CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #119

[fcavanaugh]

With regards to the discussion of Judge AH’s order filed 3/9/26 regarding the Public Defender’s persistent conflict of interest (initially raised 7/9/25), IANAL
but imo my understanding per the order is that attorney DB and JFB have been appointed Alternate Defense Counsel (ADC). Which I believe means DB and JFB’s services/representation of BM is no longer considered private pay and going forward, BM’s defense counsel (DB & JFB) will be paid for by the state.
Just my understanding based on the verbiage in the Judge’s order itself, info located on the Colorado OADC website, and the Chief Justice Directive 04-04.
(Someone and/or WS verified attorney please feel free to correct me if my understanding is wrong which is entirely possible as again, IANAL).

Snipped from links BUBM:

*Judge’s Order filed 3/9/26:
“PEOPLE OF THE STATE OF COLORADO
Defendant:
BARRY MORPHEW
DATE FILED: March 9, 2026 9:58 AM
Case Number: 25CR128
Division: Courtroom:

ORDER RE: APPOINTMENT OF COUNSEL AT STATE EXPENSE OTHER THAN THE PUBLIC DEFENDER IN A CRIMINAL PROCEEDING

Alternate Defense Counsel Appointment -
David Beller and Jane Byrialsen, Attorney at Law, is appointed to represent the defendant in the above-captioned case.
The reason for the appointment of private counsel at state expense is:
Alternate Defense Counsel is appointed and will pay counsel because the defendant is indigent and the Public Defender
represents a witness/victim: Conflict persists as stated in July 9, 2025 motion.”

Judge
Amanda C. Hopkins

https://www.coloradojudicial.gov/sites/default/files/2026-03/ADC%20Order.pdf

——————————————————————
*OADC website:
“The Office of the Alternate Defense Counsel (ADC) is a state agency that provides legal representation to individuals facing criminal charges who can’t afford a lawyer and the Office of the State Public Defender has a conflict of interest.”

Welcome - Colorado ADC

Office of the AlternateDefense Counsel FAQs Join Our Team Contractor Log In Visit Contractor Page Who We Are The Office of the Alternate Defense Counsel (ADC) is a state agency […]

coloradoadc.org

——————————————————————-
*Chief Justice Directive 04-04:
“Appointment of Alternate Defense Counsel:
The Office of Alternate Defense Counsel (OADC) shall maintain a list of qualified attorneys for use by the courts in making appointments. Upon appointment of an Alternate Defense Counsel attorney, the clerk shall notify the OADC’s designee.
No more than one attorney may be appointed as counsel for an indigent person except where good cause is shown. Accordingly, upon specific written request by counsel for appointment of an additional attorney to assist in the defense of an indigent person, the OADC may approve appointment of an additional attorney for good cause shown. Such requests should be made in writing and directed to the OADC.“
***IMO, the OADC approved an additional attorney for good cause which is why both attorney DB and JFB are listed under Alternate Defense Counsel Appointment on Judge AH’s 3/9/26 order.

“Alternate Defense Counsel shall be appointed under the following circumstances:
1. Conflict-of-Interest Appointments: The PD shall file a motion or otherwise notify the court to withdraw in all cases in which a conflict of interest exists. The court shall appoint an Alternate Defense Counsel attorney to represent indigent persons in cases in which the court determines that the PD has a conflict of interest and removes the PD from the case. The OADC is responsible by statute to handle all PD conflict cases.”

“CONSTITUTIONAL AND STATUTORY AUTHORITY
State funds are appropriated to the Office of Alternate Defense Counsel to provide for the representation of indigent persons in criminal cases in which the Public Defender declares a conflict of interest pursuant to §21-2-101, C.R.S. (2014).”

https://www.coloradojudicial.gov/sites/default/files/2025-05/CJD%2004-04%20Amended%20effective%20July%201%202024%20Attach%20A%20%20and%20Attach%20B%20Amended%20April%202025WEB_A11Y.pdf

TL;DR- does Judge AH’s 3/9/26 order appointing private counsel DB & JFB as Alternate Defense Counsel due to PD conflict mean that now/going forward the state, not BM, are paying for DB and JFB’s representation of BM????

IMHOO

#JUSTICEFORSUZANNE

 

[Smelly Squirrel]

That order is surprising considering their previous motion. I guess his "status" changed somehow.

Sep 22, 2025 Motion to Change Attorney Status Designation D-10.pdf

David M. Beller of Recht Kornfeld, P.C., and Jane Fisher-Byrialsen of Fisher &
Byrialsen, PLLC, on behalf of Barry L. Morphew, and moves to change their status designation
from “Alternate Defense Counsel” to “Privately Retained Counsel.” On today’s date, supporters
of Mr. Morphew posted bond on his behalf. As such, Mr. Morphew will exhaust all resources
and pay for his representation moving forward. Should his status change in the future, Mr.
Morphew will comply with the requirements of Chief Justice Directive 04-04.

 

[TristanP]

That order is surprising considering their previous motion. I guess his "status" changed somehow.

