Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #22

[ethereal*22]

Doesn't keeping search warrants sealed also help protect the rights of any POI in addition to the state, making sure a case isn't "tried in the court of public opinion?"

Also, from an article:

Requests to seal records typically are made to protect an ongoing investigation, keeping private the identities of those being investigated and others who may be helping police in the investigation.

Prenda said when there's a pending investigation or suspects at large, that's a significant reason for the records to be sealed.​

Possibly. That hasn't really happened in this case, though, as cited in the original post. Indeed, the lack of disclosure in this case possibly may impair Barry Morphew's rights: if nothing of interest was indeed found during the searches, a great cloud of suspicion might be lifted.

Your question is excellent, though: Where does the balance lie between protecting an accused's right to a fair trial versus the rights of citizens to oversee the actions of the police and judiciary? Colorado -- as is its right -- has answered it one way, but it's not the answer I'd give.

@Madeleine74 & @lamlawindy - wow! Interesting exchange you two. Plethora of information and mind food. Speaking if only for myself.

I am wondering and have been for quite sometime if one of the reasons you listed @lamlawindy is the reason they remain sealed. ?

Wow, I really devoured your posts...nice!

 

[Cindizzi]

Don't sell yourself short. It's amazing what we're capable of. I'm only 5'5" and pretty damn strong.
I haven't forgotten that the neighbor of the dig site said she saw both a man and a woman.
Eta: also, gravity takes care of most of it.

BBM
I hadn’t heard that a neighbor had seen anyone. Is it the same neighbor LS interviewed that heard the noise?

 

[Deanna426]

MOO, concerning the Aspen trees where the bike may have been found, one appeared to be leaking sap like LS said. I’m not a tree expert or anything, but based on my knowledge of trees, they can do that in response to injury. Aspen trees have relatively weak bark. So it could be possible something was thrown down there (the bike?) and it hit and damaged that tree. I don’t believe the sap would necessarily flow immediately either as trees “heal” themselves over a long period of time and flow also increases as weather warms up, which would explain its presence now in LS’s video vs not seeing it in TD’a video. Insects can also cause damage, though. I also can’t tell how far apart those trees are to really decide if that’s plausible. Just a thought. IMO

 

[10ofRods]

That's the issue: Not all search warrants lead to evidence, much less the filing of charges. If -- for example -- the searches of the Morphew home produced no relevant evidence, then there's no need to keep the warrants and PCAs sealed. If the searches did produce usable evidence, then investigators presumably have the evidence in their possession now; again, there's no need to keep the warrants and PCAs sealed.

Sure there is. Who wants potential criminals to know what evidence has been gathered? Not LE. Not a prosecutor.

One the person is charged, their lawyer can ask the Court for all evidence, and it's usually simply handed over.

Until the person is a defendant, they have no more right than the rest of us to "see the evidence." These days, with SM, it would make for chaos. If someone thinks there's been an illegal search of their house (in this case, it would be BM), then they can approach the court to demand to see the reasons why the search took place (IOW, to hear the Judge's reasoning). Of course, many people would think they need a lawyer for this - but in fact, any person can approach the Court.

I wonder why that hasn't happened. I wonder why it almost never happens. Probably because the suspect knows they will have to speak to the Court and be asked questions, perhaps at a hearing. Probably because the suspect knows that Judge had cause (that's my usual theory, based on 40 years of legal consulting and court watching).

The defense attorneys will get the evidence soon enough - and the public will see the arrest warrant when one is issued.

Can you imagine if every single person who has been talked to, in this case, is made public? What a chilling effect that would have on all investigations. That's just not how it works in any modern society - or any society I know of.

LE could be wrong about BM's guilt or innocence. Other people could be under the microscope. All kinds of stuff about the Morphews's private life - some of which may not even be allowed into evidence in an actual trial...it's supposed to be listed or made public?

I think the system works just fine when a judge decides, and then, when a person is charged, their lawyer(s) can have a go at the process and challenge whatever they wish. In small towns, especially, people know so much about each other, surely we don't want everyone's lives to be public? Every security video from Salida? It must be so much by now (not just of the Morphews but of anyone rumored to be associated with Suzanne's disappearance).

Hopefully the townspeople will in fact speak to Lauren about things they know - that's supposed to happen.

 

[Charlot123]

Titanium?
A lot of wheelchairs are made of titanium, because of the it being so light weight. Just sayin'

ETA: ok forget what i said..JnRyan is saying they're kind of heavy.

Titanium indeed is light - among metals.
Online Metals Weight Calculator | OnlineMetals.com®

I once had a titanium bucket. Not only was it light, but also almost impervious to elements. Great product.

