CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

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District Judge Patrick Murphy: “not prepared to issue a ruling, today.” #SuzanneMorphew

https://twitter.com/greg_nieto/status/1430258497514397696?s=21
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@CarolAMcKinley
Nielsen stands - We are urging the court to rule on the proof evident today....so that Mr. Morphew doesn't have to continue to sit in jail. Judge says he’d rather make the decision correctly rather than too quickly. Judge says to come back at 230.
---
BREAKING: Judge Murphy- He has 25 pages and says he can’t come to a decision today.
I want to keep the attorneys [in the courtroom] and schedule a time for a hearing for the decision.
#BarryMorphew #SuzanneMorphew

https://twitter.com/crimetalkpod/status/1430259101590638595?s=21
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Ashley Franco @AshleyKKTV 3m
Dru Neilsen asks judge to make a decision today becasue they do not believe prosecutors have laid a solid case. They ask for a decision so #BarryMorphew does not have to sit in jail. Judge says he understands but he needs time. @KKTV11News
 
Nielsen: I appreciate the courts need to be thorough....but I do not think they have met the burden that the proof is evident of first-degree murder.....Make a decision so #BarryMorphew doesn’t have to sit in jail.....

Judge Murphy- I understand but I would rather make the decision correctly...I’m going to have to put quite a bit of effort laying out the evidence so I can explain my decision. I am not able to do that today. I am not a robot. Let’s work on making a date for the next hearing...

Family, media, and public leaves the courtroom for Judge Murphy, state, and defense to schedule a date for the next hearing.

https://twitter.com/crimetalkpod/status/1430259526880485379?s=21
 
Barry Morphew Prelim Day 4 part 2


Crime Talk with Scott Reisch
@CrimeTalkPod
Everyone is back in the courtroom. We have been sitting in silence for about 3 minutes waiting for Judge Murphy

Lauren Scharf
@LaurenScharfTV
Back on the record: CBI Agent Joseph Cahill is back on the stand for the #BarryMorphew hearing. The is asking him about allele which is a variant form of a gene. The defense objects saying he isn't a specialist in DNA or forensic scientist.

Carol McKinley
@CarolAMcKinley
Back from lunch lurching back and forth as Mark Hurlbert starts asking CBI Agent Joe Cahill DNA questions. Objection from the defense that Cahill is not a forensic scientist.We move on. Now discussing the prison DNA database "CODIS"

Crime Talk with Scott Reisch
@CrimeTalkPod
Codis match/hit - what does that mean?
Agent Cahill: One sample was compared to another and there was possible pieces that may be related.
State: If there is a Codis match, they cannot be arrested just on this, right?
Defense objects (Up pointing backhand index)

Lauren Scharf
@LaurenScharfTV
The state is now asking about Agent Cahill familiarity with a CODIS hit. Cahill says a match means a lead for investigators to attempt to take a standard (another sample of DNA from the subject) to get it analyzed from the original DNA sample from the crime scene.

Lauren Scharf
@LaurenScharfTV
Agent Cahill is being asked about what a keyboard search is. Scientists are comparing the two samples to decide if it is worth law enforcement time to investigate.

Ashley Franco
@AshleyKKTV
Agent Cahill is back on the stand, prosecution is continuing cross-examination. They're discussing DNA profiles from #SuzanneMorphew car. @KKTV11News




Lauren Scharf
@LaurenScharfTV
CBI Agent Cahill said in each one of these cases (the three sexual assault leads from other states obtained from the DNA swab on #SuzanneMorphew glove box) did not arise for probable cause.

Crime Talk with Scott Reisch
@CrimeTalkPod
State is asking Agent Cahill questions about how he interprets DNA testing reports.
Eytan has objected about 10 times. Beyond the scope, witness is not an expert, leading.
Barry sits back in chair and crosses leg over lap.


Lauren Scharf
@LaurenScharfTV
Iris Eytan is now at the podium for redirect

Ashley Franco
@AshleyKKTV
Defense is now back for re-direct. Reminder-- before lunch we were told this would be the defense's last witness.
@KKTV11News #BarryMorphew #SuzanneMorphew

Lauren Scharf
@LaurenScharfTV
According to the forensic scientist report, there was an unknown male DNA on the seat of #SuzanneMorphew bike. Eytan asked if Agent Cahill LE knew if there were individuals that had matches to the DNA if he would have a swab sample done. He said yes.


