Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #65 *ARREST*

[marylamby]

Judge Murphy called the hearing today based on pleadings that came in a few days ago re. discovery and sanctions.

Judge Murphy wants to know if discovery received is duplicative, new, etc., and can't tell from the motions.

Judge Murphy asks if another discovery hearing is necessary before the preliminary hearing?

His calendar is booked solid -- putting this on the defense lawyers for input.

E&N asking Judge if he can assure them this proceeding is not being recorded. Judge responds no recording court proceedings is the Law.....

E & N are calling BM on his cell phone to confer with him about the court calendar if the preliminary is pushed out.

We're on hold while defense talks to BM off camera....

E & N responding:

They are present because the prosecution has pushed the discovery into a constitutional violation. They are being backed into a corner because of the prosecution providing them 3 more TB's of discovery. Requesting BM be granted a bond and attorneys fees because BM was arrested before the State was ready to hand over discovery!!

BM should not be in jail with his every function being monitored.

Defense demands good faith they can question witnesses and mass qty of exhibits in 4 days!!

Judge cannot rule on the pleadings themselves. They are allegations! Judge cannot determine what the discovery is -- may not be new and not a sanction. He simply cannot rule. (7,000 pages and 500 hours of video received since July 22 hearing).

4 days is an exceptional period of time to wrap up a preliminary and the prosecution agrees it will be completed within 4 days.

Defense requests Judge make an Order for the prosecutor to produce the witness list (8 people) in the order they will be called to testify!!

The judge agrees with the prosecutor (Court no authority to order this) but also thinks it would be helpful to the court for a sequential witness list but good faith only (won't be held to it).

Judge requests defense refile their motion and be more specific about their complaints they think are sanctionable (including SO thumb drive with text messages??).

Prosecutor: Again, Defense is misleading the court...the discovery violations are allegations without merit and will not be sanctionable.

Prosecutor states the texts by SO (SM's friend) are not new info -- the defense received the discovery earlier.

End of hearing.

Thank you so much!!!!!

 

[jakat]

Can't snip this post, no need to. I agree with every letter you wrote MG. SO will be critical.

In light of the recent criticisms of the participants of this page, it should be noted.....that many of us have known the name for over a year and never used it here, not once, in order to protect her friend. Thank you all for that.

ITA with you. BFF are usually very close, they tell each other everything about their lives. They're like sisters to each other. Their texts are likely to sink him. Good enough!

 

[Seattle1]

Could it also be 4 days because they decided at the May 27 hearing to combine the Preliminary Hearing with a Proof Evident Presumption Great Hearing?

As to four days, I think we also have to consider that the defense started making noise immediately how they wanted equal time to cross the witnesses and may even call their own witnesses (but won't give the State their witness list).

 

[katydid23]

As to four days, I think we also have to consider that the defense started making noise immediately how they wanted equal time to cross the witnesses and may even call their own witnesses (but won't give the State their witness list).

I'm dying to see their witness list...

 

[Cindizzi]

As to four days, I think we also have to consider that the defense started making noise immediately how they wanted equal time to cross the witnesses and may even call their own witnesses (but won't give the State their witness list).

Yes I remember DN speaking about equal time and when asked about their witness list, either she or IE said they wanted to wait and see the Prosecution list first.

 

[StarrDetective]

As to four days, I think we also have to consider that the defense started making noise immediately how they wanted equal time to cross the witnesses and may even call their own witnesses (but won't give the State their witness list).

Yes. When the prosecution asked for the defense’s witness list 2 weeks ago “in good faith.” the Judge ruled he didn’t have the power to order that. FUNNY that defense asked for prosecution to -in good faith- offer up the order of its witness list. GIRLS, BYE.

 

[dkryder]

I don't understand why the defense team thinks the court, or whomever, should compensate them because of any additional discovery. If they need additional funds they should talk to BM. I was under the impression that BM is paying them big bucks and now they want another revenue stream? Is this a typical request of high priced pros? Was there a hint of whining in their voices? Rhetorical and MOO.

 

[EggSalad]

Do you think either of his girls would be called?

Im very curious about this as well. The fight(s) they witnessed seem important.

 

[marylamby]

Surveillance, and a download of Suzanne’s best friend’s phone will be presented at this hearing. I’m not going to use her name.

