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

[OldCop]

bbm


It is the responsibility of the state to prove that someone is guilty, not for the defendant to prove their innocence.
How can you prove you are innocent if someone claims you commit a crime? For instance, if LE claims you molest children, you cannot prove that you don’t. Calling hundreds of children to testify you did not molest them will prove nothing.
That is why the onus is on the prosecution to show proof that you are guilty.
Our criminal justice system is based on the presumption of innocence beyond a reasonable doubt to protect us from conviction without proof.
People sometimes assume that you go to court to prove that you’re innocent, but this isn’t the case. You have no obligation to do so. Criminal defense strategies usually center on poking holes in the prosecution’s case against you.
The burden of proof is the state’s responsibility. You don’t have to prove anything if the prosecution doesn’t meet this burden.

I agree wholeheartedly, @everybodhi. The problem comes when the defense tries to prevent the prosecution from presenting their evidence even before the trial begins.

 

[OldCop]

So, my opinion is if Judge Lama allows all these motions, he is telling us that he believes that you can’t prosecute a no body case with circumstantial evidence.

 

[pseudo_hum]

So, my opinion is if Judge Lama allows all these motions, he is telling us that he believes that you can’t prosecute a no body case with circumstantial evidence.

Agreed. But could the judge have ruled that the case be dismissed?

 

[DizzyB]

Anyone who has participated in this forum would know that the defense team would pounce on any technicality, including missed deadlines. Was there no one to create a spreadsheet? There are rules. If you think you are not able to follow them, due to unforeseen circumstances, you ask for time or advise the court. There is no excuse.

 

[K9Enzo]

Anyone who has participated in this forum would know that the defense team would pounce on any technicality, including missed deadlines. Was there no one to create a spreadsheet? There are rules. If you think you are not able to follow them, due to unforeseen circumstances, you ask for time or advise the court. There is no excuse.

“Who is your leader?” I can hear someone say. To me it appears like an extreme lack of leadership. In most professions heads would roll. Unfortunately, here we’re not talking about loss of company sales, but a murder case.

When this case is over a outside party should be brought in to dismantle this team (I use team in a generic sense) and get to the bottom of the incompetence. They cannot be permitted to operate like this with another case. IMO

 

[CGray123]

So, my opinion is if Judge Lama allows all these motions, he is telling us that he believes that you can’t prosecute a no body case with circumstantial evidence.

I respectfully disagree. At the outset of this case, Judge M indicated that large portions of the AA contained information that could be inadmissible at trial for a variety of reasons related to their probative value. The arguments on those points are now being made, with the added advantage of expert testimony to support some evidence that would be otherwise admissible having been excluded because of the prosecution's failure to disclose.

I am hopeful that the judge, who has already expressed his view that there is sufficient evidence to try the case, will look at the body of evidence as a whole, reject the defense's arguments, which seek to isolate each piece. As you and others have suggested, the data points are mutually reinforcing and their relevance can only be determined in context.

 

[WingsOverTX]

This case is too close to trial for it to be in such a (debatedly) precarious state.

What is the judge going to do and when is he going to do it? Will the prosecution proceed even if none of their appeals restore the expert testimony?

From the first criticism on the record in open court of the AA by Judge M who signed off on it to the same criticism being reiterated by Judge L also on the record in open court, I have perceived bias against the DA and LE. Then hurricane Iris doubled down on throwing out any and everything evidentiary in it.

How did Suzanne speak? What did she say? Why is her voice lost in all these machinations? There is enough without her body to convict but the system itself seems biased to protect her abuser and murderer to the detriment of justice.

Why is that happening in this case? I want someone to advocate in the press FOR her & AGAINST her husband every single day! Put that defense team on notice that you are watching & care deeply about the outcome.

Where are you Melinda, Sheila, Anthony, et al? Plead and cry out for justice! Criticize where injustice seems to prevail. Fight for Suzanne!

JMO

 

[OldCop]

I respectfully disagree. At the outset of this case, Judge M indicated that large portions of the AA contained information that could be inadmissible at trial for a variety of reasons related to their probative value. The arguments on those points are now being made, with the added advantage of expert testimony to support some evidence that would be otherwise admissible having been excluded because of the prosecution's failure to disclose.

I am hopeful that the judge, who has already expressed his view that there is sufficient evidence to try the case, will look at the body of evidence as a whole, reject the defense's arguments, which seek to isolate each piece. As you and others have suggested, the data points are mutually reinforcing and their relevance can only be determined in context.

