Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #100 *Case dismissed w/o Prejudice*

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  • #261
“So should the defendant go free since he can hire the best? Even if he murdered his wife?
I think I know your answer.”

A rhetorical question. Another rhetorical question:

Should we give our government the power to arrest citizens, accuse them of serious crimes, put them in jail for the rest of their lives when said governments team can’t even organize and argue their way out of a paper bag?
The DA in the Watts case was great. The one on Gannon Stauch's case is good. So many District attorneys are great. They are dedicated LE.
 
  • #262
This is the first case I've followed, and I refuse to give up hope that Barry will be judged by 12 of his peers and found guilty, I don't understand most of the legal language, not great with subtle nuance either :) but I feel most reasonable people will see the woods for trees. Barry places himself with Suzanne, in the time frame she literally disappears off the face of the earth never to be heard of again, never to be seen alive again - no matter how many motions and smoke bombs defence throw - give me 1 plausible reason for this to occur other than someone disappeared her, and that someone is Barry L. Morphew.
I don't like the courtroom games, truly don't care about Barry's rights - in my eyes, he lost those when he denied Suzanne her basic Human Right to live a life free from abuse and harm, when he robbed their daughters of their mother, robbed friends and family of Suzanne's living presence in their lives - because she found strength and courage to make a stand and say what she wanted, because she said enough is enough and because she realised she deserved better than him, but if for some crazy and infuriating reason Barry does somehow end up not behind bars, he can't erase the fact that his name and face are all over the Internet, anyone searches his name there his face will be, along with his alledged crime, those documents all made public, the arrest affidavit available to read, his sleazy dinner table conversations, his fake video plea, his shiny veneers, his trash loving girlfriend, his cruel alibi of shooting chipmunks, his character assassination of his employees and so on.

Jmho

Perhaps (if acquitted) bm will become prey.
EBM MOO
 
  • #263
Barry...........
bur·y
/ˈberē/


verb
  1. 1.
    put or hide under ground.
    "he buried the box in the back garden"
  2. 2.
    completely cover; cause to disappear or become inconspicuous.
    "the countryside has been buried under layers of concrete"




    Ooops, sorry, that's Mr. Morphew, my bad.
    Makes Sense now.
 
  • #264
Reminder that Barry is in court Tuesday morning, at 9:00 local.

C06D191F-6EDB-4EF4-A55A-E48C4C0C67FA.jpeg
 
  • #265
I haven’t seen or heard anything about claims of BM’s rights being violated regarding Miranda.
In the Redwine trial the Defense filed many many Motions claiming that LE interviews should be suppressed, but the Court ruled that Miranda only applies if the subject is in custody and told they are not free to leave.
I believe this would also apply here to BM’s interviews and statements to LE.
JMO

https://www.courts.state.co.us/userfiles/file/Court_Probation/06th_Judicial_District/La_Plata/Redwine/Order Regarding the Motions to Suppress Statements of Defendant to Law Enforcement and Agents of Law Enforcement and D-55 Through D-81.pdf


YES, the defense in Redwine's trial did a similar barrage of Motions to Suppress, much like we saw here in this case. Mark Redwine is locked away forever right now, inspire of their attempts to suppress evidence.

Colorado Judicial Branch - La Plata - Cases of Interest - PEOPLE OF THE STATE OF COLORADO v. MARK REDWINE - VOLUME II



11/20/2018 - PEOPLE'S RESPONSE TO [D-77] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND TONYA GOLBRICHT ON JULY 15, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-76] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND BRANDON DYER ON MAY 30, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-75] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND DEPUTY GABBARD ON MAY 22, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-74] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON ON JUNE 7, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-73] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON AND OTHER LAW ENFORCEMENT ON JANUARY 15, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-72] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON AND OTHER LAW ENFORCEMENT ON JANUARY 8, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-71] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON, TOM COWING, INVESTIGATOR BROWN AND OTHER LAW ENFORCEMENT ON DECEMBER 6, 2012

