Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #88

[jakat]

Wherever she is, I fully believe she will be found, secrets do come to light, its a matter of time.

BM may have moved on and forgotten about her, but we haven't and won't.

Imo

I so hope you're right. Suzanne is a woman I'll never forget.

 

[CGray123]

Here's a succinct, basic description of SD's options as a witness in BM's case, if she has exposure to any criminal charge:

"WITNESSES AND SELECTIVE PLEADING

Criminal court witnesses can also take the Fifth if they feel that their response might incriminate them in the crime for which the defendant is being tried—or even in another crime.

But they have a special advantage. Unlike the defendant, they can selectively plead the Fifth. So, they could answer every question posed to them by the prosecutor or defense attorney until they feel that answering a particular question will get them in trouble with the law.

However, they can only plead the Fifth to protect themselves, not the individual on trial or anyone else. So your brother could be compelled to provide testimony against you—just not against himself."

From:
All you need to know about pleading the Fifth
by Brian J. Smith

 

[marylamby]

Here's a succinct, basic description of SD's options as a witness in BM's case, if she has exposure to any criminal charge:

"WITNESSES AND SELECTIVE PLEADING

Criminal court witnesses can also take the Fifth if they feel that their response might incriminate them in the crime for which the defendant is being tried—or even in another crime.

But they have a special advantage. Unlike the defendant, they can selectively plead the Fifth. So, they could answer every question posed to them by the prosecutor or defense attorney until they feel that answering a particular question will get them in trouble with the law.

However, they can only plead the Fifth to protect themselves, not the individual on trial or anyone else. So your brother could be compelled to provide testimony against you—just not against himself."

From:
All you need to know about pleading the Fifth
by Brian J. Smith

That's the way it's meant to read. I'd be curious as to how many people have pleaded the fifth to protect another meaning if SD truly had no idea of a crime, would she plead the fifth for BM if she thought he was innocent? That doesn't make any sense. If she has information that could implicate BM? That's perjury.
IMO, it still makes him and possibly both of them look guilty.
eta: and that goes for anyone who pleads the fifth unless they are guilty of a crime somehow related to this case.
IMO

 

[fcavanaugh]

Guilty. Now to find Suzanne. What did he do with her? Where did he put her?

MOO, Suzanne’s either buried in a deep, deep pre-dug hole, or was dumped down an abandoned mine shaft.
I just have a feeling BM used his landscaping and hunting skills and these are two methods of disposal I could see him being comfortable with and familiar to him. He could have come across old abandoned mine shafts on some of his hunting excursions.
Christopher Lee killed and dumped Erin Corwin down an abandoned mine shaft near Joshua Tree National Park. It was said that she probably never would have been found if it weren’t for the San Bernardino County Cave and Technical Rescue team, assisted by a cave and mine specialist. In Erin’s case, 300 square miles of desert and 100 mines had been previously searched by San Bernardino Sheriff’s Dept. and hundreds of volunteers before the Rescue team went to work. The Sheriff’s Dept. was eventually able to give the Rescue team and mine specialist an idea of best areas to search based off phone pings. At least they were able to narrow and focus the search to an area of the desert once they had the phone records back, and fortunately this incredible team eventually recovered Erin at the bottom of a 100 foot vertical mine shaft that was said to be no more than an “anonymous hole in the desert” and which isn’t marked on any maps. It is a miracle they found her and how, using their incredible skill and technique to get down to the bottom of the mine where they located Erin’s remains, no easy feat to say the least. Specialized firefighters were then called in to recover EC’s body. Fascinating, also pretty dangerous, scary stuff. It is interesting to read the comments of the cave and mine specialist and about the incredible work he and the rescue team did in Erin’s case.

Unfortunately there aren’t any phone ping clues leading to area of possible disposal site in this case as IMO, BM left both phones at home when he disposed of SM. He had to have used either the non-GPS Range Rover, or an off road type vehicle of some sort-possible non-GPS ATV etc., or possibly borrowed someone else’s vehicle or equipment (not necessarily with their knowledge). Did he possibly hike on foot with SM draped over his shoulder to disposal site? I guess anything’s possible, but hiking with Suzanne’s body to disposal is last on my list of possibilities. I don’t think disposal site is too far away from PP though and if Suzanne is at the bottom of some old abandoned mine, at least there’s hope knowing there are experts out there who specialize in that sort of thing, such as those that recovered EC. Who knows, maybe CCSO and involved agencies have zoned in on a specific area to search or will eventually as they continue to investigate, and maybe an expert cave/mine specialist & rescue team will be called in at some point to assist and maybe Suzanne’s remains will be recovered some day. Wouldn’t that be great if she was recovered prior to BM’s trial. There’s always hope, and I continue to pray that she’ll be found sooner than later so she can be given proper resting place/burial that she so rightfully deserves.