Sep 22, 2025 Motion to Change Attorney Status Designation D-10.pdf

David M. Beller of Recht Kornfeld, P.C., and Jane Fisher-Byrialsen of Fisher &
Byrialsen, PLLC, on behalf of Barry L. Morphew, and moves to change their status designation
from “Alternate Defense Counsel” to “Privately Retained Counsel.” On today’s date, supporters
of Mr. Morphew posted bond on his behalf. As such, Mr. Morphew will exhaust all resources
and pay for his representation moving forward. Should his status change in the future, Mr.
Morphew will comply with the requirements of Chief Justice Directive 04-04.

Finally ran out of the money that he hadn't already transferred to his daughters, it seems.

 

[steeltowngirl]

I suppose it was all explained in the mysterious 7/9/25 motion, where a persistent conflict was raised. Adding it to the list of things near Barry that go missing.

 

[MissTilly]

pleased to see my favourite retired FBI agent, Jonathan "Jonny" Grusing, on the list of witnesses for the state… bet BM is less happy
moo

 

[steeltowngirl]

Pre-Conviction​

In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Alternate Defense Counsel (ADC), you must either request court-appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). In either case, it will be the Public Defender’s Office that determines if you qualify for court-appointed counsel. (You can find information about the application process and a listing of regional OSPD offices by visiting their website at Colorado Public Defender Application | Apply for Public Defender

• If the OSPD determines that you qualify for court-appointed counsel, but they find they have an ethical conflict of interest in representing you, they will notify the Court. In most instances, the court then issues an Order appointing a particular ADC lawyer (from the list of available ADC contract attorneys in that jurisdiction) to represent you.
• Per statute, “…a ‘conflict of interest’ may include, but need not be limited to, circumstances in which the state public defender represents a codefendant or a person who is a witness in the case or other circumstances identified in the Colorado rules of professional conduct or other rules of civil procedure as creating a conflict of interest. Case overload, lack of resources, and other similar circumstances shall not constitute a ‘conflict of interest’.” C.R.S. section 21-2-103(1.5)(c). You will not obtain appointed alternate counsel for reasons such as disagreement with your attorney over strategy or because you simply do not like the attorney provided by the OSPD.

FAQs - Colorado ADC

What is the Alternate Defense Counsel (ADC)? The Office of the Alternate Defense Counsel (ADC) is a Colorado state agency that provides legal representation to people who cannot afford an […]

coloradoadc.org

 

[Lyanna]

Imagine if he represented himself.

 

[Seattle1]

Imagine if he represented himself.

Eeeek! I'd rather not!

 

[Seattle1]

Pre-Conviction​

In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Alternate Defense Counsel (ADC), you must either request court-appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). In either case, it will be the Public Defender’s Office that determines if you qualify for court-appointed counsel. (You can find information about the application process and a listing of regional OSPD offices by visiting their website at Colorado Public Defender Application | Apply for Public Defender

• If the OSPD determines that you qualify for court-appointed counsel, but they find they have an ethical conflict of interest in representing you, they will notify the Court. In most instances, the court then issues an Order appointing a particular ADC lawyer (from the list of available ADC contract attorneys in that jurisdiction) to represent you.
• Per statute, “…a ‘conflict of interest’ may include, but need not be limited to, circumstances in which the state public defender represents a codefendant or a person who is a witness in the case or other circumstances identified in the Colorado rules of professional conduct or other rules of civil procedure as creating a conflict of interest. Case overload, lack of resources, and other similar circumstances shall not constitute a ‘conflict of interest’.” C.R.S. section 21-2-103(1.5)(c). You will not obtain appointed alternate counsel for reasons such as disagreement with your attorney over strategy or because you simply do not like the attorney provided by the OSPD.

FAQs - Colorado ADC

What is the Alternate Defense Counsel (ADC)? The Office of the Alternate Defense Counsel (ADC) is a Colorado state agency that provides legal representation to people who cannot afford an […]

coloradoadc.org

While both the OSPD and ADC ultimately satisfy a defendant's Constitutional right to a State funded counsel/defense if indigent and/or they cannot afford to fund their own defense, the biggest difference between the two agencies is that defense attorneys appointed from OSPD are full-time State Employees, where the defendant does not have a Constitutional right to control the assignment of their appointed public defender.

In contrast, the OADC contracts with private, qualified lawyers to handle these cases (i.e., in conflict w/ OSPD), and the agency is responsible for ensuring the attorneys meet high-quality, ethical standards. Private attorneys contracted with ADC typically submit an application to be named to their roster and agree to be paid an established state rate for their services.

While the agency maintains control of the roster and the rotation of its contracted service providers, we've clearly had a front row seat to observe how easily Team Morphew manipulated the spirit of the rule where BM did not receive the 'next-up defense attorney' from the ADC roster, but instead was appointed two attorneys of his choice, who each previously filed limited notices of appearances for Morphew's first appearance, upon extradition from AZ.

Take note both the July 2025 Motion regarding OSPD's conflict and the Court's Appointment/Order of Beller and Fisher-Byrialsen from ADC are conveniently omitted from the public link to the Court Documents for the case.