11/20/2018 - PEOPLE'S RESPONSE TO [D-70] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON ON NOVEMBER 30, 2012

11/20/2018 - PEOPLE'S RESPONSE TO [D-69] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON, JONATHAN GRUSING, AND OTHER LAW ENFORCEMENT ON NOVEMBER 28, 2012


11/20/2018 - PEOPLE'S RESPONSE TO [D-68] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON, JONATHAN GRUSING, AGENT HUMPHREY AND OTHER LAW ENFORCEMENT ON NOVEMBER 27, 2012

11/20/2018 - PEOPLE'S RESPONSE TO [D-67] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON, JONATHAN GRUSING AND OTHER LAW ENFORCEMENT ON NOVEMBER 26, 2012

11/20/2019 - PEOPLE'S RESPONSE TO [D-66] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY DAN PATTERSON, TOM COWING, BARRETT POTHOFF ON NOVEMBER 20, 2012

11/20/2018 - PEOPLE'S RESPONSE TO [D-65] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING ON AUGUST 5, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-64] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY JIM BYRNE AND PEGGY RUSSIN ON JULY 29, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-63] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY JIM BYRNE, TOM COWING AND TONYA GOLBRICHT ON JULY 1, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-62] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND JOE GABBARD ON JUNE 29, 2013

11/20/2018 - PEOPLE'S RESPONSE TO [D-61] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND BRANDON DYER ON MAY 29, 2013,

11/20/2018 - PEOPLE'S RESPONSE TO [D-60] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY LARRY BACKER AND TONYA GOLBRICHT ON NOVEMBER 21, 2012,

11/20/2018 - Motion of the Innocence Project for Leave to File Amicus Curiae Brief in Support of Defendant

11/19/2018 - PEOPLE'S RESPONSE TO [D-59] MOTION TO SUPPRESS STATEMENTS OF MARK REDWINE OBTAINED BY TOM COWING AND JOE GABBARD ON APRIL 24, 2013



This^^^ is just a very tiny sliver of all of their suppression and discovery orders in that trial. They were Busy Bee's, much like Barry's defense.
 
  • #266
Sorry - but this is a bit long - I shall shorten it up a bit! It's been a while since he was in court last. :)

Tuesday, April 19th:
*Pretrial Readiness Conference Hearing (@ 9am MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. (BM is charged with murder and DV enhanced because Colorado does not provide for DV as an independent charge). The possession of a dangerous weapon (short rifle) charge has been severed from other charges. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial set to begin on 4/28/22 (@ 8am) with jury selection for 2 days & Omni (Skreck) hearing on 4/29/22 & Voir dire begins on 5/2/22 & hope to have jury seated by 5/6/22 & trial begins on 5/9/22 thru 6/3/22 (no trial on 5/30) & was moved from Chaffee County to Fremont County in Cañon City.
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
Felony forgery charges will be addressed after murder trial.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 3/15/22 reference post #951 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #97

