Found Deceased CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #117

Does that mean his pro bono one has bailed out?
Did I understand correctly that, since the public defender's office has reported they have a conflict, attorney David Bellar said that he and attorney Jane Byrialsen (both currently providing limited representation) would be available to be appointed (and have been in the past on other cases) as his provided attorneys? So that would provide BM with these two typically highly-compensated attorneys but on the Colorado taxpayers' dime rather than BM's.

This AFTER BM has reportedly transferred a variety of assets to other family members to preserve those assets.
 
-I was a little late to the live stream but the following is what I got :
-Next court appearance is Sept 2nd 1:30 and yes to the live stream
-Evidently there is a conflict of interest so Barry cannot use the public defender so his current lawyers anticipate they will be appointed to his case. Maybe with the addition of David Lipka who was on the live stream listening in - but that needs to all play out
-Melinda /Suzannes sister was listening in on the live stream via court webx
-The daughters used to have a victim lawyer Jane B - she is withdrawing so a new one needs to be appointed
-All Discovery has been given to D and judge with the exception of one grand jury interview which they will have in a week
-On Set 2nd -Barrys lawyer anticipates he will be asking for a probale cause review -
-On Sept 2nd -Barrys lawyer anticipates they will want to review the issue of bail

- The judge seemed smart /strong and fair - I did not catch her name
- The D male lawyer is very soft spoken but knowledgable - I did not hear Jane speak
-The P - DA Anne Kelly and I believe a guy named Johnson ? - both spoke very well prepared / confident and knowledgable

Off to the races - in a much better position than last time

JMO
 
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-I was a little late to the live stream but the following is what I got :
-Next court appearance is Sept 2nd 1:30 and yes to the live stream
-Evidently there is a conflict of interest so Barry cannot use thpue blic defender so his current lawyers anticipate they will be appointed to his case. Maybe with the addition of David Lipka who was on the live stream lisstening in - but that needs to all play out
-Melinda /Suzannes sister was lsitening in on the live stream via court webx
-The daughters used to have a victim lawyer Jane B - she is withdrawing so a new one needs to be appointed
-All Discovery has been given to D and judge with the exception of one grand jury interview which they will have in a week
-On Set 2nd -Barrys lawyer anticipateshe will be asking for a probale cause cause review -
-On Sept 2nd -Barrys lawyer anticipates they will want to review the issue of bail

- The judge seemed smart /strong and fair - I did not catch her name
- The D male lawyer is very soft spoken but knowledgable - I did not hear Jane speak
-The P - DA Anne Kelly and I believe a guy named Johnson ? - both spoke very well prepared / confident and knowledgable

Off to the races - in a much better position than last time

JMO
Judge - Amanda Hopkins.
 
Colorado Court Livestream vs WebEx

What has changed since BM's last court proceedings is the Colorado Court site now provides public observers access to applicable courtrooms via a court-provided "live stream link" found on their website.

"WebEx" virtual courtroom link is now a secure portal that is only available to join with prior approval by the Court. SM's sister, the Court Clerk, and Attorney Lipka were logged in here for the advisement hearing today via WebEx (obviously granted prior permission).

Take note Colorado continues to prohibit the recording or reproduction of Livestream and/or WebEx:

Warning: Do not record or reproduce the court proceedings. Any recording of these proceedings—including any audio recording, visual recording, screen capture, or photograph—without the express prior written authorization of the court is prohibited and may subject you to contempt proceedings, including a fine, jail, or both. For more information, please see Chief Justice Directive 23-02 and C.R.S. § 13-1-132.
 
I agree with Tragg. I would hazard a guess that most people who police identify as "trespassing" on someone's land based on Ring cameras and things and if they are not criminals on probation or have warrants are given a stern warning and not prosecuted. These days people hunt down their lost packages by pictures of people's front door. I totally also suspect that LE wanted to squeeze SD hoping to glean some information even though they figured out that she was simply picking up a misdelivered package for BM who knew he could not be on that property. And I imagine in most municipalities the police can handle it with a homeowner who is upset that someone unknown to them was on their property.
I think this is a little different though. Barry thought he would be slick and have her go over there. What if he was having her move evidence or something? I just think since he was on house arrest and living right down the road from his old house, there should have been an understanding that he shouldn't be there, and he shouldn't send anyone else there. I mean he could have called UPS or FedEx and said hey can you deliver it to the right house.. or something. I just think Barry thought he was above the law; he showed it when he talked to LE so many times and was upset that he thought one of them was his friend. He just did whatever he wanted and SD should have known better than to go over there because this wasn't just any house and any accidental wrong delivery.
 
Appearing with DA Kelly today was Fred Johnson of the Boulder DA’s Office.
Some may remember him from the Mark Redwine trial.
This article is from the Redwine case



[…]

“Fred Johnson was sworn in as a special deputy in the case,” Boulder County District Attorney Stan Garnett said. “He handled the overall investigation, and the presentation to the grand jury. He will be the lead trial counsel on that.”

[…]
 
So if Barry has no money to pay for a lawyer and needs public defenders, then however will he be able to post any bail if they revisit that? I don't see them not having a cash only bail and even if it's lowered some, if he has cash for bail, can't they argue he has cash for lawyers?
 
I think this is a little different though. Barry thought he would be slick and have her go over there. What if he was having her move evidence or something? I just think since he was on house arrest and living right down the road from his old house, there should have been an understanding that he shouldn't be there, and he shouldn't send anyone else there. I mean he could have called UPS or FedEx and said hey can you deliver it to the right house.. or something. I just think Barry thought he was above the law; he showed it when he talked to LE so many times and was upset that he thought one of them was his friend. He just did whatever he wanted and SD should have known better than to go over there because this wasn't just any house and any accidental wrong delivery.
Still means that local LE handled it "differently" than any other case of someone walking up to a wrongly delivered package and picking it up. That's over and my guess is LE didn't get anything of interest and knew that if they actually ended up going to trial which they knew SD would ask for no jury of rational people would "convict" her of trespassing in my opinion or it would end up some sort of misdemeanor plea deal with a very low fine. In my opinion old news and a big to-do over nothing and yet another prosecution induced distraction intertwined from the job at hand which was putting together a strong case against BM.
 
Still means that local LE handled it "differently" than any other case of someone walking up to a wrongly delivered package and picking it up. That's over and my guess is LE didn't get anything of interest and knew that if they actually ended up going to trial which they knew SD would ask for no jury of rational people would "convict" her of trespassing in my opinion or it would end up some sort of misdemeanor plea deal with a very low fine. In my opinion old news and a big to-do over nothing and yet another prosecution induced distraction intertwined from the job at hand which was putting together a strong case against BM.
They handled it differently because it was different.

It wasn't her mail, it was Barry's, and he wasn't allowed to be on that property. He sent her to get it knowing he couldn't be there. Technically, stealing mail is a big deal and if it wasn't her package and wasn't addressed to her, she had no business being there to retrieve it. This is way different for many reasons so I will just agree to disagree.
 
Lol. This is night and day difference between the first prosecution team and this one.

They’ve already done everything without being asked. Say they’re ready to move.
Yes!! I think this hearing explains the long delay (7 months) between the burial site discovery and autopsy results, and the even longer 14-month span between the release of the autopsy results and indictment. This prosecution team has learned (painfully) from the mistakes of the past and prepared very carefully. Everything will be by the letter of the law, information tightly controlled and (I’m confident) they’re thoroughly prepared for the inevitable defense “games”.
 

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