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

[Seattle1]

Former AG and mayor John Suthers delivers scathing testimony in disciplinary hearing for Morphew prosecutor

One of the state’s top former law enforcement officers testified Friday that comments made by 11th Judicial District Attorney Linda Stanley during a television interview about two murder suspects she was prosecuting, including Barry Morphew, were the worst he's ever seen.

denvergazette.com

6/18/24

One of the state’s top former law enforcement officers testified Friday that comments made by 11th Judicial District Attorney Linda Stanley during a television interview about two murder suspects she was prosecuting were the worst he's ever seen.

"I can't recall anything more egregious in heightening the public condemnation of the accused," John Suthers explained. "There’s nothing about it that comes anywhere close to a law enforcement purpose."

[..]

Stanley's attorney Steve Jensen explained that she understood that she was off-the-record when she made the comments, but reporters said that she had a microphone on and should have known she was being recorded.

The order granting the motion to dismiss was filed by Fremont County District Court Judge Kaitlin Turner. Turner has been present listening to testimony in the gallery of the courtroom but is not scheduled to testify at Stanley's hearing.

[..]

In addition to the Fremont County case, Suthers was also asked about extra-judicial statements made by Stanley as lead prosecutor in Barry Morphew's murder case: First when he was arrested on May 5, 2021, and then on a national podcast after the evidentiary hearing.

[..]

Stanley appeared on a podcast called "Profiling Evil." The mere name of the program caused problems, Suthers said. "Let’s start with the fact that you’re going on a podcast called Profiling Evil. There's substantial likelihood that this heightens the public’s condemnation of the accused," Suthers said.

[..]

In addition, Suthers found that Stanley's comments during an appearance at a press conference on May 5, 2021 when Morphew was arrested were “something even a rookie prosecutor understands.”

[..]

 

[Seattle1]

If Linda Stanley loses her law license in Supreme Court complaint, she would no longer be allowed to serve as District Attorney

Stanley's license was already briefly suspended last year for an unrelated inquiry. If the state Supreme Court rules against her, she wouldn't be district attorney.

www.9news.com

11/6/23

Stanley faces a long list of allegations outlined in court filings, including launching a secret investigation into the judge presiding over the Suzanne Morphew murder case. She was the one to bring charges against Suzanne's husband, Barry Morphew. Stanley dropped those charges before going to trial.

"Using resources in that manner clearly designed to intimidate a judge or if it was for retribution, it’s so wrong," said former District Court Judge Ramsey Lama. "It’s unethical."

Lama wants Stanley to lose her law license after he says she secretly investigated his family based on conspiracy theories in a YouTube video. Court filings also accuse her of providing information to "True Crime" podcasters while withholding information from defense attorneys, showing up late to court, and repeated discovery violations.

After the complaint was filed by the Attorney Regulation Counsel to the Supreme Court last week, Stanley gets 28 days to respond. From there, the case proceeds much like a civil case. The evidence will eventually be heard by a Presiding Disciplinary Judge who then will make a ruling.

Legal experts say there’s a very real possibility Stanley loses her law license and is disbarred.

 

[Seattle1]

Every judge in one Colorado district recuses themselves from murder case after DA does TV interview about suspect

District Attorney Linda Stanley could lose her law license after a complaint was filed against her to the Colorado Supreme Court.

www.9news.com

11/28/23

CHAFFEE COUNTY, Colo. — A Southern Colorado District Attorney was accused of breaking so many rules that every judge in her district was forced to recuse themselves from hearing one of her cases, because they thought they would have to file a complaint against her.

There's a reason why prosecutors aren’t supposed to speak publicly about cases before they go to trial, like the way in which 11th Judicial District Attorney Linda Stanley talked about a man charged with the murder of a 10-month-old boy he was taking care of.

[..]

Stanley is the top prosecutor in Chafee, Fremont, Park and Custer counties. Before the man charged with murder was supposed to go to trial in her district, her interview raised questions. William Jacobs was charged with murder for the death of the little boy he was left to care for. Brooke Crawford was also charged with child abuse resulting in death.

[..]

Court documents obtained by 9NEWS show the judge presiding over the murder case found the comments so unethical they considered filing a complaint against Stanley with the state.