Crime Talk with Scott Reisch
@CrimeTalkPod
Eytan is done questioning. Cahill steps down. Done with witnesses.

Carol McKinley
@CarolAMcKinley
After much talk about unknown DNA on Suzanne's bike and in her car, we are finished. Judge Patrick Murphy says there have been 20 hours of testimony and he's taken 25 pages of notes. It's now time for him to decide whether to bind #BarryMorphew over for trial.

Lauren Scharf
@LaurenScharfTV
Judge Patrick Murphy said he isn't going to make a decision today. He took 25 pages of notes and there were over 20 hours of testimony. Looks like he is going to talk with attorneys about when the next hearing will be set.
Ashley Franco
@AshleyKKTV
There you have it, the defense has wrapped up their witnesses. The case will be handed to the judge to decide if it will go to trial. He said he is not prepared to make a decision today following at least 20 hours of evidence presentation and testimony.#SuzanneMorphew
@KKTV11News


Jamie Leary
@JamieALeary
WE ARE DONE WITH ALL WITNESSES - 20 hours of testimony 25 pages of notes from the judge. He won't make a decision today on the #BarryMorphew case. The judge says he's never seen so many witnesses. He says he is going to have a lot of work ahead to make a decision
@CBSDenver

Ashley Franco
@AshleyKKTV
Dru Neilsen asks judge to make a decision today becasue they do not believe prosecutors have laid a solid case. They ask for a decision so #BarryMorphew does not have to sit in jail. Judge says he understands but he needs time.
@KKTV11News

Carol McKinley
@CarolAMcKinley
Nielsen stands - We are urging the court to rule on the proof evident today....so that Mr. Morphew doesn't have to continue to sit in jail.
Judge says he’d rather make the decision correctly rather than too quickly. Judge says to come back at 230.

Crime Talk with Scott Reisch
@CrimeTalkPod
BREAKING: Judge Murphy- He has 25 pages and says he can’t come to a decision today.
I want to keep the attorneys [in the courtroom] and schedule a time for a hearing for the decision.
#BarryMorphew #SuzanneMorphew

Lauren Scharf
@LaurenScharfTV
#BarryMorphew Attorney Dru Nielsen said, "Doesn't think they (state) have met the burden of proof." She is asking for Morphew to not sit in jail. Judge said he couldn't make that decision today. Court is in recess until 2:30 p.m.



Crime Talk with Scott Reisch
@CrimeTalkPod
Nielsen: I appreciate the courts need to be thorough....but I do not think they have met the burden that the proof is evident of first-degree murder.....Make a decision so #BarryMorphew doesn’t have to sit in jail.....


Crime Talk with Scott Reisch
@CrimeTalkPod
Judge Murphy- I understand but I would rather make the decision correctly...I’m going to have to put quite a bit of effort laying out the evidence so I can explain my decision. I am not able to do that today. I am not a robot. Let’s work on making a date for the next hearing...

Crime Talk with Scott Reisch
@CrimeTalkPod
Family, media, and public leaves the courtroom for Judge Murphy, state, and defense to schedule a date for the next hearing
 
10 most damning pieces of evidence against Barry Morphew | Daily Mail Online

8/24/21

  • Investigators presented stunning evidence during days of preliminary hearings that could be damning to Barry Morphew's defense
  • Photos show barely-healed cuts to both Barry's arms and what Undersheriff Andy Rohrich described as 'fingernail marks' to his upper left arm
  • Rohrich testified that a .22 caliber round was found on the floor of Suzanne's bedroom next to her side of the bed
  • Barry admitted to deleting texts on his phone between him and Suzanne on May 21 – after the police investigation into his wife's disappearance had begun
  • An empty tranquilizer dart was found in the dryer of the home, along with a pair of khaki shorts. Barry was caught on security footage in khaki shorts on May 9
  • Barry was repeatedly caught stopping to dispose of trash the night of her disappearance, but his car was filled with clutter and trash when police arrived
  • Barry, 53, stands accused of first-degree murder, evidence tampering and other charges in connection with the disappearance of his 49-year-old wife
 
Barry Morphew's defense insists he's innocent on final day of preliminary hearing | Daily Mail Online

