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

[Murphy1950]

@steeltowngirl @Love Never Fails

3 Essential Facts About Criminal Case Dismissals
Dismissals of criminal cases can come in three forms. Specifically, a case can be:

1. Dismissed with prejudice: This means a case has been permanently dismissed and a prosecutor cannot refile the charges at a later date. This type of dismissal is handed down by a judge, and it does not prevent prosecutors from filing different charges (related to the same alleged offense) in the future.
2. Dismissed without prejudice: Temporary in nature, dismissals without prejudice do let prosecutors refile the same charges in the future. While the statute of limitations will still apply to the charges and case in question, these dismissals may be sought out by prosecutors when they want or need more time to investigate and craft their case.
3. Voluntarily dismissed: This occurs when the prosecution decides not to bring the case to court. Sometimes, a prosecutor may do this for strategic reasons, like to maintain the option of filing additional charges later. It’s also common for the prosecution to dismiss weak cases and never attempt to re-prosecute them.

 

[steeltowngirl]

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.

Oh no worries, I am just all spun out trying to understand how it could be possible to (hypothetically) permanently dismiss charges. With prejudice, I thought, was court lingo for saying to never bring these charges back again. It would be like clearing Barry forever.

Can that actually happen legally?

 

[steeltowngirl]

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

Are they not evidence seized during an investigation of a missing person? The investigation is still active.

 

[steeltowngirl]

@steeltowngirl @Love Never Fails

3 Essential Facts About Criminal Case Dismissals
Dismissals of criminal cases can come in three forms. Specifically, a case can be:

1. Dismissed with prejudice: This means a case has been permanently dismissed and a prosecutor cannot refile the charges at a later date. This type of dismissal is handed down by a judge, and it does not prevent prosecutors from filing different charges (related to the same alleged offense) in the future.
2. Dismissed without prejudice: Temporary in nature, dismissals without prejudice do let prosecutors refile the same charges in the future. While the statute of limitations will still apply to the charges and case in question, these dismissals may be sought out by prosecutors when they want or need more time to investigate and craft their case.
3. Voluntarily dismissed: This occurs when the prosecution decides not to bring the case to court. Sometimes, a prosecutor may do this for strategic reasons, like to maintain the option of filing additional charges later. It’s also common for the prosecution to dismiss weak cases and never attempt to re-prosecute them.

So with dismissed with prejudice, BM could never again be charged with first degree murder?

 

[Tumbleweed]

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.”

Copied from above:
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.

If it's true that the prosecution reopened the case in order to block releasing any property, does that start a clock on how long the prosecution has to recharge him?

 

[Puzzles8]

So with dismissed with prejudice, BM could never again be charged with first degree murder?

I think so. IMO, if the original charges were dismissed With Prejudice, charging him again would be would be in the same neighborhood as Double Jeopardy?

IANAL
JMO

 

[Momofthreeboys]

Are they not evidence seized during an investigation of a missing person? The investigation is still active.

I think because the case is closed they will be allowed to hold items that are evidence of criminal activity. I mused earlier that he wants his bow and muzzle loader as an example those two items are not evidence connected to the crime. Laptops might be another example, they have retrieved the data but the laptop itself is not connected physically to the crime. I am just guessing but I think it is logical.

 

[Seattle1]

Copied from above:
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.

If it's true that the prosecution reopened the case in order to block releasing any property, does that start a clock on how long the prosecution has to recharge him?

It was barely one month that the case was dismissed when IE filed the 5/26 motion attempting to secure BM's seized property.

IMO, the arrest of BM governs the judicial clock, and not this "housekeeping" by IE to free her client of the stain of his murder arrest.

In my heart, I prefer to think that at the time the prosecutor's office filed the motion to reopen the case on August 16, they recovered evidence from the snow-packed area, and that evidence is currently being tested and analyzed for SM's DNA, etc.

 

[O.Incandenza]

Copied from above:
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.

If it's true that the prosecution reopened the case in order to block releasing any property, does that start a clock on how long the prosecution has to recharge him?

No. This is just housekeeping in a case that's already been dismissed. Recharging him would open a new case. And there's no statute of limitations on murder, so the new charges could theoretically be filed 50 years from now.

The only time-related legal issue the prosecution faces is that whenever they refile, BM's lawyers will probably try to argue that his right to a speedy trial has been violated by the prosecution voluntarily dismissing the first case right before trial and then bringing it again later. But that's going to happen no matter what, and they'll be in a better position to beat that motion if they can show they've found new evidence in the time between trials.

 

[Puzzles8]

Article updated in the last two hours. It includes a lengthy list of "property" Barry would like back.
Computers, cell phones, firearms, trail cams and a number of "Journals". Included is a "Gratitude Journal" and a "Notebook with Butterflies", no doubt Suzanne's personal Journals.

Just when I thought I couldn't become more disgusted with him....

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

JMO

 

[WingsOverTX]

Article updated in the last two hours. It includes a lengthy list of "property" Barry would like back.
Computers, cell phones, firearms, trail cams and a number of "Journals". Included is a "Gratitude Journal" and a "Notebook with Butterflies", no doubt Suzanne's personal Journals.

Just when I thought I couldn't become more disgusted with him....

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

JMO

Her journals? Fuhgeddaboudit

 

[Lyanna]

Her journals? Fuhgeddaboudit

In this article, the filing by IE states on page 2, point no. 4 as recently as May 2022, a woman with a close resemblance to Ms Morphew has been seen? And the defence are investigating?
SD in a wig maybe, cos she looks like Suzanne and all.

Side eye from me as i type that.

Moo

Eta where has the 3rd law firm come from listed on page 9

 

[BeckyF]

Why doesn’t ol Barry just send ShoSho to retrieve everything? She’s good at that sort of thing.

 

[MrsWatson]

I'm confused.

So is this new court date related to the return of property or it is something else entirely?

Or do we know?

 

[Nikynoo]

I'm confused.

So is this new court date related to the return of property or it is something else entirely?

Or do we know?

Return of property I believe. See attached.

 

[Kemug]

Whatever, I sure hope someone is keeping a close eye on Barry, we don't want him taking the road to Mexico.

 

[FromGermany1]

Article updated in the last two hours. It includes a lengthy list of "property" Barry would like back.
Computers, cell phones, firearms, trail cams and a number of "Journals". Included is a "Gratitude Journal" and a "Notebook with Butterflies", no doubt Suzanne's personal Journals.

Just when I thought I couldn't become more disgusted with him....

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

JMO

bbm

 

[katydid23]

Whatever, I sure hope someone is keeping a close eye on Barry, we don't want him taking the road to Mexico.

I don't think he is running yet. I think he feels very confident that this is over and he has gotten away with it already.

 

[mrjitty]

No. This is just housekeeping in a case that's already been dismissed. Recharging him would open a new case. And there's no statute of limitations on murder, so the new charges could theoretically be filed 50 years from now.

The only time-related legal issue the prosecution faces is that whenever they refile, BM's lawyers will probably try to argue that his right to a speedy trial has been violated by the prosecution voluntarily dismissing the first case right before trial and then bringing it again later. But that's going to happen no matter what, and they'll be in a better position to beat that motion if they can show they've found new evidence in the time between trials.

Yes - this is why finding the body is not essential (though desirable)

It might be that they conduct further expert analysis, do further DNA analysis etc

 

[mrjitty]

How many trail cameras he had ....