The only issue is, if they did that, they would have to recuse themselves from all cases the DA is a part of. In a district as small as this, that would be impossible. So instead, the Chief Judge recused every single judge in the district and the case was asked to be transferred to a different part of the state.

"The Court was concerned that if, after hearing, the allegations in the Motion proved to be true, the presiding judge might feel compelled to file an ethics complaint against the elected District Attorney, Linda Stanley," District Court Judge Patrick Murphy wrote in a Nov. 13 order.

"This could possibly lead to recusal of that judge from all cases prosecuted by Mrs. Stanley. Removing a local judge from all criminal cases in a small district for an indefinite period of time would create a vacuum that would be impossible to fill."

[..]

 

[Seattle1]

Barry Morphew's attorney tries to get dismissal ruling changed to avoid being re-tried for murder | KRDO

Barry Morphew's attorneys tries to get dismissal ruling changed to avoid being re-tried for murder

krdo.com

6/13/23

CHAFFEE COUNTY, Colo. (KRDO) -- Attorneys for Barry Morphew, the Chaffee County man previously arrested and charged with the murder of his wife Suzanne, are trying to change his dismissal ruling from without prejudice to with prejudice.

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.

13 Investigates spoke with Colorado Springs attorney Jeremy Loew, who states this kind of change in ruling would be "almost unheard of."

Unsealed court documents in Suzanne Morphew disappearance case detail affair, marital issues | KRDO

Details from newly released court documents in the Suzanne Morphew disappearance case shed light on her apparent rocky marriage with Barry Morphew.

krdo.com

6/28/23

Ahead of the dismissal, 11th Judicial District Attorney Linda Stanley filed a motion to introduce text messages from Suzanne as evidence in the case in March 2022.

Barry's defense attorney, Iris Eytan, filed a motion, requesting the court to limit public access to the evidence and seal the documents.

[..]

Nearly a year after the case was dismissed without prejudice, 11th Judicial District Court Judge Amanda Hunter denied the motions to limit public access, unsealing the documents.

“While it may be legally possible for Mr. Morphew to be tried in this matter, whether and when he will be tried is a matter of speculation,” Hunter said in her court order. “The arguments advanced by Mr. Morphew that relate to the proximity of trial and the ability to impanel a jury are significantly weakened by the dismissal of charges.”

After a hearing Monday, some of the documents were released to the public.

 

[Seattle1]

U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-JPO
Morphew v. Chaffee County et al

Assigned to: Judge Daniel D. Domenico
Referred to: Magistrate Judge James P. O'Hara

Demand: $15,000,000
Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023

Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff: Barry Morphew
DOCKET CONT #135 - 151 as of 4/29/24:

Doc. No.	Dates	Description

135​	Filed & Entered: 03/29/2024​	Response to Motion
Docket Text: RESPONSE to [108] MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Barry Morphew. (Fisher-Byrialsen, Jane)
136​	Filed & Entered: 04/01/2024​	Response to Motion
Docket Text: RESPONSE to [97] MOTION to Dismiss Filed by CBI Defendants filed by Plaintiff Barry Morphew. (Attachments: # (1) Amended Certificate of Service for Response to Motion to Dismiss Filed by CBI Defendants)(Fisher-Byrialsen, Jane)
137​	Filed & Entered: 04/01/2024​	Response to Motion
Docket Text: RESPONSE to [94] MOTION to Dismiss Filed by Walker and Lindsey filed by Plaintiff Barry Morphew. (Attachments: # (1) Amended Certificate of Service for Response to Motion to Dismiss Filed by Walker and Lindsey)(Fisher-Byrialsen, Jane)
138​	Filed & Entered: 04/04/2024​ Terminated: 04/05/2024​	Motion for Extension of Time
Docket Text: Unopposed MOTION for Extension of Time to Submit Reply by Defendant Mark Hurlbert. (Eddy, Jonathan)
139​	Filed & Entered: 04/05/2024​	Order on Motion for Extension of Time to File
Docket Text: ORDER granting [138] Motion for Extension of Time to File. Defendant Hurlbert may submit a Reply in Support of his Motion to Dismiss any time on or before April 26, 2024. SO ORDERED by Judge Daniel D. Domenico on 4/5/2024. Text Only Entry (dddlc9, )
140​	Filed & Entered: 04/08/2024​ Terminated: 04/08/2024​	Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [97] MOTION to Dismiss by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Vilner, Dmitry)
141​	Filed & Entered: 04/08/2024​	Order on Motion for Extension of Time to File Response/Reply
Docket Text: ORDER granting [140] Motion for Extension of Time to File Response/Reply as to [97] MOTION to Dismiss. CBI Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, and Chris Schaefer may submit their Reply in Support of their Motion to Dismiss on or before May 3, 2024. SO ORDERED by Judge Daniel D. Domenico on 4/8/2024. Text Only Entry (dddlc9, )
142​	Filed & Entered: 04/09/2024​ Terminated: 04/10/2024​	Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [104] MOTION to Dismiss by Defendants Board of County Commissioners of Chaffee County, Chafee County Sheriff's Department, Chaffee County, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas)
143​	Filed & Entered: 04/09/2024​ Terminated: 04/10/2024​	Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [98] MOTION to Dismiss for Failure to State a Claim by Defendant Joseph Cahill. (Neckers, Scott)
144​	Filed & Entered: 04/09/2024​ Terminated: 04/10/2024​	Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [87] MOTION to Dismiss by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie)
145​	Filed & Entered: 04/09/2024​ Terminated: 04/10/2024​	Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [108] MOTION to Dismiss for Failure to State a Claim by Defendant Scott Himschoot. (Rolland, Eden)
146​	Filed & Entered: 04/10/2024​	Order on Motion for Extension of Time to File Response/Reply
Docket Text: ORDER granting motions: [142] MOTION for Extension of Time to File Response/Reply as to [104] MOTION to Dismiss [143] MOTION for Extension of Time to File Response/Reply as to [98] MOTION to Dismiss [144] MOTION for Extension of Time to File Response/Reply as to [87] MOTION to Dismiss [145] MOTION for Extension of Time to File Response/Reply as to [108] MOTION to Dismiss Defendants Cahill and Himschoot may file a Reply in Support of their Motions to Dismiss on or before April 26, 2024. Defendants Stanley, Chaffee County, Board of County Commissioners of Chaffee County, Chaffee County Sheriffs Department, Chaffee County Sheriff John Spezze, and Chaffee County Undersheriff Andrew Rohrich may file a Reply in Support of their Motions to Dismiss on or before May 3, 2024. SO ORDERED by Judge Daniel D. Domenico on 4/10/2024. Text Only Entry (dddlc9, )
147​	Filed & Entered: 04/15/2024​	Reply to Response to Motion
Docket Text: REPLY to Response to [94] MOTION to Dismiss filed by Defendants Jeffrey Lindsey, Alex Walker. (O'Connell, William)
148​	Filed & Entered: 04/17/2024​	Order on Motion to Dismiss Party
Docket Text: ORDER GRANTING [128] Stipulated Motion to Dismiss Defendant Hysjulien. All claims asserted by the plaintiff against Defendant Claudette Hysjulien are DISMISSED, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 4/17/2024. Text Only Entry (dddlc1, )
149​	Filed & Entered: 04/26/2024​	Brief in Support of Motion
Docket Text: BRIEF in Support of [95] MOTION to Dismiss filed by Defendant Mark Hurlbert. (Eddy, Jonathan)
150​	Filed & Entered: 04/26/2024​	Reply to Response to Motion
Docket Text: REPLY to Response to [98] MOTION to Dismiss for Failure to State a Claim filed by Defendant Joseph Cahill. (Neckers, Scott)
151​	Filed & Entered: 04/26/2024​	Reply to Response to Motion
Docket Text: REPLY to Response to [108] MOTION to Dismiss for Failure to State a Claim filed by Defendant Scott Himschoot. (Rolland, Eden)

CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov

Continued Federal Docket, Entries #147 - 155 as of Aug 6, 2024:

		CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-JPO Morphew v. Chaffee County et al
04/15/2024	147​	REPLY to Response to 94 MOTION to Dismiss filed by Defendants Jeffrey Lindsey, Alex Walker. (O'Connell, William) (Entered: 04/15/2024)
04/17/2024	148​	ORDER GRANTING 128 Stipulated Motion to Dismiss Defendant Hysjulien. All claims asserted by the plaintiff against Defendant Claudette Hysjulien are DISMISSED, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 4/17/2024. Text Only Entry (dddlc1, ) (Entered: 04/17/2024)
04/26/2024	149​	BRIEF in Support of 95 MOTION to Dismiss filed by Defendant Mark Hurlbert. (Eddy, Jonathan) (Entered: 04/26/2024)
04/26/2024	150​	REPLY to Response to 98 MOTION to Dismiss for Failure to State a Claim filed by Defendant Joseph Cahill. (Neckers, Scott) (Entered: 04/26/2024)
04/26/2024	151​	REPLY to Response to 108 MOTION to Dismiss for Failure to State a Claim filed by Defendant Scott Himschoot. (Rolland, Eden) (Entered: 04/26/2024)
05/03/2024	152​	REPLY to Response to 97 MOTION to Dismiss filed by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Vilner, Dmitry) (Entered: 05/03/2024)
05/03/2024	153​	REPLY to Response to 104 MOTION to Dismiss filed by Defendants Board of County Commissioners of Chaffee County, Chafee County Sheriff's Department, Chaffee County, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas) (Entered: 05/03/2024)
05/03/2024	154​	REPLY to Response to 87 MOTION to Dismiss filed by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie) (Entered: 05/03/2024)
07/19/2024	155​	ORDER Setting Hearing on Docs. 87 , 94 , 95 , 97 , 98 , 104 , 108 , and 109 . A two-hour motion hearing on the pending motions to dismiss is set for August 21, 2024 at 9:30 AM in Courtroom A1002 before Judge Daniel D. Domenico. SO ORDERED by Judge Daniel D. Domenico on 7/19/2024. Text Only Entry (dddlc9, ) (Entered: 07/19/2024)

CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov

 

[Seattle1]

Disciplinary Judge Hesitant To Oust Embattled Colo. DA - Law360

A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight.

www.law360.com

6/22/24

Disciplinary Judge Hesitant To Oust Embattled Colo. DA​

By Daniel Ducassi (June 22, 2024, 6:47 PM EDT) --

A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight. . . .

 

[Seattle1]

8/7/24

https://krdo.com/news/2024/08/07/na...ng-colorado-court-live-streams-officials-say/

Naked people disrupting Colorado live court streaming

 

[arielilane]

New Developments Connected to the Murder of Suzanne Morphew

Vinnie Politan takes a closer look at developments connected to the murder of Suzanne Morphew, whose body was found on Sept. 2023.

www.courttv.com

New Developments Connected To The Murder Of Suzanne Morphew​

Vinnie Politan takes a look at developments connected to the murder of Suzanne Morphew. Barry Morphew is now suing officials for violating his rights. Julie Sulpizio is charged with murder in a shootout that killed a deputy and her family. (8/6/24) MORE

 

[Seattle1]

Decision on former Morphew prosecutor's fate delayed

The arm of the Colorado Supreme Court which oversees the state's attorneys has pushed back Friday's deadline to decide the fate of the embattled former prosecutor in the Morphew case. Linda Stanley, the sitting 11th Judicial District Attorney, could be disbarred, publicly or privately censured...

denvergazette.com

8/15/24

Linda Stanley, the sitting 11th Judicial District Attorney, could be disbarred, publicly or privately censured, or acquitted. She is accused of professional misconduct associated with the Morphew case and also with a Fremont County first-degree murder case against a man accused of killing a 10-month old baby.

In a document filed Aug. 5, Presiding Disciplinary Judge Bryon Large wrote that the delay would be brief. He did not give a new decision date.

"The length of the hearing, the volume of evidence and given the Hearing Board's strong interest in issuing a thorough and detailed written opinion" the 56-day deadline could not be met, he said.

 

[Seattle1]

Attorneys ask judge to throw out Morphew’s lawsuit against officials

DENVER – Attorneys for the investigators and prosecutors who put together the unsuccessful murder case against Barry Morphew told a judge Aug. 21 why he should throw out Morphew's lawsuit

www.themountainmail.com

8/24/24

The attorneys made their arguments for 2½ hours during a hearing in Denver at the U.S. District Court for Colorado. That is where Morphew is suing Chaffee County government, the sheriff and deputies, the district attorney and others who developed the case against him.

