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

[Momofthreeboys]

Here's an update to the surveillance camera case from Colorado I just located.Colorado Supreme Court finds CSPD officers violated constitutional privacy rights, reverses convictions against 2 men - KRDO

 

[Seattle1]

Ashley Franco@AshleyKKTV

Eytan says now the prosecution is saying she is breaking a law by talking to witnesses and investigating. She says the bottom line is there is a black hole and that's any evidence pointing away from #BarryMorphew killing #SuzanneMorphew.
@KKTV11News

1:09 PM · Nov 9, 2021·T

Eytan says the goal today is to call witnesses to see what discovery defense did not receive, why they didn't receive it if someone told them to hide it, and what is still out there that defense has not seen. #BarryMorphew #SuzanneMorphew
@KKTV11News

1:15 PM · Nov 9, 2021·

Prosecutors say that they are not sure why the defense is bringing this on in the last few days because he says that some of the discovery was just returned in the last few days. They say they are re-doing the discovery and should have a new copy in the coming days.
@KKTV11News

1:17 PM · Nov 9, 2021·

Prosecutors say the
@4thJudicialDA
is providing them resources to help re-do the discovery since there have been so many changes. The 4th Judicial represents El Paso and Teller Counties.
@KKTV11News
#BarryMorphew #SuzanneMorphew

1:19 PM · Nov 9, 2021·

Eytan says they still do not have emails, texts, DA reports and interviews on DNA matches, follow-up lab reports, and several other things pertaining to the discovery in the case. #BarryMorphew #SuzanneMorphew
@KKTV11News

1:22 PM · Nov 9, 2021

Jeff Lindsey is now present via WebEx. They're having a few technical difficulties so we're working things out now. #BarryMorphew #SuzanneMorphew
@KKTV11News

1:30 PM · Nov 9, 2021

No luck with tech issues. We're moving on to Agent Megan Duge with CBI. She works in the forensic biology section. She has reviewed work in this case as well. #BarryMorphew #SuzanneMorphew
@KKTV11News

1:37 PM · Nov 9, 2021·

Eytan hands Agent Duge a report for the #BarryMorphew case. She's asking her more about her role in the case. She's discussing the calls and conversations she had with people from the DA's office.
@KKTV11News

1:46 PM · Nov 9, 2021

Agent Duge talks about searching for profiles in CODIS and how DNA casework works and what the difference is between it all. She says it was an extensive conversation about CODIS because they were working to prepare her for an expert to testify in the prelim.
@KKTV11News

1:49 PM · Nov 9, 2021

Agent Duge talking about conversations she had with several people from the Chaffee County Sheriff's Office, DA Office, and FBI about what had been tested and what had not been tested in the case.
@KKTV11News
#SuzanneMorphew #BarryMorphew

1:56 PM · Nov 9, 2021

She's going through things they have tested including #SuzanneMorphew car, the Morphew home, a mug left on the counter. She talks about how they get prior owners from home and car to submit DNA to be ruled out in case.
@KKTV11News
#BarryMorphew

1:58 PM · Nov 9, 2021·

Agent Duge continues to read conversations about the DNA found in #SuzanneMorphew car. They asked about where DNA was searched- one being the match in Arizona. Duge says there were convicted offender profiles that were tested against this DNA but did not come back with a match.

2:05 PM · Nov 9, 2021·

Agent Duge talking about the identification of the DNA match from #SuzanneMorphew car. She says there were not matches for cases and were listed as "unsolved" in CODIS.
@KKTV11News
#BarryMorphew

2:08 PM · Nov 9, 2021

Nov 1st. Agent Duge had a conversation with Iris Eytan and she explained which items are being searched in CODIS and went through the timeline of the search request and when things were released.
@KKTV11News
#BarryMorphew #SuzanneMorphew.

2:10 PM · Nov 9, 2021·

Agent Duge says when they were compiling information for defense attorney's it was revealed that a letter for a match notification that usually comes from CBI was not handed out. Prosecutors argue that this was a software glitch.
@KKTV11News
#BarryMorphew #SuzanneMorphew.

2:13 PM · Nov 9, 2021·

 

[MassGuy]

Here's an update to the surveillance camera case from Colorado I just located.Colorado Supreme Court finds CSPD officers violated constitutional privacy rights, reverses convictions against 2 men - KRDO

This is a surveillance camera; we're talking about a trail camera, which is typically motion activated.

Not remotely comparable.

ETA: This camera has the ability to capture "all residents" of Puma Path. That must mean it's not focused on Barry himself.

 

[steeltowngirl]

Lauren Scharf
@LaurenScharfTV
·
27s

Agent Duge said she told the defense counsel everything that she knew. She says when they were compiling info for the defense it was revealed a letter for a match notification that usually comes from CBI was not handed to them. Prosecutors said there was a software glitch. Break

 

[Kingsley]

This is a surveillance camera; we're talking about a trail camera on private property, which is typically motion activated.

Not remotely comparable.

I'm curious, why are they not comparable? To me, they seem to be similar in purpose which is to capture actions or events at whatever they're pointed at -- say trail or front door. But since I admittedly don't know any details of either, I am interested to know why that case wouldn't apply. Thanks in advance.

 

[Seattle1]

Does LE need a warrant to set up a camera on private property?

I don't think a warrant is necessary if permission is granted from the owner. Using the product may become an issue later but many examples of legal searches by permission.

Now I'm curious about whether or not there was a warrant for the camera installed facing SD's place...

 

[O.Incandenza]

This is a surveillance camera; we're talking about a trail camera on private property, which is typically motion activated.

Not remotely comparable.

