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

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Judge will rule on whether or not to dismiss Barry Morphew case

March 4, 2022

FREMONT COUNTY, COLO., - Law enforcement officers from local and state agencies investigating Suzanne Morphew’s disappearance testified in court Friday that they all agreed there was probable cause in the case, but disagreed on the timing for when Barry Morphew should have been arrested.

[..]

CBI Agents said there was still more investigative work to be done, test results they were waiting on, that they were hoping to interview more people, as well as other reasons they wanted to wait.

“I understood that they were about to make an arrest… so I call him and told him that Barry Morphew was still speaking to our investigators and I didn’t want that to come to a close,” Camper said in court. “He disagreed… one of the main concerns he expressed was that Mr. Morphew would flee. I wasn’t as concerned about that.”

Still, 11th Judicial District Attorney Linda Stanley and Chafee County Sheriff John Spezze moved forward with arresting Morphew and charging him with murder, despite the concerns expressed by members of CBI.
 
Barry Morphew case: Prosecutors disagreed on timing of arrest | 9news.com

3/4/22

“There was no rush,” Sheriff Spezze testified in court.

Spezze said that while he didn’t have any specific concerns about Morphew fleeing and running away from authorities, he said that is always a concern. Morphew was arrested nearly a year to-the-date after his wife went missing.

District Attorney Linda Stanley was subpoenaed by the defense to testify Friday in the case which she brought the charges. Stanley has not been in court on a regular basis for several months, though it’s unknown why.

The defenses’ motion to dismiss the case centers around their claim that prosecutors withheld “exculpatory evidence” that would have brought into question whether probably cause would have been granted after the preliminary hearing.

Judge Ramsey Lama said he would take the motion under advisement and rule on the motion “in due time.”
 
Barry Morphew case: Prosecutors disagreed on timing of arrest | 9news.com

3/4/22

FREMONT COUNTY, Colo. — Law enforcement officers from local and state agencies investigating Suzanne Morphew’s disappearance testified in court Friday that they all agreed there was probable cause in the case, but disagreed on the timing for when Barry Morphew should have been arrested.

[..]

“I understood that they were about to make an arrest… so I call him and told him that Barry Morphew was still speaking to our investigators and I didn’t want that to come to a close,” Camper said in court. “He disagreed… one of the main concerns he expressed was that Mr. Morphew would flee. I wasn’t as concerned about that.”
 
Multiple witnesses won’t be able to testify as experts in Morphew murder trial | FOX21 News Colorado

3/31/22

FREMONT COUNTY, Colo. — There have been new developments in the upcoming Barry Morphew trial. Morphew is accused of murdering his wife, Suzanne, on Mother’s Day Weekend in 2020.

On Wednesday, a judge ruled that Veterinarian Lisa Wolf, who was expected to testify about tranquilizers, will not be allowed to take the stand as an expert. Prosecutors believe Suzanne Morphew may have been shot with a tranquilizer before she was killed. The sheath cap matching a tranquilizer needle was discovered in the Morphews’ dryer in the days following her death.

The judge also ruled that Doug Spence, a K9 handler will not take the stand in the trial either. The K9 from the Department of Corrections was used on May 10 when Suzanne was reported missing to sniff out the area where Suzanne’s bike was found. The K9 did not pick up on a scent near County Road 225 and Highway 50. This was the only day this dog was used in the investigation.

Christine Foote-Lucero, a forensic nurse examined photographs of scratches on Morphew’s hand and arm but did not examine him in person. The defense would like to strike her testimony from the trial as well but the judge will determine that ruling at an April 29 hearing.

[..]

Motion for the court to impose sanctions for the prosecution’s pattern of discovery violations. The judge has not dismissed the case which the defense has suggested he do, multiple times.

In the multiple motions filed to strike expert testimony, the defense has reminded the courts of Morphew’s rights including the right to remain silent and the right to appeal.

https://www.fox21news.com/wp-content/uploads/sites/37/2022/03/MORPHEW-d62d-mar23.pdf
 
Accused killer Barry Morphew in court, several expert witnesses no longer able to testify against him - KRDO

3/30/22

CAÑON CITY, Colo. (KRDO) -- Following a motion hearing in Fremont County for Barry Morphew, the man accused of killing his wife in 2020, 12 of the 14 possible expert witnesses against him are no longer allowed to testify.