They use titanium in jewelry, btw. I assume it is not cheap. Still, a metal, so heavy if compared to, say, graphite.

 

[MassGuy]

Not necessarily stranger abduction, but maybe someone could be a witness, but is afraid of coming out because of COVID violations? If I remember correctly, the cleaning lady took out a lot of thrash? (I didn’t listen to it myself, someone here mentioned it).

It would be nice to have witnesses.

I can’t imagine anyone is going to worry about a fine when the stakes are this high.

You’re talking about a homicide investigation on one hand, and a potential fine on the other. Not that I can imagine anyone enforcing a fine under these circumstances anyways.

When people are afraid to come forward, oftentimes it has to do with much more serious criminal activity on their part.

 

[ethereal*22]

Hell, it was a big enough pain in the *advertiser censored* to even get to see the arrest affidavits in recent Colorado cases (many weeks after arrest, and not before a prolonged court battle).

The search warrants come much later, and I’ve yet to see all of them released.

So to be clear, you are saying that Colorado has laws and rules in place that make arrest records and SW’s much less available legally to the general public- basically.

I live here, this makes me uncomfortable.

Is this true in other states as well?

 

[ethereal*22]

Sure there is. Who wants potential criminals to know what evidence has been gathered? Not LE. Not a prosecutor.

One the person is charged, their lawyer can ask the Court for all evidence, and it's usually simply handed over.

Until the person is a defendant, they have no more right than the rest of us to "see the evidence." These days, with SM, it would make for chaos. If someone thinks there's been an illegal search of their house (in this case, it would be BM), then they can approach the court to demand to see the reasons why the search took place (IOW, to hear the Judge's reasoning). Of course, many people would think they need a lawyer for this - but in fact, any person can approach the Court.

I wonder why that hasn't happened. I wonder why it almost never happens. Probably because the suspect knows they will have to speak to the Court and be asked questions, perhaps at a hearing. Probably because the suspect knows that Judge had cause (that's my usual theory, based on 40 years of legal consulting and court watching).

The defense attorneys will get the evidence soon enough - and the public will see the arrest warrant when one is issued.

Can you imagine if every single person who has been talked to, in this case, is made public? What a chilling effect that would have on all investigations. That's just not how it works in any modern society - or any society I know of.

LE could be wrong about BM's guilt or innocence. Other people could be under the microscope. All kinds of stuff about the Morphews's private life - some of which may not even be allowed into evidence in an actual trial...it's supposed to be listed or made public?

I think the system works just fine when a judge decides, and then, when a person is charged, their lawyer(s) can have a go at the process and challenge whatever they wish. In small towns, especially, people know so much about each other, surely we don't want everyone's lives to be public? Every security video from Salida? It must be so much by now (not just of the Morphews but of anyone rumored to be associated with Suzanne's disappearance).

Hopefully the townspeople will in fact speak to Lauren about things they know - that's supposed to happen.

Well when you put it that way...! Oh sometimes my head spins here! Lol-

 

[MassGuy]

So to be clear, you are saying that Colorado has laws and rules in place that make arrest records and SW’s much less available legally to the general public- basically.

I live here, this makes me uncomfortable.

Is this true in other states as well?

It comes out in court, but it hasn’t been timely in recent cases. After trial, all that stuff is available (I’m sure some things require a FOIA request).

In the Frazee case, the concern on the part of the prosecution was that there may be more people involved in the conspiracy. They didn’t want to put lives in danger, or hamper the ongoing investigation. Even the defense was barred from seeing it for a time.

Most of the search warrants were released following the preliminary hearing, and posted online.

The arrest affidavit was sealed in the Stauch case, but the prosecution didn’t oppose its release after her arrest. The defense fought to keep it sealed though, to protect from influencing the jury pool.

We did see it after several weeks.

If we have to wait here (when and if there is an arrest), it will likely because the defense wants to protect their client.

So they’ll be able to prolong its release if they so choose, but we’re talking about weeks probably.

 

[10ofRods]

Maybe not completely, but my point is that clarity & disclosure build trust in the judicial system. Non-disclosure, save for a few limited exceptions, erodes that trust.

Oh, I get this point - but that's simply not legal or judicial reality right now. As long as a case has no arrests, all of the people who could be arrested and all of the people who might be silenced/murdered by the future arrestee cannot have every scrap of information.

When I'm at home on my couch, I totally want more "disclosure." When I'm a pre-arrest consultant to the Court, I'd prefer to be left out of the media. Many people's words will not make it into evidence/public testimony and to expose all those people and put them in harm's way (because murderers are not nice people) is a bad idea. If I were a witness to a crime or some aspect of a crime (and I have been - although not always privy to the fact that I was working with a suspect/criminal), I would want protection, not disclosure.

