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

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  • #681
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

I believe we're accustomed to the canned response from both prosecutors and mostly public defenders that typically respond with "it's our policy not to comment on active cases" which I think is typical and most acceptable. I also think such a policy is deemed safe and good where you never have to worry about letting something slip.

However, to be fair to DA Stanley, I'm not aware of her doing podcasts. I believe she's appeared as a guest on Profiling Evil (PE) (a WS preapproved channel) youtube episode where she made it perfectly clear that she was prevented from commenting on anything about the case that was not already in the public domain. And when taking questions, I believe both the hosts and the public respected this.

What I personally recall from DA Stanley's appearance on PE was nothing about BM's case but her providing how double jeopardy does not attach to federal court (i.e., jeopardy only attaches, or applies, to prosecutions of the same criminal acts by the same sovereign, or governments). Long after BM is forgotten -- I know I'll still recall this information and where I learned about it). :)

As for blubbering defense attorneys and podcasts and interviews -- that's easy. Seems Norm Pattis easily comes to mind!

MOO
 
  • #682
I believe we're accustomed to the canned response from both prosecutors and mostly public defenders that typically respond with "it's our policy not to comment on active cases" which I think is typical and most acceptable. I also think such a policy is deemed safe and good where you never have to worry about letting something slip.

However, to be fair to DA Stanley, I'm not aware of her doing podcasts. I believe she's appeared as a guest on Profiling Evil (PE) (a WS preapproved channel) youtube episode where she made it perfectly clear that she was prevented from commenting on anything about the case that was not already in the public domain. And when taking questions, I believe both the hosts and the public respected this.

What I personally recall from DA Stanley's appearance on PE was nothing about BM's case but her providing how double jeopardy does not attach to federal court (i.e., jeopardy only attaches, or applies, to prosecutions of the same criminal acts by the same sovereign, or governments). Long after BM is forgotten -- I know I'll still recall this information and where I learned about it). :)

As for blubbering defense attorneys and podcasts and interviews -- that's easy. Seems Norm Pattis easily comes to mind!

MOO

The Profiling Evil episode was to recap the preliminary hearing and DA Stanley certainly gave her opinion on Barry, the case, what's next. I'm not offering my personal opinion on what she should do but appearing on a YouTube channel that has been essentially dedicated to the biggest case you are prosecuting is unorthodox. Defense attorneys do not have the awesome power of the state behind them so when a defense attorney speaks, there isn't the same risk that the public will assume the official state or county government is speaking.


I own my own law firm now and I do a lot of unorthodox things now that I don't have to follow big corporate rules. So I am not saying forging your own way and a new relationship with social media and YouTube is necessarily bad, but it is certainly different.
 
  • #683
The Profiling Evil episode was to recap the preliminary hearing and DA Stanley certainly gave her opinion on Barry, the case, what's next.
^^rsbm

Actually, I think the title by PE is misleading. The episode was mostly "choir practice" dedicated to asking the host anything where LS did not appear until about the 33-minute mark and logged off after 30+ mins,, and where the show continued for another 20 minutes without her.
 
  • #684
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.
I don’t recall if this was ever brought up during the preliminary hearings but what are everyone’s thoughts on the defense insinuating the needle sheath cover was planted by CBI/LEO?
 
  • #685
I don’t recall if this was ever brought up during the preliminary hearings but what are everyone’s thoughts on the defense insinuating the needle sheath cover was planted by CBI/LEO?
Yes --I recall the defense was so blatant here that on redirect, the prosecutor flat out asked the investigator, under oath, if he planted the sheath in the dryer!
 
  • #686
Hi Websleuths friends, please see attached. We will decorate a Christmas tree in honor and memory of our beloved Suzanne in Salida this holiday season. And you can participate as well, if you like, by sending an ornament. Please let me know if you have any questions. Thank you so much for reading and considering! #shinebrightforsuzanne
 

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  • #687
Yes --I recall the defense was so blatant here that on redirect, the prosecutor flat out asked the investigator, under oath, if he planted the sheath in the dryer!
I was waiting for them to file a motion to suppress evidence.
 