[..]

The hearing Wednesday centered around who will be allowed to testify during the trial, which is set to happen in April. Two of the prosecution's witnesses didn't show up, and a third is now not allowed to be used by the prosecution during the trial as part of a court sanction.

One of the witnesses was a veterinarian who was expected to testify about animal tranquilizers and how it affects them. The prosecutors said they had hoped it would help allow a jury to infer how it could possibly work on humans. A sheath to a tranquilizer dart was found in Morphew's dryer.

However, the judge ruled against allowing the veterinarian to testify, citing a lack of evidence of Suzanne Morphew's DNA on the cap.

The prosecution had also planned on using a K-9 handler of a dog that was assigned to search for Suzanne on the night she went missing.

The K-9 handler said he had filed a report on the case, but the prosecution never asked for it and told the defense it didn't exist. The prosecution was issued a violation for not collecting the report and giving it to the defense as well. Now, the handler is only eligible as a witness for the defense if it chooses to use his testimony.

The defense asked again to have the case thrown out. While that didn't happen today, the judge is still considering a prior motion to toss the case and will make a ruling in the near future.
 
Judge Rules More Witnesses Can't Testify As Experts In Barry Morphew Trial

3/30/22

Some of the witnesses include a K9 handler who helped in the search for Suzanne Morphew, Barry’s wife, after she disappeared in May of 2020. Another expert who won’t be able to testify for the prosecution is a Colorado Parks and Wildlife expert on tranquilizer darts.

KKTV reports the two are now among 12 out of 14 expert witnesses who will not be allowed to testify as experts for the prosecution
 
More expert testimony blocked from Morphew trial

3/30/22

Eytan said investigators found no syringes in the house containing the tranquilizer in question and that the syringe cap was not in a pair of Morphew’s shorts in the dryer.

She told the judge “The prosecution has made this needle sheath as their claim that Mr. Morphew murdered his wife.” Previous testimony in the case indicated that DNA was found on the tranquilizer cap but that it was not Barry Morphew’s.

Prosecutor Mark Hurlbert said the inference that Morphew used the wildlife tranquilizer on his wife is based on the fact that Morphew admitted he had used the tranquilizer on deer and that there was no blood evidence found in the Morphew home.

Hurlbert said the intent was for the wildlife expert to testify that if the tranquilizer could be used to kill a deer a parallel could be drawn that it could be used to kill a human.

In granting the defense motion to block the expert testimony, Judge Lama said to begin with, there was no trace of the tranquilizer in the house and in a no-body homicide, no direct evidence that Suzanne Morphew was tranquilized. Lama said it would simply be too speculative to allow the prosecution to proceed only on a theory that a tranquilizer was used on Suzanne Morphew.

[..]

Judge Lama clarified that he was not excluding the discovery of the syringe cap in the dryer as part of the prosecution’s evidence, only that the expert testimony was being excluded at trial.

[..]

Grosgebauer said they had just learned for the first time outside the courtroom that Spence had generated a written report about the search but that it was secured on his computer at the Buena Vista Correctional Facility.

While Judge Lama ruled that prosecutors violated a court order to deliver all written reports to defense attorneys he allowed the defense team to call Spence to the stand Wednesday.

[..]

In the end Judge Lama said that while Spence would not be endorsed as a witness for the prosecution he would allow defense attorneys to call Spence during the trial.

Defense attorney Jane Fisher-Byrialsen argued for more sanctions against prosecutors noting that they had spent time and money preparing for Spence’s testimony with a rebuttal witness. She asked for outright dismissal of the case and reimbursement for expenses incurred.

[..]

Judge Lama found that there was no willful misconduct by prosecutors in not learning until Wednesday about Spence’s written report on the search.

Saying that dismissing the case was too severe, the judge cited case law that “the need to find the truth is paramount.” Judge Lama said confessing the motion prohibiting Spence from being qualified as an expert witness was a sufficient sanction.

Another pre-trial hearing for Morphew is set for April 19th in Cañon City. He is set to go on trial in about four weeks when jury selection gets underway on April 28th and 29th. The trial is expected to last up to five weeks.
 
Barry Morphew prosecution team wants witnesses reinstated | 9news.com

April 11, 2022

FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

[..]

