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

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Barry Morphew murder case: DA drops all charges

4/19/22

CAÑON CITY — Prosecutors on Tuesday dropped all charges against Barry Morphew in the death of his wife Suzanne Morphew — who disappeared from the family’s Chaffee County home in May 2020 — less than 10 days before the murder case was set to go to trial.

The move by 11th Judicial District Attorney Linda Stanley comes after the judge presiding in the case had blocked the prosecution from using most of its expert witnesses at trial as punishment for violating discovery rules — and as prosecutors say they’re close to discovering Suzanne Morphew’s body.

Fremont County District Court Judge Ramsey Lama granted the prosecution’s 11-page motion to dismiss without prejudice, meaning the district attorney can refile the charges in the future.

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Barry Morphew’s defense attorney, Iris Eytan, argued in court that the case should be dismissed with prejudice so that it could not be refiled. She said Stanley was acting in bad faith to avoid the steep sanctions over the discovery violations.

Barry Morphew declined to comment after leaving court Tuesday.

Morphew’s daughters, who have supported him, both addressed the judge during the hearing.

“We fully support this dismissal,” Mallory Morphew said. “We know our dad didn’t have anything to do with it.”

Macy Morphew said she was looking forward to taking time to heal and “hopefully finding out what really happened to our mom.”
 
Judge Dismisses Case Against Barry Morphew Accused In Wife Suzanne's Murder

4/19/22

Andrew Moorman, Suzanne Morphew’s brother told CBS4’s Rick Sallinger, “I’m OK with what happened today. I’m all about finding Suzanne. I just
want closure for my family.”

The motion was filed just minutes before a hearing in the Morphew case on Tuesday morning. The judge will issue the ruling on the motion to dismiss.

The case has been afflicted with complications. The trial was moved out of Chaffee County and into Fremont County in February. Late last year, the judge in the case recused himself after attorneys asked for his dismissal. There have been several hearings regarding what evidence and testimony will be allowed in court.
 
Barry Morphew's murder trial is dismissed | Daily Mail Online

4/19/22

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They cannot excavate the body quickly enough to perform the necessary tests before the April 28 trial start date, but also cannot push ahead with their prosecution knowing where it is and that it could hold key evidence.

Because of that, they have no choice but to dismiss the case against Morphew.

Morphew - who has always denied having any role in his wife's disappearance - left court holding hands with his daughters.

Speaking afterwards, his attorney declared it a victory that came about because the prosecution knew they were going to lose the case.

'Now they believe they need to find a body in order to proceed with any kind of charge. Today is the first day the prosecution has ever stated that that would be a consideration.

'Forever they have stated that they don't need a body, that a body is irrelevant. But you need to know in this case there has not been a single ounce of physical evidence connecting Mr. Morphew to this alleged crime.

[..]
e0dd2acd3574679864cd76965aa5dce2.png
 
Lauren Scharf
@LaurenScharfTV


#SuzanneMorphew sister tells me she remains hopeful. The murder case against #BarryMorphew has been dismissed without prejudice by the prosecution to allow more time to search for her body. Hear from his attorney tonight at 5 & 6:30 p.m. on
@FOX21News



fox21news.com
DA moves to dismiss charges against Barry Morphew
The district attorney for the 11th Judicial District has moved to dismiss murder charges against Barry Morphew without prejudice.

11:43 AM · Apr 19, 2022
 
Barry Morphew no longer under court supervision, murder charges dismissed | FOX21 News Colorado

4/19/22

CHAFFEE COUNTY, Colo. (KDVR) — After five months in jail and several additional months under strict, court-mandated supervision, the murder charges facing Barry Morphew have been dismissed without prejudice.

A judge accepted the motion to dismiss after documents were filed by Linda Stanley, the District Attorney of the 11th Judicial District on Tuesday.

“Barry and his daughters were relieved,” his defense team said, “but they’re sad,” she continued, saying they, too, want to find Suzanne Morphew.

[..]

During a press conference held by Morphew’s defense on Tuesday, one of the lawyers called D.A. Linda Stanley “unethical” regarding statements she made under oath. The defense also mentioned a struggle over “discovery issues” ahead of what would have been Morphew’s trial date.
 
