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

[mrjitty]

A poster in the previous thread mused - what legal team doesn't get their carp together after missing one deadline, let alone two.

I'm interested in hearing opinions as to why this happened. Was it the loss of Jeff Lindsey? Is Linda Stanley not a strong leader? Was the arrest made too soon?

I think it's institutional FUBAR, no doubt combined with unprecedented times. SM was murdered in the first 6 weeks of the pandemic. In '21 came Delta. Then at the turn of the year, as the case should have been gearing up with finalising expert reports Omicron hit which in many respects was more disruptive than anything seen since March '20

Reading the Judge's valid catalogue of criticisms, i get the feeling this is a weak organisation that just wasn't up to task right now.

All that said, Cahill was obviously very poor at his job, and at the heart of the biggest problem - but it doesn't really explain why his bosses didn't fix it.

 

[Kemug]

I am just checking to see whether you have added all the red herrings into the aquarium.

The bull is kept busy providing so much manure do we need to add a couple more?

Oh yes, I added the red herrings quite some time ago. However, my memory fails me when it comes to the bulls, so we'll add a few more to be sure. PS I am seriously wondering if we should "coin a phrase" - perhaps we could instigate a world-wide change of the phrase "Bull-s..t" to "Barry-s..t"? Yes?

 

[Skigh]

Oh yes, I added the red herrings quite some time ago. However, my memory fails me when it comes to the bulls, so we'll add a few more to be sure. PS I am seriously wondering if we should "coin a phrase" - perhaps we could instigate a world-wide change of the phrase "Bull-s..t" to "Barry-s..t"? Yes?

Good idea. I am sure a few other phrases could be added/changed . Though I will not suggest any as do not wish to go on a Websleuth's vacation!

 

[jakat]

Oh yes, I added the red herrings quite some time ago. However, my memory fails me when it comes to the bulls, so we'll add a few more to be sure. PS I am seriously wondering if we should "coin a phrase" - perhaps we could instigate a world-wide change of the phrase "Bull-s..t" to "Barry-s..t"? Yes?

Make sure the bulls have a secure pen or we could have a Running of the Bulls scenario taking place in Mexico this year. If this happens, they could be in disguise looking like cows because their horns fell off.

The new coined phrase is excellent because we're being fed too much carp now. Is there room in the aquarium for the carp? Will they get along with the red herring?

 

[Kemug]

Make sure the bulls have a secure pen or we could have a Running of the Bulls scenario taking place in Mexico this year. If this happens, they could be in disguise looking like cows because their horns fell off.

The new coined phrase is excellent because we're being fed too much carp now. Is there room in the aquarium for the carp? Will they get along with the red herring?

Well, I've just added some carp, so we'll find out, won't we?!

 

[Love Never Fails]

@Love Never Fails This is what I was referring to in my OP regarding the defense going after the jury if they convict. And I do believe the jury will convict if allowed to here evidence.
UPDATE: Testimony Ends in Scott Peterson Juror Misconduct Evidentiary Hearing

Oh that’s right. Forgot about that. Sorry I misunderstood. I don’t believe Scott will ever get out. They had his lies and the bodies. And jurors do make mistakes. There were issues from the beginning.

 

[MountainDad]

@MountainDad wrote^^^

I am not sure it its that odd to have many hours of questioning and not have that alone, yield a confession. What Agent Grusing did do was lock Barry into certain timelines and locations, by which the cell and cyber experts can incriminate him. He forced Barry to keep changing stories and making up ridiculous explanations, which may ultimately convince the jury of his guilt, at trial.

I think Grusing did a masterful job and I do not agree with you that you [ or I ] could have done a better job confronting Barry. I do feel that you are underestimating his skills and experience. JMO

Barry is a textbook narcissist and it is not easy to corner them because they are slippery and weaselly because they have no moral or ethical boundaries nor a fear of bold-faced lying.

Once Grusing had the phone and truck data for Saturday night/Sunday morning that says Barry was up all night driving around and not sleeping in bed with Suzanne, Suzanne phone has no data for Sat/sun he's toast. Im curious what was that line of questioning. Why allow Barry to tell a false narrative? Was there a confrontation on facts? Why was the bike ride narrative continued for 1 1/2 years, including on this site. The heading was Chaffee County woman goes missing on bike ride, never returns! That allowed Barry to control the story. The bike ride never happened. The public was told she went on a bike ride for over a year. Once LE had info that Barry was lying, game over. Pressure him. Don't be friendly.