I agree. That’s why I said if he allows “all” the motions. Circumstantial evidence, digital forensics, telematics, etc. are like pieces of a puzzle. One or two pieces are meaningless, but once you put the pieces together, you can see the whole picture. Some of the asks by this defense team are ludicrous and serve only to eliminate pieces of circumstantial evidence which in totality with other evidence may lead a jury to believe that the accused is, in fact, guilty.
Hypothetical question for discussion- How does a judge decide whether to punish the prosecution for something he even says was not willful if it ruins the chance of justice for the victim?

 

[HongKongPhooey]

I agree. That’s why I said if he allows “all” the motions. Circumstantial evidence, digital forensics, telematics, etc. are like pieces of a puzzle. One or two pieces are meaningless, but once you put the pieces together, you can see the whole picture. Some of the asks by this defense team are ludicrous and serve only to eliminate pieces of circumstantial evidence which in totality with other evidence may lead a jury to believe that the accused is, in fact, guilty.
Hypothetical question for discussion- How does a judge decide whether to punish the prosecution for something he even says was not willful if it ruins the chance of justice for the victim?

Your question, this is a big problem for me. I feel so disgusted by what’s happening I am struggling to stay with it

 

[OldCop]

“Who is your leader?” I can hear someone say. To me it appears like an extreme lack of leadership. In most professions heads would roll. Unfortunately, here we’re not talking about loss of company sales, but a murder case.

When this case is over a outside party should be brought in to dismantle this team (I use team in a generic sense) and get to the bottom of the incompetence. They cannot be permitted to operate like this with another case. IMO

I think there are/were a variety of issues that put us in this situation. We had the change in DA, a prosecutor left for another jurisdiction, various investigators leaving for other assignments, questionable integrity, retirement, etc. We had optics that looked like BM was going on the lam; selling properties, assuming guardianship, packing all his possessions etc. We had the prosecution falling behind on discovery deadlines and on top of everything else we had coronavirus.
You absolutely need a team leader for any big case especially one with as many moving parts as this one had. The team leader needs to have an analytical mind, needs to be able to see the whole picture, to recognize what steps need to be taken at any particular time in an investigation, to see holes that need to be plugged, and to delegate tasks that need to be followed up on.
The team leader needs an “assistant”; someone who can organize all the facets of the case in digital and hard copy form. This casebook should include every report starting with the initial 911 call. There needs to be several timelines: 1) The timeline leading up to the offense, 2) The investigative timeline, 3) The court timeline to include court hearings and discovery deadlines. The casebook needs to be collated, indexed, and organized in such a manner that the Team Leader can pick it up at any given time and know everything that is going on in a case.
I think this case faltered because the arrest was made prematurely. They had all the documentation, but they didn’t have it organized so they just threw everything they had in the AA. This resulted in 130 pages of floating information. The story wasn’t clear.
Any case relying heavily on digital forensics from cell phones, computers, gps systems, telematics, cctv etc. generates mounds of paperwork. That paperwork takes hours upon hours to analyze. Some of it is not relevant. Some witness interviews result in learning about important circumstantial evidence, some of it is hearsay, some of it is not relevant. A lot of superfluous information went into that AA. Once the decision to make the arrest was made, the prosecution’s back is against the wall. You no longer have the luxury of time and of putting the case together on your terms.
Luckily both judges saw enough to believe that there was enough evidence to charge BM with 1st degree murder, but they were not going to just hand it to the prosecution. Now along comes a highly paid, smart, and cunning defense team.
The prosecution has less than 2 weeks to get its act together. It is really hard to do this in such a short timeframe without knowing which evidence you will be able to present. I think if they lose their appeal on the expert testimony, they have to request a delay which will be loudly objected to by the defense team. A delay is the only way they will be able to put together a decent case without much of their expert testimony to explain the evidence to a jury.
The only other option they have would be to request a dismissal without prejudice.
If they win their appeal, let’s all hope they have put together that clear, concise, irrefutable case that we have all been praying for.

 

[Lyanna]

it's crystal clear that the Defense knows he is guilty

Totally agree, the fact they are throwing all sorts of motions based on technicalities and NOT any of the actual evidence proves they know he's guilty - prosecution errors are all they have to challenge.

Ianal and moo

 

[Chingaling]

So from listening to LS go over the Defense motions on her YouTube today and learning more about what they want excluded:

They want the Prosecution to always refer to him as Mister Morphew, not Morphew or “ that man”.
They don’t want the Prosecution to point at him.

They don’t want the Prosecution to tell the Jury that they are seeking “ justice for Suzanne or for her family “.

They don’t want any mention of him being a hunter or having firearms, including no pictures of him holding a gun.

They don’t want any mention of SM’s journal not being found with her Bible and Courage to Change book - calling it second hand or even third hand hearsay.

I can’t remember what else right now. { big sigh }

Think I better go off line for awhile.
Hope everyone has a nice relaxing Easter Sunday tomorrow in any and every way you choose to spend it!

