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

[Cindizzi]

One other thought...this is a civil trial...so we are dealing with an entirely different judge and court...correct?

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.

 

[AmandaSkis]

I doubt it. This would have surely been the defense's idea, and it's purpose probably isn't to win.

It creates news, and helps the defense when it comes to influencing future jurors. It changes the narrative, and will generate favorable publicity.

It is absolutely impossible for this DNA to actually be exculpatory. It wasn't exculpatory when it had yet to be identified, and it isn't exculpatory now that it has.

Also, this was in her car, and not in her bicycle or something relevant.

I can't wait to find out who this guy is though, and I'm confident he'll be able to be excluded.

I see this as a move projecting weakness, but smart nonetheless.

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.

 

[Momofthreeboys]

the person who partially matched can be eliminated based upon his or her whereabouts being verified as elsewhere on that date...same as JL.

Sure and the question is did investigators follow up or were they so focused on Barry they didn't follow up anything but what they needed/wanted to arrest Barry. I can't decide if the entire prosecution is sloppy or covert. They could have covered their rears by getting an alibi from a named suspect no matter how far fetched they thought it was. But they didn't...so sloppy or covert? It's really anyone's guess.

 

[Momofthreeboys]

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.

There's a chance he's not paying the attorneys who filed the letter of intent up front or perhaps some sort of retainer.

 

[Lyanna]

There's a chance he's not paying the attorneys who filed the letter of intent up front or perhaps some sort of retainer.

Civil Rights Law | Law Offices of Fisher and Byrialsen

According to their website, on cases of civil right they are paid when a case is successfully litigated or settled
Criminal case fees are based on upfront retainer

Ebm

 

[Momofthreeboys]

Civil Rights Law | Law Offices of Fisher and Byrialsen

According to their website, on cases of civil rights (haven't read the criminal case), they are paid when a case is successfully litigated or settled

I suspected that...and the case is not filed yet. All that has occurred is a letter of intent to sue went out and was released to one new outlet (the one that has extended coverage outside of the greater Denver area).

 

[waldojabba]

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.

IMO and as far as I can tell, there is nothing filed, so there is not any kind of suit yet in any kind of court. The article linked above mentions "Legal papers sent". After reading the article I have no idea where those "legal papers" were sent. I checked twitter/google etc to see if anyone else has the story in MSM and not a peep. Very curious . As everyone else has mentioned, in different ways, I suspect this article is meant to create a buzz and also may be a trial balloon of sorts. It remains to be seen if any actual legal action will be occur.

From the article posted by @Cindizzi above

"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." BBM - IMO they are not actually facing anything yet

 

[Momofthreeboys]

IMO and as far as I can tell, there is nothing filed, so there is not any kind of suit yet in any kind of court. The article linked above mentions "Legal papers sent". After reading the article I have no idea where those "legal papers" were sent. I checked twitter/google etc to see if anyone else has the story in MSM and not a peep. Very curious . As everyone else has mentioned, in different ways, I suspect this article is meant to create a buzz and also may be a trial balloon of sorts. It remains to be seen if any actual legal action will be occur.

From the article posted by @Cindizzi above

"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." BBM - IMO they are not actually facing anything yet

Notice of Intent....it is a pre-action written notice/letter of an intention to commence legal action, putting the recipients of the letter "on notice". All of those people have some qualified immunity but not absolute immunity so perhaps "newer" Colorado legislation codifies some boundaries. Perhaps the national focus on law enforcement integrity comes with some unintended consequences?

 

[waldojabba]

I suspected that...and the case is not filed yet. All that has occurred is a letter of intent to sue went out and was released to one new outlet (the one that has extended coverage outside of the greater Denver area).

Do you have a source/link that supports your post that the Letter of Intent to sue went out and was released to one news outlet? ? I may have missed it in the two articles I found in MSM - appreciate it @Momofthreeboys

 

[waldojabba]

Notice of Intent....it is a pre-action written notice/letter of an intention to commence legal action, putting the recipients of the letter "on notice". All of those people have some qualified immunity but not absolute immunity so perhaps "newer" Colorado legislation codifies some boundaries. Perhaps the national focus on law enforcement integrity comes with some unintended consequences?

