Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85

[Ontario Mom]

Different Defense team . Idk about which Court.

Exclusive: Barry Morphew attorneys to sue case investigators for false arrest, defamation

A national database of DNA samples taken from inmates showed the DNA was linked to a sex offender who now lives in Arizona, according to the notice of intent to sue filed by the law firm of Fisher and Byrialsen based out of Denver and New York City.

I must have missed something? When did Fisher and Byrialsen become Barry's attorneys?

 

[Cindizzi]

I must have missed something? When did Fisher and Byrialsen become Barry's attorneys?

They represent him in this new civil suit. AFAIK he still has E&N for his Murder Trial.

 

[DeDee]

It's pretty circumstantial sorta like the majority of Barry's case . I'm not so sure about Walker, but I suspect Lindsay didn't want to be caught up in prosecutorial misconduct and kill his career.

So, you do think JL is leaving because of the seemingly controversial DNA found in Suzanne's glovebox?

I'd much rather have a strong circumstantial case than one fraught with flawed eyewitness testimony. Given the isolated location of the Puma Path home, who could expect an eyewitness to have seen Barry chasing Suzanne while shooting chipmunks with an illegal firearm?
.

 

[Ontario Mom]

"In the notice, Morphew listed 26 investigators he intends to sue in “both their individual and official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley and agents from the FBI and Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead and look for other possible killers before focusing on Morphew." Exclusive: Barry Morphew attorneys to sue case investigators for false arrest, defamation

I don't follow many legal procedings so I'm not familiar with what this means. Suing someone both personally and professionally?

 

[kittythehare]

EXCLUSIVE: Barry Morphew attorneys to sue case investigators for false arrest, defamation

Pushing the boundaries to the moon and back..
Depressing!

 

[Cindizzi]

"In the notice, Morphew listed 26 investigators he intends to sue in “both their individual and official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley and agents from the FBI and Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead and look for other possible killers before focusing on Morphew." Exclusive: Barry Morphew attorneys to sue case investigators for false arrest, defamation

I don't follow many legal procedings so I'm not familiar with what this means. Suing someone both personally and professionally?

We need @Alethea and @gitana1 to look at this in their spare time.

 

[tmar]

Plus hopefully these tactics cost BM more attorney fees. Soon he will run out of money. I say bring it on, let his attorneys think of everything they can to soak him dry.

I agree.
Thoughts and actions of Greed are so important to BM.
Losing money now with attorney fees, will anger him.
He will continue fighting, as needs to be in control, until we hope, 'no monies left', and Justice is served for Suzanne.
This will be a long battle.
MOO.

 

[Alethea]

We need @Alethea and @gitana1 to look at this in their spare time.

I haven't looked at the papers and I don't practice in Colorado, but public officials are immune from suit for acts undertaken in their public positions within the scope of their jobs under the qualified immunity doctrine.

Federally, 42 U.S. Code § 1983 provides a private cause of action (right to sue) state and local authorities for deprivation of your liberties. The right to sue federal agents was established in the Supreme Court case Bivens v. FBI (1971). In response to this, there are a number of defenses (like qualified immunity) that LE can use in defense.

Suing personally and professionally is just a way to try to get around qualified immunity and hold the people responsible (if they can prove wrongdoing).

 

[Momofthreeboys]

We need @Alethea and @gitana1 to look at this in their spare time.

I am curious. It is why we carried umbrella liability insurance under the advice of the township legal team in addition to knowing the municipality would cover the legal end.

 

[Seattle1]

Does anyone have access to the entire article??? Other sources say this is part

Morphew’s civil attorneys say investigators knew the man’s identity as early as Aug. 2, a week before the evidence hearing in the murder case. The 10-page document says prosecutors waited until Morphew was ordered to trial before they released it to his defense team. In doing this, Morphew's attorneys contend, prosecutors “conspired to commit a fraud upon the court by withholding exculpatory evidence.”
The DNA issue did come up during Morphew's August evidence hearing. Colorado Bureau of Investigations agent Joe Cahill told Morphew attorney Iris Eytan that the DNA on the glove box is a partial profile.
Investigators collected several DNA samples amid a frantic search for Suzanne Morphew. Other unknown male DNA was also found on the grips of Suzanne Morphew’s bicycle, on her bike helmet and on sheets found in the Morphew’s dryer. None of these DNA profiles matched the DNA on the glovebox.

I don't care what the fellow with the "bad" DNA did to get his name in a database...it is not Exculpatory to the mountains of evidence pointing the other way.

My only question is the accusation of tunnel vision and Jury being swayed by that, missing that this "partial DNA" is nonsense. Is it safe to figure they investigated this person? It would hint at tunnel vision if they knew his name/ID and there was zero follow through IMO. It is my understanding this case hasn't been filed as of yet...it's a threat at this point. I hope this is nothing to do with Jeff Lindsay leaving, I would think the 26 investigators had a heads up and surely Lindsay was on that list. timing here stinks. the whole thing stinks!

