So let's consider the factors for setting bail that we know about. I'll pretend I'm the judge.
The conditions I set when the indictment issued are all standard. I set the type as a cash bond, because I don't believe any other type gives me the assurance I need that a defendant charged with first degree murder will comply with those terms. This is true for both rich defendants and indigent defendants.
I presume that Mr. Morphew is eligible for release on bond with the appropriate and least-restrictive conditions. Per the statute, a monetary condition of release must be reasonable in the defendant's circumstances, considering the criteria set forth in the statute, as follows
(a) Mr. Morphew is unemployed and has complained that he cannot get work because public awareness of his previous case has affected his reputation.
(b) Mr. Morphew has no family residing in the 12th Judicial District.
(c) Mr. Morphew lived in Indiana, and his extended family still resides there. He resided in Colorado with his wife and children for a short period, but relocated to Arizona after charges against him in the 11th Judicial District were dismissed.
(d) Mr. Morphew's character and reputation are adversely affected by previous charges, for which investigations clearly established probable cause. HIs reputation was so poor in Chafee County that a judge was compelled to change venue. He claims this reputation has followed him even to Arizona and affected his ability to get work and make friends. Assuming this is true, it seems unlikely that he will establish relationships and get work in Colorado.
(e) Mr. Morphew's daughter is willing to rent an apartment in Alamosa and host her father as her guest.
(f) The sentence for the charge Mr. Morphew faces is life in prison, the most severe in Colorado criminal law. I give great weight to this factor, as it provides a powerful reason for Mr. Morphew to abscond to avoid it.
(g) Mr. Morphew has faced criminal charges in the past, but all have been dismissed - one after Mr. Morphew completed a period of probation.
(h) There are facts alleged in this case indicating that Mr. Morphew may seek to influence or intimidate witnesses if he is released. There are also facts alleged in this case that he relocated his wife's remains after he was charged with her murder, in violation of Colorado law.
(i) As noted above, there are facts indicating that the defendant is likely to intimidate or harass possible witnesses, and one witness has expressed publicly her fear of him.
(j) There are no facts indicating that Mr. Morphew has strong ties to the community.
Mr. Morphew argues that when he was charged with First Degree Murder in Chaffee County, he posted a large cash bond and fully complied with its terms of release. He suggests that this is compelling evidence that he is not a threat to anyone and that he will appear as required in this case.
But I find that circumstances have changed significantly since that time. He was then a resident of Chafee County, and a neighbor provided his housing: Mr. Morphew is now an Arizona resident, and his daughter would have to relocate to Alamosa temporarily to provide his housing. When his bond was set in Chaffee County, the judge characterized the evidence against him as weak because Suzanne's remains had not been found and there was DNA evidence that seemed to suggest the involvement of another party. The arrest warrant in the case before me clearly indicates those reasons for doubt no longer exist.
Giving great weight to the gravity of the charges, the potential sentence, and the grounds for probable cause articulated by the Grand Jury, and considering Mr. Morphew's lack of ties to the community, the absence of reason to believe the defendant can find work in this jurisdiction, and the other factors recited above, I find that the type of bond, the conditions imposed, and the amount of $3 million are reasonable and necessary to assure that Mr. Morphew will appear in court as required, and to protect witnesses and other members of the community.