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Suzanne Morphew Murder to Proceed to Trial, Barry Morphew Bail set at $500,000 - by Jan Wondra - Ark Valley Voice
On Friday afternoon, Sept. 17, a series of decisions by District 11 Judge Patrick Murphy set the course of the murder trial for Barry Morphew, in the
arkvalleyvoice.com
9/18/21
On Friday afternoon, Sept. 17, a series of decisions by District 11 Judge Patrick Murphy set the course of the murder trial for Barry Morphew, in the disappearance and presumed murder of his wife Suzanne Morphew.
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The afternoon included the pre-trial final arguments by the prosecutor and the defense, as well as the judge’s ruling regarding “proof evident presumption great”, a legal term that requires the judge to rule on whether there is enough evidence to presume the defendant is guilty. Murphy established that a trial will be held, and set a $500,000 bail for Morphew, who will be required to remain in Chaffee County and wear an ankle monitor.
The judge explained to the court that the hearing was what is known as a probable cause hearing and that he is aware that the case has drawn national attention. “The defense has argued the case cannot be bound over for trial because there is no body … based on the idea that if a body is not presented, then there can be no crime.”
“There is no Colorado case law on this,” he went on to say. “I have to resolve all inferences in favor of the people. Based on her disappearance; that is that Suzanne Morphew has been murdered by her husband Barry Morphew.”
“This is the inference put forward by the DA’s office and I must give preference to this. Second, there is no recovered body. Third, Colorado courts have rejected the corpus delicti argument in favor of probable cause … in that case … the court said the confession itself was the reliable evidence … so the body didn’t have to be shown.”
Probable Cause Established
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He found probable cause for Charge 1, first-degree murder, and Charge 2, tampering with a deceased body.
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The Meaning of “proof evident presumption great”
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In Colorado, a defendant has an absolute right to bail except in prosecutions where the proof is evident or presumption of guilt is great. But unlike a hearing, the probable cause hearing there is no presumption in favor of the prosecution – the weight given to evidence or witnesses is solely at the discretion of the court and impacts whether bail will be considered.
So what does that term actually mean? The standard of proof for “proof evident” is greater than probable cause, but less than what is required for a conviction. “It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy. “This is the same standard that courts use in Colorado to terminate parental rights.”
Citing court cases for decisions related to proof evident, he explained, “bail shall be denied when the circumstances disclosed indicate a fair likelihood that the defendant would be convicted at a trial with the highest standard – proof beyond a reasonable doubt … I find that the answer to that question is no. Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”
He laid out the prosecution evidence again, (no direct evidence – no one saw him murder her, no one heard any disturbance, he hasn’t admitted anything) he also noted that the home surveillance was disabled. The cameras were off. The DVR hasn’t been found. There is no forensic evidence, no blood in the house, garage, property, or in his truck, in his bobcat, or at the hotel.
Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. “I think it is unlikely that she intentionally disappeared.”
He pointed out that “I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.” He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.
“This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: “proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.”