3/16/22: Order re: [D-53] Motion for discovery & ongoing full disclosure of any records, materials or investigation of prospective jurors. Conclusion: The Court finds the People must turn over the materials requested unless it falls under the umbrella of work product. Therefore, to the extent the People are generating criminal histories or compiling data about prospective jurors' prior service, it must be disclosed. Any issues related to whether materials are considered work product should be resolved between the parties. Court: defendant's [D-53] is granted in part & denied in part. Another motion filed this month, suggests there also being a fourth CODIS hit connected to DNA found on the glovebox of Suzanne’s Range Rover. The three CODIS hits previously mentioned in court have connections to Arizona & Illinois but have been ruled out according to the prosecution. The court documents reveal the fourth CODIS hit is linked to Maryland & was allegedly not produced to the defense. This Maryland CODIS hit remains unresolved, according to the motion filed by the defense. Morphew’s attorneys allege the prosecution has violated multiple discovery sanctions. They claim the prosecution has recently produced additional evidence that should have been produced months ago, showing a pattern of continuing violations. Motions (Shreck) hearing on 3/30/22.
3/23/22: Defense's motion [D-62 (d)]: Motion to strike witnesses who have been mis-labeled as lay witnesses but from whom the prosecution intends to elicit expert testimony or evidence that derives from expert work & analysis.
3/30/22 Update: Prosecution has a new attorney on the team Grant Grosgebauer from Arapahoe DA Office. Watched body cam video of K9 arriving on scene near Suzanne's bike; K9 could not find a scent of Suzanne near bike scene on May 10. Judge ruled a Veterinarian expected to testify about tranquilizer material, how it affects animals won’t be allowed to testify as an expert. Prosecution wanted a K9 handler to not testify in trial after learning today he made a report but didn’t disclose. Lisa Wolf: CPW expert on tranquilizer darts & serum & Doug Spence: a K-9 handler who assisted in the search for Suzanne. Judge denies defense motion D-70 so CBI Agent Caitlin Rogers will testify about DNA. Needle sheath cap found in the dryer will still be presented in trial, court is excluding testimony from veterinarian. Tranquilizer gun is operable with duct tape, not operable how it was found. One of the expert witnesses the defense wants to strike is a forensic nurse who looked at photos of Morphew's scratches on his arms/hand, but did not meet examine Morphew in person. That will be determined on April 29. Defense asked for sanctions including a dismissal and/or for the prosecution to pay restitution for preparations for today’s hearing. Judge denied both requests. Prosecutors admitted they did not know there was a K-9 report & they themselves decided to dismiss the witness. Following the motion hearing 12 of the 14 possible expert witnesses against Morphew are no longer allowed to testify. One of the expert witnesses the defense wants to strike is a forensic nurse, Christine Foote-Lucero who looked at photos of Morphew's scratches on his arms/hand, but did not meet examine Morphew in person. That will be determined on 4/29/22 motions hearing. Shreck hearing set for 4/29/22. Next pretrial readiness conference hearing on 4/19/22.
4/1/22: Deputy District Attorney Grant Grosgebauer filed a motion April 1 asking the judge to reconsider allowing the crucial expert testimony. In a pleading the prosecution told the judge that if he doesn't reconsider & allow this testimony, their case will be so crippled, the sanctions would be "... and amount to dismissal, with the defendant suffering a complete windfall." On Tuesday 4/5/22, prosecutor Mark Hurlbert filed a motion asking Lama to exclude any mention of mixed DNA profiles which were found on the glovebox of the Range Rover & not to allow testimony about alternate suspects during trial. He also asked the court not to go into inappropriate character evidence of Suzanne, including any mention of alleged prescription drugs she took because this would be based entirely on speculation. Judge Lama has yet to rule on these issues.
4/8/22: Order Re: [D-17] Defendant's renewed Motion for Discovery & Contempt Sanctions & forthwith hearing; [D-17A] Supplement; [D-17B] Supplement;[D-17C] Supplement & [D-17D] Supplement. Concludes as follows:
1. The Court finds a continuing pattern by the People of an inability & failure to comply with its Rule 16 obligations as well as the Court’s case management orders; 2. The Court finds the People’s actions amount to negligent & arguably, reckless disregard for their Rule 16 obligations & duty to abide by court orders; 3. The Court does not find, based upon the record, the People’s actions amount to willfulness; 4. Defense requests the following sanctions: dismiss the case; reduce the charges; set a reasonable bond (i.e., reduce the current bond); and reimbursement of attorney fees & costs for time & expense incurred; 5. The Court finds the following as it relates to a request for sanctions:
a. On March 10, 2022, the Court sanctioned the People for their continued violations related to expert disclosures & excluded numerous experts as a result. The Court excluded the following prosecution experts: i. Megan Duge, Andrew McDermott, Kevin Hoyland (excluded the witnesses as expert witnesses);
ii. James Stevens, Kenneth Hicks, Alex Walker, Andy Rohrich, Jonathan Grusing, Derek Graham, Ken Harris (not permitted to provide expert testimony; free to provide lay opinions); and
iii. Caitlin Rogers (may provide expert testimony, but restricted to the four corners of her current report);
b. On March 30, 2022, the Court excluded another proffered expert witness (Mr. Doug Spence) albeit based upon the stipulation of the People;
c. These sanctions on March 10 & 30, 2022, effectively excluded 11 out of 16 of the People’s endorsed expert witnesses. Three additional experts were excluded on other grounds. The Court finds the exclusion of these witnesses amounts to a significant sanction, but one that was warranted based upon the record;
d. Considering the witnesses this Court has already excluded as a sanction for the People’s discovery violations, the Court does not find a reduction of the charges to be an appropriate remedy. The Court is also mindful that the defense is now in possession of exculpatory information, which cures much of the prejudice;
e. Because the Court did not find willfulness on the part of the People, dismissal of the case is beyond this Court’s discretion (denied);
f. The Court does not find reducing Mr. Morphew’s bond is an appropriate sanction;
g. [D-17c] regarding the IA file is denied relating to any request for sanctions as the People did not have constructive possession of the file;
h. [D-17d] regarding the Range Rover data is denied, but the Court does find the People failed, yet again, to comply with the Court’s disclosure deadline related to the data;
i. As to the motivation behind removing Agent Cahill from the case, the Court does not find a discovery violation, however, the defense is free to inquire about it at trial before the jury.
6. The Court concludes additional sanctions are not appropriate at this time. However, this Order will serve as the baseline for future orders related to discovery violations.
4/8/22: People's motion to strike defendant's expert witnesses Dr. Richard Leo, Dr. Scott Minor, John Wilson, Matthew Erickson &Dr. Phillip Danielson (DNA).