They should just call him "The Husband"

 

[OldCop]

They should just call him "The Husband"

Yes, that’s right, @Chingaling. If I recall, that’s his preferred form of identification.

 

[OldCop]

Agreed. But could the judge have ruled that the case be dismissed?

Yes, he could, but would it be with or without prejudice? This judge confuses me. He ruled there’s enough evidence for a first degree murder charge but he’s throwing out all that evidence.

 

[Boxer]

So, my opinion is if Judge Lama allows all these motions, he is telling us that he believes that you can’t prosecute a no body case with circumstantial evidence.

That might be true.
However MOO there is precedence of digital data being as powerful evidence as DNA.
MOO that point needs to be taken up courts if need be.

I mapped out the location of BM's phone pings upon arriving home Saturday.
There is no ambiguity about it, nor any "walking through walls."
It is a simple path around and through the house at the speed of a medium run.

 

[Lyanna]

There is no ambiguity about it, nor any "walking through walls."

We know that, Iris and Dru, however, like to muddy clear waters - jmo

 

[Boxer]

We know that, Iris and Dru, however, like to muddy clear waters - jmo

Sure and that needs to be the DAs openimg statement.

The defense will muddy waters and throw mud.
But the facts will show ...

 

[Love Never Fails]

bbm


It is the responsibility of the state to prove that someone is guilty, not for the defendant to prove their innocence.
How can you prove you are innocent if someone claims you commit a crime? For instance, if LE claims you molest children, you cannot prove that you don’t. Calling hundreds of children to testify you did not molest them will prove nothing.
That is why the onus is on the prosecution to show proof that you are guilty.
Our criminal justice system is based on the presumption of innocence beyond a reasonable doubt to protect us from conviction without proof.
People sometimes assume that you go to court to prove that you’re innocent, but this isn’t the case. You have no obligation to do so. Criminal defense strategies usually center on poking holes in the prosecution’s case against you.
The burden of proof is the state’s responsibility. You don’t have to prove anything if the prosecution doesn’t meet this burden.

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

 

[Love Never Fails]

So, my opinion is if Judge Lama allows all these motions, he is telling us that he believes that you can’t prosecute a no body case with circumstantial evidence.

It tells me more than that about Judge Lama.

 

[Love Never Fails]

I think there are/were a variety of issues that put us in this situation. We had the change in DA, a prosecutor left for another jurisdiction, various investigators leaving for other assignments, questionable integrity, retirement, etc. We had optics that looked like BM was going on the lam; selling properties, assuming guardianship, packing all his possessions etc. We had the prosecution falling behind on discovery deadlines and on top of everything else we had coronavirus.
You absolutely need a team leader for any big case especially one with as many moving parts as this one had. The team leader needs to have an analytical mind, needs to be able to see the whole picture, to recognize what steps need to be taken at any particular time in an investigation, to see holes that need to be plugged, and to delegate tasks that need to be followed up on.
The team leader needs an “assistant”; someone who can organize all the facets of the case in digital and hard copy form. This casebook should include every report starting with the initial 911 call. There needs to be several timelines: 1) The timeline leading up to the offense, 2) The investigative timeline, 3) The court timeline to include court hearings and discovery deadlines. The casebook needs to be collated, indexed, and organized in such a manner that the Team Leader can pick it up at any given time and know everything that is going on in a case.
I think this case faltered because the arrest was made prematurely. They had all the documentation, but they didn’t have it organized so they just threw everything they had in the AA. This resulted in 130 pages of floating information. The story wasn’t clear.
Any case relying heavily on digital forensics from cell phones, computers, gps systems, telematics, cctv etc. generates mounds of paperwork. That paperwork takes hours upon hours to analyze. Some of it is not relevant. Some witness interviews result in learning about important circumstantial evidence, some of it is hearsay, some of it is not relevant. A lot of superfluous information went into that AA. Once the decision to make the arrest was made, the prosecution’s back is against the wall. You no longer have the luxury of time and of putting the case together on your terms.
Luckily both judges saw enough to believe that there was enough evidence to charge BM with 1st degree murder, but they were not going to just hand it to the prosecution. Now along comes a highly paid, smart, and cunning defense team.
The prosecution has less than 2 weeks to get its act together. It is really hard to do this in such a short timeframe without knowing which evidence you will be able to present. I think if they lose their appeal on the expert testimony, they have to request a delay which will be loudly objected to by the defense team. A delay is the only way they will be able to put together a decent case without much of their expert testimony to explain the evidence to a jury.
The only other option they have would be to request a dismissal without prejudice.
If they win their appeal, let’s all hope they have put together that clear, concise, irrefutable case that we have all been praying for.

Good summation.