8/24/21

  • Barry Morphew was back in court for the final day of a preliminary hearing that will decide if he goes on trial for the murder of his wife Suzanne
  • Judge Patrick Murphy said he will not make a decision today on whether to send the case to trial
  • Morphew's adult daughters Mallory and Macy - who reported their mother missing last year - were seen leaving the court on Tuesday
  • The dad-of-two sat stone-faced wearing a light gray suit, black tie and white shirt as his attorneys began making his case for the defense
  • The court heard that male DNA that partially matches an unsolved sexual assault case in Tempe, Arizona, was found on the glovebox of Suzanne's Range Rover
  • Morphew's defense suggested that the DNA on the glovebox means someone else could have murdered Suzanne
  • But the district attorney countered that Morphew's DNA was also found in his wife's car on the front driver door and the pocket behind the seat
  • DA Jeff Lindsey told the court Morphew had murdered his wife with animal tranquilizer after she tried to leave him for another man
  • But Morphew's defense insisted he had no idea Suzanne was having a two-year affair with married dad-of-six Jeff Libler until informed by a CBI agent
 
Morphew: Hearing continues with questioning of FBI agent

8/24/2021

An item initially described as a tranquilizer dart cap found in the dryer was later identified as a needle sheath after defense attorney Dru Nielson pointed out that darts don’t have caps.

Dart material was found in the garage with directions on how to fill them, but searches by law enforcement failed to find any vials as depicted in an owner’s manual found on the property. Barry said if a cap was found it had nothing to do with him. Grusing said he could not say how long the cap had been in the dryer. It was found on May 19, nine days after law enforcement had control of the Morphew house. DNA from two people was found on the cap. Neither was from Barry.

[..]

Barry stated he used tranquilizers on deer so he could cut off their antlers. However Undersheriff Andy Rohrich, in testifying, said a search of the Morphew property produced no antlers that had been sawed off.

[..]

Other points that surfaced in Monday’s hearing were:

• No blood was found anywhere.

• A search of Suzanne’s car revealed her money, identification and credit cards were in the vehicle.

• MG, an employee of Barry’s, said she had never seen him violent or lose his temper, and he was always respectful toward her. She said he loved his wife. She knew him four months.

• On the day of the job in Broomfield, May 10, CC, another employee, was supposed to go with Gentile to Broomfield but was out of town, so another employee, JP, went. Gentile and Puckett noticed the strong smell of chlorine in the hotel room Barry had vacated and left for Puckett to occupy. A hotel employee later said that room was just above the hotel’s pool, and in September the room still smelled of chlorine.

• Barry claimed Suzanne was using alcohol and drugs, and when she needed money she went to him. He was her ATM.

• Asked if he had any alternative suspects in Suzanne’s disappearance, Barry named two men, neither of whom was Jeff Libler, the man later identified as her lover.

• Harris and Grusing did not tell Barry the name of his wife’s lover until Jan. 27, and at that time he professed disbelief, saying she would be the last person in the world to do that.

• Barry asked the FBI agents if they could give him immunity if “I opened up my life to you.”

• Asked about voting on Suzanne’s behalf in November, after she disappeared, Barry said he knew she was going to vote for Trump so he did it on her behalf.

• Barry said he was in shock for five days after Suzanne’s disappearance, and if he forgot or left something out when questioned, it was not intentional.
 
Court: Unknown DNA found on Suzanne Morphew's bike amid her disappearance - KRDO
snipped
SALIDA, Colo. (KRDO) -- During the final day of preliminary hearings in Chaffee County, the defense questioned an FBI agent who said unknown DNA was found on Suzanne Morphew's bike.
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Unknown DNA was found on Suzanne's bike grips and handlebars. It did not match Barry, although some of Barry's DNA was found on the bike's seat. An expert testified Monday that the way the bike was found indicated that someone had pushed the bike without riding it.
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There was also DNA found on Suzanne's glovebox in her car. When investigators ran that DNA through a database (CODIS), it was a partial match to three suspects in different sex assault cases: one out of Tempe and another out of Chicago. Those cases are all unsolved.
more at link
 
Colorado Supreme Court holds public hearing on proposed rule for sealing and suppressing criminal court records | Colorado Freedom of Information Coalition

Oct 14, 2020

The Colorado Supreme Court moved closer Tuesday to possibly adopting a statewide standard for guiding judges’ decisions to seal or suppress court records in criminal cases.

The justices held a public hearing on proposed Rule 55.1 that featured several suggested revisions from Steve Zansberg, a First Amendment attorney who is president of the Colorado Freedom of Information Coalition.

