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

[Skigh]

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.

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

 

[Cindizzi]

ETA it’s the MOUNTAIN Mail based in Salida.


Finally a Mtn Mail article that is not behind a paywall!
They always have more details than other media.

Morphew Murder Case Dismissed

 

[Ontario Mom]

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.

Truly, this should be the post of the day.

 

[Ontario Mom]

Barry Morphew is diabetic so maybe the (very large) needle sheath is his? Even though his DNA is not on it, per evidence?

That is what IE said at minute 13:51 in her diatribe/press conference yesterday.

Just found this interesting. Needle caps for tranq darts are much larger than those for insulin needles, aren't they?

MOO

She also disclosed that Suzanne had a port. I don't remember if we already knew that or not?

 

[CGray123]

My opinion is rights should not be violated. How would you feel if it was one of your relatives, they were innocent but a DA pulled this on them? We don’t get to pick and choose who get constitutional rights and who doesn’t, at least not pre-conviction.

Speedy trial rights are different from double jeopardy. The latter clearly has not attached, because a jury has not been seated.

But you are right to raise the issue. Some states specifically state in their rules that charges filed after a dismissal are, in effect, a continuation of the previous proceedings, including the trial timeline. However, I don't see that in Colorado's rules.

The right to a speedy trial may factor into a judge's decision to allow or dismiss a subsequent prosecution in this sense: if the judge decides the prosecution acted in bad faith when it requested dismissal, s/he may decide the defendant's right would be unfairly compromised if the new case were allowed to proceed. JMO, non attorney.

 

[LandManatee]

I wonder if this news of BM being diabetic was a recent diagnosis and therefore was not applicable in May 2020.

Timing is everything.

 

[Skigh]

I wonder if this news of BM being diabetic was a recent diagnosis and therefore was not applicable in May 2020.

Timing is everything.

He must have been diagnosed if they are saying the needle sheaf in the dryer could have been his as he injected nsulin.

 

[BDAJAG]

I’m so confused - they are close to finding her body but are filing to dismiss?
Does that basically mean they get to start all over again?
But what, Barry goes free in the meantime?

_____________________________________

• Run Barry
• Run Barry
• Run Barry Run
• 

 

[TIGER0822]

Is it necessary for there to be additional evidence in order to refile the case? Or can they just get organized/better prepared with the currently know evidence and then refile the case?

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.

 

[Diddian]

He must have been diagnosed if they are saying the needle sheaf in the dryer could have been his as he injected nsulin.

If he was a volunteer firefighter with diabetes, it would likely have to have been tightly controlled. According to the American Diabetes Association, it's not an automatic disqualifying condition, but

"rather any disqualification because of diabetes or insulin use must be determined on a case-by-case basis... the new standard contains a requirement that a person's A1C be below 8%..."​

Firefighters and Diabetes Discrimination | ADA

It would be interesting to know what the standards are in Colorado and more specifically, in Chaffee County.

ETA: Also, the application for Volunteer Firefighters in Chaffee County does require that the applicant disclose any prescription drugs they are taking or have taken during the 30-day period prior to application.

https://www.chaffeecountyfire.org/sites/g/files/vyhlif4251/f/uploads/volunteer_application.pdf

 

[TIGER0822]

_____________________________________

• Run Barry
• Run Barry
• Run Barry Run
• 

The case was dismissed without prejudice so that they can refile. The defendants wanted it dismissed with prejudice so that they could not refile.

In an unusual turn of events the prosecutor asked for the case to be dismissed.

‘As a result, prosecutors asked the case be dismissed without prejudice, meaning they could still pursue charges against Morphew in the future’ .

"This dismissal is in the best interests of justice, the People, and Defendant, and the public," they said.

 

[MsBetsy]

DA drops murder charges against Barry Morphew after judge blocks most of prosecution’s expert witnesses

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.

 

[WingsOverTX]

No matter who the defendant is or what he or she has done, they have a right to a fair trial. The prosecution’s conduct violated that right and set up a situation where there would be abuse by the state.

There's a lot of blame to go around on both sides in this case that got us to where we are.

But to say any of the behaviors were so egregious they merit letting a man who obviously disappeared his wife go free is simply absurd, IMO.

Addressing any errors or misconduct can be done by an astute judge without harm to justice. And even if one thinks Barry is innocent after careful review of currently known evidence, a fair-minded person would want it tested before a jury before letting him walk free.

What defendant in a capital case with domestic abuse has ever walked just because of the kind of errors seen here?

The errors would have to arise to the level of criminal action or intent for that to happen, IMO.

And they don't from what we know.

Just because things get messy in an imperfect world that includes unforseeable pandemic impacts, is no reason the need and right for justice to be declared null and void.

Mooooooooing loudly from outside a Colorado criminal courtroom closed to all except those present in person - the greatest injustice of all.