 

[BDAJAG]

<Excerpt, @Love Never Fails, Monday at 8:24 AM
#824, fm LNF fine and most relevant post in Thread #99>

"As far as Barry running, he would be a fugitive wanted for murder. He would get caught eventually. Maybe even after he spent all his money."

VR
C
bm​

_________________________________________

Good morning, All!

Quite unsure that I've properly coupled the matter of international extradition with the concern as to Barry doing a runner at some point ... but, "He who will not risk, cannot win!"
{merely my meagre means...}

26 English Speaking Non Extradition Countries in the World - Insider Monkey

Kindly note well [NB] the distinction in this piece btwn:

• "Non-extradition countries", and
• "No extradition countries"

 

[mrjitty]

Once Grusing had the phone and truck data for Saturday night/Sunday morning that says Barry was up all night driving around and not sleeping in bed with Suzanne, Suzanne phone has no data for Sat/sun he's toast. Im curious what was that line of questioning. Why allow Barry to tell a false narrative? Was there a confrontation on facts? Why was the bike ride narrative continued for 1 1/2 years, including on this site. The heading was Chaffee County woman goes missing on bike ride, never returns! That allowed Barry to control the story. The bike ride never happened. The public was told she went on a bike ride for over a year. Once LE had info that Barry was lying, game over. Pressure him. Don't be friendly.

The whole point is to get him to tell various lies that will be admissible in court

 

[O.Incandenza]

I think it's institutional FUBAR, no doubt combined with unprecedented times. SM was murdered in the first 6 weeks of the pandemic. In '21 came Delta. Then at the turn of the year, as the case should have been gearing up with finalising expert reports Omicron hit which in many respects was more disruptive than anything seen since March '20

Reading the Judge's valid catalogue of criticisms, i get the feeling this is a weak organisation that just wasn't up to task right now.

All that said, Cahill was obviously very poor at his job, and at the heart of the biggest problem - but it doesn't really explain why his bosses didn't fix it.

I think the investigation, even with Cahill, seems to have been pretty competent. With more time, I think it would have been even more complete.

The prosecution... well, I'll be kind and say that it hasn't been great. I don't know that we can blame it on covid. The pandemic had already been going for a year when they decided to file charges (over the objections of CBI) and start the clock. They could easily have waited, gotten all the DNA testing done, lined up experts and gotten their reports, etc before arresting Barry. And they were sloppy right from the start. Small things, but small things become big things in a high pressure case against a good and well-resourced defense team. The DA didn't know what charges they were filing when she was asked at the press conference announcing the arrest. They forgot to include the DV enhancer in the initial complaint and had to amend it an hour after filing it.

Then it started to really go off the rails at the PH IMO. They seem to have made the amateur mistake of trying to hide the ball with the CODIS hits. It's lawyering 101 that you're better off taking any potentially damaging evidence and addressing it up front. Especially when, as in this case, there's a very good explanation for why that evidence doesn't damage your case. Instead they made it look like they were trying to hide it, let the defense be the first to bring it up, and didn't have a credible witness to explain why it wasn't important. Doing it that way is likely to make a rational person assume that the DNA evidence is important and damaging to the prosecution's case, and I imagine that influenced Judge Murphy's PE/PG decision.

And now it seems like they've just completely dropped the ball when it comes to their expert witnesses. And that's unforgivable in a case where those witnesses are going to be crucial to building their case. And having read their motion to reconsider, it just seems disingenuous. They are now claiming that they really did disclose the expert reports for their crucial witnesses in mid 2021. If that's the case, how did they not know this themselves? They could have pointed this out at the February 28th hearing when they instead asked for an extension. They could have pointed it out at the March 10th hearing about missing the extended deadline. Instead, they're only raising the issue now in a motion to reconsider.

It reads to me like they got caught completely unprepared when the defense pointed out that they'd missed the expert witness disclosure deadline in the case management order. Then they scrambled to try and generate expert reports before the extension expired, failed to do so, and then just filed the cvs a day late. After having their experts excluded, they've now gone back over things they'd already disclosed and found anything that could be considered vaguely like an expert report and are now trying to claim that those satisfy the requirements. I hope they're successful if they decide to appeal the judge's order, but I doubt they will be.

 

[girlhasnoname]

Once Grusing had the phone and truck data for Saturday night/Sunday morning that says Barry was up all night driving around and not sleeping in bed with Suzanne, Suzanne phone has no data for Sat/sun he's toast. Im curious what was that line of questioning. Why allow Barry to tell a false narrative? Was there a confrontation on facts? Why was the bike ride narrative continued for 1 1/2 years, including on this site. The heading was Chaffee County woman goes missing on bike ride, never returns! That allowed Barry to control the story. The bike ride never happened. The public was told she went on a bike ride for over a year. Once LE had info that Barry was lying, game over. Pressure him. Don't be friendly.