Here’s an article about the EC case which discusses the mine search for anyone interested:

Cave team: Erin Corwin found in unmapped gold mine

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Seattle1]

MOO, Suzanne’s either buried in a deep, deep pre-dug hole, or was dumped down an abandoned mine shaft.
I just have a feeling BM used his landscaping and hunting skills and these are two methods of disposal I could see him being comfortable with and familiar to him. He could have come across old abandoned mine shafts on some of his hunting excursions.

^^RSBM
I agree @fcavanaugh -- listening to BM cite how he'd tranquilize deer to take their antlers certainly doesn't preclude him from poaching if his dart gun is not handy! IMO, BM wouldn't hesitate to illegally kill his prey because I've no doubt he learned the land where he's already spotted disposal areas to get rid of the evidence (carcass) quickly and be on his merry way. In comparison to a big buck at 250# -- SM would be a piece of cake. MOO

 

[fcavanaugh]

Barry Morphew's attorneys seek new judge

ANDERSON — Attorneys for Barry Morphew, charged with the murder of his wife, Suzanne, are seeking to have the judge removed from the case.

Morphew is charged with his wife’s death on May 10, 2020. Her body has not been found.

Defense attorneys have requested that Chaffee County, Colorado Judge Patrick Murphy be disqualified from any further action because of a potential conflict.

Earlier this year, Judge Murphy had a trespassing case against Morphew’s girlfriend, Shoshana Darke, moved to another court because of a relationship with her attorney Martin Stuart and the law firm of McDermott, Stuart & Ward.

“This Court has a very close, longstanding personal relationship with Sean McDermott that rises to ‘interest’ or ‘prejudice’ with respect to this case and decisions that my arise with respect to Shoshona Darke,” the motion reads. “This relationship extends to other members of the families of both Sean McDermott and this Court.”

The court document states that Judge Murphy might have to rule on multiple matters related to Darke if she is called as a witness against Morphew.

“Colorado law and Supreme Court Rules dictate that this Court has no discretion to deny this motion,” the court pleading continues. “If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself.”

Murphy in a court order disagreed with the motion that requires disqualification.

“The Court agrees with the (prosecution’s) response which states ‘the Motion appears to present a novel question in Colorado of whether the Court’s friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify,” Murphy’s order reads.

A hearing on the motion is set for Jan. 11.

Darke was arrested in September after trespassing at Morphew’s former residence and removing a package.

Morphew is charged with first degree murder; tampering with a deceased human body; tampering with physical evidence; possession of a dangerous weapon; and attempt to influence a public servant.

His trial is set for May 3.

Suzanne Murphew, who grew up in Madison County, was reported missing by a neighbor on Mother’s Day 2020. The 49-year-old mother of two daughters was reported missing after she did not return from a bike ride near her home in the Salida area.


#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[marylamby]

That's the way it's meant to read. I'd be curious as to how many people have pleaded the fifth to protect another meaning if SD truly had no idea of a crime, would she plead the fifth for BM if she thought he was innocent? That doesn't make any sense. If she has information that could implicate BM? That's perjury.
IMO, it still makes him and possibly both of them look guilty.
eta: and that goes for anyone who pleads the fifth unless they are guilty of a crime somehow related to this case.
IMO

Sorry, too late to edit my comment...
UNLESS, they are guilty of a crime(s) related or unrelated to the murder and he/she/they're covering their arses because the accused knows of said crimes. Again, honor among thieves, so to speak. This goes to anyone, not just SD.
JMO

 

[sk716]

