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

[CGray123]

I could be wrong, but I perceived IE to be more annoyed than righteously angry in her impromptu press conference/you tube advertisement.

Consider this: she cleared her calendar - and that of the team behind her - in anticipation of a four-week trial. I'm sure she bills in excess of $600.00 an hour. Let's say she negotiated a blended rate of $450.00/hour for her, her partner, and her support team of paralegals and junior lawyers. The dismissal without prejudice probably cost her $100,000.00 in billable hours against BM's retainer. Ouch! Gotta feel for her, you know?

 

[Skigh]

Why have we not heard about Barry being diabetic before now?

 

[OldCop]

I'm glad I eat bland breakfast food - this makes me ill.

Unbelievable.

JMVHO.

IANAD, but even eating bland breakfast food may cause vomitus if there is an underlying condition such as viewing a nauseating scene or an ulcer caused by observed continuous outlandish behavior.

 

[Cindizzi]

I have immense respect for Dan May, so I am discouraged to hear his suggestion that the DA had a good chance of overturning Judge L's devastating sanctions through a Rule 21 petition to the Supreme Court. That was not my assessment.

He does not say on screen, but the reporter's concluding remarks say that if the case is re-filed the sanctions excluding key evidence will remain in place. I can only assume this came from May. Again, that is not my impression of the applicable law. If true, discovery of SM's remains will not substantially increase the prosecution's chance of conviction.

I’ve always had much respect for Dan the Man ( still do) as I live in El Paso County.

I read the article before watching the video and was very disappointed it wasn’t longer.

It’s kind of confusing the part about expert witnesses in the article. It doesn’t have quotations around the last sentence, but are we to assume May called it an “ uphill battle “ ? JMO

Former DA: Morphew case would have resulted in 'not guilty' verdict - KRDO

"The judge's previous orders pretty much gutted their case, took away their experts. It isn't just 12, it's who the 12 are. You're tracking his [Barry's] directions, you're tracking where he's going around the state, and now you can't present that to the jury. The DNA is taken away. The defense can present what it wants, but you're limited on what you can present for DNA."

May admitted he was surprised about the motion to dismiss, but more so that the 11th Judicial District Attorney's Office didn't file an appeal with the Colorado Supreme Court, in regards to the judge's voiding of expert witnesses. But now that Morphew's charges have been dismissed, an appeal with the state's supreme court is off the table. Moving forward, if prosecutors want to still use the same expert witnesses in a re-filing of charges, they face an "uphill battle" to get the judge to agree to allowing the experts to testify.

 

[Skigh]

I think Barry and his daughters are packing right now for a trip to the islands.

I do hope the Daily Mail will find out where they are staying and provide some holiday photos.

 

[mrjitty]

The only logic I can see for it is that it would prevent a prosecutor from just dismissing a case and trying again with a new judge any time they got a major evidentiary ruling they didn't like. That could definitely be abused. But I would be surprised if a rule like that extended to sanctions based on missing deadlines. It seems like the prejudice to the defense is cured by dismissing the case. They will now have adequate time to prepare and respond to expert witnesses (assuming the prosecution doesn't miss the deadlines again).

That's how I see it

If you tried to abuse the dismissal, the Court would see that and could dismiss your new charges.

 

[OldCop]

IANAL but I do think the prosecutor bailed on the case because she didn't have much of a case.

I think Barry may file suit to recover some of his spend based on the murder charge. I don't think the other charges would overrule this.

The separate matter of any potential sentence on the forgery/voter fraud is interesting. If convicted I wonder if time served is the outcome?

I’m not sure because IANAL, but the forgery case was severed from the murder charge so I don’t think they would let one substitute for the other. However, would the court consider this if BM waived his right to sue for his defense costs in the murder case? Would BM consider that if he was looking at going away for a couple of years? Time spent in jail on the forgery case is additional time for the Sheriff to spend looking for SM’s body.

 

[MaisieBella]

I could be wrong, but I perceived IE to be more annoyed than righteously angry in her impromptu press conference/you tube advertisement.

Consider this: she cleared her calendar - and that of the team behind her - in anticipation of a four-week trial. I'm sure she bills in excess of $600.00 an hour. Let's say she negotiated a blended rate of $450.00/hour for her, her partner, and her support team of paralegals and junior lawyers. The dismissal without prejudice probably cost her $100,000.00 in billable hours against BM's retainer. Ouch! Gotta feel for her, you know?

LOL…or not!

 

[CGray123]

I’m not sure because IANAL, but the forgery case was severed from the murder charge so I don’t think they would let one substitute for the other. However, would the court consider this if BM waived his right to sue for his defense costs in the murder case? Would BM consider that if he was looking at going away for a couple of years? Time spent in jail on the forgery case is additional time for the Sheriff to spend looking for SM’s body.

I'm thinking there won't be any resolution of the criminal charges based on a settlement of BM's civil claims. Aside from the seriousness of the criminal charges, there are ethical issues that would really trouble the lawyers involved:

No Quid Pro Quo: Settling Civil Claims While Criminal Charges are Pending

 

[CGray123]

I’ve always had much respect for Dan the Man ( still do) as I live in El Paso County.

I read the article before watching the video and was very disappointed it wasn’t longer.