‘The prosecution was manufacturing a murder case,’ defense blasts DA after Morphew charges dropped | FOX21 News Colorado

4/19/22

FREMONT COUNTY, Colo. (KDVR) — After a judge ruled to dismiss charges against Barry Morphew without prejudice, including the first-degree murder charge of his missing wife Suzanne, his legal team criticized the investigation and the prosecutors leading the case.

[..]

Barry Morphew murder charge dismissed
“Barry and his daughters are relieved, but they’re sad because they too want to know where Suzanne Morphew is,” defense attorney Iris Eytan said.

Eytan said Suzanne’s location remains the big question mark. She said even if prosecutors do find her body, she’s confident they won’t recharge Morphew because “they are not going to find a body that is linked to Mr. Morphew.”

Eytan is disappointed the case won’t go to trial after charges were dropped just nine days before the trial date.

Arresting Morphew was ‘worst decision that you can make,’ CBI agent says
“We’ve lost that ability to present the truth,” Eytan said. “That’s what the courtroom is for: the truth. Now the community is wrongfully going to believe that Barry just got away with murder.”

Eytan accused the prosecution in this case of “manufacturing a murder case,” specifically calling out District Attorney Linda Stanley for her handling of the case. Morphew’s team argued the prosecution was at times unresponsive when the defense team requested discovery and information shared on the case, to which a judge agreed, ordering the prosecution to release emails and documents in the case.

“These prosecutors have committed so much misconduct, and they’re trying to escape it with a motion to dismiss,” Eytan said.

“No body, no evidence, and they locked Mr. Morphew up in a jail cell for five months,” Eytan said. “They absolutely dismissed charges in this case because they knew they were gonna lose this trial.”

Eytan vowed to dedicate her time moving forward to prosecutorial abuse in Colorado.

“How many innocent people, how many wrongfully-convicted people has the 11th Judicial District put behind bars?” Eytan said. “They’re held to a higher standard and they certainly didn’t show it here.”

You can watch the full press conference on FOX31 NOW in the player above. [see link above]
 
WATCH: Murder case dismissed against Barry Morphew after wife disappears in Colorado

4/19/22

On Tuesday, April 19th, Linda Stanley, District Attorney for the 11th Judicial District, filed a motion to dismiss the pending charges against Barry Lee Morphew, including the First Degree Murder of Suzanne Morphew. The motion is a request to dismiss all charges without prejudice, which allows for the opportunity to refile charges against Mr. Morphew in the future. On the District Attorney’s motion, Fremont County District Judge Ramsey Lama dismissed the current case without prejudice. The Morphew trial will not proceed as scheduled for April 28, 2022, but future prosecution may be pursued pending further investigation.

The Chaffee County Sheriff’s Office acknowledges the decision of Judge Lama to dismiss the pending charges in the Morphew case. Sheriff John Spezze responded, "As an on-going, active investigation, we will not share additional information at this time. The Chaffee County Sheriff’s Office maintains its commitment to this case and will continue to work tirelessly to find the body of Suzanne Morphew. While we are disappointed in the delay of the proceedings, we remain unwavering in our commitment to this investigation and the ultimate prosecution of Mr. Morphew. I stand behind the strong work of the investigators within the Chaffee County Sheriff’s Office and the many law enforcement agencies involved and the strong case we have built. Above all else, we remain dedicated to seeking justice for Suzanne and her family.”

The Chaffee County Sheriff’s Office will not address questions or issue additional comment on the Morphew case dismissal at this time. The Sheriff’s Office will issue updates as relevant.
 
Morphew Murder Case Dismissed

4/19/22

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Defense attorney Iris Eytan objected to the way the case was being dismissed arguing that it should be dismissed with prejudice so Morphew would not have to face charges again down the road.

Eytan noted that in the motion to dismiss prosecutors claim that after two years they’re close to finding a body.

She said the motion to dismiss “reeks of bad faith.” Eytan said allowing the case to remain open subjects Morphew and his two daughters to more harassment.

Eytan said that all along prosecutors were ready to try Morphew for murder without ever finding a body. Eytan told Judge Lama, “Now they say a body does matter.”

In reference to the fact that Judge Lama had prohibited fourteen persons from testifying as expert witnesses for the prosecution, Eytan said it appears the DA is “judge shopping.”

[..]