In fact, the public's first notice that Beller and Fisher-Byrialsen were State Funded attorneys from ADC was in September 2025, when both filed a Motion to change their designation status from
from “Alternate Defense Counsel” to “Privately Retained Counsel” -- allegedly because supporters of Morphew posted bond on his behalf, and as such, the defendant would exhaust all his resources and pay for his representation moving forward.

IMO, with full participation of this Court, on March 6, 2026, OSPD Motioned the Court to withdraw attorney MEGAN A. RING, COLORADO STATE PUBLIC DEFENDER, due to the persisting Conflict as stated in a July 9, 2025 Motion (not publicly available), and provided that counsel by the ADC was required.

Per the March 6, 2026 Motion above, I earlier opined that Team Morphew likely requested a third (local) attorney, provided at the expense of taxpayers, to assist with the upcoming Motions filing deadline of April 13, 2026, Motions Hearing commencing on July 6, 2026, expert witness disclosure deadline of August 13, 2026 (defense team has indicated they will be challenging the testing done on the remains of SM), and the pre-trial hearings-- leading to the Jury Trial to commence on October 13, 2026.

However, upon further review of the Court's response to the March 6, 2026 OSPD Motion to withdraw, [ADC ORDER dated March 9], rather than ordering a TBD defender by ADC as I reasoned above, instead it appears Judge Hopkins inserted the names of David Beller and Jane Byrialsen, hereby appointing them as ADC Counsel for this case!

Make no mistake that there's been no Public Motion or hearing by Beller and/or Byrialsen requesting to change Attorney Status Designation from "Privately Retained Counsel" to “Alternate Defense Counsel”--reminding the Court of the presiding July 9, 2025 OSPD conflict, nor notify the Court of a change in Morphew's status to 'pay his legal representation moving forward.'

To be clear, I take great exception to the special treatment afforded the defendant by this Court! Given that the State has long been prejudiced by the defense alleging prosecutorial misconduct by the Eleventh Judicial District, without a single finding of willful misconduct by any Court, this disguised and/or non-transparent activity by the defense is indeed rich!

Lastly, please be reminded that Beller is a faculty member of Colorado Alternate Defense Counsel, and serves by appointment of the Denver Presiding Judge as a Commissioner of the Office of Municipal Public Defender, and is a shareholder of the firm Recht Kornfeld PC, with prominent ties to the ADC.

Community — Recht Kornfeld PC

www.rklawpc.com

• Sep 22, 2025
  File
  Motion to Change Attorney Status Designation D-10.pdf (PDF, 139.95 KB)
• Mar 6, 2026
  File
  Motion to Witdraw.pdf (PDF, 107.70 KB)
• Mar 9, 2026
  File
  ADC Order.pdf (PDF, 129.20 KB)

ETA: IMO, BM likely utilized the last six months under "Private Retained Representation" to complete the transfer of all of his countable assets to others before making a formal request for a public defender, as an out-of-custody defendant, under penalty of perjury.

 

[waldojabba]

While both the OSPD and ADC ultimately satisfy a defendant's Constitutional right to a State funded counsel/defense if indigent and/or they cannot afford to fund their own defense, the biggest difference between the two agencies is that defense attorneys appointed from OSPD are full-time State Employees, where the defendant does not have a Constitutional right to control the assignment of their appointed public defender.

In contrast, the OADC contracts with private, qualified lawyers to handle these cases (i.e., in conflict w/ OSPD), and the agency is responsible for ensuring the attorneys meet high-quality, ethical standards. Private attorneys contracted with ADC typically submit an application to be named to their roster and agree to be paid an established state rate for their services.

While the agency maintains control of the roster and the rotation of its contracted service providers, we've clearly had a front row seat to observe how easily Team Morphew manipulated the spirit of the rule where BM did not receive the 'next-up defense attorney' from the ADC roster, but instead was appointed two attorneys of his choice, who each previously filed limited notices of appearances for Morphew's first appearance, upon extradition from AZ.

Take note both the July 2025 Motion regarding OSPD's conflict and the Court's Appointment/Order of Beller and Fisher-Byrialsen from ADC are conveniently omitted from the public link to the Court Documents for the case.

In fact, the public's first notice that Beller and Fisher-Byrialsen were State Funded attorneys from ADC was in September 2025, when both filed a Motion to change their designation status from
from “Alternate Defense Counsel” to “Privately Retained Counsel” -- allegedly because supporters of Morphew posted bond on his behalf, and as such, the defendant would exhaust all his resources and pay for his representation moving forward.

IMO, with full participation of this Court, on March 6, 2026, OSPD Motioned the Court to withdraw attorney MEGAN A. RING, COLORADO STATE PUBLIC DEFENDER, due to the persisting Conflict as stated in a July 9, 2025 Motion (not publicly available), and provided that counsel by the ADC was required.