MOO, Suzanne’s either buried in a deep, deep pre-dug hole, or was dumped down an abandoned mine shaft.
I just have a feeling BM used his landscaping and hunting skills and these are two methods of disposal I could see him being comfortable with and familiar to him. He could have come across old abandoned mine shafts on some of his hunting excursions.
Christopher Lee killed and dumped Erin Corwin down an abandoned mine shaft near Joshua Tree National Park. It was said that she probably never would have been found if it weren’t for the San Bernardino County Cave and Technical Rescue team, assisted by a cave and mine specialist. In Erin’s case, 300 square miles of desert and 100 mines had been previously searched by San Bernardino Sheriff’s Dept. and hundreds of volunteers before the Rescue team went to work. The Sheriff’s Dept. was eventually able to give the Rescue team and mine specialist an idea of best areas to search based off phone pings. At least they were able to narrow and focus the search to an area of the desert once they had the phone records back, and fortunately this incredible team eventually recovered Erin at the bottom of a 100 foot vertical mine shaft that was said to be no more than an “anonymous hole in the desert” and which isn’t marked on any maps. It is a miracle they found her and how, using their incredible skill and technique to get down to the bottom of the mine where they located Erin’s remains, no easy feat to say the least. Specialized firefighters were then called in to recover EC’s body. Fascinating, also pretty dangerous, scary stuff. It is interesting to read the comments of the cave and mine specialist and about the incredible work he and the rescue team did in Erin’s case.

Unfortunately there aren’t any phone ping clues leading to area of possible disposal site in this case as IMO, BM left both phones at home when he disposed of SM. He had to have used either the non-GPS Range Rover, or an off road type vehicle of some sort-possible non-GPS ATV etc., or possibly borrowed someone else’s vehicle or equipment (not necessarily with their knowledge). Did he possibly hike on foot with SM draped over his shoulder to disposal site? I guess anything’s possible, but hiking with Suzanne’s body to disposal is last on my list of possibilities. I don’t think disposal site is too far away from PP though and if Suzanne is at the bottom of some old abandoned mine, at least there’s hope knowing there are experts out there who specialize in that sort of thing, such as those that recovered EC. Who knows, maybe CCSO and involved agencies have zoned in on a specific area to search or will eventually as they continue to investigate, and maybe an expert cave/mine specialist & rescue team will be called in at some point to assist and maybe Suzanne’s remains will be recovered some day. Wouldn’t that be great if she was recovered prior to BM’s trial. There’s always hope, and I continue to pray that she’ll be found sooner than later so she can be given proper resting place/burial that she so rightfully deserves.

Here’s an article about the EC case which discusses the mine search for anyone interested:

Cave team: Erin Corwin found in unmapped gold mine

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

There are three known/confirmed shafts on the mountain behind Puma Path. The others I'm reasonably certain are abandoned shafts based on the ArcGIS maps. Several are easy to see on Google Earth (link below) and are clearly sealed by boulders.

The three I think are most likely are along a 4-wheeler (yellow squiggles) trail he would have used when he was hunting. If you have Google Earth Pro you can use the history function to better see how I traced the trails.




Google Earth

The problem becomes getting the right teams and equipment up there to search, it wouldn't be an easy trek on foot. A geologist might still be able to recognize if one of the boulders had been moved more recently than the others via drone. Based on the terrain, I think horseback would be the most successful way to search up there. Four legs or four wheels.

2018 Street View of Pahlone Peak. 2021 view has a cloud resting there. You can see the roof of the Puma Path house n the bottom right area.

ETA: Forgot to add, Barry said there were only two mines back there.

 

[coastal]

(I just had an awful vision of BM rubbing his hands together, thinking "mine, mine, mine...")

 

[MassGuy]

There are three known/confirmed shafts on the mountain behind Puma Path. The others I'm reasonably certain are abandoned shafts based on the ArcGIS maps. Several are easy to see on Google Earth (link below) and are clearly sealed by boulders.

The three I think are most likely are along a 4-wheeler (yellow squiggles) trail he would have used when he was hunting. If you have Google Earth Pro you can use the history function to better see how I traced the trails.

View attachment 326803

View attachment 326804
Google Earth

The problem becomes getting the right teams and equipment up there to search, it wouldn't be an easy trek on foot. A geologist might still be able to recognize if one of the boulders had been moved more recently than the others via drone. Based on the terrain, I think horseback would be the most successful way to search up there. Four legs or four wheels.
View attachment 326808
2018 Street View of Pahlone Peak. 2021 view has a cloud resting there. You can see the roof of the Puma Path house n the bottom right area.

ETA: Forgot to add, Barry said there were only two mines back there.

That's why I'm so glad they've utilized Necrosearch here, as this is precisely what they do.

Geologists, mine experts, botanists; there's no better organization equipped for a task like this.

If anyone wants to read more about them and some of their stunning successes, it's once again free on Kindle Unlimited.

