[URL='https://twitter.com/LaurenScharfTV']Lauren Scharf@LaurenScharfTV[/URL]
For those wondering the Webex was hacked in the
#BarryMorphew case and was being broadcasted on YouTube which is against the court orders… no electronics are allowed inside the courtroom now.
2:49 PM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
As of right now, we will no longer be allowed to tweet live during
#BarryMorphew court proceedings. If this changes, I will let you all know ASAP! I’ll be giving another live report at 5 pm on
@FOX21News
9:53 PM · Jan 24, 2022·
Lauren Scharf@LaurenScharfTV
Judge Ramsey Lama will first be looking at the motions to quash. The defense has subpoenaed members of the Chaffee County Sheriff's Office & CBI. The judge says he has reviewed previous documents and is up to speed in this case.
#BarryMorphew
7:07 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
A defense attorney is saying
#BarryMorphew legal counsel pleaded with the prosecution before critical deadlines to get all discovery. They claim emails to the prosecution were not responded to so they reached out to specific CBI agents directly to get information in this case.
7:24 AM · Jan 24, 2022
L
auren Scharf
@LaurenScharfTV
The defense attorney said
#BarryMorphew legal team has been deprived of material that should have been provided and is relevant to the discovery sanctions. The prosecution is supporting the motion to quash.
7:26 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The defense attorney for
#BarryMorphew is going down a list of agents' names, members of the AG's office, and other investigators on this case that they haven't received emails they've requested. The defense claims they've only received about 5% of this information.
7:34 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The defense attorney is now talking about the drafts/all copies of the arrest affidavit of
#BarryMorphew. They say they haven't received those either and believe they should have them by now.
7:37 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The defense attorney is now talking about an internal affairs investigation involving CBI Agent Joseph Cahill. He resigned on Dec. 8. There was an accidental discharge of his weapon in his home. She's now explaining Cahill's part during the
#BarryMorphew case and his credibility.
7:42 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Now talking about a letter between the prosecution & the Dir. of CBI about the internal affairs investigation of Cahill. The defense wishes they had the info about the invest. before they have him testify today. They feel like their requests for this info have been unsuccessful.
7:45 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The defense attorney claims the versions of the affidavit show that investigators didn't look at other potential suspects including the partial male DNA found on the glovebox and claims this material is relevant.
7:47 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
The prosecution is saying they've had help from numerous agencies to make sure that discovery is accurate and to track it. It's been a cumbersome process and they are working on it. "It's the nature of the beast, with what went on."
7:49 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Now talking about emails... "We are working on getting that to the defense... again judge these are LE agents that have decades of experience. Those agents know what is exculpatory evidence or irrelevant. I have not deleted 1 email. I've deleted phone # those types of things."
7:52 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The judge's order about emails was sent out to LE agencies. CBI & Chaffee County Sheriff's Office widely distributed the order, according to the prosecution.
7:55 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
As to the previous drafts of the affidavit, the prosecution doesn't believe this is rule 16 (doesn't believe it should be provided to the court). The prosecution says the letter about Agent Cahill he provided it to the defense the same day he received it.
7:59 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Iris Eytan is now providing the judge the transcript from the hearing of May 27th, 2021. It is now being admitted into the court as an exhibit. The defense is now responding to the statements of the prosecution to the judge.
8:01 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
#BarryMorphew defense claims the prosecution is blaming CBI for not handing over discovery timely saying the District Attorney's Office is responsible for what is in their custody and control.
8:08 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Judge Lama rules the defense has met their burden for information about Agent Cahill's internal affairs investigation. The judge will do an in-camera review.
8:19 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The judge and Iris Eytan are discussing the
#BarryMorphew affidavit drafts. She is explaining that there are witness statements that were in previous versions that she claims are relevant and should be disclosed as witness statements.
8:25 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Prosecutor Hulbert claims he doesn't have the affidavit that Former Agent Cahill was speaking about and the one that Eytan is discussing. Judge is ordering that it would be provided to the DA's Office. Cahill subpoena will be continued until Feb. 1 at 9:30 a.m.
8:28 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Judge Lama says the defense makes a good argument. "In my years on the bench, and my practices as a lawyer, he's never seen this lengthy affidavit either." The court finds the draft by Agent Graham must be disclosed today.
8:32 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Eytan clarified that there are two agents that revised the affidavit. CBI attorney said they know about Agent Graham but not Cahill. The judge is only ordering Graham's revision and is giving the prosecution 7 days to hand it over to the defense.
8:34 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Judge Lama says emails should have been provided this past summer, it's a big burden. He denies the prosecution's motion to quash. Discovery needs to be handed over to the defense no later than Jan. 31.
8:47 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
Now we will turn to motions for pre-trial publicity violations. The defense wanted to call former ADA Jeff Lindsey to the stand but is searching for him in the courthouse. Mr. Lindsey is not here. The prosecution is texting him to see if he is on his way.