His lawsuit claims they violated his constitutional right against malicious prosecution. The lawsuit alleges the law enforcement officials used false evidence against him and withheld evidence favorable to him.

 

[Seattle1]

Continued Federal Docket, Entries #147 - 155 as of Aug 6, 2024:

​

		CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-JPO Morphew v. Chaffee County et al
04/15/2024	147​	REPLY to Response to 94 MOTION to Dismiss filed by Defendants Jeffrey Lindsey, Alex Walker. (O'Connell, William) (Entered: 04/15/2024)
04/17/2024	148​	ORDER GRANTING 128 Stipulated Motion to Dismiss Defendant Hysjulien. All claims asserted by the plaintiff against Defendant Claudette Hysjulien are DISMISSED, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 4/17/2024. Text Only Entry (dddlc1, ) (Entered: 04/17/2024)
04/26/2024	149​	BRIEF in Support of 95 MOTION to Dismiss filed by Defendant Mark Hurlbert. (Eddy, Jonathan) (Entered: 04/26/2024)
04/26/2024	150​	REPLY to Response to 98 MOTION to Dismiss for Failure to State a Claim filed by Defendant Joseph Cahill. (Neckers, Scott) (Entered: 04/26/2024)
04/26/2024	151​	REPLY to Response to 108 MOTION to Dismiss for Failure to State a Claim filed by Defendant Scott Himschoot. (Rolland, Eden) (Entered: 04/26/2024)
05/03/2024	152​	REPLY to Response to 97 MOTION to Dismiss filed by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Vilner, Dmitry) (Entered: 05/03/2024)
05/03/2024	153​	REPLY to Response to 104 MOTION to Dismiss filed by Defendants Board of County Commissioners of Chaffee County, Chafee County Sheriff's Department, Chaffee County, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas) (Entered: 05/03/2024)
05/03/2024	154​	REPLY to Response to 87 MOTION to Dismiss filed by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie) (Entered: 05/03/2024)
07/19/2024	155​	ORDER Setting Hearing on Docs. 87 , 94 , 95 , 97 , 98 , 104 , 108 , and 109 . A two-hour motion hearing on the pending motions to dismiss is set for August 21, 2024 at 9:30 AM in Courtroom A1002 before Judge Daniel D. Domenico. SO ORDERED by Judge Daniel D. Domenico on 7/19/2024. Text Only Entry (dddlc9, ) (Entered: 07/19/2024)

CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov

Continued Federal Docket, Entries #156 - 158 as of Aug 29, 2024:

156​	Filed & Entered: 08/21/2024​	Order on Motion to Dismiss for Failure to State a Claim
Docket Text: ORDER DENYING AS MOOT [109] Motion to Dismiss for Failure to State a Claim by Defendant Claudette Hysjulien in light of 148 Order Granting Stipulated Motion to Dismiss Defendant Hysjulien. By Judge Daniel D. Domenico on 8/21/2024. Text Only Entry (dddlc1, )
157​	Filed & Entered: 08/21/2024​	Order on Motion to Dismiss
Docket Text: MINUTE ENTRY for proceedings held before Judge Daniel D. Domenico: Motion Hearing held on 8/21/2024. Taking under advisement [87] Motion to Dismiss. Taking under advisement [94] Motion to Dismiss. Taking under advisement [95] Motion to Dismiss. Taking under advisement [97] Motion to Dismiss. Taking under advisement [98] Motion to Dismiss for Failure to State a Claim. Taking under advisement [104] Motion to Dismiss. Taking under advisement [108] Motion to Dismiss for Failure to State a Claim. Court indicates that a written order shall follow. Court Reporter: Tammy Hoffschildt. (rkeec)
158​	Filed & Entered: 08/28/2024​	Supplement/Amendment
Docket Text: SUPPLEMENT/AMENDMENT to [130] Response to Motion, [129] Response to Motion, [132] Response to Motion, [134] Response to Motion, [137] Response to Motion, [136] Response to Motion, [135] Response to Motion Notice of Supplemental Authority Re Response to Motions to Dismiss by Plaintiff Barry Morphew. (Fisher-Byrialsen, Jane)

CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov

 

[Seattle1]

8/28/24: Docket Entry #158

CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov

 

[Seattle1]

Reference 8/21/24 - Docket Entry #157 - COURTROOM MINUTES