E & N are paid the big bucks because they are both thorough and strategic. Take note they did not file this complaint -- it's another firm (civil attorneys) that are doing this. It's a technicalilty in a new law they are trying to exploit -- probably a test case. I'm sure they knew they were going to do this during the prelim. MOO

 

[Seattle1]

I am assuming just the Gazette (Colorado Springs and Denver). I've not seen any other media mentions and nothing has come through my Google alerts.

The headline does read "exclusive" -- it's a story by Carol McKinley (independent reporter) which she parked at the Gazette... sooner or later it will circulate.

 

[Seattle1]

From media thread:

Oct 19, 2021

[..]

Morphew was arrested May 5 on suspicion of murder almost a year after his wife’s disappearance. He was released on bail Sept. 20.

The documents filed by Morphew allege new information regarding male DNA found in the Range Rover, saying it was a possible match to serial sex offender in Arizona.

Morphew’s civil attorneys say investigators knew the man’s identity as early as Aug. 2, a week before the evidence hearing in the murder case. The 10-page document says prosecutors waited until Morphew was ordered to trial before they released it to his defense team. In doing this, Morphew's attorneys contend prosecutors “conspired to commit a fraud upon the court by withholding exculpatory evidence.”

The DNA issue did come up during Morphew's August evidence hearing. Colorado Bureau of Investigations agent Joe Cahill told Morphew attorney Iris Eytan that the DNA on the glove box is a partial profile.

Investigators collected several DNA samples amid a frantic search for Suzanne Morphew. Other unknown male DNA was also found on the grips of Suzanne Morphew’s bicycle, on her bike helmet and on sheets found in the Morphew’s dryer. None of these DNA profiles matched the DNA on on the glovebox.

“It’s Ramsey all over again,” said Grant, who was one of several prosecutors who gave advice in the unsolved 1996 killing of the JonBenet Ramsey. “The prosecution will have to contend with the DNA. It makes this case really tough because this DNA found on the glovebox represents a somewhat credible suspect.”

One issue in the Ramsey case centers on unidentified DNA found on her clothing.

Denver criminal defense attorney Ryan Brackley, who was a prosecutor in Denver and Boulder, said in the Morphew case, prosecutors will need legwork to overcome the DNA from the glovebox. To keep the focus on Morphew, they'll need an alibi for the man tied to the glovebox.

“If such a DNA profile was found in a missing woman’s car, and that DNA profile belongs to a sex offender, the lack of an explanation for how that profile got into the car of the missing woman would certainly provide a basis for a reasonable doubt that someone else committed the crime," Brackley said.

Morphew also has DNA issues to face.

“We’ve talked about where Barry’s DNA was not,” prosecutor Mark Hurlbert argued on the final day of the pevidence.

He countered that the defandant's genetic fingerprints were found in sveral places cruic to prosecution theories including his wife’s bicycle seat and on the driver's seat and door of the Range Rover.

During the August hearing, defense attorneys argued that prosecutors can't prove Suzanne Morphew is dead, much less that her husband killed her. Her body hasn't been found.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

 

[Seattle1]

EXCLUSIVE: Barry Morphew attorneys to sue case investigators for false arrest, defamation

10/19/21

[..]

The documents contend law enforcement and prosecutors could face civil liability for defamation and false arrest under new Colorado laws that in some cases lift legal shields that protect police from lawsuits.

Former Adams County prosecutor Bob Grant called the legal move unusual, but said it could grow more common as a tool to punish alleged police misconduct.

“I think we’ll see more and more of this,” Grant said. “I think they want to chill the effectiveness of law enforcement.”

In the notice, Morphew listed 26 investigators he intends to sue in “both their individual and official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley and agents from the FBI and Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead and looks for other possible killers before focusing on Morphew.

Stanley and Spezze declined comment Tuesday.

 

[Hazelnutty]

Ugh. He's going to drag his big Neanderthal foot out the car door the entire way to our destination.

Destination: Justice for Suzanne.

 

[Ontario Mom]

Ugh. He's going to drag his big Neanderthal foot out the car door the entire way to our destination.

Destination: Justice for Suzanne.

While that was a brilliant way to put it for sure, I'm not so sure it was Barry himself that came up with this idea.
I mean, we've seen how Barry plans things. This legal move just doesn't seem to be in his lane.

jmo

 

[DeDee]

From media thread:

Oct 19, 2021

[..]

Morphew was arrested May 5 on suspicion of murder almost a year after his wife’s disappearance. He was released on bail Sept. 20.

The documents filed by Morphew allege new information regarding male DNA found in the Range Rover, saying it was a possible match to serial sex offender in Arizona.

