Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #82

[10ofRods]

We discussed the consequences of a hung jury a couple of times, but I personally have nothing but anecdotes from my friends as to how frequently hung jury mistrials happen in murder cases, and how many ultimately result in convictions either through plea agreements or trial.

There's a very old (44 years old) study of hung jury mistrials in California courts of the most populous jurisdictions. The study of felony cases of all types found:

"DURING THE PERIOD OF STUDY, A LITTLE MORE THAN 12 PERCENT OF THE FELONY CASES RESULTED IN HUNG JURIES. HUNG JURY DEFENDANTS WERE NOT VERY DIFFERENT FROM OTHER DEFENDANTS. ... THE JURIES APPEARED TO DISAGREE IN FAVOR OF CONVICTION MORE THAN TWICE AS OFTEN AS IN FAVOR OF ACQUITTAL. NEARLY TWO-FIFTHS OF ALL THE JURIES RESULTED IN AN 11-1 OR 10-2 SPLIT.... WHEN A MISTRIAL DID OCCUR, 40 PERCENT OF THE CASES WERE DISMISSED; 34 PERCENT WERE RESOLVED BY GUILTY PLEAS; AND 26 PERCENT WERE RETRIED. WHEN THERE WERE RETRIALS, 18 PERCENT WERE CONVICTED, AND 8 PERCENT WERE ACQUITTED."

I don't take Judge Murphy's decision to mean that the prosecution lacks a strong case, but since the some of us think otherwise and the possibility of a holdout juror has been raised, we should have at least some data.

@10of'Rods may have something more up to date.

Ha - I almost always have more to say, right?

Colorado's practice of "lesser included charges" is designed to help those hung juries. If the jury is deliberating after instructions about Murder One and they are deadlocked with, say, 3 jurors saying nay, then the Judge is likely to given them instructions for Murder Two (both kinds). That often helps the jury reach consensus, because it's still murder, it's still a stiff sentence, and the people who think it's Murder One can be persuaded, hopefully, that the consensus will work.

I personally am not all that optimistic about Murder One charges in this case. I see that the prosecution is strongly pushing the "May 6th" beginning for the premeditation, but I still think Barry was in the process of finding out about JL (which he denied to LE - but heck, Barry is a lying liar - he can change that statement to his defense team). He reads her journals, he sees some photos, and some of them are nudes, he may even have grabbed her phone from her as she was sexting.

I wouldn't be surprised if the defense comes round to that line, once they see he's going to be convicted for her death in some fashion.

 

[Momofthreeboys]

Modern ankle monitors are waterproof and designed mostly for house arrest (so yes, the person can bathe).

For most criminals, the entire system would not work as the Court intends if the person could take the thing off themselves. They are, as mentioned above, generally not removable.

I worry that the radio signals in Chaffee County are not at all reliable though (and I find the Judge lacking in common sense in that regard - so I hope he's reading here...)

Yes since it is farmed out and contracted to providers one has to hope they have dealt with mountain country . I think the provider employees are the ones that put them on and take them off.

 

[Megnut]

He is free to resume his work.

Maybe there's abundant demand for the one-tree-five-rocks asthetic.

It'll be a real test of his character IMO if he can stay out of trouble over this next span of months. Work hard, follow the law.

To be clear, I want Barry to have the fairest of trials. But I also want him to be there for it.

And everyone on the witness list.

No more "hunting chipmunks."

JMO

 

[Seattle1]

Excluding bail, can anyone hazard a guess as to what is this defense is going to cost Barry?

One of E&N's clients was quoted in a story about his case that his legal bill was more than $400k. His case was not complex -- a bad decision to take to the grand jury for charges where the jury found the defendant not guilty quicker than his attorneys could finish their lunch. MOO

 

[10ofRods]

Probably no body local that would go to the courthouse think he is innocent. I think he will be left alone as he was the year after she went missing with the exception of some occasional paparazzi and it will take them awhile to figure out where he is living.

I don't think it will take people any time at all to figure out where he is living.

 

[Lyanna]

What are the chances BM may give interviews about how innocent he is and how LE messed up from the start?