Per the March 6, 2026 Motion above, I earlier opined that that Team Morphew likely requested a third (local) attorney, provided at the expense of taxpayers, to assist with the upcoming Motions filing deadline of April 13, 2026, Motions Hearing commencing on July 6, 2026, expert witness disclosure deadline of August 13, 2026 (defense team has indicated they will be challenging the testing done on the remains of SM), and the pre-trial hearings-- leading to the Jury Trial to commence on October 13, 2026.

However, upon further review of the Court's response to the March 6, 2026 OSPD Motion to withdraw, [ADC ORDER dated March 9], rather than ordering a TBD defender by ADC as I reasoned above, instead it appears Judge Hopkins inserted the names of David Beller and Jane Byrialsen, hereby appointing them as ADC Counsel for this case!

Make no mistake that there's been no Public Motion or hearing by Beller and/or Byrialsen requesting to change Attorney Status Designation from "Privately Retained Counsel" to “Alternate Defense Counsel”--reminding the Court of the presiding July 9, 2025 OSPD conflict, nor notifying the Court of a change in Morphew's status to 'pay his legal representation moving forward.'

To be clear, I take great exception to the special treatment afforded the defendant by this Court! Given that the State has long been prejudiced by the defense alleging prosecutorial misconduct by the Eleventh Judicial District, without a single finding of willful misconduct by any Court, this disguised and/or non-transparent activity by the defense is indeed rich!

Lastly, please be reminded that Beller is a faculty member of Colorado Alternate Defense Counsel, and serves by appointment of the Denver Presiding Judge as a Commissioner of the Office of Municipal Public Defender, and is a shareholder of the firm Recht Kornfeld PC, with prominent ties to the ADC.

Community — Recht Kornfeld PC

www.rklawpc.com

• Sep 22, 2025
  File
  Motion to Change Attorney Status Designation D-10.pdf (PDF, 139.95 KB)
• Mar 6, 2026
  File
  Motion to Witdraw.pdf (PDF, 107.70 KB)
• Mar 9, 2026
  File
  ADC Order.pdf (PDF, 129.20 KB)

ETA: IMO, BM likely utilized the last six months under "Private Retained Representation" to complete the transfer of all of his countable assets to others before making a formal request for a public defender, as an out-of-custody defendant, under penalty of perjury.

Oh Boy
Way too COZY for my liking
Thanks for clarifying @Seattle1
jmo

 

[steeltowngirl]

While both the OSPD and ADC ultimately satisfy a defendant's Constitutional right to a State funded counsel/defense if indigent and/or they cannot afford to fund their own defense, the biggest difference between the two agencies is that defense attorneys appointed from OSPD are full-time State Employees, where the defendant does not have a Constitutional right to control the assignment of their appointed public defender.

In contrast, the OADC contracts with private, qualified lawyers to handle these cases (i.e., in conflict w/ OSPD), and the agency is responsible for ensuring the attorneys meet high-quality, ethical standards. Private attorneys contracted with ADC typically submit an application to be named to their roster and agree to be paid an established state rate for their services.

While the agency maintains control of the roster and the rotation of its contracted service providers, we've clearly had a front row seat to observe how easily Team Morphew manipulated the spirit of the rule where BM did not receive the 'next-up defense attorney' from the ADC roster, but instead was appointed two attorneys of his choice, who each previously filed limited notices of appearances for Morphew's first appearance, upon extradition from AZ.

Take note both the July 2025 Motion regarding OSPD's conflict and the Court's Appointment/Order of Beller and Fisher-Byrialsen from ADC are conveniently omitted from the public link to the Court Documents for the case.

In fact, the public's first notice that Beller and Fisher-Byrialsen were State Funded attorneys from ADC was in September 2025, when both filed a Motion to change their designation status from
from “Alternate Defense Counsel” to “Privately Retained Counsel” -- allegedly because supporters of Morphew posted bond on his behalf, and as such, the defendant would exhaust all his resources and pay for his representation moving forward.

IMO, with full participation of this Court, on March 6, 2026, OSPD Motioned the Court to withdraw attorney MEGAN A. RING, COLORADO STATE PUBLIC DEFENDER, due to the persisting Conflict as stated in a July 9, 2025 Motion (not publicly available), and provided that counsel by the ADC was required.

Per the March 6, 2026 Motion above, I earlier opined that that Team Morphew likely requested a third (local) attorney, provided at the expense of taxpayers, to assist with the upcoming Motions filing deadline of April 13, 2026, Motions Hearing commencing on July 6, 2026, expert witness disclosure deadline of August 13, 2026 (defense team has indicated they will be challenging the testing done on the remains of SM), and the pre-trial hearings-- leading to the Jury Trial to commence on October 13, 2026.

However, upon further review of the Court's response to the March 6, 2026 OSPD Motion to withdraw, [ADC ORDER dated March 9], rather than ordering a TBD defender by ADC as I reasoned above, instead it appears Judge Hopkins inserted the names of David Beller and Jane Byrialsen, hereby appointing them as ADC Counsel for this case!

