So I was looking through the state response today, and I found this interesting case citation:
Courts have recognized that it is a compelling state interest to maintaining the integrity of a criminal prosecution and enforce the law.
People v. Fallis, 2015 COA 75, ¶ 7 (“Colorado has a compelling state interest in enforcing its criminal laws.”);
see also People v. Allee, 740 P.2d 1, 9 (Colo. 1987) (recognizing important state interest in enforcing criminal law).
You may recall that Barry's former attorney, Iris Eytan, defended Fallis.
Apparently it makes perfect sense to cite that particular case, but there are numerous other ones that could have also done the job.
I wouldn't be surprised if that was intentional.
Oh, man -- I don't even have to look this one up! Fallis and Morphew could be one in the same, on the scale of arrogance-- especially under the guidance of Iris!
I recall Fallis was living in Indiana-- allegedly attending University, at the time of his indictment and arrest for 2nd degree murder of his wife.
After the trial court granted him pretrial bond release, he insisted he should be able to return to University studies in Indiana-- while awaiting trial! Team Fallis was certain the Surety underwriting his $500K bond, guaranteeing his court appearance, would endorse this request upon his execution of a waiver of extradition, and therefore the Court should have no issue here-- or else be seen as transgressing upon the defendant's presumption of innocence!
However, much like BM's current Motion, Fallis rethought his Motion (and ultimate Petition with the higher Court) by pulling the "child card," arguing that the Trial Court was abusing its discretion and
violating his constitutional right to parent his children, because the disputed bond conditions, were effectively preventing him from exercising his parental rights over his children living in Indiana. Boo-hoo, NOT!
It soon after came out that Fallis' parents had an order preventing him from moving the children out of Indiana, but there was nothing preventing them from visiting him in Colorado, when accompanied by an approved guardian, and nothing preventing Fallis from interacting with his children, effectively parenting them, for example, as any parent away on business parents their children. In other words, just as you'd expect, Fallis was trying to argue conditions that never existed before his arrest! His parents had taken over the parenting burden he failed at. Needless to say, of course, Fallis did not prevail in his argument to leave the state while on bond release, for any reason.
On a different but related note, I recall rumors that Team Fallis went nuclear on the maker of his initial $500K Surety (at $25K premium) for not actively supporting their legal fight over disputed bond conditions, and just before the trial was to begin, they responded by surrendering Fallis back to the custody of the Court. The Court granted their Motion, and Fallis spent several nights in jail before his family could secure a second bond and pay another $25K bond premium. Team Fallis sued for a partial refund of their premium, but the Surety prevailed.