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

[crhedBngr]

Excellent news -- chalk one up for the chipmunks!

Hoping this adds a bit of momentum to the upcoming trial.

RBBM

They'll be raiding his peanut butter stash in celebration.

JMVHO.

 

[crhedBngr]

Out of that list I think I'm most interested in what Shoshana D., George D., Tyson D. & Jeff L. have to say.
In that order.

And I agree, I think BM should be very afraid.

jmo

THIS^^^^

 

[FromGermany1]

BM's behavior will be interesting, when his "rival" Jeff L. is called as a witness ......

 

[Kemug]

I can't help feeling a bit sorry for Jeff, what were the odds?

 

[K9Enzo]

I don't feel sorry for JL at all.

He's not on trial but I would like to ask him : you were in active contact with SM right before she disappeared. Why didn’t you contact LE immediately? She goes missing, and he stayed silent while her missing person case makes national news....for months.

He took it upon himself to decide his information didn't matter, it wasn't critical (regardless if it could have saved her life or not). He also can't be suddenly afraid of BM, and not before when the relationship was being concealed (imo) IIRC FBI digital evidence finally revealed who he was.

I wonder if obstruction charges were considered...if it would even apply. IMO

 

[dkaras]

I don't feel sorry for JL at all.

He's not on trial but I would like to ask him : you were in active contact with SM right before she disappeared. Why didn’t you contact LE immediately? She goes missing, and he stayed silent while her missing person case makes national news....for months.

He took it upon himself to decide his information didn't matter, it wasn't critical (regardless if it could have saved her life or not). He also can't be suddenly afraid of BM, and not before when the relationship was being concealed (imo) IIRC FBI digital evidence finally revealed who he was.

I wonder if obstruction charges were considered...if it would even apply. IMO

I don't feel sorry for him either! I never thought of obstruction or any other kind of charges, not sure if they would apply, but I kind of wish it would happen. Who knows what could have happened much sooner if he would have come forward and admitted to the affair and told everything he knew. There might have been evidence still available. Instead he chose to keep his secret because he is a coward. IMO.

 

[Seattle1]

I don't feel sorry for JL at all.

He's not on trial but I would like to ask him : you were in active contact with SM right before she disappeared. Why didn’t you contact LE immediately? She goes missing, and he stayed silent while her missing person case makes national news....for months.

He took it upon himself to decide his information didn't matter, it wasn't critical (regardless if it could have saved her life or not). He also can't be suddenly afraid of BM, and not before when the relationship was being concealed (imo) IIRC FBI digital evidence finally revealed who he was.

I wonder if obstruction charges were considered...if it would even apply. IMO

I recall these questions in 2020.

It's not illegal to remain silent-- every person has this Constitutional right, and JL showed the world he's morally bankrupt. However, JL did cooperate with investigators once he was contacted by FBI. If JL lied to investigators, withheld evidence, etc., only then would he be subject to criminal charges. I recall JL was interviewed as a POI and had to provide evidence that he was in MI-- building a dock when Barry disappeared SM.

 

[Love Never Fails]

I don't feel sorry for JL at all.

He's not on trial but I would like to ask him : you were in active contact with SM right before she disappeared. Why didn’t you contact LE immediately? She goes missing, and he stayed silent while her missing person case makes national news....for months.

He took it upon himself to decide his information didn't matter, it wasn't critical (regardless if it could have saved her life or not). He also can't be suddenly afraid of BM, and not before when the relationship was being concealed (imo) IIRC FBI digital evidence finally revealed who he was.

I wonder if obstruction charges were considered...if it would even apply. IMO

Oh he knew it mattered. His wife and family mattered more. Typical attitude for those in affairs. Very sad though.

 

[Megnut]

If he genuinely cared about Suzanne, he should have gotten out in front of it. With LE and his own family. He'd been outed once before at home so it wouldn't have been a shocking confession and he could have requested a wellness check. He knew what Suzanne feared, he knew she was trying to push the conversation with BM.

Just think how a simple wellness check at 8 PM or 8 AM would have changed how the last six years have played out.

Sometimes doing nothing isn't a neutral. It's the worst thing a person can do.

JMO

 

[Tragg]

Please note that Zanzberg notes that CRCrP Rule 55.1 falls short of the standard he would prefer:

"...Colorado’s newly adopted rule falls short of the Press-Enterprise standard in some significant respects (the governmental interest supporting sealing need not be a “compelling” one or “of the highest order,” and appellate review of any suppression order will presumably be for “abuse of discretion,” not de novo)..."

CRCrP 55.1

IIRC Judge Murphy initially sealed all records pertaining to the extensive and deeply flawed (IMO) Morphew arrest affidavit to give both sides a chance to review it in light of initial discovery, and to allow for resolution of any fair trial issues that might arise from its release. He defended this decision on the grounds that the public interest in fairness of criminal proceedings outweighed the interest in immediate access. He released these documents after that process was completed.

There was nothing wrong with the decision: the press didn't even file an appeal.