Don't forget they were trying recover Suzanne's remains. Confronting BARE with hostility wasn't going to get them anywhere with this thin-skinned murderer.

IMO

 

[MassGuy]

Latest register of actions. https://www.courts.state.co.us/user...rict/Freemont/Morphew/4_19_22 morphew roa.pdf

 

[Niner]

Latest register of actions. https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

from page 7
D-41 Reply - Exclude Testimony Mr. Morphew looks guilty.


LOL!

 

[Diddian]

from page 7
D-41 Reply - Exclude Testimony Mr. Morphew looks guilty.


LOL!

Have you found a motion to instruct that the jurors wear blindfolds and earplugs and observe the proceedings through a two-way funhouse mirror and that each be cautioned that their every cough, yawn, sigh, nose twitch, or raised eyebrow will be subject to potential litigation?

At what point do all the instructions isolating and intimidating potential jurors actually become..., you know, intimidation?... that potentially limits a jury pool? (ETA:... and harnesses those jurors who are actually seated or appointed alternates?)

Navigating these defense attorneys and their suffocatingly-busy e-filing machine (not to mention IE’s in-court bluster) must feel to the prosecution like Suzanne felt living under the reign of BM.

 

[Love Never Fails]

Latest register of actions. https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

I noticed people wanting to strike Danielson as an expert witness for defense. Do you know what Danielson’s specialty is?

 

[MassGuy]

I noticed people wanting to strike Danielson as an expert witness for defense. Do you know what Danielson’s specialty is?

Looks like he's a DNA expert.

Meet the molecular man - MSU Denver RED

 

[WingsOverTX]

Have you found a motion to instruct that the jurors wear blindfolds and earplugs and observe the proceedings through a two-way funhouse mirror and that each be cautioned that their every cough, yawn, sigh, nose twitch, or raised eyebrow will be subject to potential litigation?

At what point do all the instructions isolating and intimidating potential jurors actually become..., you know, intimidation?... that potentially limits a jury pool? (ETA:... and harnesses those jurors who are actually seated or appointed alternates?)

Navigating these defense attorneys and their suffocatingly-busy e-filing machine (not to mention IE’s in-court bluster) must feel to the prosecution like Suzanne felt living under the reign of BM.

Very apt analogy!

#JusticeForSuzanne

 

[crhedBngr]

Exhibit 30 (Page 5) is interesting. The verbiage "keep protected" appears there.

ETA: Exhibits 26 and 27 (Page 5) have similar wording.

JMVHO.

 

[Love Never Fails]

Looks like he's a DNA expert.

Meet the molecular man - MSU Denver RED

Thanks. He should be stricken. They want to bring in false DNA. They’re trying everything while the judge agrees to strike prosecutions expert witnesses.

ETA: wonder what they have to pay him to say what they want.

 

[Cindizzi]

Motions In Limine filed by the Defense on 4/5/22 and 4/6/22 from the Register of Actions uploaded here today:
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/4_19_22 morphew roa.pdf

Page 34 through 39

D-85. Exclude any testimony that BM had the capacity or personality trait(s) to commit murder or that SM did not have the capacity or personality trait(s) to commit suicide or leave her family.

D-84 Exclude recordings and irrelevant testimony of former friends ( EG, HW and spouse, SO and spouse, the Ritters, the Moorman family and others) about their suspicions and hunches.

D-83. Exclude evidence, testimony, arguments and comments about digital forensics.

D-82 Exclude conversation about immunity.

D-81 Exclude irrelevant material, including clothing found in a community dumpster.

D-80. Exclude evidence of crime shows.

D-79 Exclude irrelevant materials examined or taken from the Morphew home.

D-78. Exclude evidence, testimony, arguments and comments about a needle sheath cover, pneu darts, Marlin rifle and animal tranquilizers.

D-87. Prohibit any reference to polygraphs as an investigatory tool in this case.

D-89 Exclude any evidence, testimony, arguments and comments about BM’s hunting or firearm skills.

D-88 Exclude any evidence, testimony, arguments and comments about Telematics.

D-90. Exclude pushpin map, diagrams or testimony about alleged locations of cell phones.

D-91. Prohibit improper and unconstitutional comments, questions, statements and arguments.

ETA:

Looks like I missed one.

D-86
Exclude the use of the term no body homicide.