4/11/22 Update: The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland & Stevens. The motion reads, "These experts & their testimony are critical to the People's case." In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement & the ultimate cover up he perpetrated the day after & in the following months." The defense team's response to the court states, "The facts in this case are insufficient to reach a murder conviction & the stricken experts do nothing more than bolster uncorroborated theories & hunches the prosecution would like the jury to adopt in what would be a specious & wrongful conviction."
 
  • #267
Lets not give up the ghost just yet....As I have alluded to several times before (because I think this is where BM is hooked)...that 14 1/2 hours "with Suzanne" from 2:47pm Saturday until 4:30am on Sunday is inescapable. Barry claims to have put the phones on dark mode so that their romance wouldn't be bothered. However, Suzanne was an active participant in a wedding the following day and her communication was required. Also, two daughters are on a camping outing out of state. What parent would not keep the lines of communication open for them? The smell test registers "Fail". I believe a reasonable jury will see it that way also...when combined with other evidence during that time...both electronic, and Barry's own words.

I am not giving up the ghost - just not getting so invested in endless pre-trial evidentiary motions.

We know BM is guilty, and we'll soon know the final shape of the trial.

My main interest was to understand the detail of the telemetrics and location evidence. If that is not being presented, its not clear how the trial will go beyond what we already know (which is still enough to convict)
 
  • #268
Has Busy B ever had a Better Business Bureau business? One you could find in the White Pages? One you could vet online?

In Colorado, it doesn't seem like he ever incorporated, anywhere but on paper maybe. He must have -- if he was able collect pandemic funds.

He seemed to pick up work through other channels. As a subcontractor. And then sub-subbing that out to day laborers.

If he still has real businesspeople willing to sub out to him, I imagine the project owners don't ever know his name. It's like he'd barried in the paperwork.

Stealth Bobcat for hire.

JMO
 
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  • #269
In my view, we must always care about everyone's rights. And the system is designed to do that - so I hope you are not disappointed in the outcome.

I think the majority of us agree that Suzanne was trying to get away, because her life was empty and someone else (JL) was making her feel like living, like going on.