No Stone Unturned: The True Story of the World's Premier Forensic Investigators

https://www.amazon.com/dp/B08B7YHP8X/ref=cm_sw_r_cp_api_glt_C7EM3RD5JC3PAA6Z1BCJ

 

[Lyanna]

I think she's either in an abandoned well or mine shaft. Also think she's near PP and that's why he's currently living near there now, he could have declined the offer from the Cushman's but he didn't, and I don't believe it's because he is 'tight' with his money - he is keeping his beady, evil little eyes on something, and that something is where Suzanne is. imo

 

[JosieMae]

I think she's either in an abandoned well or mine shaft. Also think she's near PP and that's why he's currently living near there now, he could have declined the offer from the Cushman's but he didn't, and I don't believe it's because he is 'tight' with his money - he is keeping his beady, evil little eyes on something, and that something is where Suzanne is. imo

I respectfully disagree. BM was preparing to leave CO when he was arrested. He also intended to move to Gunnison to await trial but his request was denied.

IMO, SM is buried deep. Only a hunch, based on no evidence whatsoever, except our perp is a dirt guy. And a monster.

 

[FromGermany1]

(I just had an awful vision of BM rubbing his hands together, thinking "mine, mine, mine...")

The mine is mine - and nobody knows.

 

[Momofthreeboys]

I respectfully disagree. BM was preparing to leave CO when he was arrested. He also intended to move to Gunnison to await trial but his request was denied.

IMO, SM is buried deep. Only a hunch, based on no evidence whatsoever, except our perp is a dirt guy. And a monster.

I also agree he was totally prepared not to stay near his old home. I have no idea where Suzanne is but Barry was not concerned about his former home or property. There isn’t anything known that supports that idea that he felt like he needs to keep an eye on the situation. Doesn’t mean that she isn’t nearby either.

 

[CGray123]

Barry Morphew's attorneys seek new judge

ANDERSON — Attorneys for Barry Morphew, charged with the murder of his wife, Suzanne, are seeking to have the judge removed from the case.

Morphew is charged with his wife’s death on May 10, 2020. Her body has not been found.

Defense attorneys have requested that Chaffee County, Colorado Judge Patrick Murphy be disqualified from any further action because of a potential conflict.

Earlier this year, Judge Murphy had a trespassing case against Morphew’s girlfriend, Shoshana Darke, moved to another court because of a relationship with her attorney Martin Stuart and the law firm of McDermott, Stuart & Ward.

“This Court has a very close, longstanding personal relationship with Sean McDermott that rises to ‘interest’ or ‘prejudice’ with respect to this case and decisions that my arise with respect to Shoshona Darke,” the motion reads. “This relationship extends to other members of the families of both Sean McDermott and this Court.”

The court document states that Judge Murphy might have to rule on multiple matters related to Darke if she is called as a witness against Morphew.

“Colorado law and Supreme Court Rules dictate that this Court has no discretion to deny this motion,” the court pleading continues. “If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself.”

Murphy in a court order disagreed with the motion that requires disqualification.

“The Court agrees with the (prosecution’s) response which states ‘the Motion appears to present a novel question in Colorado of whether the Court’s friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify,” Murphy’s order reads.

A hearing on the motion is set for Jan. 11.

Darke was arrested in September after trespassing at Morphew’s former residence and removing a package.

Morphew is charged with first degree murder; tampering with a deceased human body; tampering with physical evidence; possession of a dangerous weapon; and attempt to influence a public servant.

His trial is set for May 3.

Suzanne Murphew, who grew up in Madison County, was reported missing by a neighbor on Mother’s Day 2020. The 49-year-old mother of two daughters was reported missing after she did not return from a bike ride near her home in the Salida area.


#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

Here's Judge Murphy's order following the filing of the motion for recusal (mentioned in the above article), which rejects the argument that the mere filing of the motion requires immediate recusal:

DISTRICT COURT, CHAFFEE COUNTY, COLORADO

Court Address:
142 CRESTONE AVENUE, P.O. BOX 279, SALIDA, CO, 81201

THE PEOPLE OF THE STATE OF COLORADO v.

Defendant(s) BARRY LEE MORPHEW

DATE FILED:

December 14, 2021 10:38 AM

Case Number: 2021CR78 Division: 2 Courtroom:

Order Regarding Hearing December 14, 2020

Yesterday evening the Court was advised of a filing by the Defense. That motion (Motion to Disqualify Judge Patrick Murphy (D-55)) seeks to disqualify this judge from hearing this case. The Motion was filed yesterday, December 13, 2021 at 3:13 p.m.

Last night, at 8:07 p.m., the prosecution filed a Response to D-55.

This morning, at 7:29 a.m., the Defense filed a Reply to the Response.

The Court has now been able to read the Motion, the Response and the Reply.