 

[kittythehare]

What are the chances BM may give interviews about how innocent he is and how LE messed up from the start?

Slim, I'd imagine.

 

[Lyanna]

Slim, I'd imagine.

Yea, I know

but, he is a twonk who appears to think he's above everything, so I wonder if his ginormous misplaced ego would think its a good idea

 

[kittythehare]

Yea, I know

but, he is a twonk who appears to think he's above everything, so I wonder if his ginormous misplaced ego would think its a good idea

I think his expensive attorneys will be doing his thinking for him.
He will do as they advise.

 

[sk716]

It would be SO helpful if the guy with the partial DNA is arrested between now and the trial.

The partial DNA is smoke and mirrors by the defense. It hit as a minor partial on three people in CODIS but literally 1000's of people not in a crime database. It was probably a guy who changed the oil or vacuumed the floor the last time she had it serviced.

 

[waldojabba]

That ankle bracelet is seriously the least of his problems. I would bet money he plays everything by the book. His attorneys are putting great emphasis on his history so they have probably laid down how this is going to play out the next 8 months. It is wishful thinking that he will screw up but I am not taking that bet.

IMO It is not wishful thinking but rather very insightful prediction that BM will act out and screw up. You know , cuz like, why is it fair he has to follow the rules ? Past behavior is the best predictor of future behavior - imo

 

[dkryder]

the thing i'm having the most problem with is reportedly the judge stated that the DNA evidence in the car was sufficient evidence for a juror to think someone else did the murder. that's lame imo and will just work it's way into the jury pool. so prosecution could lay out great strong case and the defense says nothing but one line about dna in car and some juror grabs onto it. MOO.

 

[Deleted member 222031]

BM might use his daughters in many ways but I cannot see him directly involving them in a blatantly criminal offence.

I can. In Barry's world it's all about him. Suzanne is no longer around to run interference with/for her daughters.

It's really a shame they are so young with adult lives just starting. MM1 seems to have to take on a lot of responsibilities that I think would be a burden on anyone in this situation. Signing for the guardianship of her missing mother was just the beginning.

Just think if they "step out of line" how their father's sisters and mother will react. With no apparent close ties to the Moormans, the pressure could be very intense with no wise counsel to turn to without feeling like a traitor.

BM's collateral damage already has devastating, lasting effects. And he hasn't changed. It will always be about him & the manipulation and gaslighting (or worse) may not be recognized by them for years. Maybe not even until they reach his age.

I despise him for that.

JMO

 

[girlhasnoname]

With the PH over, I'm very interested in learning from profilers now. I think BM would consider death by cop versus life in prison but I don't think he'd commit suicide -- although he's allegedly threatened for years.

ETA: Always BM the victim, martyr.

Agreed, his 'religion' wouldn't allow him to commit the ultimate sin of suicide IMO, and you know BM likes to spin the tale of being just a Godly, good ole' family man.

I don't think BM would do a Fotis, but I do think he'd plan to flee and he definitely has the money and resources to do it.

What a slap in the face is it that $$$ made from the sale of PP is probably financing his very pricey defense?!

MOO

 

[Murphy1950]

the thing i'm having the most problem with is reportedly the judge stated that the DNA evidence in the car was sufficient evidence for a juror to think someone else did the murder. that's lame imo and will just work it's way into the jury pool. so prosecution could lay out great strong case and the defense says nothing but one line about dna in car and some juror grabs onto it. MOO.

The way I see it dkryder is the judge laid it out... so the prosecutors can be on top of it and know what will give some jurors a major problem. No doubt the judge has talked to a lot more jurors than any of us. Basically they've been warned that a lot of people are ignorant when to comes to the meaning of DNA and partial DNA etc. I trust the judge does know better...but realized the average Joe may get caught up on that point. The ball is in the prosecutors court to overcome that BS. IMO. I did share your concerns originally. Fair enough.

 

[girlhasnoname]

the thing i'm having the most problem with is reportedly the judge stated that the DNA evidence in the car was sufficient evidence for a juror to think someone else did the murder. that's lame imo and will just work it's way into the jury pool. so prosecution could lay out great strong case and the defense says nothing but one line about dna in car and some juror grabs onto it. MOO.

