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

[Love Never Fails]

LOL Well I think if they play the videos fully, the jury can interpret how he looks on their own anyway. Won't take an "expert" to analyze his body language.. just looking at him and how he responds, facial expressions, shifty eyes, looking away, how long he takes to respond, hesitation to respond. A jury can interpret that for sure. It doesn't sound like he hid the guilty appearance at all during these interviews.

Or play his “Oh Suzanne” video of 46 seconds.

 

[Spartygirl]

Looks like I missed one.

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

OMG
they basically want everything removed.
Sheesh

 

[Boxer]

OMG
they basically want everything removed.
Sheesh

The arrest is for homicide.

 

[Boxer]

I'd like to see the pushpin map of phone locations that defence doesn't want showing - would that include their 'Barry running through walls' scenario thrown out there at the PH.

moo

Its an accurate map of points of location along a path of someone running around and through the house.

Strong defense meets weak offense.

 

[Diddian]

Or play his “Oh Suzanne” video of 46 seconds.

It was 26 seconds. I don't think he had enough acting stamina to go another 20, although I guess if he HAD to fill closer to a full minute in time, he could have always claimed that the local wildlife missed her.

 

[Spartygirl]

I just can’t get my head round how evidence can be excluded like this. Honestly it feels like a travesty to me.

They are so desperate, they are throwing $hit at the wall to see what sticks.
Hopefully defense will be laughed out of this ridiculous request aka wish list by the court.
I mean, this is like the WHOLE FRIGGIN CASE they are asking to do away with. Just another way to try to "dismiss" the case.... LOL

I do worry about this judge and him being a defense atty before --I feel he leans their way, but that's JMO

 

[Boxer]

They would be laughed at if the prosecution wasn't currently failing to meet normal deadlines.

 

[waldojabba]

They would be laughed at if the prosecution wasn't currently failing to meet normal deadlines.

The prosecution has been called out and sanctioned( aka held accountable) for their delinquency of discovery behavior .
Defense separately embarrases themselves with these motions and they likewise should be called out and held accountable.
Two separate issues IMO

 

[WingsOverTX]

They would be laughed at if the prosecution wasn't currently failing to meet normal deadlines.

I don't know. I find it rather humorous that their main response is a plea to not have to make ANY rebuttals. To me this makes the desperation of the defense obvious.

The clear and convincing circumstantial evidence plus the audit of the defendant look like a formidable opponent even if the prosecution needs to sharpen up.

OTOH, if their desperation bamboozles this judge, I guess I'll have to wear a dunce cap.

MOO

 

[Diddian]

I don't know. I find it rather humorous that their main response is a plea to not have to make ANY rebuttals. To me this makes the desperation of the defense obvious.

The clear and convincing circumstantial evidence plus the audit of the defendant look like a formidable opponent even if the prosecution needs to sharpen up.

OTOH, if their desperation bamboozles this judge, I guess I'll have to wear a dunce cap.

MOO

If they bamboozle this judge, it's not YOUR head the dunce cap belongs on.

 

[katydid23]

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.

What the HE!! ???? Can they do that?

I thought they asked the judge for an extra week so they could play ALLLLLLLL of Barry's interviews. Now they want to delete everything that reveals the substance of his character?

 

[Whitneyh]

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.

One of the states biggest mistake was stating things through email that should have been done by verbal conversation. I’m amazed that people still haven’t learned email is an electronic record if you don’t want it coming back to bite you, you don’t email you have a verbal conversation.

 

[Boxer]

I don't know. I find it rather humorous that their main response is a plea to not have to make ANY rebuttals. To me this makes the desperation of the defense obvious.

The clear and convincing circumstantial evidence plus the audit of the defendant look like a formidable opponent even if the prosecution needs to sharpen up.

OTOH, if their desperation bamboozles this judge, I guess I'll have to wear a dunce cap.

MOO

Two.
judges have been dissatisfied with the DAs professionalism.

Judge Lama outstanding reviews across the board. Hard to believe he would be biased one way or the other.

The defense is energetically making a text book defense. Predictable.
The prosecution, possibly FUBAR.

 

[Diddian]

Two.
judges have been dissatisfied with the DAs professionalism.

Judge Lama outstanding reviews across the board. Hard to believe he would be biased one way or the other.

The defense is energetically making a text book defense. Predictable.
The prosecution, possibly FUBAR.

IIRC, in Colorado the reviews are by a commission populated entirely (or in a substantial majority, I can't at the moment remember which) by members of one political party. This commission makes the recommendations for nominating judges and then makes recommendations when the time comes for the voting public to decide whether to retain the judges who were appointed.

So, outstanding reviews across the board for a judge appointed by a Democrat governor don't impress.

 

[BDAJAG]

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.

___________________________________________

vr
C&I
bm​

Lest we forget, Barry was babbling & burbling like an over-flowing brook. He'd dug himself a hole from the get-go, and refused to stop digging.