Make no mistake that there's been no Public Motion or hearing by Beller and/or Byrialsen requesting to change Attorney Status Designation from "Privately Retained Counsel" to “Alternate Defense Counsel”--reminding the Court of the presiding July 9, 2025 OSPD conflict, nor notifying the Court of a change in Morphew's status to 'pay his legal representation moving forward.'

To be clear, I take great exception to the special treatment afforded the defendant by this Court! Given that the State has long been prejudiced by the defense alleging prosecutorial misconduct by the Eleventh Judicial District, without a single finding of willful misconduct by any Court, this disguised and/or non-transparent activity by the defense is indeed rich!

Lastly, please be reminded that Beller is a faculty member of Colorado Alternate Defense Counsel, and serves by appointment of the Denver Presiding Judge as a Commissioner of the Office of Municipal Public Defender, and is a shareholder of the firm Recht Kornfeld PC, with prominent ties to the ADC.

Community — Recht Kornfeld PC

www.rklawpc.com

• Sep 22, 2025
  File
  Motion to Change Attorney Status Designation D-10.pdf (PDF, 139.95 KB)
• Mar 6, 2026
  File
  Motion to Witdraw.pdf (PDF, 107.70 KB)
• Mar 9, 2026
  File
  ADC Order.pdf (PDF, 129.20 KB)

ETA: IMO, BM likely utilized the last six months under "Private Retained Representation" to complete the transfer of all of his countable assets to others before making a formal request for a public defender, as an out-of-custody defendant, under penalty of perjury.

Thank you for this @Seattle1

Dang him. Sneaky and manipulative.
Lee Moore = Lies More

 

[arielilane]

Timestamp 15:47

I'm going to set this on Monday, March 30th at 1:30 p.m. I'm going to set it

for an hour. You do not need to use that full hour.

I'm going to set that largely on the motion filed by the Morphew children,

but we will start that day with a status conference concerning the issues that were brought up by council today.

Right, Miss Kelly? Anything else on behalf of the state? Um, nothing, judge. Thank you very much.

Barry Morphew - Status Conference - March 9, 2026​

 

[fcavanaugh]

While both the OSPD and ADC ultimately satisfy a defendant's Constitutional right to a State funded counsel/defense if indigent and/or they cannot afford to fund their own defense, the biggest difference between the two agencies is that defense attorneys appointed from OSPD are full-time State Employees, where the defendant does not have a Constitutional right to control the assignment of their appointed public defender.

In contrast, the OADC contracts with private, qualified lawyers to handle these cases (i.e., in conflict w/ OSPD), and the agency is responsible for ensuring the attorneys meet high-quality, ethical standards. Private attorneys contracted with ADC typically submit an application to be named to their roster and agree to be paid an established state rate for their services.

While the agency maintains control of the roster and the rotation of its contracted service providers, we've clearly had a front row seat to observe how easily Team Morphew manipulated the spirit of the rule where BM did not receive the 'next-up defense attorney' from the ADC roster, but instead was appointed two attorneys of his choice, who each previously filed limited notices of appearances for Morphew's first appearance, upon extradition from AZ.

Take note both the July 2025 Motion regarding OSPD's conflict and the Court's Appointment/Order of Beller and Fisher-Byrialsen from ADC are conveniently omitted from the public link to the Court Documents for the case.

In fact, the public's first notice that Beller and Fisher-Byrialsen were State Funded attorneys from ADC was in September 2025, when both filed a Motion to change their designation status from
from “Alternate Defense Counsel” to “Privately Retained Counsel” -- allegedly because supporters of Morphew posted bond on his behalf, and as such, the defendant would exhaust all his resources and pay for his representation moving forward.

IMO, with full participation of this Court, on March 6, 2026, OSPD Motioned the Court to withdraw attorney MEGAN A. RING, COLORADO STATE PUBLIC DEFENDER, due to the persisting Conflict as stated in a July 9, 2025 Motion (not publicly available), and provided that counsel by the ADC was required.

Per the March 6, 2026 Motion above, I earlier opined that Team Morphew likely requested a third (local) attorney, provided at the expense of taxpayers, to assist with the upcoming Motions filing deadline of April 13, 2026, Motions Hearing commencing on July 6, 2026, expert witness disclosure deadline of August 13, 2026 (defense team has indicated they will be challenging the testing done on the remains of SM), and the pre-trial hearings-- leading to the Jury Trial to commence on October 13, 2026.

However, upon further review of the Court's response to the March 6, 2026 OSPD Motion to withdraw, [ADC ORDER dated March 9], rather than ordering a TBD defender by ADC as I reasoned above, instead it appears Judge Hopkins inserted the names of David Beller and Jane Byrialsen, hereby appointing them as ADC Counsel for this case!

Make no mistake that there's been no Public Motion or hearing by Beller and/or Byrialsen requesting to change Attorney Status Designation from "Privately Retained Counsel" to “Alternate Defense Counsel”--reminding the Court of the presiding July 9, 2025 OSPD conflict, nor notify the Court of a change in Morphew's status to 'pay his legal representation moving forward.'