Judges are the ones who balance that and I think most of them do a pretty darned good job.

 

[ethereal*22]

Titanium indeed is light - among metals.
Online Metals Weight Calculator | OnlineMetals.com®

I once had a titanium bucket. Not only was it light, but also almost impervious to elements. Great product.

They use titanium in jewelry, btw. I assume it is not cheap. Still, a metal, so heavy if compared to, say, graphite.

There are mountain bikes made of titanium- I believe-

 

[10ofRods]

Well when you put it that way...! Oh sometimes my head spins here! Lol-

Yeah, it's a problem (I guess) that right now, there are no defense attorneys involved. It's LE, the DA and the Court. That's how it's set up. And for very good reasons. They are deciding what the rest of us can know - but that will end when an arrest is made, because every arrested person has the right to know why they are held.

They do not have the right to have that information in advance of the arrest, as then they'd go and intimidate or even kill some of the witnesses or talkers.

LE used to leak more, that's true (and it did and does endanger witnesses, potential witnesses, and anyone that a paranoid suspect thinks may be involved in the case).

Often, each person who talks to LE/DA only has a bit of the puzzle. I've participated in cases where I had no idea that it was a criminal case or that the person I was interviewing as part of my consultation and fieldwork was a suspect. If LE had disclosed all they knew just to me (a consultant, an involved party), it would have changed my behavior and I do think the criminals in question would have instantly caught on.

Whoever disappeared Suzanne has a life and they occasionally interact or talk to other humans. They are very likely to give clues or indications of what happened. All of that shuts down when the court publishes a list of everyone talked to (obviously). Only a tiny group of people do not speak to LE about a crime (defense attorneys who are employed by a defendant; psychiatrists; psychologists; medical doctors in general).

The rest of us do speak to LE about what we know about a crime. And we need to be protected.

For minor crimes, it's different. But for murder and rape and similar crimes, the people who work to try and help LE get a grip on what has happened should and must be protected until trial (and many will never be called to testify, and will wish to remain anonymous forever).

 

[Seattle1]

From an attorney's perspective -- and from my perspective that's always wary of government -- I find the PCAs' continued sealing (sixty days or so from the warrants' issuance) to be disconcerting. I understand that such a procedure is custom for Colorado -- and maybe it works in Colorado's courts -- but I find a government's ability to shield warrants and PCAs from public view a full two months after the searches to be disturbing. I have no problem with warrants and PCAs being shielded to prevent destruction of evidence, but I have no idea what evidence would have to be protected sixty days after the warrants' issuance.

^^sbm

Specific to an ongoing investigation of a missing person case such as SM where LE has not said they suspect foul play in the disappearance, and no suspect has been named, I fully support keeping the information filed with the court confidential to protect the integrity of the ongoing investigation (as well as the privacy of innocent parties) until an official action such as an arrest or disposition. MOO

Colorado Open Records Act & Colorado Criminal Justice Records Act - Colorado Attorney General | Colorado Attorney General

CORA requests for criminal justice records will be treated as requests made under the CCJRA. The legislative policy regarding access to criminal justice records under the CCJRA is more limited than access to public records under CORA.

The courts have also construed the CCJRA to favor less broad disclosure.

The CCJRA creates two categories of records:

1. Records of official action. The CCJRA defines an official action as “an arrest; indictment; charging by information; disposition; pretrial or posttrial release from custody; judicial determination of mental or physical condition; decision to grant, order, or terminate probation, parole, or participation in correctional or rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any person under criminal sentence.” Section 24-72-302(7), C.R.S. The records of official action must be open for inspection.
2. Except for records of official actions, which must be available for inspection, all other criminal justice records may be open for inspection subject to the discretion of the official custodian.

Regardless of the rules of each State, I think even the ABA makes the Standard clear:

STANDARD 2.8 SEARCH WARRANTS

(a) As used in these Standards a “search warrant” is a written command issued by a judge or magistrate that permits law enforcement agents to search specified persons or premises and seize specified effects and information.

[..]

(l) The prosecutor should consider whether the papers supporting the search warrant should be sealed after the warrant is executed and should make application to do so only when the prosecutor believes that the public’s interest in knowing of the warrant is outweighed by the need to maintain secrecy of the investigation or to prevent unfair publicity to the persons or organizations whose premises were searched. bbm

Standards on Prosecutorial Investigations (Table of Contents)

 

[FlyerFan28]

Titanium?
A lot of wheelchairs are made of titanium, because of the it being so light weight. Just sayin'

ETA: ok forget what i said..JnRyan is saying they're kind of heavy.