• {Too great an affinity for shaping the earth with his masterful BobCat- controlling fingertips?
• Well, he'd just show them (LE) how really skilled he was, working their "confusion(s)" into the cleverest narrative ever created!}

Grusing [and his cohorts] I'm pretty sure, could not believe what was happening.

• "OK. Who rubbed smiling Buddha's tum?"

If catching him out on a lie/contradiction and seemingly, (to BM), on a dime turning the screws/upping the heat, that stream is dammed; at that point you've got a custodial interrogation/Miranda-triggered dry bed to replace your overflow. mmo

As much as Barry never seemed to shut-up - beyond "No. I can't recall that." - I truly began to concern myself as to whether there had arisen in the morass(es) of the case law, a holding to the effect that "... there may come a point in an interview/LE questioning that, de facto, a"Constructive Custodial Interrogation" arises - this despite an interviewee being "free to leave for any or no reason" and/or "cooperating fully" with his questioner(s), thereby triggering a Miranda duty; violation of which works its exclusionary/'fruit of the nasty 'ol tree' evidentiary black-hole for everything disclosed subsequent to that constructive(?) triggering.

Could someone binky my angst re. this manifestly erroneous notion as to the existence of such a thing as a CCI ?
MTIA

 

[WingsOverTX]

Two.
judges have been dissatisfied with the DAs professionalism.

Judge Lama outstanding reviews across the board. Hard to believe he would be biased one way or the other.

The defense is energetically making a text book defense. Predictable.
The prosecution, possibly FUBAR.

But how often have these judges handled a no body homicide by a spouse with such strong motive and opportunity?

Many here have criticized Lama & rightly so IMO. I have serious reservations about both judges, regardless of their "reviews."

Suzanne is dead. Domestic violence not random partial DNA should be a focus and yet the reverse is true.

Suzanne's precious life should be the honored & justice should rain down like fire. All the gamesmanship makes it appear she is now merely a pawn, not a person with unfulfilled hopes and dreams whose life was taken before she could even meet her grandchildren, never mind escape her husband.

JMO

 

[Boxer]

But how often have these judges handled a no body homicide by a spouse with such strong motive and opportunity?

Many here have criticized Lama & rightly so IMO. I have serious reservations about both judges, regardless of their "reviews."

Suzanne is dead. Domestic violence not random partial DNA should be a focus and yet the reverse is true.

Suzanne's precious life should be the honored & justice should rain down like fire. All the gamesmanship makes it appear she is now merely a pawn, not a person with unfulfilled hopes and dreams whose life was taken before she could even meet her grandchildren, never mind escape her husband.

JMO

Agree.

IIRC, in Colorado the reviews are by a commission populated entirely (or in a substantial majority, I can't at the moment remember which) by members of one political party. This commission makes the recommendations for nominating judges and then makes recommendations when the time comes for the voting public to decide whether to retain the judges who were appointed.

So, outstanding reviews across the board for a judge appointed by a Democrat governor don't impress.

Its a 360 - every contact is responsibility is queried.
It's on line.
All I am saying is the red flags were flying about the prosecution from the beginning.

I don't know. I find it rather humorous that their main response is a plea to not have to make ANY rebuttals. To me this makes the desperation of the defense obvious.

The clear and convincing circumstantial evidence plus the audit of the defendant look like a formidable opponent even if the prosecution needs to sharpen up.

OTOH, if their desperation bamboozles this judge, I guess I'll have to wear a dunce cap.

MOO

I hope that justice prevails.

The phone evidence of a chase, which was wilfully lied about by IE as showing BM "walking through walls," coupled with his. other actions, especially his phone ping at the bike dump location in the early a.m. ... its proof.

Hopefully the jury gets the information.

Not meeting deadlines in a major, major case, unfortunately is indicative of more problems beneath the surface.

 

[abams]

One of the states biggest mistake was stating things through email that should have been done by verbal conversation. I’m amazed that people still haven’t learned email is an electronic record if you don’t want it coming back to bite you, you don’t email you have a verbal conversation.

Sounds like the kind of tactic that's getting them in trouble as is. Meetings not memorialized, like the meetings on the CODIS matches, when they normally would and should be. A bit shady to an outsider.

 

[BDAJAG]

They would be laughed at if the prosecution wasn't currently failing to meet normal deadlines.

vr
^ focus/red.^
bm
​

____________________________________________

Another favorite of mine, right up there with "Falsus in uno, falsus in omnibus.", would be:

"De minimis lex non curat."

{"The Law does not notice trifling matters."}



Kindly indulge my guesstimate that His Honor,
Lama, J., missed the deadline himself
for electing any course(s) elucidative of
'Latin Legal Maxims in Modern Jurisprudence'
at his Alma Mater*
​

*Jumping Julius!
That pesky mother tongue just keeps popping-up!

​

 

[BDAJAG]

dbm, with regrets.