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

[PaulaDC]

So for forging a vote (which Barry has admitted to, right?) the penalty is from a minimum of 1 year in prison or a fine of $1,000, to a maximum of 3 years in prison with a fine of $100,000. The latter sounds good to me. Would the fact that he mailed it enlarge this sentencing? Or would that be a whole separate thing?

If he was only fined $1.00 I'd be happy as long as he's found guilty of a felony. Bye bye zip tie gun.

 

[katydid23]

Mutual dismissal request; with or without prejudice was the decision. Judge ruled in favour of allowing the prosecution to file charges in the future, without prejudice.

Seems like a good outcome.

Why did the prosecution want to dismiss the case? What reasons were given?

The main reason the state wanted to dismiss was because the judge had ruled that 12 of their 14 expert witnesses would not be able to testify.

That was a sanction he gave because the state was late on delivering the Discovery evidence over to the defense. So his punishment to the state was to deny their expert witnesses. Of course, that makes it very hard, if not impossible, to win their case.

I thought they were going to appeal that decision and ask for more time until the decision was made.

 

[Cindizzi]

Thank you. Violation of discovery rules is a definite violation of the rights of the accused ... in my humble opinion. The prosecution is required to disclose all documents supporting criminal charges within a specific number of days after charges are laid. If the prosecution cannot produce their evidence, the charges are not supported. Isn't that true? Then charges must be dismissed.

If 12/14 prosecution witnesses did not have their evidence ready after charges are laid, that suggests that the prosecution case is full of holes.

So, if I understand correctly, the prosecution did not have a solid case - regardless of their claims about who those experts were - witnesses were unable to produce evidence even after charges were laid.

This is not about being organized. One or two witnesses out of 14 might be disorganized, but not 12/14.

Witnesses unable to produce evidence? Witnesses did not have their evidence ready?

It is not the responsibility of an EXPERT witness to produce evidence. They are qualified by the Court to testify as an expert so they can testify on evidence produced by the Prosecution and Law Enforcement and give their expert opinion based on their background and experience in the field of such evidence ( Telematics, cell phone data, etc).

What Is an Expert Witness?
I’m sorry, but have you never watched Criminal trial proceedings.
The Prosecution in this case has never said or implied that they do not have any evidence.
They said they cannot present their case now that the Judge has ruled that some witnesses cannot testify as experts.
I do agree that there should be sanctions for Discovery violations, but this was extreme.
It does not mean the Prosecution does not have a solid case
JMO

 

[Aloe]

One word,
MIPPLES

Yuck

 

[Aloe]

Sadly you can bet that if Suzanne were still around and the circumstances weren’t what they are she would have made sure Barry was dressed appropriately. He is shameless.

I'm not so sure. I really think that, not too long before packing for the move from Indiana, the dear lady may have given up on being bm's mommy. moo
He is shameless. He is so vain. I guess he must have decided he didn't need the suits. moo
Anyway, now he can go back to altering his appearance for wherever his passport will take him. moo

 

[Kemug]

But once again, I ask, why did Judge L choose to handicap this case? If there's an elephant in the room - calling out @Kemug here - it's the one sitting behind the bench. Not the ones in front of it.[/QUOTE
An elephant! Yes! But he's not carnivorous, is he?

 

[Aloe]

In my opinion they were sloppy and did a terrible job. The judge came down on them hard for their sloppiness. I think this is a good thing as they now know what will happen unless they get their act together. .. to get her! I am not optimistic about finding the body as it will be so badly decomposed I am unsure if it will be helpful at this stage. RIP SM. I am so sorry this happened.

I know what you're saying, but there may be some evidence with the body and the location could be very damning. moo

 

[Kemug]

We had better add the lame duck to the zoo. I am sure it can be nursed back to full health and strength.

Yes, a lame duck, very good! And I'll give her a companion to cheer her up and go for short waddles with.