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  • #688
Hi Websleuths friends, please see attached. We will decorate a Christmas tree in honor and memory of our beloved Suzanne in Salida this holiday season. And you can participate as well, if you like, by sending an ornament. Please let me know if you have any questions. Thank you so much for reading and considering! #shinebrightforsuzanne
NoSi, that’s wonderful to see. Keeping Suzanne’s spirit alive!
 
  • #689
NoSi, that’s wonderful to see. Keeping Suzanne’s spirit alive!

Yes, i agree @Janeumayer! Tisha was Suzanne's hairstylist and friend and has been arranging/organizing the memorial, birthday balloon release etc. This was her idea and it is such a great one as we can all participate. Tisha is a incredible person. :)
 
  • #690
Dbm
 
  • #691
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
Wouldn't they need a "not guilty" verdict on his current charges before BM and his lawyers can claim LE screwed up?
 
  • #692
Wouldn't they need a "not guilty" verdict on his current charges before BM and his lawyers can claim LE screwed up?
I believe they would be treating this similar to a wrongful death case where the defense files the case in civil court prior to a verdict in criminal case (because of the statute of limitations attached to civil charges), and the case will not be heard until after criminal case concludes. Also, it's my understanding that nothing has been filed -- only a letter of intent. MOO
 
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  • #693
dbm
 
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  • #694
Unimportant but interesting to me, so thought I'd share :)

Morphew meaning or 1 of them, another I found was in reference to skin blemishes .

This most interesting and unusual surname is of Old French origin, and probably originated as a nickname for one who was thought to be a spellbinder or a particularly mischievous person, from the Latin "male-fatus", and "male-fatutus", meaning "unfortunate" or "ill-omened", a term of abuse applied to the Saracens and the devil", and which gave rise to the Old French forms "malfe", "malfeu".

Read more: Surname Database: Morphew Last Name Origin
 
  • #695
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
My apologies for repeating myself....but I am much curious about how this will, imo, backfire on Barry. He has the right to remain silent in the murder case, and doesn't have to testify in his own defense. But would that not be the case in a civil court? He will in fact be deposed, correct? He will not enjoy the same protections in a civil matter. He would be compelled to testify. Isn't this correct?
 
  • #696
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
There are likely partial matches all over the property...keep in mind other people lived there, and had their own friends and family coming and going....before the Morphews. This is truly chasing rabbits...
 
  • #697
^^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
I hear you Seattle...but the harm cited is in the arrest itself, not the jailtime....correct?
 
  • #698
Wouldn't they need a "not guilty" verdict on his current charges before BM and his lawyers can claim LE screwed up?
We are in some deep legal waters with this....While on the one hand, I think this maneuver could backfire on BM....there is another angle that I would suggest, and I don't like it. I refer back to the issue of insurance. And it goes like this. Professional and personal liability insurance is designed to protect the individual. We don't know to what extent the 27 were insured. What I do know is this....most of those contracts have clauses whereby the insurance company reserves the right to settle. And they do this to limit their monetary damage and exposure. In fact, they can and will settle over the objections of their insured....happens all the time in automobile accident disputes and malpractice cases. In a case like this....if an insurance company chose to settle with the civil plaintiff....it would appear as a victory for Barry....that "victory" could, and, imo, would carry over into the criminal case. I am not a lawyer....but I spent 28 years in the insurance business....and have seen plenty of settlements. The insurance company reserves the right to settle....that is a stickler here that should not be ignored....imo.
 
  • #699
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.
Can you point me to link of Walker leaving please? I’ve gone over and over the posts but can’t find this. This is concerning news, is it not?
 
  • #700
Can you point me to link of Walker leaving please? I’ve gone over and over the posts but can’t find this. This is concerning news, is it not?
I’m glad you are asking this because I am confused. From looking back at the Prelim in August, I remember that AW was the first witness called, that he wrote the AA and that he USED to be an Investigator with the DA’s office when this case first began.

https://twitter.com/laurenscharftv/status/1424738170235756547?s=21
FIRST WITNESS: Commander Alex Walker is taking the stand. He works for the Chaffee County Sheriff's Office. He has worked for the 11th Judicial District as well. DA Linda Stanley is asking questions about his history. #BarryMorphew
preliminary hearing.
 
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