It’s kind of confusing the part about expert witnesses in the article. It doesn’t have quotations around the last sentence, but are we to assume May called it an “ uphill battle “ ? JMO

Former DA: Morphew case would have resulted in 'not guilty' verdict - KRDO

"The judge's previous orders pretty much gutted their case, took away their experts. It isn't just 12, it's who the 12 are. You're tracking his [Barry's] directions, you're tracking where he's going around the state, and now you can't present that to the jury. The DNA is taken away. The defense can present what it wants, but you're limited on what you can present for DNA."

May admitted he was surprised about the motion to dismiss, but more so that the 11th Judicial District Attorney's Office didn't file an appeal with the Colorado Supreme Court, in regards to the judge's voiding of expert witnesses. But now that Morphew's charges have been dismissed, an appeal with the state's supreme court is off the table. Moving forward, if prosecutors want to still use the same expert witnesses in a re-filing of charges, they face an "uphill battle" to get the judge to agree to allowing the experts to testify.

You have been all over this case from the beginning, and I am so grateful for your diligent reporting of the facts and your astute assessment of the issues. Among many others, you have made this forum a go-to place for people who want up-to-date information and analysis of Suzanne's case. Much respect.

 

[jakat]

I could be wrong, but I perceived IE to be more annoyed than righteously angry in her impromptu press conference/you tube advertisement.

Consider this: she cleared her calendar - and that of the team behind her - in anticipation of a four-week trial. I'm sure she bills in excess of $600.00 an hour. Let's say she negotiated a blended rate of $450.00/hour for her, her partner, and her support team of paralegals and junior lawyers. The dismissal without prejudice probably cost her $100,000.00 in billable hours against BM's retainer. Ouch! Gotta feel for her, you know?

LOLOL Have to wonder what it was like in her house last night!!

 

[KBlackRabbit]

If you look at the context of what he is saying, it is actually criticism of the judge who way overreached in throwing out the expert testimony critical to proving a credible but highly circumstancial case.

Missed deadlines and other prosecution misses could have been sanctioned without throwing the burden of proof into the trash. Judge L gutted the case against a domestic abuser and capital murderer.

May simply agrees there is not a winnable case UNDER THESE CIRCUMSTANCES.

I'd like to see the entire interview. Because context is critical to understanding this outcome.

I'd also like to see fewer unforceable errors when they bring this case again. That's a given.

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.

Even the defense, while temporarily rejoicing, has to either 1) wonder why or 2) know why.

JMHO

It wasn’t an overreach. Brady violations are serious business, if you withhold information and blow court deadlines repeatedly, the prosecution should be sanctioned and the case dismissed. Law licenses have been pulled and jail time has been ordered for these kinds of violations.

If anything, the judge was very lenient and let the prosecution’s crap fly for too long.

 

[jakat]

I think Barry and his daughters are packing right now for a trip to the islands.

Iris can go with them seeing she has nothing to do for 6 weeks.

 

[jakat]

Why have we not heard about Barry being diabetic before now?

Nope. Would Iris lie about that, too?

 

[Niner]

I looked in the Chaffee County & Fremont County but nothing comes up for any forgery charges. I'll keep an eye out on the court site to see if it pops up anytime soon.
From my notes, the forgery charges were going to be dealt with after the murder case.

 

[Love Never Fails]

Now that Barry is a temporary “free man” does anyone know how to contract his bobcat services? I heard LE needs assistance with removing 5ft of snow in a mountainous area he might be familiar with. Asking for a friend.

Priceless!

 

[OldCop]

I'm thinking there won't be any resolution of the criminal charges based on a settlement of BM's civil claims. Aside from the seriousness of the criminal charges, there are ethical issues that would really trouble the lawyers involved:

No Quid Pro Quo: Settling Civil Claims While Criminal Charges are Pending

I told you I wasn’t a lawyer.

 

[Cindizzi]

You have been all over this case from the beginning, and I am so grateful for your diligent reporting of the facts and your astute assessment of the issues. Among many others, you have made this forum a go-to place for people who want up-to-date information and analysis of Suzanne's case. Much respect.

I just have too much time on my hands. And insomnia.
( I always make jokes when complimented)

Seriously, thanks so much for making my day with your very kind and generous words.
The respect is mutual.

 

[Skigh]

Nope. Would Iris lie about that, too?

Any thing is possible. I am sure if Barry was diabetic it would have been mentioned by somebody during the last 2 years.. We would have been debating whether Barry injected her with insulin!

 

[Pyrite]

I’m not an attorney or paralegal, but IMO if Chaffee co refiles this case it will be dismissed due to BM’s right to a speedy trial being violated.

BM was imprisoned for 5 months and held under bail for another 6 months. Two weeks before trial the DA dismisses the case because of mistakes her office made by being late with the Expert witnesses statements and resumes. So now the DA gets as much time as they need and a do over?

Frankly I can see the action by the DAs office as being ripe for abuse. Arrest someone. Make the arrestee pay their lawyers for almost a year, then say never mind, we don’t have enough evidence to go to court this time but we reserve the right to go to court later. Now the arrestee may not have the money for the great defense team.

It doesn’t seem right to me. I can’t see an appeals court allowing it to happen.