Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #86

[swedeheart]

Lauren Scharf
@LaurenScharfTV

For those wondering where you can read #BarryMorphew court documents recently released, you can read all 400+ pages here: https://bit.ly/31KR23k
@FOX21News

 

[Love Never Fails]

Lauren Scharf
@LaurenScharfTV

For those wondering where you can read #BarryMorphew court documents recently released, you can read all 400+ pages here: https://bit.ly/31KR23k
@FOX21News

Thanks!

 

[Momofthreeboys]

I agree. They will not leave unsaid any argument they can ethically make. Especially because BM has the resources for them to do that and probably wants them to do that.

And, since the conviction rate goes down significantly on re-trial after a hung jury, I am sure the defense would see such a mistrial as a positive development. Not grounds for celebration perhaps, since BM wants a win - and wants something left of his small fortune at the end of the day - but obviously better than a conviction, which could be hard to overturn.

Statistically, hung jury mistrials are rare, especially in murder cases - although the precise figure can vary by jurisdiction (see the above article).

In this case, IMO the evidence will be compelling if properly presented, and if the judge doesn't permit the defense to engage in drama, argue with witnesses, misrepresent the evidence, etc.

I worry about that. IMO, in finding that the prosecution failed to establish PE/PG for purposes of bond eligibility, he took at face value the defense's apparent misrepresentation that the DNA evidence points directly to an alternate suspect who is a convicted sex offender. Prosecutors may have contributed to his mistake by failing to offer evidence about the meaning of a probable match, but still I am concerned that he won't be comfortable setting and enforcing appropriate limits on the defense.

I think the judge might have concerns about a mistrial so is holding very close to law. I think he is concerned about maintaining limits or he could have remanded the case back to the prosecution to tighten up and instead he bound it over for trial knowing there would be a slew of motions to get through. But I also think defense is going to hold prosecutions feet to the proverbial fire to run a by the book/law prosecution and they are going to go after anything and everything that doesn't meet prosecution's legal obligations on the case and I don't think defense is going to give up an inch with regard to hearsay evidence and will fight tooth and nail. In my opinion this is a judge who will stick very closely to case law and isn't the kind to set any precedence's. I think their intent to prosecute civilly was a warning shot. JL's leaving is an interesting twist. I guess I gotta start reading LOL.

 

[Love Never Fails]

I think the judge might have concerns about a mistrial so is holding very close to law. I think he is concerned about maintaining limits or he could have remanded the case back to the prosecution to tighten up and instead he bound it over for trial knowing there would be a slew of motions to get through. But I also think defense is going to hold prosecutions feet to the proverbial fire to run a by the book/law prosecution and they are going to go after anything and everything that doesn't meet prosecution's legal obligations on the case and I don't think defense is going to give up an inch with regard to hearsay evidence and will fight tooth and nail. In my opinion this is a judge who will stick very closely to case law and isn't the kind to set any precedence's. I think their intent to prosecute civilly was a warning shot. JL's leaving is an interesting twist. I guess I gotta start reading LOL.

I’m not sure of the judge in this case and how close he may be with the defense. (JMO and all that.)

And I’m not sure of the prosecution although I like LS.

I am sure that the defense attorneys have a reputation to uphold and that they will fight hard for BM even if they believe he is guilty.

I am also sure in the end a jury will find BM guilty of first degree murder. The defense just cannot explain away all the circumstantial evidence against him.

 

[10ofRods]

Perhaps Suzanne also needed to concoct an excuse for not answering the texts, so she runs up to grab the sheets off the daughter's bed, down to the laundry, plans to tell BM that she left her phone in the kitchen while doing this and just didn't see them right away. Or something in addition to the shower, both of which are plausible reasons not to catch a text.

Although, if their relationship had been on a near boil for a few days (and I do believe BM either knew or was highly suspicious about JL), he was probably used to her jumping at his every text, so this was a new behavior that certainly didn't sit well with him.

 

[Love Never Fails]

Perhaps Suzanne also needed to concoct an excuse for not answering the texts, so she runs up to grab the sheets off the daughter's bed, down to the laundry, plans to tell BM that she left her phone in the kitchen while doing this and just didn't see them right away. Or something in addition to the shower, both of which are plausible reasons not to catch a text.

Although, if their relationship had been on a near boil for a few days (and I do believe BM either knew or was highly suspicious about JL), he was probably used to her jumping at his every text, so this was a new behavior that certainly didn't sit well with him.

Both plausible. He must have made her “pay” for every thing he thought was a slight to him. It’s so hard to think of how miserable she had to be.

 

[Ontario Mom]

Lauren Scharf
@LaurenScharfTV

For those wondering where you can read #BarryMorphew court documents recently released, you can read all 400+ pages here: https://bit.ly/31KR23k
@FOX21News

Well... looks like we're going to need more coffee. Maybe some homicide lasagna for supper too.

 

[Megnut]

I just breezed through all four motion dumps.

I have a headache.

Thatsalottalegalese.

But all I got to say is, IMO if the Defense is saying Suzanne's still alive and all of Barry's actions are consistent with her returning, how's she going to feel to discover that she has no home, no car and Barry's living across the street with the neighborhood cleaning lady and all of her (Suzanne's) money?

As if.

JMO

 

[Momofthreeboys]

Well... looks like we're going to need more coffee. Maybe some homicide lasagna for supper too.

