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

[Scootie98]

That is not what the prosecution states. They say that they *think* they know where the body is, but adverse weather conditions mean that they cannot recover said remains. We shall see.

This is a very high risk maneuver. Its one thing to file the motion to dismiss...its an entirely different thing to inject into the equation the belief that Suzanne's remains may be located. If they are not located....a retrial becomes even more questionable. They would be arming the defense if the latter is the result. It had better be much more than a bluff.

 

[WingsOverTX]

Can BM sue for and win attorneys’ fees if case is dismissed?

My question is, could he win? Wrongful prosecution is a high bar in this case even with its prosecutorial faults.

MOO

 

[waldojabba]

Carol McKinley

@CarolAMcKinley

BREAKING: in a blockbuster motion filed 15 minutes before today's hearing, the prosecution says they believe they are close to finding #SuzanneMorphew's body but that weather is complicating the efforts. The murder trial of her husband, #BarryMorphew, was to being April 28th

Double Wow

 

[Nikynoo]

This sounds very specific.

Wonder if they have Digital intel?

I'm wondering if the snow fall was similar the year Suzanne went missing? Is there anyway of finding out?

 

[WingsOverTX]

I was semi-joking, riffing on discussions in recent days

And I'm overreacting to the breaking news.

At moments like this, you realize how invested you are in a case!

 

[waldojabba]

Marc Sallinger
@MarcSallinger
to dismiss, prosecutors write “law-enforcement believe we are close to discovering the victim’s body”. Searches are focusing on a “remote and mountainous region near the Morphew residence”. They say area where they “believe Ms. Morphew is located” is under 5ft of snow

Fingers crossed. Soon he will be back in cuffs and jail. Hang on Suzanne !

 

[Nikynoo]

This is a very high risk maneuver. Its one thing to file the motion to dismiss...its an entirely different thing to inject into the equation the belief that Suzanne's remains may be located. If they are not located....a retrial becomes even more questionable. They would be arming the defense if the latter is the result. It had better be much more than a bluff.

Interesting, thank you. I would not put anything past Stanley.

 

[Diddian]

This sounds very specific.

Wonder if they have Digital intel?

I wonder when they received and finished analyzing the digital evidence, relative to dates of freeze and snowfall in fall of 2021.

 

[mrjitty]

I'm wondering if the snow fall was similar the year Suzanne went missing? Is there anyway of finding out?

I don't know the answer to that.

I guess they also only figured it out in since last autumn?

 

[mom2chloe]

I'm wondering if the snow fall was similar the year Suzanne went missing? Is there anyway of finding out?

There is a website weatherunderground.com but not sure we can ascertain anything since the region is so vast and we do not know exactly where they are hoping to find her.

 

[mrjitty]

I wonder when they received and finished analyzing the digital evidence, relative to dates of freeze and snowfall in fall of 2021.

It would explain a hell of a lot if they'd expected to find her in March/April - obviously that would have led to delays in the trial.

 

[waldojabba]

This is a very high risk maneuver. Its one thing to file the motion to dismiss...its an entirely different thing to inject into the equation the belief that Suzanne's remains may be located. If they are not located....a retrial becomes even more questionable. They would be arming the defense if the latter is the result. It had better be much more than a bluff.

As long as the judge dismisses without predjudice we can worry about all that later. I don't think Linda needed to say anything about being close to finding the body to get the dismisal so I don't think that is made up imo. Altho I have been accused of being naive.

 

[Rural_PC]

There have been a few posters here who have said all along that they believed she was behind the house buried on the mountain somewhere. Hat tip to those folks if this proves to be correct.

 

[Nikynoo]

There is a website weatherunderground.com but not sure we can ascertain anything since the region is so vast and we do not know exactly where they are hoping to find her.

the motion does state 'very close to the Morphew home'.

 

[fcavanaugh]

I am pleased to hear prosecution moved for dismissal at this time as with all those experts’ struck by the Judge, I thought it very risky to go forward to trial without having the important expert testimony. I believed the prosecution when they said it was critical to their case and striking them was tantamount to dismissal. So yeah, I was expecting and not surprised at all by today’s motion by the prosecution to dismiss.
I also really hope it’s true they’re close to finding Suzanne’s remains’, which obviously helps the case immensely if/when prosecution re-arrests/re-files charges.

Now we wait for the defense’s response, which I won’t be surprised to hear they reject the prosecution’s motion to dismiss without prejudice and request the charges/case be dismissed with prejudice. If so, I hope the Judge doesn’t agree with the defense and grants the prosecution’s motion. We wait….

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Nikynoo]

a link to the motion - https://www.courts.state.co.us/user...49-34 Motion to Dismiss Without Prejudice.pdf

 

[MTW2011]

This is a very high risk maneuver. Its one thing to file the motion to dismiss...its an entirely different thing to inject into the equation the belief that Suzanne's remains may be located. If they are not located....a retrial becomes even more questionable. They would be arming the defense if the latter is the result. It had better be much more than a bluff.

I'm a bit cynical but based on what and how some of the Prosecution has done things so far in this case, I cannot rule out the possibility of DA Stanley saying they "think" they are close to finding the remains even if they weren't. I dont know, I hope they wouldn't misstate their own conclusions and opinions like that, but at the same time, seeing what's happened from the State's side so far in this case....I dont know.
I hope I am wrong and I hope they are right, that they do locate Suzanne.

 

[DeDee]

Barry's lies will bury him after he buried his wife.

Lord, please be with us this on this day, I pray. Allow Suzanne's body to be located for her family, friends and all of us that love her.

Dismiss without prejudice and then ARREST that dirtbag!

#JusticeForSuzanne

 

[MountainDad]

Why let Barry know they are close to finding her- if they are- with this filing? He now plans his suicide (improbable) or getaway for when/if she is found.

 

[Derph]

I don't know. If it were me prosecuting the case I'd be out there myself if I had to with a shovel getting to the bottom of this.