Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

[Tumbleweed]

By statute, the Act further charges the DA and the Judge with providing the protection so I guess there's that...

https://cdpsdocs.state.co.us/dcj/DCJ External Website/OVP/Courts responsibilities under VRA.pdf

Right. I get that the judge and DA are supposed to provide protection, but my question is from who or what? From anyone or anything that might cause them to feel harrassed? It seems in the Victim Rights Act that it is limited in scope to the defendant and associated parties. Is the judge taking a broad interpretation in his duty to provide protection? Is it common practice for a judge to consider media (or anyone else not associated with the defendant) when deciding to protect victims by not releasing records? I really have no idea.

 

[Momofthreeboys]

I think this has been addressed, but perhaps I'm forgetting. The daughters are considered victims so their rights are protected under Colorado Victim's Rights law. Crime Victim Rights Act (VRA) | Division of Criminal Justice

 

[Momofthreeboys]

I can’t imagine the defense would use that. It paints Barry in a horrible light, as he used his daughter as both a shield, and a weapon.

Her (Lauren's) actions are not relevant to the case IMO. Lauren was acting as a reporter and if there are issues clearly they were addressed by the station.

 

[Deleted member 222031]

@IRBHTX sbm Thanks for your post, but not sure I'm not sure I'm following.

Reporters' right to approach ppl, initiate convo's? Okay, agree.
Under 4th Amendment? Thx in adv.

While the 4th amendment applies to prevent illegal search & seizure of journalists' notes/ recordings/film, the 1st amendment would be the one applied in the scenario I addressed re: free speech. Thanks for asking for clarification.

 

[jondaba]

Sez the Judge in his 7-16-21 order:

“Therefore, in furtherance of protecting the Morphew daughters from abuse or harassment, the Court will allow time for meaningful efforts at redaction to be made.”

Query: if the AA didn’t make out a case that BM murdered poor SM in a horrible way, what would need to be redacted?

What might lead to daughter abuse or harassment if the AA does not show that Dad killed Mom while the girls absented themselves from home?

Ballot fraud?

 

[nyvictoria]

Re: the judge’s concern about harassment directed at the daughters…

Is it because of statements they made to LE/DA about Barry or because they refused to cooperate with LE/DA?

I hope it’s because of the former but I’m afraid it will turn out to be the latter.

 

[steeltowngirl]

While the 4th amendment applies to prevent illegal search & seizure of journalists' notes/ recordings/film, the 1st amendment would be the one applied in the scenario I addressed re: free speech. Thanks for asking for clarification.

Thank you for clarifying! I was down a rabbit hole with researching the 4th amendment. Ironically, the Judge’s Order on Motion to Limit Access did mention the 4th Amendment (pg. 5)

Apparently, the media argued that the release of the AA would further the integrity of the 4th Amendment principals.


https://www.courts.state.co.us/user...21CR78/21CR78 Order Limit Public Redacted.pdf

 

[jondaba]

Is there a hearing tomorrow? Time?

 

[steeltowngirl]

Sez the Judge in his 7-16-21 order:

“Therefore, in furtherance of protecting the Morphew daughters from abuse or harassment, the Court will allow time for meaningful efforts at redaction to be made.”

Query: if the AA didn’t make out a case that BM murdered poor SM in a horrible way, what would need to be redacted?

What might lead to daughter abuse or harassment if the AA does not show that Dad killed Mom while the girls absented themselves from home?

Ballot fraud?

Query #2: if BM hadn’t murdered poor SM, would there have been a need for an AA, or a need to protect the daughters?

The one person that had the most responsibility to protect the daughters was Barry Morphew, their own father.

He failed that job miserably when he murdered their mother.

 

[steeltowngirl]

Is there a hearing tomorrow? Time?

Yes. @Gardenkeep posted this upthread.

Hearings are scheduled tomorrow, July 22, 2021 starting at 10:00 am on both cases for BM. What the hearings are is not specified. They are going to be virtual, but I'm not sure if that means we get to see them.
Colorado Judicial Branch - Chaffee County - Dockets

 

[Brubon]

Re: the judge’s concern about harassment directed at the daughters…

Is it because of statements they made to LE/DA about Barry or because they refused to cooperate with LE/DA?

I hope it’s because of the former but I’m afraid it will turn out to be the latter.