To be clear, I take great exception to the special treatment afforded the defendant by this Court! Given that the State has long been prejudiced by the defense alleging prosecutorial misconduct by the Eleventh Judicial District, without a single finding of willful misconduct by any Court, this disguised and/or non-transparent activity by the defense is indeed rich!

Lastly, please be reminded that Beller is a faculty member of Colorado Alternate Defense Counsel, and serves by appointment of the Denver Presiding Judge as a Commissioner of the Office of Municipal Public Defender, and is a shareholder of the firm Recht Kornfeld PC, with prominent ties to the ADC.

Community — Recht Kornfeld PC

www.rklawpc.com

• Sep 22, 2025
  File
  Motion to Change Attorney Status Designation D-10.pdf (PDF, 139.95 KB)
• Mar 6, 2026
  File
  Motion to Witdraw.pdf (PDF, 107.70 KB)
• Mar 9, 2026
  File
  ADC Order.pdf (PDF, 129.20 KB)

ETA: IMO, BM likely utilized the last six months under "Private Retained Representation" to complete the transfer of all of his countable assets to others before making a formal request for a public defender, as an out-of-custody defendant, under penalty of perjury.

Many thanks @Seattle1.
Your knowledge, insight, and clear explanation of the legalese is valued and much appreciated!

I too take great exception to the special treatment Team BM’s been afforded by the court, and to the non-transparency issues in the case as well. It’s not how our Justice system is supposed to work.
It’s unacceptable, should not
be allowed nor tolerated, period.

May Suzanne’s voice be heard, justice served, and BM settling into a new home aka prison (hopefully) by end of this year.

IMHO

#JUSTICEFORSUZANNE

 

[GOBliaison]

Timestamp 15:47

I'm going to set this on Monday, March 30th at 1:30 p.m. I'm going to set it

for an hour. You do not need to use that full hour.

I'm going to set that largely on the motion filed by the Morphew children,

but we will start that day with a status conference concerning the issues that were brought up by council today.

Right, Miss Kelly? Anything else on behalf of the state? Um, nothing, judge. Thank you very much.

Barry Morphew - Status Conference - March 9, 2026​

Somnolence afflicting anyone else?
Anyone?

Suggestions of 'millstones', 'grist', 'inexorability' whirl 'round my tried attention at a Suzanne Morphew Memorial Dance Salon.
Me? Again feeling the wallflower at a Sadie Hawkins. Grievously out-of-it.

Hopkins, J., ... as in "Hop-to-it", ?
Thinking not so much.​

 

[Seattle1]

From the proceeding provided below, we learned that the Court had not yet received the defendant's report for his GPS device monitoring (but Hopkins was sure to put it on the record that Morphew's reporting history indicates he typically complies long before the due date.... ).

The Defense Team was given multiple opportunities to address/update the Court with any status information, and they remained silent on the 3/6/26 Motion to Withdraw by the Office of Public Defender, and any other related Defense Motion unknown/unavailable to the Public, resulting in the 3/9/26 Order by the Court re. APPOINTMENT OF COUNSEL AT STATE EXPENSE OTHER THAN THE PUBLIC DEFENDER [i.e., ADC Appointment].

IMO, ignoring the opportunity to be transparent here was intentional, just as withholding the related Motions from the Public's link to Court Docs.

Instead, the Court gave the floor to the Attorney for the Intervenors, where as a matter of law, there should be no standing, and similarly to the Court's October 2022 Order, there is no basis to return evidence being lawfully held for future prosecution. (SM's remains were obtained under a valid search warrant). MOO

Also, after the case against BM was dismissed without prejudice, I recall the Motion by Morphew to return about 97 pieces of his property was denied by Judge Stephen Groome in October 2022.

During the Motions hearing, IE argued that her client is presumed innocent, and that the prosecution was keeping his property without a legal basis, a violation of Morphew's Constitutional rights!

Ultimately, Judge Groome found that the search warrant previously issued was valid and that the evidence is being lawfully held for potential future prosecution.

[..]

10/25/22 Judge denies motion to return property to Barry Morhphew

^^rsbm

Barry Morphew - Status Conference - March 9, 2026​

 

[Seattle1]

Vinnie made the cut...

https://twitter.com/x/status/2032097432226423186

 

[katydid23]

Intervenors' response is more rubbish!

Guess they forgot about their intent to 'scatter SM' in Florida!

JMO

It's hard to even read this BS.

 

[katydid23]

pleased to see my favourite retired FBI agent, Jonathan "Jonny" Grusing, on the list of witnesses for the state… bet BM is less happy
moo

IF ANYONE can get the jury to understand who Barry really is, it is Agent Grusing, a Hall of Famer. IMO

 

[Tragg]

Morphew's attorneys have been appointed in compliance with all applicable laws and procedures and there is no grounds to defame them, the Public Defender, the ADC, or the judge as biased in favor of Morphew.

Alternative Defense Counsel is a state agency that uses both employee attorneys and contract attorneys to represent clients that both the PD and the trial judge have determined - based on the defendant's application - to be indigent.

