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

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”.
YES! I think they had to be ready in case the defense did the whole speedy trial request. Google tells me that in Colorado a speedy trial is within 6 months of a not guilty plea so if they did that and if the state wasn't ready, it would be rough. I think they made sure before they charged him that they would be ready for trial that very day. Now it's up to the defense and how they want to do it.
 
it was never stated by LE who the package was addressed to.... how did you determine the package 'belonged to her'? an address where she never lived? does not make sense

Will research source. It is very unlikely she stole it, and very likely it was addressed to her or Barry as she was not charged with theft, just trespassing.
 
I'm curious why there'd be a conflict of interest with the PD office representing Barry?

Colorado law provides that all defendants being held in jail subject to bail are entitled to a public defender, regardless of their financial means. This is premised on the notion that whether rich or poor, a jailed defendant cannot easily interview and secure counsel from behind bars.

Be reminded that following BM's initial arrest in 2021, he was represented by two public defenders (Daniel Zettler and Magdalena Rosa) until the public defender's office filed a Substitution of Counsel, requesting the Court allow and entry of appearance of Eytan & Nielsen, LLC, and the withdrawal of Zettler and Rosa, on May 17, 2021.

Not finding any Tweets/X from the hearing so need to do some follow-up whether the conflict was disclosed. Given BM essentially sued everybody in the State who touched his first prosecution attempt, I would not be surprised if the PD office also felt BM's heat. Nonetheless, conflict is not unusual, and why the State provides an alternative: The Office of the Alternate Defense Counsel (OADC).


ETA: I think BM prefers to use his $$$ for pretrial bond release versus a private defense attorney retainer.
 
Colorado law provides that all defendants being held in jail subject to bail are entitled to a public defender, regardless of their financial means. This is premised on the notion that whether rich or poor, a jailed defendant cannot easily interview and secure counsel from behind bars.

Be reminded that following BM's initial arrest in 2021, he was represented by two public defenders (Daniel Zettler and Magdalena Rosa) until the public defender's office filed a Substitution of Counsel, requesting the Court allow and entry of appearance of Eytan & Nielsen, LLC, and the withdrawal of Zettler and Rosa, on May 17, 2021.

Not finding any Tweets/X from the hearing so need to do some follow-up whether the conflict was disclosed. Given BM essentially sued everybody in the State who touched his first prosecution attempt, I would not be surprised if the PD office also felt BM's heat. Nonetheless, conflict is not unusual, and why the State provides an alternative: The Office of the Alternate Defense Counsel (OADC).


ETA: I think BM prefers to use his $$$ for pretrial bond release versus a private defense attorney retainer.
Thanks for that explanation.
 
Three years, two months and nine days after Barry Morphew walked out of a Colorado courtroom a free man who was no longer accused of murdering his wife, he returned to court in handcuffs Tuesday — once again facing a murder charge.
[…]
 
Right? Other than the scrapes, he looked pretty good. The best Barry.
It’s like that Seinfeld episode about the woman who looks completely different in different lighting. Barry does not deserve good lighting! Why can’t we have that at the DMV???
 
Still in shock over BK pleading guilty, for the first time, I'm smelling a possible Alford plea here. Would the Prosecution accept that? Could he negotiate a lighter sentence to boot? Smells like a boot that stepped in it... but might he plead out to save face (all ego still, just a different brand of self-preservation)?

Either the defense is going to have to concede to most of the evidence and spin a different reason for why he did what he did, repackage murder in the 1st degree with some kind of mercy killing or suicide cover up, as if OR present an unconvincing SODDI or alibi defense, in which case the jury will need about 30 minutes to return a verdict, and only if 20 minutes of that is lunch.

JMO
 
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 guess those attorneys will at least be taking a pay cut. But I do wonder now about that alleged conflict of interest, which, if the ADC office does appoint them, turns out to be very convenient for him. Just wondering.
 
Colorado law provides that all defendants being held in jail subject to bail are entitled to a public defender, regardless of their financial means. This is premised on the notion that whether rich or poor, a jailed defendant cannot easily interview and secure counsel from behind bars.

Be reminded that following BM's initial arrest in 2021, he was represented by two public defenders (Daniel Zettler and Magdalena Rosa) until the public defender's office filed a Substitution of Counsel, requesting the Court allow and entry of appearance of Eytan & Nielsen, LLC, and the withdrawal of Zettler and Rosa, on May 17, 2021.

Not finding any Tweets/X from the hearing so need to do some follow-up whether the conflict was disclosed. Given BM essentially sued everybody in the State who touched his first prosecution attempt, I would not be surprised if the PD office also felt BM's heat. Nonetheless, conflict is not unusual, and why the State provides an alternative: The Office of the Alternate Defense Counsel (OADC).


ETA: I think BM prefers to use his $$$ for pretrial bond release versus a private defense attorney retainer.
BBM

Do you really think BM has 3 million cash available? god I hope not. Im assuming they will ask for a reduced bond come Sept 2nd....
 