Maybe (speculation, only) at the beginning of LE's investigation the daughters told LE that they had a large, very heavy YETI white cooler and a lighter weight blue cooler on wheels etc.

Maybe the daughters were not aware of the fact that LE could find NO coolers when they shared that information.

I'm hoping the daughters unknowingly let some cats out of the bag.....which turn out to be very helpful in building this 1st degree murder case.

Is it August 9th yet?

MOO

 

[Niner]

I'll shorten this up a bit...

Thursday, July 22nd:
*Hearing (both cases) (@ 10am MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence a public servant. And additional charges (5/18/21) with tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. No bond.
Barry’s PP Loan: Sunset Farms LLC, Salida, Colorado, PPP loan based on a reported nine jobs retained, with a loan amount $53, 745. The reported nine retained are not itemized by name. Loan Approved: 2020-05-02; Loan Status: Ongoing Loan; Lender: Bank of the West.
Missing info & court info from 5/10/20 thru 5/18/21 reference post #120 here:
CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*
5/24/21: Order re: expanded media requests & the recording/broadcasting of hearings filed/signed by Judge Patrick W. Murphy, Chief Judge, 11th Judicial District. Pursuant to Chapter 38, Rule 3 of the Colorado Supreme Court rules, "Notwithstanding an authorization to conduct expanded media cover of a proceeding, there shall be no expanded media coverage of pretrial hearings in criminal cases, except advisements & arraignments. The hearing 5/27/21 is neither an advisement nor an arraignment. Therefore, any requests for expanded media coverage of that hearing, or any other pretrial hearing except the arraignment, are summarily denied. Status conference hearing for all charges on 5/27/21.
5/27/21 Update: Judge Patrick W. Murphy is in the courtroom. Waiting for Morphew to arrive. In court: Deputy District Attorney Jeff Lindsey; 11th Judicial DA Linda Stanley is watching from WebEx along with family members of Suzanne. Morphew's public defense counsel, represented by his newly announced attorneys, Iris Eytan & Dru Nielsen had filed a motion to keep discovery sealed such as search warrants, physical evidence, etc. Prosecutors had no problem with this motion. Judge grants motion. Now Morphew's attorneys are arguing to see emails/texts from LE saying that they are witness statements. Iris Eytan says it should be ALL preserved from the time the case began until it is resolved. Prosecutors say it's not possible or feasible. Judge says he wants to read a case that the defense counsel is referencing in regards to releasing all texts/emails from LE. So Judge Murphy will hold off on making a decision on that motion. Judge says Discovery to be provided to Defense no later than Wednesday, next week, June 2. There are apparently ~10,000 pages of discovery material & "boatloads" of information. The prosecution plans to release this information Wednesday. Preliminary & Proof evident hearing will be 8/9/21 at 8am & 8/10/21 & 9:30am and on 8/23/21 @ 8am & 8/24/21 @ 9:30am. Regarding AA release date will be done later, potentially have a hearing or make a decision on pleadings as to when will be released. Judge hasn't decided if he will close that hearing. AA release will be at the discretion of the Court pursuant to RULE 55.1. Judge will read the motions & his decision may or may not require a hearing. Hearing may or may not be closed to the public. Next Preliminary hearing set for 8/9, 8/10, 8/23 & 8/24/21.
6/4/21: Order on Motion to limit public access to arrest warrant affidavit (filed 5/5/21) (D-7). Arrest affidavit to remain sealed until at least 7 days after final day of August (8/24/21) proof evident/presumption great & preliminary hearing under order issued today.
6/16/21: The media consortium seeking the Morphew arrest affidavit includes The Associated Press, The Denver Post, The Gazette, KCNC-TV (CBS4), KDVR-TV (FOX31), KKTV-TV (11 News), KMGH-TV (Denver7), KOAA-TV (News5), KRDO-TV, KUSA-TV (9NEWS) Y KXRM-TV (FOX21). They have asked a Chaffee County District Court judge to reconsider his June 4 order sealing the 130-page arrest warrant affidavit for Barry Morphew, who is accused of murdering his wife Suzanne Morphew in 2020. Calling the affidavit “the lengthiest & most detailed” he has seen in nearly 30 years of experience with criminal cases, Judge Patrick Murphy closed the record until at least early September. He wrote that releasing the affidavit prior to an investigation conducted by Barry Morphew’s defense attorneys could hamper their ability to effectively prepare a case. The judge also raised concerns about the potential for harassment of the Morphews’ two daughters & the affidavit’s length, writing that redaction would be “a time-consuming process and one the Court cannot meaningfully complete without the input & involvement of both parties. Allowing the parties time to review & understand the amount of information in the case overrides the public’s presumptive access currently. ”But a response filed Thursday by media attorney Steve Zansberg argues that the affidavit’s length & details contained in the document “are not legitimate grounds to deny the public’s presumptive right to inspect it,” nor is Barry Morphew’s “investigation” of the case against him. Colorado Rule of Criminal Procedure 55.1, which went into effect May 10, “imposes a heightened burden on any party seeking to overcome the public’s strong presumptive right to access” a court record, wrote Zansberg, who is president of the Colorado Freedom of Information Coalition.
7/16/21 Update: The Media Consortium’s Motion for Reconsideration is DENIED. Hearing added for 7/22/21 @ 10am virtual for both cases.
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
For info on his voter fraud from 5/13/21 see post #120 here:
CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*
5/14/21 Update: Next virtual status conference hearing on 5/27/21. 5/27/21 Update: Status conference hearing on 8/9, 8/10, 8/23 & 8/24/21.
7/16/21 Update: A virtual Hearing added for 7/22/21.