The court also determined, based on the public defender's motion, that a persistent conflict of interest disqualified that office and that alternative defense counsel must be appointed in accordance with law and procedure. We are not entitled to know the nature of the conflict, but if that is a problem it is a problem with the rules, not grounds to impugn the personal integrity of either the PD, the ADC or the judge.

Fisher-Byrialsen and Beller are contract attorneys with ADC, eligible for appointment to represent Morphew as an indigent client.

Since his initial arrest, Morphew has been represented by prominent members of the Colorado defense bar who are intimately familiar with the public defender and the ADC, and the processes for receiving court appointments. It made eminent sense for FB to volunteer to represent Morphew in the new murder case - and for the court to appoint her as ADC with the agency's support - as she has been intimately familiar with the evidence for years and is eminently qualified. It also made sense that she would ask her highly qualified friend DB to join her. There is nothing illegal or nefarious about any of this.

Bitter allegations of corruption by those of us who are desperate to see Morphew convicted are perhaps understandable but nonetheless wrongheaded IMO. One may justly observe that Morphew's wealth enabled him in the first case to hire Eytan & Nielsen, who initially called their friend FB to do the civil side, and that an indigent defendant would not have an established attorney client relationship with such expensive counsel. C'est la vie.

Those who suspect that JFB and DB are getting rich off the Colorado taxpayer when they serve as should read on. As we might well expect, Colorado regulates and supervises payments to ADC contractors.

"CO Rev Stat § 21-2-105 (2024) - Contracts with attorneys and other legal services providers

(1) On and after January 1, 1997, the office of alternate defense counsel shall contract, where feasible, without prior approval of the court, for the provision of attorney services for cases described in section 21-2-103 (1). To provide for adequate legal representation of persons who are indigent, the office of alternate defense counsel may contract, where feasible, without prior approval of the court, for the provision of necessary legal services commensurate with those available to persons who are not indigent for cases described in section 21-1-103 (1). The office of alternate defense counsel shall establish, where feasible, a list of approved contract attorneys to serve as counsel and a list of approved legal services providers to provide services in such cases. As a condition of placement on the approved list, the contracting attorney or legal services provider shall agree to provide services based on the terms to be established in a contract, at either a fixed fee established by the office of alternate defense counsel or the hourly rate for reimbursement set by the supreme court. Terms of the contract must be negotiated between the alternate defense counsel and the contract attorney or legal services provider. Contracts made pursuant to this section must specify that the services must be provided subject to the Colorado rules of professional conduct.

(2)(a) Contracts made pursuant to this section must provide for reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed and paid from state funds appropriated therefor. The office of alternate defense counsel shall review the bills submitted for reimbursement by any contractor and may approve or deny the payment of such bills in whole or in part based on the terms set forth in the contract negotiated between the alternate defense counsel and the contractor.
(b) The rate contracted for attorney time pursuant to subsection (2)(a) of this section for fiscal year 2023-24 is one hundred dollars per hour for cases involving a type B felony as referenced in attachment D to chief justice directive 04-04 and as modified by the gradations found in attachment D to chief justice directive 04-04. That hourly rate must be increased annually by no more than five dollars each year until the hourly rate is at least seventy-five percent of the rate set pursuant to the federal "Criminal Justice Act Revision of 1986", 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court. That hourly rate may be adjusted in subsequent fiscal years to maintain the hourly rate at or above seventy-five percent of the rate set pursuant to the federal "Criminal Justice Act Revision of 1986", 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court.
(3) Colorado relies primarily on an independent contractor model of legal representation for court-appointed adult and youth representation in accordance with this section when the public defender's office has a legal conflict of interest. While the office of the alternate defense counsel provides some legal representation for indigent individuals on some cases through state employees and will continue to explore the use of state employee staff model solutions where feasible, Colorado's need for conflict-free indigent defense counsel cannot be filled or provided statewide by direct employees of the office of the alternate defense counsel. For the purpose of determining eligibility for federal public service loan forgiveness, any independent contractor, including, but not limited to, a resource advocate, an investigator, a case assistant, an attorney, a social worker, a paralegal, or a legal researcher, who is currently providing or has previously provided legal services or services through an interdisciplinary legal team has a conflict in providing these services as a state employee. The director of the office of the alternate defense counsel or the director's designee is authorized to sign a certification for any current or past independent contractor that certifies that the contractor appears to be eligible for federal public service loan forgiveness as allowed by federal law or regulations. With the authorization of an independent contractor, the director of the office of the alternate defense counsel or the director's designee may share information, including the contractor's name, social security number or federal employer identification number, and the total number of hours billed by the contractor by calendar year, with other independent judicial agencies for the purpose of certifying apparent past, current, and future eligibility for public service loan forgiveness allowed by federal law or regulations."

All MOO

 

[Megnut]

Morphew's attorneys have been appointed in compliance with all applicable laws and procedures and there is no grounds to defame them, the Public Defender, the ADC, or the judge as biased in favor of Morphew.

Alternative Defense Counsel is a state agency that uses both employee attorneys and contract attorneys to represent clients that both the PD and the trial judge have determined - based on the defendant's application - to be indigent.