Thanks for the description. A notice of intent to sue, in my world, is usually sent out before a lawsuit is filed in an effort to resolve the issue out of court. So what are you saying is BM's end game? I am wondering in this case if the notice of intent to sue was purely drafted to leak to the press? Does that happen ?

 

[sk716]

I looked up the noise level of a Bobcat skid steer. The manufacturer says it's 86 dB inside the thing (operator's perspective) or 96 dB total (someone standing just outside the machine's perspective). That's pretty loud, roughly as loud as a tablesaw. Would a neighbor in residence notice this noise if operating 1 mile away?

Between the terrain and the trees and it being the middle of the night, it's unlikely the neighbors would have heard a Bobcat on the mountain. If someone had been standing outside on the Cushman property the sound might have been carried there, but would have been pretty dampened. I doubt the Ritter's could have heard anything even if they had been outside.

 

[sk716]

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

I really, really hate this kind of attorney. Defend your client, that's your job, don't turn it into a circus because your client is indefensible.

 

[sk716]

Sure and the question is did investigators follow up or were they so focused on Barry they didn't follow up anything but what they needed/wanted to arrest Barry. I can't decide if the entire prosecution is sloppy or covert. They could have covered their rears by getting an alibi from a named suspect no matter how far fetched they thought it was. But they didn't...so sloppy or covert? It's really anyone's guess.

The investigating officers followed every trail. Everyone complains about how long the AA was, it was because they interviewed every-freaking-body. They added totally irrelevant crap because they HAD to follow the lead and wanted to prevent this kind of idiotic wagging of the dog.

 

[Scootie98]

The investigating officers followed every trail. Everyone complains about how long the AA was, it was because they interviewed every-freaking-body. They added totally irrelevant crap because they HAD to follow the lead and wanted to prevent this kind of idiotic wagging of the dog.

can probable cause even be established based upon partial DNA, absent other evidence?

 

[Momofthreeboys]

Do you have a source/link that supports your post that the Letter of Intent to sue went out and was released to one news outlet? ? I may have missed it in the two articles I found in MSM - appreciate it @Momofthreeboys

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.

 

[Momofthreeboys]

can probable cause even be established based upon partial DNA, absent other evidence?

Sure, it's about what the jury thinks, how well the prosecution presents, how well the defense cross examines...but sure it could happen.

 

[DellaC]

DNA. Education, Prosecutors & Laypeople?
@DellaC
192 page publication from 2012 "DNA for the Defense Bar" - https://www.ojp.gov/pdffiles1/nij/237975.pdf

A Google search "dept of justice dna prosecutor training materials" provided many hits.

For ex, a 2016 publication summarized: "Principles of Forensic DNA for Officers of the Court” is a 15-module -tutorial developed to educate prosecutors, defense attorneys, and judges on DNA analysis and the legal issues surrounding the use of DNA in the courtroom. Although developed with the criminal justice community in mind, the course, which can be accessed at www.dna.gov, will also interest the general public." bbm

BTW, result w www.dna.gov: "This site can’t be reached." But I believe DOJ has other "plain language" info lay people/gen public, at least insofar as DNA can be explained in plain language.

Thanks, @al66pine

 

[Momofthreeboys]

The investigating officers followed every trail. Everyone complains about how long the AA was, it was because they interviewed every-freaking-body. They added totally irrelevant crap because they HAD to follow the lead and wanted to prevent this kind of idiotic wagging of the dog.

In my opinion what was in or not in the AA wouldn't have mattered because everything is in the disclosure. Typically you put in an AA just enough to get a judge to sign off. If there was a short AA, defense still would have zeroed in on any loose ends or untimely delivery of discovery or anything at all in the discovery that grabs their fancy. The volume of discovery is not an issue. The length of the AA was to some extent just because it was highly unusual, but the purpose of the two are not entirely related in my opinion. These ladies, in my opinion, are not the type to look the other way and they or their staff will read every word and look at every image in the discovery.

 

[DeDee]

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.

 

[Momofthreeboys]

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.

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.