 

[Scootie98]

I suspect these things are related. Once the "video" of the upset daughter went live the defense could point directly at LS as a "harasser". Rookie mistake for LS, cheap shot by the defense.

While this makes some sense...when LS spoke to the daughter....Suzanne was still a missing person, and Barry was not on the record as a suspect, correct? I think the distinction matters since the reason for LS contacting Barry was about whether or not he was going to participate in an upcoming search, was it not? Either way....the judge is clearly tilting toward this protection of the daughters thing.

 

[Scootie98]

It’s never too late for more charges, but I think that’s it for this one.

and no one else has been charged with anything even remotely connected to this case...correct? Although...the witness list will be quite telling, and interesting, if it includes friends or relatives of Barry.

 

[Love Never Fails]

Question please.
I downloaded the Webex app but don’t have a clue how to use it. I would like to see the hearing today.

If you know how I can see the hearing or use Webex please let me know. Thank you

 

[Boxer]

I'm recalling that Rule 55.1 came about after a MSM story revealed how there was no expiration date on sealing documents from the public in criminal cases. IMO, the public hearings for Rule 55.1 also focused on requiring an expiration in the proposed amendment but did NOT ignore or abandon sealing the AA (until after the preliminary hearing) as has been the practice!

It seems to me that the Judge is following the proposed amendment as written.

IMO, the rub here is the focus on the Morphew daughters.

We don't know why the Judge appears so focused on citing the Morphew children but I can't help wondering if the AA in fact reflects poorly on the daughters.

MOO

https://community.cobar.org/HigherL...c55-df10-fb95-aeea-fdd4690d53ed&forceDialog=0

MOO yes, it really might.

 

[Boxer]

The camera was blocked for much of it but there is audio, her face is never shown.

Sorry, van you tell me where the video is.

 

[DizzyB]

Setting my alarm and grabbing my earbuds.

 

[steeltowngirl]

Anybody else waiting for host to let you into the virtual hearing? Is this the link?

Colorado Judicial Branch

 

[Tumbleweed]

Question please.
I downloaded the Webex app but don’t have a clue how to use it. I would like to see the hearing today.

If you know how I can see the hearing or use Webex please let me know. Thank you

Go to the following website (Judge Murphy's Virtual Courtroom) and click 'JOIN MEETING'.
Colorado Judicial Branch

You will get a pop up window to either 'Open WebEx' or 'Launch Meeting'.

Since it is your first time, I think you will be prompted to enter your name (I use my initials, as everyone will be able to see it.)

Make sure to mute your microphone (I think it defaults to unmuted?) by pressing 'button' at bottom left on the page. You may want to either cover your camera or disable so people cannot see you during the hearing also.

Hopefully this helps. I'm no expert. But you can try to do this beforehand to get it set up so you are ready to go at 10:00 mountain time this morning. Good luck!