The State will have to address that at trial with an expert and a logical explanation because you know it will be a HUGE deal for the Defense.

 

[girlhasnoname]

The way I see it dkryder is the judge laid it out... so the prosecutors can be on top of it and know what will give some jurors a major problem. No doubt the judge has talked to a lot more jurors than any of us. Basically they've been warned that a lot of people are ignorant when to comes to the meaning of DNA and partial DNA etc. I trust the judge does know better...but realized the average Joe may get caught up on that point. The ball is in the prosecutors court to overcome that BS. IMO. I did share your concerns originally. Fair enough.

*jinx*

 

[waldojabba]

Agreed, his 'religion' wouldn't allow him to commit the ultimate sin of suicide IMO, and you know BM likes to spin the tale of being just a Godly, good ole' family man.

I don't think BM would do a Fotis, but I do think he'd plan to flee and he definitely has the money and resources to do it.

What a slap in the face is it that $$$ made from the sale of PP is probably financing his very pricey defense?!

MOO

I think all bets are off with this guy.
His “religion” did net get in his way when he murdered Suzanne. Religion only suits him when it reinforces his narrative.
I agree the prosecution needs to up their game but they have time and hopefully LS is feeling the heat. So BS cannot coast on the feeling of confidence he has at the moment.
His chances of Guilty verdict in my mind are very high when the info is presented properly. I sense BM does not want to find himself back in jail for a long haul guilty verdict.
So IMO there are many options - plea, leave the country, some type of suicide or “ accident” and maybe even things we have yet to consider.
I feel a bumpy ride coming - all speculation by me of course

 

[Alethea]

Standards of Proof

•Proof evident, presumption great: burden is on the prosecution to show by testimony and/or real evidence that there is no question of the defendant’s guilt

–The standard of proof required for a judicial officer to deny bail in cases involving capital felonies

Standards of Proof Proof evident presumption great burden is on the prosecution | Course Hero

Thanks for posting this. The prosecution knew this going into this hearing. I don't understand the thought that keeps surfacing on this thread that the state is withholding some big important evidence for the trial. They're just not. They had to put up their best evidence here to try to keep someone that they allege is a cold-blooded murderer in jail.

If they withheld evidence to make for a splashier trial and BM harmed someone else while out on bail, it would blow up in the state's face. I don't think they would ever risk something like that. It's not a movie, they don't need twists and turns. I think the evidence is just the evidence.

 

[Alethea]

Ha - I almost always have more to say, right?

Colorado's practice of "lesser included charges" is designed to help those hung juries. If the jury is deliberating after instructions about Murder One and they are deadlocked with, say, 3 jurors saying nay, then the Judge is likely to given them instructions for Murder Two (both kinds). That often helps the jury reach consensus, because it's still murder, it's still a stiff sentence, and the people who think it's Murder One can be persuaded, hopefully, that the consensus will work.

I personally am not all that optimistic about Murder One charges in this case. I see that the prosecution is strongly pushing the "May 6th" beginning for the premeditation, but I still think Barry was in the process of finding out about JL (which he denied to LE - but heck, Barry is a lying liar - he can change that statement to his defense team). He reads her journals, he sees some photos, and some of them are nudes, he may even have grabbed her phone from her as she was sexting.

I wouldn't be surprised if the defense comes round to that line, once they see he's going to be convicted for her death in some fashion.

I agree with you, I think the state's biggest problem is that the alternative theory for Murder 2 would be very plausible to a jury. A husband walking in on his wife of many years sending bikini pictures to another man is a Lifetime Murder Mystery plotline. I think the challenge will be convincing the jurors that this was planned before he walked in on her texting. It will be interesting to see if the defense is going to stick with the idea that he has no idea what happened or if they will directly address some type of heat-of-passionate explanation to help the jurors away from Murder 1.

I think the state needs to spend this time walking through a very smooth, very comprehensive theory. The presentation can't be disjointed or haphazard. They need the story to flow enough for the jurors to truly believe them that this is exactly what happened.