No kidding. Not to mention this is just the beginning of motions regarding hearsay...we'll be doing alot of reading between now and May if it makes it that far. The very large witness list itself -- I would wager a guess a goodly percentage of them have no desire to be cross examined by the defense team or that most likely defense are well underway compiling dossiers -- oh my goodness.

 

[Love Never Fails]

Well... looks like we're going to need more coffee. Maybe some homicide lasagna for supper too.

Yeah…a lot of reading so far!

 

[Love Never Fails]

I just breezed through all four motion dumps.

I have a headache.

Thatsalottalegalese.

But all I got to say is, IMO if the Defense is saying Suzanne's still alive and all of Barry's actions are consistent with her returning, how's she going to feel to discover that she has no home, no car and Barry's living across the street with the neighborhood cleaning lady and all of her (Suzanne's) money?

As if.

JMO

Ah but I do enjoy knowing Barry is spending his money on defense attorneys. They will make him pay to the utmost.

 

[nyvictoria]

Documents released in Barry Morphew murder case reveal behind-the-scenes details

In a motion for sanctions filed Aug. 2, Barry Morphew's attorneys contend that the prosecution knew about the possible suspect and didn't share their findings until after the four-day evidentiary hearings this past August.

In a response dated Aug. 3, District Attorney Linda Stanley admitted that when the alert went out June 2 regarding the discovery of a match between the glovebox profile and a sex offender in Arizona, the investigators assigned to the forensics didn’t do any work on it.

It’s unclear whether the prosecution ever followed up on the DNA lead.

In response to defense allegations that the prosecution is burying them with reams of documents, Stanley wrote that evidence in the case involves a terabyte of discovery that was delivered to Barry Morphew’s attorneys by an investigator on June 22, plus at least 86 DVDs, numerous CD’, flashdrives and external hard drives listed as being delivered since July. “Discovery is an ongoing process and will continue until the conclusion of the case,” Stanley wrote.

The investigation involves numerous hard drives that contain search warrants, witness interviews, DNA reports, cellphone records, surveillance video and telematics, or technology that shows GPS records of where a vehicle has been.

In a motions hearing scheduled for Tuesday afternoon, the defense plans to ask that the case against Barry Morphew, 54, be dismissed based on discovery and pretrial publicity issues.

I’m not commenting on the alleged discovery violation re the DNA because that hasn’t been adjudicated yet but it’s pretty rich that the defense is annoyed by the mountain of evidence they are getting.

IMO they must not have much of a defense for poor old Barry.

 

[nyvictoria]

He did exactly what so many other murderous husbands have done. Distance himself from the scene, give LE a vague account of “ she was asleep when I left home “, manipulate someone else to report her missing, etc.
LE thought she might have been gone Friday night until they found her texts with JL.

Textbook. He should have paid more attention to those true crime podcasts.

 

[citygirl]

Wow. Will they actually call all these witnesses?

 

[Momofthreeboys]

I’m not commenting on the alleged discovery violation re the DNA because that hasn’t been adjudicated yet but it’s pretty rich that the defense is annoyed by the mountain of evidence they are getting.

IMO they must not have much of a defense for poor old Barry.

I got the impression that it was more about the disorganization and late delivery and in some cases missing information than the volume. The volume was alot which they acknowledged several times...but they were spending time organizing it and they were getting it late. I also read or interpreted that they were concerned about some of the conversations taking place with witnesses and on social media channels. So far I'm not seeing anything specific in the motions regarding DNA....but I am seeing a subpoena back and forth challenge regarding JL which may be related. Perhaps I am misreading their motions and I have not read every single page

 

[Seattle1]

I’m not commenting on the alleged discovery violation re the DNA because that hasn’t been adjudicated yet but it’s pretty rich that the defense is annoyed by the mountain of evidence they are getting. IMO they must not have much of a defense for poor old Barry.

E & N love the discovery violation angle as it's guaranteed to get them the most clock time in front of the judge and their allegations are usually over the top. This is no surprise -- they started out this way! (Don't forget they tried to bargain down BM's charges in exchange for tardy discovery and this during their initial appearance)!!

The new Deputy DA Edwards actually skirted around the question of how perhaps this was not so much about good faith Discovery effort but harassing the prosecutor. (Oct-Nov doc batch, pg 76/77).

 

[Seattle1]

Wow. Will they actually call all these witnesses?

Not likely. The witness list for PH was about 18 witnesses and I believe they called four. This is about giving the defense adequate notice of who might be called that they can be prepared. Take note that the defense is not required to hand over their witness list until March 2022.

 

[MassGuy]

Here in Chaffee County where there is a motions hearing in the Barry Morphew case today. I will live tweet if possible. @KDVR

https://twitter.com/fierronicole/status/1458155800690634762?s=21

 

[Lyanna]

Is there another link for the items that Lauren tweeted about?


It says access denied

 

[Ontario Mom]

Is there another link for the items that Lauren tweeted about?


It says access denied

https://www.fox21news.com/wp-conten.../Public-Documents-May-2021-thru-June-2021.pdf
https://www.fox21news.com/wp-conten...blic-Documents-July-2021-thru-August-2021.pdf
https://www.fox21news.com/wp-conten...blic-Documents-Sept-2021-thru-Oct-15-2021.pdf
https://www.fox21news.com/wp-conten...lic-Documents-Oct-15-2021-thru-Nov-5-2021.pdf