Barry Morphew's attorneys tries to get dismissal ruling changed to avoid being re-tried for murder
krdo.com
6/12/23
Cutting through the legal jargon, the main difference between the two dismissals is whether or not a person accused of a crime can be re-tried in a court of law. In April 2022, a Fremont County Judge ruled that Morphew can be re-tried by dismissing the case without prejudice.
Now, in a motion filed on April 18, elected District Attorney Linda Stanley states that Morphew's Attorney Iris Eytan is asking for a judge to set a date when this dismissal ruling can be changed. Stanley argues in the motion that, "Crim. P. Rule 55.1(7) in no way states a court can change a dismissal without prejudice to a dismissal with prejudice at a date certain," Stanley's motion reads.
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Court documents say Morphew's attorneys are also trying to limit public access to certain court records. While the contents of those documents remain a mystery, the motion filed by Stanley says they involve "whether the victim’s statements may come in under CRE 807, after a case has been dismissed."
"CRE 807 are statements that Suzanne made. What happens is if you are charged with somebody's death, those statements that person made are an exception to hearsay. So if she made those statements but you made her unavailable by killing her, then her statements are an exception to hearsay. Hearsay is an out-of-court statement that goes to the truth of the matter asserted made by somebody," Loew explained.
What statements Suzanne made are unclear. None of the court documents filed in the case since it was re-opened on May 23 outline what specific statements the victim made that the defense wants to keep out of the public eye.
Loew said he believes Morphew's defense team's posturing to get the dismissal ruling changed is because he could be subjected to depositions after filing a
$15 million dollar civil lawsuit against various prosecutors and investigators last month.
Depositions allow attorneys for any of the people Morphew has sued to interview him, effectively allowing anything he says to be used against him in criminal court if the prosecution decides to re-try the case.
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In Colorado, there is no statute of limitations on murder charges. What that means is that time can never "run out" on the prosecution's ability to re-file a case against a person previously charged with murder.