[…]

On Tuesday, Morphew appeared in a small Alamosa County courtroom wearing an orange-and-white striped jumpsuit. During the hearing, which lasted about 30 minutes, attorneys discussed several issues, including a possible conflict of interest between Morphew and the public defender's office.

His next court appearance was set for Sept. 2 at 1:30 p.m. after Morphew's defense counsel asked for 60 days to review the discovery in the case.

[…]

 
Looks like he did smile at M/M when he came in. The article says "his daughter" was there, as though he only has one, and without giving a name. Does Lauren need to unretire to get some competent reporting up in here?


🤮
 
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^^rsbm

To be clear, SD was caught creeping on the former property of BM less than a week after BM was released from the county jail on pretrial bond for first-degree murder of still missing SM!

BM was feared, persona non grata, especially by the residents of Monarch Estates, and LE was doing its best to restore calm and confidence to the community after BM proved successful in securing a $500K cash-only release.

In other words, this was no ordinary porch pirate episode, and it follows that LE did not treat the complaint as such. JMO

#RESPECTforLE
But it wasn't scary BM who approached the house. SD walked down the driveway to the house at a normal pace, not hiding in bushes and looking around. She found BM's package and left. I can understand that the owners may have thought she took a package addressed to them, but after LE learned it was BM's there was no legitimate issue. There was no theft, and the trespass petty offense was a legally insufficient charge. Prosecutors asked the judge to dismiss it, telling the judge that after a closer review of case law, they didn’t think there was a reasonable likelihood of conviction. It was a bogus charge IMO.

By then, she had retained a lawyer, who she understandably asked to prevent LE from harassing her as a witness in the murder case. Oops, the best qualified and most experienced judge in the District would have to DQ himself!

Wish they knew their case law before they filed, like, you know, competent attorneys.

PS Facts be damned? Gimme a break!

--------

Shoshona Darke trespassing charge dismissed

CHAFFEE COUNTY, Colo. — On Wednesday, the prosecution asked a Chaffee County judge to dismiss the trespassing charge against Shoshona Darke, the alleged girlfriend of Barry Morphew.

Morphew faces charges of first-degree murder after his wife, Suzanne Morphew, disappeared over Mother’s Day weekend in 2020.

The original charge stems from a September trespassing incident where Darke was seen on video taking a package from the front door of Morphew’s former home in Maysville, Colorado. Darke was charged with second-degree criminal trespassing, a Class 3 misdemeanor.

The property owner of Morphew’s former home wanted to prosecute the trespassing charge against Darke, after a closer review of case law, the prosecution didn’t think there was a reasonable likelihood of conviction.
 
Still in shock over BK pleading guilty, for the first time, I'm smelling a possible Alford plea here. Would the Prosecution accept that? Could he negotiate a lighter sentence to boot? Smells like a boot that stepped in it... but might he plead out to save face (all ego still, just a different brand of self-preservation)?

Either the defense is going to have to concede to most of the evidence and spin a different reason for why he did what he did, repackage murder in the 1st degree with some kind of mercy killing or suicide cover up, as if OR present an unconvincing SODDI or alibi defense, in which case the jury will need about 30 minutes to return a verdict, and only if 20 minutes of that is lunch.

JMO

I very much hope that the prosecution will not accept anything less than first degree murder and life without parole. He has had 5 years free which he never should have had .
 
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.
As Barry would say 💯

These are not just two regular folk in a neighborhood, living their lives, who happened to have a wayward package they decide to grab. .

It's Barry with a ankle bracelet, the former owner of the house/property who is suspected and charged with murdering his wife on that property.
It's a long curved driveway that you cannot see from the street that is gated and posted.
So, retrieving that package was a really bad judgement call on BM's part that Sho gladly goes along with.
So many better alternatives.

I seem to remember so iirc - Both BM and Sho had been seen on the cameras other times taking a stroll maybe in the lower part of the driveway.

If you have any ability to read other people in life you only have to meet BM once to know that he is the type that if you give him and inch - well, he is going to take a mile ...and more.

I think given the gate on the driveway, the no trespassing posted and the ankle bracelet - if I were the homeowner I would have been pressing charges if possible too. I would want it clear that there is no where on that property Barry Morphew or his friends are welcome. Period.
JMO
 
BBM

Do you really think BM has 3 million cash available? god I hope not. Im assuming they will ask for a reduced bond come Sept 2nd....

No doubt they are going to argue BM's good behavior under prior release at a fraction of $3M. And I can't wait for Judge Hopkins to remind the defense that they can always seek a "proof evident or presumption great hearing (PEPG)," which would no doubt shut this down where the Court will find PEPG, and rule that BM is not eligible for bail, period!

In other words, since BM was Indicted by the Grand Jury, this charging method replaced the preliminary hearing, and with no proof evident or presumption great-hearing, the only reason why the Colorado defendant, charged with 1st-degree murder, was even eligible for bond release-- albeit $3M cash-only. Under similar circumstances, Aurora dentist James Craig's bond was set at $10M cash only! I'd say BM received consideration. JMO

 

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