If there is one juror who is on Barry's side, I hope we can all find our way to closure by knowing that Barry's life is ruined - but personally, I'd like to see every penny he has drained from him before this is over. $500,000 has already been spent, IMO. A trial costs a lot of hours.

Most people will never read the legal documents - and Barry knows that. If he does get off in this trial, I do wonder what the heck he will do next. He needs supporters/backers to get started again - and unfortunately, I believe he may have those.

We don't like him, but some people do.
Add to this the fact that BM's daughters are "growing up". They may over time accept reality and choose to separate themselves from him...with the view that their "obligation" of support is over, since he is a free man. Certainly their future spouses may have a point of view which could alienate BM as well. "Freedom" will be a strange partner for Barry Morphew, if he is fortunate enough to acquire it. He will be an outcast. I for one, however, doubt that he will be that outcast. He will be "Inmate #_______" in the Colorado State Penitentiary.
 
  • #270
The DA in the Watts case was great. The one on Gannon Stauch's case is good. So many District attorneys are great. They are dedicated LE.
The DA can only work with evidence from LE. Watts had a confession. I didn't follow the Stauch case. In this case we have a seasoned FBI investigator with over 30 hours seemingly "friendly" conversations with Barry Morphew. He was never pressed. He was never interrogated. Some posters believe that was a good strategy. I don't. After Barry stated he was with his wife all night Sat., then he woke up and got Ready for a made up Broomfield fake alibi for the wrong day, then goes to Broomfield and doesn't work on the job his "steak" should have been cooked with a proper interrogation.
 
  • #271
Reminder that Barry is in court Tuesday morning, at 9:00 local.

View attachment 340352
Another court date I can't watch, listen, or read a transcript. I guess I'll wait for Lauren to read her "notes" on YouTube in a few days.

Question. I live in Colorado and am interested in attending a few days of this trial. Am I allowed to attend?
 
  • #272
Another court date I can't watch, listen, or read a transcript. I guess I'll wait for Lauren to read her "notes" on YouTube in a few days.

Question. I live in Colorado and am interested in attending a few days of this trial. Am I allowed to attend?

They should have some seats for public - and if you go - take good notes! :D
 
  • #273
“So should the defendant go free since he can hire the best? Even if he murdered his wife?
I think I know your answer.”

A rhetorical question. Another rhetorical question:

Should we give our government the power to arrest citizens, accuse them of serious crimes, put them in jail for the rest of their lives when said governments team can’t even organize and argue their way out of a paper bag?

As to your rhetorical question. Watch the news. It is already happening every.single.day.
Corrupt attorneys. Corrupt judges. Cannot say that often enough.

So maybe the family of a victim should be able to hang the accused in the public square and leave the lawyers and judges at home.

Sadly, for the person without financial means, it would be about as fair.
 
  • #274
  • #275
  • #276
Shelly Bradbury
@ShellyBradbury


BREAKING: DA Linda Stanley files a motion to dismiss in the murder case against Barry Morphew, charged with killing his wife in Chaffee County in 2020. Court is taking a 15 min recess to consider the motion.
@denverpost
 
  • #277
Shelly Bradbury
@ShellyBradbury


There are no phones or electronics allowed in the courtroom and I'm headed back in, so I'll update with more info as soon as I can.
 
  • #278
Shelly Bradbury@ShellyBradbury

Morphew's defense team appeared to find out about the motion this morning. Morphew hugged his daughters and became emotional just before the start of a 9 a.m. hearing. This motion comes after the judge excluded 12 of 14 prosecution expert witnesses as a sanction against DA
 
  • #279
@CarolAMcKinley

BREAKING:After months of uncertainty, unexplained DNA, the dismissal of most of 16 expert witness, two judges, and a change of venue, prosecutors have filed a motion to dismiss the high profile case Tuesday morning just 15 minutes before the motion started.The judge is reviewing.

8:13 AM · Apr 19, 2022
 
  • #280
I am walking the eff away for a bit.
 
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