Fully expected her to play a large role, and that was confirmed.

Text messages between Suzanne and SO are in the affidavit.

SQUEEEEEEE!!!

 

[marylamby]

My first BAM! YES!

I know right? I was THRILLED with my first and only BAM! hahaha!

 

[SouthAussie]

Im very curious about this as well. The fight(s) they witnessed seem important.

As well as who and how was their camping trip arranged. The timing of it may hold great significance.

 

[katydid23]

Im very curious about this as well. The fight(s) they witnessed seem important.

As well as who and how was their camping trip arranged. The timing of it may hold great significance.

At this point, I am not sure how forthcoming they would be and if that info would be accurate or 'remembered' correctly.

 

[DeDee]

Justice is moving right along for Suzanne Morphew. I'm delighted the Prelim will be held beginning on Monday, as scheduled.

The beauty is of the two bff texting their discussion instead of placing a personal phone call for their conversation. A phone conversation could be held as hearsay; whereas, the written words of the deceased will be transparent, bold and powerful. It'll be difficult for the defense to argue against Suzanne's own words.

Prosecutors will have those texts blown up and shown on a screen for the whole wide world to read. That is, once someone tweets them to us.

 

[StarrDetective]

SQUEEEEEEE!!!

YES! The word “ surveillance“ makes me SQUEEEEE, too!!

 

[Warwick7]

BM
Nobody leaves me.

SM
Nobody kills me.

Finally, I hear SMs voice. Justice.

OMWord! Bam!!!!!

 

[Warwick7]

I think that if this was up to the defense, they would be more than happy to push the preliminary hearing.

Ultimately, this is Barry’s decision. I have little doubt that he truly believes this hearing is going to go well for him, and he’ll be free on bond in no time.

This man attempted to vote for his dead wife, while knowing he was under investigation for murder. Not only that, but he justified it by basically saying “everyone is doing it.”

He’s not living in the same reality as the rest of us, and it shows.

Narrator: “But the hearing did not go well for him. Not at all…”

Thank God for reminding us @MassGuy !!! That beautiful voter registration!!

 

[marylamby]

Ok, might as well make it official so I can stop going back and forth on this like I have been. I booked a room in Salida for 2 nights with the hope of being able to attend. It's a gamble, but I will try my best to make it in. If I do, great. If not, I put my best foot forward.

GO NoSI!!! I've been playing around with the idea myself but 27 hours of driving? Still hesitant to fly, unless I win the lottery tonight, and go private!

 

[StarrDetective]

Thank God for reminding us @MassGuy !!! That beautiful voter registration!!

I hope this talk on here doesn’t somehow influence the hearing on Monday… I really hope BM’s defense can no longer change its mind.

 

[Cindizzi]

I went back to look at a case from 2017 in Colorado Springs because I thought the Defense had filed something to introduce an “ alternative suspect theory “. I didn’t find it, but look at what his Defense did claim.
To say this trial was contentious is an understatement, Defense demanded the Judge recuse himself (he didn’t). At one point the Defendant stood up and hurled a laptop at the Judge., and more.
P.S. the Jury rejected the DP but he was sentenced to LWOP + 171 years.

Judge delays ex-Fort Carson soldier's death penalty trial

Werner approved the postponement after Galloway's attorneys complained they hadn't had an opportunity to review more than 60,000 video clips from the home surveillance system of Janice Nam, one of two people Galloway is charged with killing.
Although the El Paso County District Attorney's Office provided the videos more than a year ago, the files were in a format that a defense expert said couldn't be opened without proprietary technology, public defender Julian Rosielle told the court. Prosecutors resubmitted the files in a readable format on Dec. 18.
Attorneys for Galloway also complained they had been unable to interview more than 40 people who may have "critical" information about the case. The attorneys also said delayed rulings by the judge on various legal matters had impaired their preparations.
In granting the continuance, Werner agreed that the late release of video surveillance was "troubling" and said a 60-day postponement was "not unreasonable." But he said the defense should have raised flags over the video evidence sooner, and suggested that its strategy has been "calculated for a delay." The defense could have filed pleadings sooner, and dragged its feet on other critical matters, the judge said.

 

[Ontario Mom]

Innocent?!? Every bible verse that he reads?

Context please? I'm catching up 6+ hours later.