 

[TIGER0822]

If he was a volunteer firefighter with diabetes, it would likely have to have been tightly controlled. According to the American Diabetes Association, it's not an automatic disqualifying condition, but

"rather any disqualification because of diabetes or insulin use must be determined on a case-by-case basis... the new standard contains a requirement that a person's A1C be below 8%..."​

Firefighters and Diabetes Discrimination | ADA

It would be interesting to know what the standards are in Colorado and more specifically, in Chaffee County.[/QUOTE
]m

Prosecutors could say it could have been anything, they are playing with words (which they do frequently). You can bet if he had diabetes they would waive his medical records

 

[WingsOverTX]

He must have been diagnosed if they are saying the needle sheaf in the dryer could have been his as he injected nsulin.

The size of the needle sheath would put that into question. I believe it is 3 inches long, which would be very large for an insulin needle.

JMO

 

[Skigh]

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 have never seen them dress in a way I would have thought appropriate for attending court. I think they way they have chosen to dress lacked respect and was deliberate.

 

[CGray123]

There's a lot of blame to go around on both sides in this case that got us to where we are.

But to say any of the behaviors were so egregious they merit letting a man who obviously disappeared his wife go free is simply absurd, IMO.

Addressing any errors or misconduct can be done by an astute judge without harm to justice. And even if one thinks Barry is innocent after careful review of currently known evidence, a fair-minded person would want it tested before a jury before letting him walk free.

What defendant in a capital case with domestic abuse has ever walked just because of the kind of errors seen here?

The errors would have to arise to the level of criminal action or intent for that to happen, IMO.

And they don't from what we know.

Just because things get messy in an imperfect world that includes unforseeable pandemic impacts, is no reason the need and right for justice to be declared null and void.

Mooooooooing loudly from outside a Colorado criminal courtroom closed to all except those present in person - the greatest injustice of all.

RBBM. I don't necessarily disagree, but the question has been asked before, and the above bolded idea is contrary to a millennium of Anglo-Saxon legal tradition holding that it is better that ten guilty go free than that one innocent suffer. This is the principle underlying our procedural fairness rules, including those relied upon by Judge L. Here's an article on the subject.

Is it Better that Ten Guilty Persons Go Free Than that One Innocent Person be Convicted?

 

[Seattle1]

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.

Thanks, @Cindizzi for linking the actual article by the reporter interviewing former DA Dan May.

Without referencing the Colorado Rules of Criminal Procedure, but only based on common law doctrine (res judicata), I agree with May's assessment that prosecutors face an uphill battle moving forward (by not first appealing to the Colorado Supreme Court to seek reversal of Judge Lama's sanctions eliminating 14/16 expert witnesses).

More specifically, the DA requested charges dismissed after the preliminary hearing and BM bound over for trial.

The dismissal, only days before the trial was set to commence, is not a complete do-over.

To be clear, make no mistake that even though the trial court did not find that the state prosecutor deliberately violated or failed to comply with any orders or deadlines, and did not find that the prosecutors' reasons for voluntary dismissal were pretextual, ....

Common law provides (protect the accused from discrimination and oppression) that the court must ensure that the state did not use its right to voluntarily dismiss the charges to avoid the consequences of the court's rulings on the motions in limine, to avoid the barring of prosecution's witnesses and evidence occasioned by the prosecutor's failure to disclose pursuant to Rule 16.

IMO, defense attorney IE's allegation that the prosecutor's motion (without prejudice) to be able to refile the case was because the prosecutor's intent was to obtain a different judge (i.e., judge shopping), I believe IE's statement should further serve as the defense's warning that they will fight tooth and nail that the court considers to "reimpos[ing] the sanctions" entered in the state's original action. . . hence an "uphill battle" for the prosecution to get the judge to agree to allowing the experts to testify.

MOO

Res judicata - Wikipedia

In common law jurisdictions, the principle of res judicata may be asserted either by a judge or a defendant.

Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the res judicata doctrine to preserve the effect of the first judgment.

Rule 7 - The Indictment and the Information, Colo. R. Crim. P. 7 | Casetext Search + Citator

When exercising its discretion in deciding whether to permit the direct filing of an information, the district court is required to balance the right of the district attorney to prosecute criminal cases against the need to protect the accused from discrimination and oppression. Holmes v. District Court, 668 P.2d 11 (Colo. 1983); People v. Sabell, 708 P.2d 463 (Colo. 1985).

 

[Seattle1]

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

Probably for the same reason we did not hear that SM had a needle port in her chest -- i.e., explanation per defense attorney IE as to why there might be a needle sheath recovered from the clothes dryer and nothing to do with a tranquilizer. JMO

 

[Love Never Fails]

He must have been diagnosed if they are saying the needle sheaf in the dryer could have been his as he injected nsulin.

Or they could have lied.