Morphew’s civil attorneys say investigators knew the man’s identity as early as Aug. 2, a week before the evidence hearing in the murder case. The 10-page document says prosecutors waited until Morphew was ordered to trial before they released it to his defense team. In doing this, Morphew's attorneys contend prosecutors “conspired to commit a fraud upon the court by withholding exculpatory evidence.”

The DNA issue did come up during Morphew's August evidence hearing. Colorado Bureau of Investigations agent Joe Cahill told Morphew attorney Iris Eytan that the DNA on the glove box is a partial profile.

Investigators collected several DNA samples amid a frantic search for Suzanne Morphew. Other unknown male DNA was also found on the grips of Suzanne Morphew’s bicycle, on her bike helmet and on sheets found in the Morphew’s dryer. None of these DNA profiles matched the DNA on on the glovebox.

“It’s Ramsey all over again,” said Grant, who was one of several prosecutors who gave advice in the unsolved 1996 killing of the JonBenet Ramsey. “The prosecution will have to contend with the DNA. It makes this case really tough because this DNA found on the glovebox represents a somewhat credible suspect.”

One issue in the Ramsey case centers on unidentified DNA found on her clothing.

Denver criminal defense attorney Ryan Brackley, who was a prosecutor in Denver and Boulder, said in the Morphew case, prosecutors will need legwork to overcome the DNA from the glovebox. To keep the focus on Morphew, they'll need an alibi for the man tied to the glovebox.

“If such a DNA profile was found in a missing woman’s car, and that DNA profile belongs to a sex offender, the lack of an explanation for how that profile got into the car of the missing woman would certainly provide a basis for a reasonable doubt that someone else committed the crime," Brackley said.

Morphew also has DNA issues to face.

“We’ve talked about where Barry’s DNA was not,” prosecutor Mark Hurlbert argued on the final day of the pevidence.

He countered that the defandant's genetic fingerprints were found in sveral places cruic to prosecution theories including his wife’s bicycle seat and on the driver's seat and door of the Range Rover.

During the August hearing, defense attorneys argued that prosecutors can't prove Suzanne Morphew is dead, much less that her husband killed her. Her body hasn't been found.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

While all of that is interesting, it also raises the question regarding Barry talking about moving to Arizona where this alleged sex offender resided at some point. Did he ever do work for Barry?

How can foreign DNA get onto clean bed linens from the clothes dryer? That's an oddity, too.
.

 

[Seattle1]

“If such a DNA profile was found in a missing woman’s car, and that DNA profile belongs to a sex offender, the lack of an explanation for how that profile got into the car of the missing woman would certainly provide a basis for a reasonable doubt that someone else committed the crime," Brackley said.

^^sbm

I think this allegation by BM's new, civil team joining his criminal defense is nothing but smoke and mirrors in that we've already been here and BM was not harmed.

BM was not harmed because it was this very evidence of a DNA profile belonging to a sex offender that caused Judge Murphy to cite that PEPG was not met by the prosecution, and BM, charged with capital murder, was allowed bail.

IMO, team BM already had this allegation in the works during the prelim and would have come out with automatic guns blazing had BM been denied bail. However, since Judge Murphy ruled that the state did not meet PEPG and BM granted bail, the allegation came out using a water pistol.

MOO

 

[sk716]

Can we crowdfund a billboard to put up near the courthouse that says:

Suzanne's car was not a crime scene.

The glove box DNA means NOTHING! Ask the defense team how many partial matches returned exactly.

#IndefensibleBarry #JusticeForSuzanne

 

[al66pine]

During her testimony, PG provided the court with a copy of her work appointments indicating that she would have been arriving home around 4 pm on the date of delivery.
It seemed to me that the package was properly delivered....
neighborly gesture was lost when PG realized that SD allegedly held the package for two days.
Also, nobody in court contested PG's account of the FedEx delivery....

@Seattle1 sbm
Thanks for your response to my post of yesterday.
Your info seems to nail SD's package pick up as not-so-altruistic after all. TYVM.

 

[Alethea]

Regarding the recent development of letter of intent filed on behalf of Barry, is it possible this event links to the departure of DA Lindsey and Lead Investigator Walker?

The three events appear to be coincidental but who believes in coincidences in murder cases? I suppose the three events could be totally separate from the intent to sue the 26 participants but I feel the need for more clarification.

I don't believe in coincidences like this. I think there may be tensions in the DA's office that we are not privy to. I will say IMO it is unorthodox how DA Stanley has gone on podcasts to discuss a case that she is actively in the middle of prosecuting. I imagine certain prosecutors in the office may have thought that was improper since prosecutors are supposed to be neutral and prosecute the cases that show up in front of them. You don't see people speaking about their active cases - you see lots of people talking about other people's cases.

Hearing about this lawsuit may have been the last straw for Lindsey. If you aren't sure you're on board with how the case is being prosecuted, you may not want to be there to defend yourself in a civil lawsuit either. JMO