Mine weighs 27 lbs. Full suspension with 29" tires. It's aluminum tho.

 

[Hoss569]

Is a search warrant required to gather location information from a service provider of an electronic device? Maybe not so much if the owner of the device allows it or the information matches the story?

Just wondering.

 

[ethereal*22]

Yeah, it's a problem (I guess) that right now, there are no defense attorneys involved. It's LE, the DA and the Court. That's how it's set up. And for very good reasons. They are deciding what the rest of us can know - but that will end when an arrest is made, because every arrested person has the right to know why they are held.

They do not have the right to have that information in advance of the arrest, as then they'd go and intimidate or even kill some of the witnesses or talkers.

LE used to leak more, that's true (and it did and does endanger witnesses, potential witnesses, and anyone that a paranoid suspect thinks may be involved in the case).

Often, each person who talks to LE/DA only has a bit of the puzzle. I've participated in cases where I had no idea that it was a criminal case or that the person I was interviewing as part of my consultation and fieldwork was a suspect. If LE had disclosed all they knew just to me (a consultant, an involved party), it would have changed my behavior and I do think the criminals in question would have instantly caught on.

Whoever disappeared Suzanne has a life and they occasionally interact or talk to other humans. They are very likely to give clues or indications of what happened. All of that shuts down when the court publishes a list of everyone talked to (obviously). Only a tiny group of people do not speak to LE about a crime (defense attorneys who are employed by a defendant; psychiatrists; psychologists; medical doctors in general).

The rest of us do speak to LE about what we know about a crime. And we need to be protected.

For minor crimes, it's different. But for murder and rape and similar crimes, the people who work to try and help LE get a grip on what has happened should and must be protected until trial (and many will never be called to testify, and will wish to remain anonymous forever).

Thank you!! Now I’m curious, when you interview and consult with these criminals/ suspects is that done in person? Is the information you gather ever used in trial? If so how can you remain anonymous? I’m wondering here how you stay protected in your line of work...because essentially you become what these sealed documents are set up to protect. Like a generalized snitch for lack of a better explanation- especially in a criminal’s mind-

Also, why does that small group; defense attys, psych, MD etc never speak to LE about a crime?

 

[Hoss569]

Just another crazy late night thought on the bike. I have two mountain bikes, one is just shy of 25 lbs the other is just north of 30 lbs with all the racks for gear. The women I have biked with seem to be pretty concerned with the seat and bike weight, the guys will be chirping up about suspension and geometry and mostly fo the gals mentions seats and can you carry my bag of stuff kind of talk. With the perceived finances that M's appear to have, I would only imagine that she has a fairly nice lightweight bike, which could be as light as at least 17lbs, I bike with some guys that have roadies down to 14lbs.

Also, it wouldn't take a pretty big hit to bend a wheel on mountain bike? I know my wheels have tougher spokes and I have unwillingly hit some rather large bumps and not suffer a bent wheel. If its a lightweight bike the wheels could be lighter built, not sure, just a crazy thought.

 

[MassGuy]

Is a search warrant required to gather location information from a service provider of an electronic device? Maybe not so much if the owner of the device allows it or the information matches the story?

Just wondering.

Yes. In the Kelsey Berreth case, phone record subpoenas broke the case open.

They proved that that both the suspect’s phone and the victim’s phone were traveling together, and communicating with each other when they were in the same place.

The killer wanted to make it appear that the victim was still alive.

This charade helped build a bulletproof case against her killer, as they also showed Frazee was not where he claimed to be, when he said he was there.

I think phone data, from both the phones themselves and the Morphew’s service providers, will prove large here.

Besides that, Google provides extensive location data if location services are turned on (inside Google apps). This is incredibly specific, and even more accurate than what phone companies can provide.

There are a lot of avenues here.

 

[Hoss569]

Yes. In the Kelsey Berreth case, phone record subpoenas broke the case open.

They proved that that both the suspect’s phone and the victim’s phone were traveling together, and communicating with each other when they were in the same place.

The killer wanted to make it appear that the victim was still alive.

This charade helped build a bulletproof case against her killer, as they also showed Frazee was not where he claimed to be, when he said he was there.

I think phone data, from both the phones themselves and the Morphew’s service providers, will prove large here.

Besides that, Google provides extensive location data if location services are turned on (inside Google apps). This is incredibly specific, and even more accurate than what phone companies can provide.

There are a lot of avenues here.

I think I would be filing warrants for more than two phones then...

 

[MassGuy]

I think I would be filing warrants for more than two phones then...

There will be warrants for everything:

Vehicles, phones, phone companies, banks, email addresses, Google, Facebook, the house; all sorts of stuff.

This includes for Suzanne, and any suspect.