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

[DBLG]

I can't get in. What is happening?

They just said they are having tech issues. I accessed the webex on my phone but had to call in also to hear the audio

 

[DizzyB]

Barry’s attorneys filed motions regarding discovery.

 

[Love Never Fails]

They just said they are having tech issues. I accessed the webex on my phone but had to call in also to hear the audio

Ok. Thanks. Anyone who is willing to post after the hearing, please do. It’s appreciated.

 

[Love Never Fails]

Barry’s attorneys filed motions regarding discovery.

Do they still not have everything from the prosecutor?

 

[MassGuy]

Moment of truth: Defense is going to decide if the prelim goes as scheduled.

 

[Love Never Fails]

Moment of truth: Defense is going to decide if the prelim goes as scheduled.

What can they do to stop it ?

 

[DizzyB]

Can we proceed with prelim or do you believe discovery issue needs to be dealt with first-if they want this dealt with first, it pushes prelim to November.

 

[NoSI]

I can see but can't hear anything... other than constant beeping. Tried calling in but still waiting to be admitted.

 

[10ofRods]

So...I guess Barry gets to decide whether he wants to wait in jail...until November for a discovery hearing and then a new date assigned for the Prelim - I bet it would be no earlier than January 2022.

Wow.

If you're not on WebEx, Barry is conferring about his choices with his attorneys. They may be seeking to postpone the prelim.

 

[Seattle1]

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.

 

[DizzyB]

Defense also wants to ensure this not be taped (are we going to get kicked out?). Lawyers are on cell with Barry discussing whether to proceed or postpone prelim.

 

[Love Never Fails]

So...I guess Barry gets to decide whether he wants to wait in jail...until November for a discovery hearing and then a new date assigned for the Prelim - I bet it would be no earlier than January 2022.

Wow.

If you're not on WebEx, Barry is conferring about his choices with his attorneys. They may be seeking to postpone the prelim.

So he sits in jail. What’s the down side for the prosecutor? Is there any?

 

[MassGuy]

What can they do to stop it ?

They can call the discovery hearing before the preliminary. If they do that, Murphy’s trial schedule means the prelim would be towards the end of the year.

 

[DBLG]

BM attorneys are checking with their “client” and stepped out of the room to consult with him vie phone,,,

 

[Warwick7]

He will postpone...that's a no brainer.

 

[DizzyB]

Speech time by Eytan.

 

[HongKongPhooey]

If I was innocent, with a strong defense, I'd be saying move it along and get me out of here...

 

[DizzyB]

3 more terabytes of discovery since June 2nd. Asking for bond, and attorney fees.

 

[Tumbleweed]

Did they just say they received 3 more terabytes of discovery since June 2??

Now they are asking for bond!

 

[NoSI]

This is unbelievable....