The court also determined, based on the public defender's motion, that a persistent conflict of interest disqualified that office and that alternative defense counsel must be appointed in accordance with law and procedure. We are not entitled to know the nature of the conflict, but if that is a problem it is a problem with the rules, not grounds to impugn the personal integrity of either the PD, the ADC or the judge.

Fisher-Byrialsen and Beller are contract attorneys with ADC, eligible for appointment to represent Morphew as an indigent client.

Since his initial arrest, Morphew has been represented by prominent members of the Colorado defense bar who are intimately familiar with the public defender and the ADC, and the processes for receiving court appointments. It made eminent sense for FB to volunteer to represent Morphew in the new murder case - and for the court to appoint her as ADC with the agency's support - as she has been intimately familiar with the evidence for years and is eminently qualified. It also made sense that she would ask her highly qualified friend DB to join her. There is nothing illegal or nefarious about any of this.

Bitter allegations of corruption by those of us who are desperate to see Morphew convicted are perhaps understandable but nonetheless wrongheaded IMO. One may justly observe that Morphew's wealth enabled him in the first case to hire Eytan & Nielsen, who initially called their friend FB to do the civil side, and that an indigent defendant would not have an established attorney client relationship with such expensive counsel. C'est la vie.

Those who suspect that JFB and DB are getting rich off the Colorado taxpayer when they serve as should read on. As we might well expect, Colorado regulates and supervises payments to ADC contractors.

"CO Rev Stat § 21-2-105 (2024) - Contracts with attorneys and other legal services providers

(1) On and after January 1, 1997, the office of alternate defense counsel shall contract, where feasible, without prior approval of the court, for the provision of attorney services for cases described in section 21-2-103 (1). To provide for adequate legal representation of persons who are indigent, the office of alternate defense counsel may contract, where feasible, without prior approval of the court, for the provision of necessary legal services commensurate with those available to persons who are not indigent for cases described in section 21-1-103 (1). The office of alternate defense counsel shall establish, where feasible, a list of approved contract attorneys to serve as counsel and a list of approved legal services providers to provide services in such cases. As a condition of placement on the approved list, the contracting attorney or legal services provider shall agree to provide services based on the terms to be established in a contract, at either a fixed fee established by the office of alternate defense counsel or the hourly rate for reimbursement set by the supreme court. Terms of the contract must be negotiated between the alternate defense counsel and the contract attorney or legal services provider. Contracts made pursuant to this section must specify that the services must be provided subject to the Colorado rules of professional conduct.

(2)(a) Contracts made pursuant to this section must provide for reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed and paid from state funds appropriated therefor. The office of alternate defense counsel shall review the bills submitted for reimbursement by any contractor and may approve or deny the payment of such bills in whole or in part based on the terms set forth in the contract negotiated between the alternate defense counsel and the contractor.
(b) The rate contracted for attorney time pursuant to subsection (2)(a) of this section for fiscal year 2023-24 is one hundred dollars per hour for cases involving a type B felony as referenced in attachment D to chief justice directive 04-04 and as modified by the gradations found in attachment D to chief justice directive 04-04. That hourly rate must be increased annually by no more than five dollars each year until the hourly rate is at least seventy-five percent of the rate set pursuant to the federal "Criminal Justice Act Revision of 1986", 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court. That hourly rate may be adjusted in subsequent fiscal years to maintain the hourly rate at or above seventy-five percent of the rate set pursuant to the federal "Criminal Justice Act Revision of 1986", 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court.
(3) Colorado relies primarily on an independent contractor model of legal representation for court-appointed adult and youth representation in accordance with this section when the public defender's office has a legal conflict of interest. While the office of the alternate defense counsel provides some legal representation for indigent individuals on some cases through state employees and will continue to explore the use of state employee staff model solutions where feasible, Colorado's need for conflict-free indigent defense counsel cannot be filled or provided statewide by direct employees of the office of the alternate defense counsel. For the purpose of determining eligibility for federal public service loan forgiveness, any independent contractor, including, but not limited to, a resource advocate, an investigator, a case assistant, an attorney, a social worker, a paralegal, or a legal researcher, who is currently providing or has previously provided legal services or services through an interdisciplinary legal team has a conflict in providing these services as a state employee. The director of the office of the alternate defense counsel or the director's designee is authorized to sign a certification for any current or past independent contractor that certifies that the contractor appears to be eligible for federal public service loan forgiveness as allowed by federal law or regulations. With the authorization of an independent contractor, the director of the office of the alternate defense counsel or the director's designee may share information, including the contractor's name, social security number or federal employer identification number, and the total number of hours billed by the contractor by calendar year, with other independent judicial agencies for the purpose of certifying apparent past, current, and future eligibility for public service loan forgiveness allowed by federal law or regulations."

All MOO

Doesn't it remain true, however, they BM side-stepped the system by getting his attorneys of note? Had just enough money to retain them, now gets to keep them, on the State's payroll as PDs? A favor/advantage.

Particularly steaming, that there's a clear record of him moving money out of his name in order to appear indigent.

JMO