Lama ordered that experts Megan Duge, Ken Hicks, Kevin Hoyland, Andrew McDermott, James Stevens and officers Derek Graham, Jonny Grusing, Ken Harris, Andy Rorrick and Alex Walker not be allowed to testify at trial.

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."


The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

[..]

The defense team filed a response to the prosecution's motion, asking the judge to deny that motion.

The defense team's response to the court states, "The facts in this case are insufficient to reach a murder conviction and the stricken experts do nothing more than bolster uncorroborated theories and hunches the prosecution would like the jury to adopt in what would be a specious and wrongful conviction."

The defense team's reply says that six weeks after the prosecution's deadline to provide expert disclosures to the defense and three weeks after the court struck these witnesses, the prosecution now wants to provide the information to the court with "new information and reports, that it claims are critical to prove its theory of murder."
_______________
MOTIONS BY PROSECUTOR & DEFENSE AT THE 9NEWS LINK ABOVE
 
Jack Heeke KKTV@heekejack

I’m at the Fremont County Courthouse where #BarryMorphew will have a pre-trial readiness conference. This is Morphew’s final scheduled appeared before jury selection begins next week.

7:52 AM · Apr 19, 2022

@heekejack

The prosecution has filed a #motion entitled “motion to dismiss without prejudice”. The court has entered into a 15 minute recess so all parties can discuss the motion.

8:07 AM · Apr 19, 2022·

@heekejack

The motion was filed this morning, as of right now no ruling has been made.

8:09 AM · Apr 19, 2022

Jack Heeke KKTV@heekejack

Almost two years after #BarryMorphew was accused of murdering his wife #SuzanneMorphew his case may be dismissed.

8:11 AM · Apr 19, 2022

Jack Heeke KKTV@heekejack

Per #BarryMorphew defense. “It seems clear that the case will be dismissed today”. However, the court has entered into another 20 minute recess.

8:36 AM · Apr 19, 2022·
 
Marc Sallinger
@MarcSallinger

Barry Morphew arrives in court this morning with his two daughters, now just 9 days before his trial is set to start. He’s charged with murdering his missing wife Suzanne. I’ll tweet updates here during breaks from court

7:48 AM · Apr 19, 2022

Marc Sallinger@MarcSallinger

BREAKING District Attorney Linda Stanley has filed a “Motion to Dismiss Without Prejudice” in Barry Morphew’s murder trial. Judge was just made aware of motion and is reviewing it. Morphew’s daughters and attorney’s started hugging and crying when they found out in court

8:12 AM · Apr 19, 2022
 
Last edited:
Marc Sallinger[URL='https://twitter.com/MarcSallinger']@MarcSallinger[/URL]

Update from court: we’re in another 20min recess after Morphew’s defense Attorney’s are reviewing their options. They say they may move to reject the motion, saying that the case should be dismissed in a manner that would not allow prosecutors to file new charges

8:42 AM · Apr 19, 2022

@MarcSallinger

In motion to dismiss, prosecutors write “law-enforcement believe we are close to discovering the victim’s body”. Searches are focusing on a “remote and mountainous region near the Morphew residence”. They say area where they “believe Ms. Morphew is located” is under 5ft of snow

8:47 AM · Apr 19, 2022

@MarcSallinger

NEW: Judge grants motion to DISMISS murder charges against Barry Morphew without prejudice, meaning prosecutors can bring new charges against him down the line. The trial scheduled to begin next week has been vacated. Suzanne Morphew’s body is still missing

9:38 AM · Apr 19, 2022

@MarcSallinger

Barry Morphew walks out of court for the first time since murder charges against him were dropped. He walks out with his daughters and lawyer, saying little in response to questions
[video at link]
9:52 AM · Apr 19, 2022
 
https://www.thedenverchannel.com/ne...s-motion-to-dismiss-barry-morphew-murder-case

4/19/22

FREMONT COUNTY, Colo. — A Fremont County judge has granted the prosecution's motion to dismiss the murder case against Barry Morphew, who was accused of killing his wife in 2020.

The prosecution's motion asked the court to dismiss the charges without prejudice, meaning Barry can be tried again if prosecutors refile charges.

Defense attorneys for Barry Morphew are expected to speak shortly. You can watch in the player below.
 
April 19, 2022


People's Motion to Dismiss Without Prejudice
 
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