8:49 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The prosecution is wanting the pre-trial publicity violations to be heard on Feb. 1. Eytan wants it today. District Attorney Linda Stanley is not here. At the previous status conference, the judge did alert both parties about discussing the pre-trial publicity violations.
8:55 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The court will hear the motion about pre-trial publicity violations if we have time today rather than pushing it back.
8:57 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Eytan says former ADA Jeff Lindsey was subpoenaed on Nov. 9 & continued. She contacted him by email, didn't hear back. Eytan emailed again as well as Hulbert. He's in court in Pueblo. She now says Lindsey is in contempt and wants him to be ordered to appear this afternoon.
9:12 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Prosecutor Mark Hulbert is texting former ADA Jeff Lindsey to appear in person this afternoon. We are waiting for Lindsey's response.
9:15 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Former ADA Jeff Lindsey will appear at 2 p.m. Court is in recess for 10 min.
9:16 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
#BarryMorphew attorney Iris Eytan calls Commander Alex Walker to the stand. He currently works for the Chaffee Co. Sheriff's Office but had worked for the 11th Judicial District Attorney's Office (June 3rd was last day) and at the time he was the only investigator.
9:36 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
Commander Alex Walker has been investigating the case since day one. He has seen multiple items of evidence also conducted many search warrants in the
#SuzanneMorphew case. He also signed the affidavit of
#BarryMorphew Walker denies reading every report in the case.
9:38 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Commander Walker says multiple investigators submitted requests for revisions to the
#BarryMorphew arrest affidavit. Either by word of mouth or email. Continued by saying Agent Cahill sent them by email.
9:40 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker said switched from DA's office to the CCSO email/phone before June 7th. Cahill made revisions up to page 19, according to testimony by Cahill previously. Walker testifies he doesn't recall his emails from Cahill or emails from Agent Derek Graham.
9:45 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker is now testifying about the partial DNA matches from the glove box. Agent Cahill put it to rest claiming he knew people in Arizona and would take care of it, according to Walker. Walker didn't know about the 3 CODIS matches before signing
#BarryMorphew arrest affidavit.
9:49 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Commander Walker sent out an email on June 4th to multiple LE, didn't include motions. Just said to please pass this May 27th order on to the members of your agency. He said he didn't receive calls about the order.
9:58 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker claims he only had one encounter by phone with DNA experts but adds he's had many meetings with top investigators as a group on
#SuzanneMorphew case.
10:02 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Eytan is refreshing Walker's memory by showing him an email he sent on Sept. 20, 2021, to the DNA experts along with other investigators. It says there was a meeting that he participated in where they discussed the 3 CODIS matches & what CODIS means. He doesn't recall takingnotes
10:07 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker says he didn't understand from the order that he was supposed to provide the prosecution with this information. They are discussing emails he sent to 6-7 investigators that were favorable to the defense.
10:10 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker says he did nothing to preserve the emails from the DA account. Eytan asks if he has been asked to locate the emails from the DA's Office... "No." This is the order he sent out to multiple LE agencies on June 4th.
10:12 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
The order made by Judge Patrick Murphy on May 27th was to save any communication about the
#SuzanneMorphew #BarryMorphew case including texts and emails.
10:16 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Eytan says had it not been for the communication log or the email about the meeting discussing CODIS the defense counsel might not have known about it.Walker doesn't know if anyone took notes. The unknown CODIS match is favorable to the defense & Walker agrees to this statement.
10:24 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Eytan is questioning Walker about when he asked investigators to preserve information on the
#SuzanneMorphew case whether it was before the preliminary hearing or not. Judge Lama is standing now.
10:28 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Walker says he doesn't have any notes on the unknown profile. He says he was in a lot of meetings. Eytan asks if he selected a particular email to not share with the defense. Aug. 2nd email was about a meeting to talk about CODIS just a few days before prelim.
10:34 AM · Jan 24, 2022·
Lauren Scharf
@LaurenScharfTV
Judge Lama explains he's standing b/c he has a bad hip. He's asking Walker to clarify when the People brought up the CODIS match of the unknown male in the prelim. It wasn't until after the defense had Agent Cahill testify but there's a letter about it before the prelim.
10:39 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
Commander Walker says he only knew about the Tempe one in May. In his 15 years in LE, this is the first case involving a CODIS match. Eytan says there are different foreign male DNA on multiple pieces of evidence in this case. To this day, still trying to figure out who it is.
10:42 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The prosecution objected wanting to know the relevance. Eytan responds it's possible that
#SuzanneMorphew could have been abducted. The DNA matches are relevant. Walker says I didn't work on the DNA stuff, had information about the DNA, but wasn't running the DNA investigation.
10:50 AM · Jan 24, 2022
Lauren Scharf
@LaurenScharfTV
The Tempe, AZ match resulted from DNA at a convenient store sexual assault which matched a sexual assault in Pheonix. The defense says it wasn't produced to them until Sept. 27... 10 days later. LUNCH BREAK
11:07 AM · Jan 24, 2022