It also makes a big difference where the camera is pointing. It's hard to tell exactly from the phrasing in the motion, but I would read "the People have installed a game camera (without a warrant) not far from the residence to monitor the movements of Mr. Morphew and all residents on Puma Path" as suggesting that the camera is pointed at the road itself, not at the Cushman's house. You don't generally have a reasonable expectation of privacy in your movements on a public road. If the camera was pointed at a private part of the Cushmans' property, I think the defense would have made a lot more noise about it than a brief mention in a motion about something else.

 

[MassGuy]

I'm curious, why are they not comparable? To me, they seem to be similar in purpose which is to capture actions or events at whatever they're pointed at -- say trail or front door. But since I admittedly don't know any details of either, I am interested to know why that case wouldn't apply. Thanks in advance.

We're not talking about a camera focused on Barry's property, rather, we're talking about a game camera in an area of the development that captures all residents traveling through a particular spot.

It has the ability to capture Barry if he walks within range, but it's not monitoring him specifically.

 

[Cindizzi]

[URL]https://twitter.com/fierronicole/status/1458187627287384067?s=21
Agent Duge works for Colorado Bureau of Investigation. In the Morphew case, she's worked as a technical reviewer and CODIS alternate administrator. She says they take notes about conversations they have and they have an electronic communications log for cases.
[/URL]

https://twitter.com/fierronicole/status/1458189967000150016?s=21
Duge was subpoenaed on Aug. 9 to testify. We're now hearing the notes she took on a phone call with a DDA about the CODIS DNA database on August 11th, two days after that subpoena.

https://twitter.com/fierronicole/status/1458191023193001993?s=21
Defense says these statements made by experts about what CODIS is and the strength of DNA found in Suzanne’s glove box were not given to defense.

https://twitter.com/fierronicole/status/1458198097679376394?s=21
Duge said a letter for a match notification that usually comes from CBI was not handed out to defense attorneys. Prosecutors argued that this was a software glitch. Duge is now dismissed and they are going into a short break.

 

[Kingsley]

We're not talking about a camera focused on Barry's property, rather, we're talking about a game camera in an area of the development that captures all residents traveling through a particular spot.

It has the ability to capture Barry if he walks within range, but it's not monitoring him specifically.

Gotcha. This is as opposed to pointing in the backyard of the suspect per the referenced case.

 

[Seattle1]

Rocky MT RCFL = Rocky Mountain Regional Computer Forensics Lab?

Rocky Mountain RCFL — RCFL

RCFL reproduced the mirror of hard drive that was given to defense in discovery -- terabytes of data.

 

[sk716]

I don't think a warrant is necessary if permission is granted from the owner. Using the product may become an issue later but many examples of legal searches by permission.

Now I'm curious about whether or not there was a warrant for the camera installed facing SD's place...

I don't think it's facing her place per say but public areas in the near vicinity of her place.

 

[sk716]

It also makes a big difference where the camera is pointing. It's hard to tell exactly from the phrasing in the motion, but I would read "the People have installed a game camera (without a warrant) not far from the residence to monitor the movements of Mr. Morphew and all residents on Puma Path" as suggesting that the camera is pointed at the road itself, not at the Cushman's house. You don't generally have a reasonable expectation of privacy in your movements on a public road. If the camera was pointed at a private part of the Cushmans' property, I think the defense would have made a lot more noise about it than a brief mention in a motion about something else.

The HOA can make a big deal about it, but since the home owners are the HOA, I wouldn't expect it to be an issue.

 

[Cindizzi]

https://twitter.com/fierronicole/status/1458174473471856641?s=21
Defense wants to sequester Agent Harris and Commander Walker. Judge asking why and says he feels like he's in the dark with why they want to subpoena Mr. Lindsay as well.

https://twitter.com/fierronicole/status/1458174907674554369?s=21
Defense attorney says they have concerns discovery has been destroyed as a result of court orders not being followed.

https://twitter.com/fierronicole/status/1458176379078397957?s=21
Judge is denying request to sequester the witnesses. Says it sounds like mostly their testimony would be separate actions.

 

[Seattle1]

Seems to me that it's long understood that your neighbor's ring cam or surveillance video at random, voluntarily handed over to LE, overrules any privacy concern of a defendant. You have no expectation of privacy when traveling on a public roadway. Welcome to the 21st century, folks.

 

[GatorFL]

Whose fault is it that there's a shortage of exculpatory material? Is the Prosecution supposed to invent it?

Even this CODIS stuff -- is there any evidence that the person who left DNA on Suzanne's glove box commit any part of the events of MDW? Hard no.

That person would probably be shocked, however, to learn that he's related in some small way to a person who commit some awful crimes in another state. No worries, they've likely never met and don't exchange Christmas cards.

This all just feels like a whole lotta noise. Almost like staging. Not even for the benefit of the court or the interest of justice, but more for the theater of his inner circle.

JMO

Prosecutors are obligated to turn over any and all exculpatory evidence they find.

 

[steeltowngirl]

Ashley Franco
@AshleyKKTV
·
42s

We're back with Jeff Lindsey via WebEx. Still working out some technical problems that they're hoping to get fixed so he can testify.
@KKTV11News
#SuzanneMorphew #BarryMorphew

 

[MassGuy]

Prosecutors are obligated to turn over any and all exculpatory evidence they find.

Kinda tough when it doesn't exist.

And this DNA being "exculpatory," is absolutely hilarious.

 

[steeltowngirl]

I think Lauren is gone, so if someone wants to pick up her tweets when she gets back please do…. I need to drop off.

 

[MassGuy]

Back from break: Still having technical difficulties with former DDA Jeff Lindsey. He will have to come back and the subpoenaed will stay. CBI Agent Caitlin Rodgers is next on the stand.

https://twitter.com/laurenscharftv/status/1458203791430492165?s=21