Eytan said if the prosecution disagreed with Lama’s rulings on witnesses and evidence they should have filed an appeal to the Colorado Supreme Court.

She said Lama didn’t create evidentiary problems for the prosecution, “they did this too themselves” by violating discovery rules.

In granting the motion to dismiss, Lama said Stanley didn’t have to file a ten page motion, she could have simply said they didn’t think they could get a conviction and that the investigation needs to continue. He agreed with the DA that the decision to prosecute or not is totally up to them.

The judge said there had been no bad faith on behalf of prosecutors. He said “they are respecting the court’s orders in relation to what they have or don’t have.”

[..]

Prior to concluding the hearing Lama allowed victims associated with the case to make statements to the court.

That included comments from both of Morphew’s daughters and Suzanne Morphew’s siblings.

Morphew’s oldest daughter Mallory tearfully told the judge, “We miss our mom dearly and we know our dad did not do it. None of us deserved this. We need time to heal and find out what really happened to our mom.”

Macy Morphew added, “We’re really thankful now that we can get on with our lives.”

[..]

Suzanne Morphew’s two brothers and sister participated by video link in the courtroom.

Andrew Moorman told the judge that he believed dismissal of the case was proper and is sorry for all the trouble it has caused for Morphew’s two daughters.

Suzanne’s sister Melinda said they have sat quietly and waited and also agreed with the DA’s decision to dismiss all charges.

She added, “We want our sister’s remains to be found and want the case to move forward.”

Brother David Moorman told the court, “We look forward to finding our sister and I look forward to that day when we can be back in this courtroom.”
 
Morphew Pretrial Hearing Wraps Up, Awaiting Trial Decision - by Jan Wondra - Ark Valley Voice

8/25/2021

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“I have 25 pages of notes and I’ve heard 20 hours of testimony,” said Colorado District 11 Chief Judge Patrick Murphy. “This will take some time,” he added, telling the courtroom that he would meet with the attorneys to set a schedule for the next steps.

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.”

[..]
 
How a Husband-Wife MAGA Murder Saga Descended Into Chaos

4/24/22

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That alleged misconduct was detailed in a devastating order issued by Fremont County District Court Judge Ramsey Lama on April 8 in which he blocked the testimony of almost all prosecutorial expert witnesses. It was punishment for what he called the prosecution’s “arguably reckless” pattern of violating discovery rules.

Among the offenses, according to Lama’s order: repeatedly missing court deadlines, failing to turn over material evidence, misrepresenting evidence, and even hiding DNA found in Suzanne’s car from the defense.

“They never had a case,” Iris Eytan, one of Morphew’s lawyers, told The Daily Beast. “They knew last year that they did not have enough to file charges and they have been trying to manipulate and hide evidence to make their case work ever since.”

Eytan added that she was not sweating the prospect of prosecutors refiling the murder charges against Morphew, and that Morphew was not worried about it either. Instead, she said, he was focused on finding Suzanne and the separate case involving the 2020 ballot.

“He needs his moment. He needs to catch his breath,” the lawyer said, noting that Morphew’s daughters have been steadfast in maintaining their father’s innocence; they have repeatedly appeared with him in public since the charges. “Barry is just focused on his family, going to see his mom in Indiana, and finding his wife.”

[..]

The Morphew family and the 11th Judicial District Attorney’s office did not respond to requests for comment on this story. The Chaffee County Sheriff’s Office said in a statement to The Daily Beast that the investigation into what happened to Suzanne Morphew was ongoing—and thus they could not share any details.
 
3/1/22

Morphew’s defense attorneys filed a motion on Feb. 9 asking for sanctions against the prosecution. It summed up its list of alleged violations with a call to dismiss the trial, stating it would be “the only just remedy.”

Purported missteps by the prosecution centered around “late-provided discovery,” details of which can be viewed in full in the document at the bottom of this page.

In its rebuttal, the prosecution called some of the allegations “utter nonsense,” particularly the defense’s focus on comments made by one of the lead investigators in the case:

Both motions can be read in full at link below.

The defense’s motion is first, followed by the prosecution’s.

SUPPLEMENT TO MOTION FOR SANCTIONS D-17(e)]

RESPONSE TO DEFENSE SUPPLEMENT TO MOTION FOR SANCTIONS [D-17(c)]

 

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