 

[Smelly Squirrel]

More filings dated April 13 have appeared on the court's site. I'm posting links to all the documents filed that day in order they were filed, since the defense numbers their pleadings in order. They filed D-011 through D-041 on April 13. The last one was filed at 11:57 PM, just in time to make the April 13 deadline for motions. However, that last motion also says the judge rescinded the April 13 deadline, so they may (will) be filing more motions. The motions hearing will still begin July 7.

Want to comment on two of the motions.

D-040 Motion to Exclude Out of Court Statements Attributed to Suzanne Morphew.pdf (PDF, 598.94 KB)

They are ways to get deceased person's statements in, this shouldn't be a problem.

D-039 Motion to Exclude Comments or Beliefs Morphew Looked or Looks Guilty.pdf (PDF, 605.27 KB)

This one just has a funny title. Like, it's okay, nobody needs to testify to that, the videos of BM are guilty looking enough all on their own.

People of the State of Colorado v Barry Morphew | Colorado Judicial Branch

www.coloradojudicial.gov

D-011 MOTION FOR NOTICE OF THE PROSECUTION’S INTENTION TO.pdf (PDF, 141.10 KB)

D-012 Motion to Clarify Court Order re Notice of Intent to Introduce Character Evidence.docx (MS Word, 24.03 KB)

D-013 Motion for Notice and Opportunity to Respond Prior to Any Consumptive Testing.pdf (PDF, 130.25 KB)

D-014 Motion for Discovery - Impeaching Information.pdf (PDF, 152.88 KB)

D-015 Motion for Discovery - Preservation of Material for Testing.pdf (PDF, 142.79 KB)

D-016 Motion for Witness Statements Made to the Prosecution.pdf (PDF, 103.13 KB)

D-017 Motion to Require Notice of Statements By Mr. Morphew That the Prosecution Seek to Introduce at Trial.pdf (PDF, 158.62 KB)

D-018 Request for In-Person Trial Testimony of Laboratory Employees and Technicians Pursuant to CRS 16-3-309(5).pdf (PDF, 108.59 KB)

D-019 Motion to Required the Prosecution to Provide a Good Faith Witness List with Order of Witnesses.pdf (PDF, 108.94 KB)

D-020 Motion to Supplement this Court's Omnibus Order Regarding Expert Witness Disclosures.pdf (PDF, 101.19 KB)

D-021 Motion to Exclude From Pretrial Court Proceedings Persons Who May be Witnesses at Trial or at Any Motion Hearing.pdf (PDF, 118.48 KB)

D-022 Motion for Court Order Requiring the Prosecution to Respond to All Defense Motions in Writing.pdf (PDF, 108.64 KB)

D-023 Motion for a Court Order to Compel the Jury Commissioner to Provide a List of Prospective Jurors to Counsel Pursuant to CRS 13-71-136.pdf (PDF, 102.94 KB)

D-024 Motion that the Court (Not the Jury Commissioner) Hear and Decide Any Prospective Juror's Request to be Excused.pdf (PDF, 124.20 KB)

D-025 Motion that the Court (Not Jury Commissioner) Hear and Decide Any Prospective Juror's Claim of Excusal Based Upon Disability.pdf (PDF, 117.90 KB)

D-026 Motion for Discovery and Ongoing Full Disclosure of Any Records, Materials, or Investigation of Prospective Jurors.pdf (PDF, 151.68 KB)

D-027 Motion to Order That All Juror Service Excusals and Postponements be Made on the Record, with an Opportunity for Counsel to be Heard.pdf (PDF, 120.34 KB)

D-028 Motion for Individual Voir Dire.pdf (PDF, 139.63 KB)

D-029 Motion to Set a Jury Procedures Conference with the Jury Commissioner, Court Clerk, Court and Parties.pdf (PDF, 105.38 KB)

D-030 Motion to Order the Jury Commissioner, Clerk, Bailiff and Other Court Personnel to Preserve All Materials.pdf (PDF, 108.42 KB)

D-031 Motion for Preservation of Jury Materials Beyond the Statutory Three-Year Period.pdf (PDF, 821.76 KB)

D-032 Request for Additional Peremptory Challenges.pdf (PDF, 605.62 KB)

D-033 Request for Certain Procedures Including Instructions to Prospective Jurors.pdf (PDF, 598.36 KB)

D-034 Motion for Notice & Exclude Dual Capacity Witnesses.pdf (PDF, 875.61 KB)

D-035 Motion for Evidentiary Hearing to Exclude Summary Testimony.pdf (PDF, 606.45 KB)

D-036 Motion to Exclude Profiling Evidence.pdf (PDF, 868.91 KB)

D-037 Motion to Exclude So Called Victimology Testimony_Redacted.pdf (PDF, 1.06 MB)

D-038 Motion to Exclude Opinion Testimony.pdf (PDF, 840.65 KB)

D-039 Motion to Exclude Comments or Beliefs Morphew Looked or Looks Guilty.pdf (PDF, 605.27 KB)

D-040 Motion to Exclude Out of Court Statements Attributed to Suzanne Morphew.pdf (PDF, 598.94 KB)

D-041 Notice the Defense Will Require Additional Time in Which to File Motions.pdf (PDF, 601.09 KB)