I have been hoping no one has disturbed or defaced the statue but it is the daughters decision. I am hopeful as they go older they find more emotional value. But I do believe the decision was there’s and that some residual anger played a part. :-(
 
“Circumstantial stuff”? Oh, ok.
That circumstantial “stuff” will bury him once the case is tried.
But only if it is allowed into trial by the judge. I suspect if a new charges are filed, there will be many motions filed in repect to the value of 'circumstantial' evidence submitted by the prosecution.
 
I don’t disagree I have been hoping no one has disturbed or defaced the statue but it is the daughters decision. I am hopeful as they go older they find more emotional value. But I do believe the decision was there’s and that some residual anger played a part. :-(
IMO, that ship sailed within 48 hours. And I'm done with this subject.
 
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.
And that one person was Barry.

JMO
 
My Learned Friend, I pray that you do the prosecution a disservice. Are you suggesting that the prosecution needs to retain the items because it has evidentiary value, but the prosecution does not know what that value is?

With respect, you draw inference from my assertion, which was relating and limited exclusively to logic.

You possibly, {and quite correctly!}, key to my personal view as to how such a motion ought to answered by the prosecution on initial hearing? Then kindly indulge me as I relish the vision of rising from 'my' presiding woolsack and, with a Reporter-worthy lack of judicial temperament exclaim to this movant, "Pound sand!"...perhaps not even considering using other words of equal effect...nonetheless charitably continuing,..."Now for dissuasion, counsel may advance for this humble magistrate her theory(ies) as to how "Without Prejudice" may not be clearly understood and applied in this case as "Giving Advantage to Neither".

TA-DAH!?
----------------------------------------------------
Cheers for your comeback. I am honored.
No do-due :D!
 
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