 

[Aloe]

That's how he dressed for court? The James Dean look?

I'm looking forward to seeing a side by side of this picture and one of him after Suzanne's body is found and he is arrested again.

I think he's been going through a midlife crisis, like, his whole entire life.
eta moo

 

[Kemug]

Something tells me Shona wouldn’t be too keen on such an arrangement, ESPECIALLY after IE’s very public and affectionate “huggy kissy” performance for the cameras with her prize bull!

A prize bull! Yes!! That'll take the mountain lions and coyotes down a peg or two!

 

[Kemug]

Shona can go with them. The more the merrier. Does @Kemug know we need a prize bull in the zoo? Better to keep it behind bars in case it decides to charge the chipmunks.

Yes, definitely behind bars (where he should be, I'm sure you'll all agree ). And yes, the more women admirers hanging around, the happier Barry will be. Not too sure MG wants to go on this island trip though.

 

[Kemug]

kemug added a few more the other day as the one we had could not keep up with producing enough manure.

Ah, but that wasn't a prize bull. This one produces prize BS.

 

[Kemug]

Amazing that the only person inappropriately dressed for court is the defendant.

Yes, usually every murdering drug-addled misfit who fronts court is decked out in a suit and tie, even though his unwashed body has never known the like before. And often with spectacles for good measure.

 

[mrjitty]

Witnesses unable to produce evidence? Witnesses did not have their evidence ready?

It is not the responsibility of an EXPERT witness to produce evidence. They are qualified by the Court to testify as an expert so they can testify on evidence produced by the Prosecution and Law Enforcement and give their expert opinion based on their background and experience in the field of such evidence ( Telematics, cell phone data, etc).

RSBM - just to be 100% accurate, the expert witnesses do frequently produce their own reports, analysis etc which have to be discovered, but like you say, it is not the case that all the witnesses were not ready - rather these were generalised sanctions in relation to some specific procedural failures.

The reasons why the prosecution failed to meet its deadlines remains baffling.

Having said all that, in the McStay case expert reports/analysis were being discovered in both directions in the week or even day of testimony and the judge, though exasperated, exercised the patience of a saint to get the trial done.

So i do wonder, how normal these bureaucratic mess ups are?

 

[justtrish]

sbm. Simplest answer is they assessed they were likely to lose on appeal.

I think maybe they assessed it wasn't a risk they were willing to take a week before trail starting AND if they do believe they know a location for her body, why risk a denied appeal and going forward only to find her body in June when the snow is melted. I still believe they have a reason for making this claim.

 

[Kemug]

Yes and Yes

I fear for some others now, IMO

Not even Barry would be that stupid. Would he?

 

[mrjitty]

I agree that BM shows a lack of respect in his dress, wearing a tight T shirt to court. His dress reveals a degree of immaturity and great pride in his muscular torso, not at all appropriate to display in court. The three females are dressed OK, IMO.

To be fair he rounded out his abusive dad look with a blazer jacket (in his right hand)

 

[justtrish]

I know what you're saying, but there may be some evidence with the body and the location could be very damning. moo

Absolutely! If she was buried in a whole that say equipment would have had to dig vs manually with a shovel.. if she is buried at all in a location he had previously been to.. maybe one of his deleted locations on his phone (some 50something locations were deleted before his phone was taken).

A random sexual predator isn't going to stage a bike wreck, toss her helmet, then bury her close by in a location the victims husband happened to be at.. MOO of course, but finding her body would point directly at Barry.

 

[Kemug]

The judge ruled that 12 investigators, including CBI and FBI employees, could not testify at as experts as punishment for late submissions.

RSBM
Absolutely ridiculous.

 

[Kemug]

But once again, I ask, why did Judge L choose to handicap this case? If there's an elephant in the room - calling out @Kemug here - it's the one sitting behind the bench. Not the ones in front of it.

An elephant! Yes!! But he's not carnivorous, I hope?