Four years ago, Zansberg urged the judicial branch’s Rules of Criminal Procedure Committee to consider a uniform standard for restricting access to criminal court records, noting that the lack of such a rule forces each trial court judge in Colorado to determine the legal principle to apply whenever there are disputes over public access.

[..]

But Zansberg also discussed several concerns about the rule as currently drafted, including the standard to be used for overcoming the public’s right to inspect court records. Using a “substantial” rather than a “compelling” governmental interest is insufficient “to adequately protect the public’s presumptive right of access,” he said.

[..]

Zansberg also urged the justices to reject a portion of the rule that would automatically seal all the motion papers regarding any request for sealing or suppression. Disclosing documents that explain legal arguments and precedents for suppressing records would not “by themselves cause the release of the sensitive information that is the subject of such motions,” he said.

[..]

Dailey told the Colorado Supreme Court that New Hampshire and some other states have used “substantial interest” as their standard to override the presumption of public access to court rules.

“We did not go with compelling interest because compelling interest, we thought, was a loaded term used in constitutional law,” he said. “And usually in the use of compelling interest, you might as well not do more balancing, you’ve already got a determination made. We thought the right to a fair trial, the right to victims’ privacy and witnesses’ privacy, defendants’ privacy were substantial interests … rather than compelling.”
 
Judge rejects media consortium’s request to reconsider sealing of Barry Morphew arrest affidavit | Colorado Freedom of Information Coalition

July 21, 2021

The 130-page arrest affidavit for Barry Morphew, who is accused of murdering his wife Suzanne Morphew in 2020, will remain sealed for now.

Chaffee County District Court Judge Patrick Murphy last week rejected a news media consortium’s request that he reconsider his June 4 order closing the record until at least early September.

“The Media Consortium questions the legitimacy of denying public access to the entire Affidavit based upon the length and details contained within it and also questions the likelihood that this information can’t be redacted,” the judge wrote. “However, it wasn’t merely the details and length of the Affidavit that resulted in the Court’s decision to restrict public access.

“It was also the Court’s desire that efforts at redaction be done meaningfully and with reliable input from the parties, which cannot occur until the parties have had time to familiarize themselves with the investigation.”

[..]

But the alternatives suggested by Zansberg “only respond to abuse or harassment and do nothing to prevent it,” Murphy wrote in his latest order, issued July 16. “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.”

The judge also rejected the media consortium’s contention that the court is required under Rule 55.1 to find that “no less restrictive means” exist to protect Barry Morphew’s right to fair trial. Morphew’s fair trial rights “were not identified by the Court as a substantial interest in its Order,” Murphy wrote. “Therefore, there is no requirement that the Court consider less restrictive means or balance Mr. Morphew’s fair trial rights against the presumption of public access.”
 
IMO,, if judge was gonna let him off the hook he would have done it.
MOO.
 
Can't find the timeline. Can someone direct me?
 

Barry Morphew Still in Jail | Profiling Evil 8/25/2021

Let's recap the preliminary hearing as we wait for Judge Patrick W. Murphy's decision about whether Barry will be held over for trial in the Suzanne Morphew murder case.
_______________

At 10 min mark, PE has graphic of the vast area BM could have reached to discard SM's body before traveling to Broomfield.
 
Morphew Pretrial Hearing Wraps Up, Awaiting Trial Decision - by Jan Wondra - Ark Valley Voice

8/25/2021

[..]

Murphy did not appear perturbed by a request from the disappointed defense attorneys Dru Nielsen and Iris Eytan who wanted the judge to make an immediate decision regarding whether the case will go to trial, saying “We are begging the court to at least rule on proof of evidence today … so Mr. Morphew doesn’t have to sit in jail.”

“I’d rather make the decision correctly, rather than expeditiously. The evidence, either way, is the same,” said Murphy. “I’m going to have to put quite a bit of effort into laying out that evidence so it’s clear in my head. I’m not doing it today.” He paused slightly and added — “I’m not a robot.”

The parties to the case have until Sept. 3 to file their briefs, and that day the court may decide to release the arrest warrant affidavit. A 1:30 p.m. Friday, Sept. 17 in-person hearing is scheduled at which time the attorneys can make their arguments for and against going to trial, and the judge will make his ruling regarding a trial.

[..]
 
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