Because of the late filing, the Court has not had the ability to analyze, in any meaningful way, the Motion or the legal authority that supports the Motion. However, the Court disagrees with the defense position that the filing of the Motion alone requires disqualification.

Both Colorado Rule of Criminal Procedure 21(b) and Colorado Revised Statute 16-6-201 require the Court to determine if the facts alleged in the accompanying affidavits, taken as true, rise to the level requiring disqualification.

The Court agrees with the Response which states "the Motion appears to present a novel question in Colorado of whether the Court's friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify."

At this point, without further analysis and research, the Court is unable to determine if the situation as described in the affidavits requires disqualification. The Court declines to make substantial decisions such as this on the fly and without adequate time to analyze and research the argument and the legal authority that supports, or doesn't support, the argument.

By Rule, once such a Motion is filed, "all other proceedings in the case shall be suspended until a ruling is made thereon." C.R.C.P. Rule 21(b)(3)

Therefore, the hearing that was scheduled to to commence at 1:00 this afternoon can not go forward. Instead, the Court will hear from the parties regarding any additional filings on this particular issue and will need to confirm with the prosecution that Shoshona Darke is a potential witness in this case.

In an effort to be as transparent as possible, the Court will also put on the record the Court's relationship with attorney Sean McDermott as it is that relationship that forms the basis of the Motion.

The Court endeavored to complete this Order in time for subpoenaed witness to be informed and called off, if appropriate.

Issue Date: 12/14/2021

Page1 of2

PATRICK W MURPHY District Court Judge

 

[jakat]

MOO, Suzanne’s either buried in a deep, deep pre-dug hole, or was dumped down an abandoned mine shaft.
I just have a feeling BM used his landscaping and hunting skills and these are two methods of disposal I could see him being comfortable with and familiar to him. He could have come across old abandoned mine shafts on some of his hunting excursions.
Christopher Lee killed and dumped Erin Corwin down an abandoned mine shaft near Joshua Tree National Park. It was said that she probably never would have been found if it weren’t for the San Bernardino County Cave and Technical Rescue team, assisted by a cave and mine specialist. In Erin’s case, 300 square miles of desert and 100 mines had been previously searched by San Bernardino Sheriff’s Dept. and hundreds of volunteers before the Rescue team went to work. The Sheriff’s Dept. was eventually able to give the Rescue team and mine specialist an idea of best areas to search based off phone pings. At least they were able to narrow and focus the search to an area of the desert once they had the phone records back, and fortunately this incredible team eventually recovered Erin at the bottom of a 100 foot vertical mine shaft that was said to be no more than an “anonymous hole in the desert” and which isn’t marked on any maps. It is a miracle they found her and how, using their incredible skill and technique to get down to the bottom of the mine where they located Erin’s remains, no easy feat to say the least. Specialized firefighters were then called in to recover EC’s body. Fascinating, also pretty dangerous, scary stuff. It is interesting to read the comments of the cave and mine specialist and about the incredible work he and the rescue team did in Erin’s case.

Unfortunately there aren’t any phone ping clues leading to area of possible disposal site in this case as IMO, BM left both phones at home when he disposed of SM. He had to have used either the non-GPS Range Rover, or an off road type vehicle of some sort-possible non-GPS ATV etc., or possibly borrowed someone else’s vehicle or equipment (not necessarily with their knowledge). Did he possibly hike on foot with SM draped over his shoulder to disposal site? I guess anything’s possible, but hiking with Suzanne’s body to disposal is last on my list of possibilities. I don’t think disposal site is too far away from PP though and if Suzanne is at the bottom of some old abandoned mine, at least there’s hope knowing there are experts out there who specialize in that sort of thing, such as those that recovered EC. Who knows, maybe CCSO and involved agencies have zoned in on a specific area to search or will eventually as they continue to investigate, and maybe an expert cave/mine specialist & rescue team will be called in at some point to assist and maybe Suzanne’s remains will be recovered some day. Wouldn’t that be great if she was recovered prior to BM’s trial. There’s always hope, and I continue to pray that she’ll be found sooner than later so she can be given proper resting place/burial that she so rightfully deserves.

Here’s an article about the EC case which discusses the mine search for anyone interested:

Cave team: Erin Corwin found in unmapped gold mine

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I go back and forth wondering if he buried her or put her in a mine shaft. He had the means to bury her with access to a BobCat. Then again, LE said he shifted in his seat upon being questioned about mines, which makes me think Suzanne is in a mine. Which one, though? I don't think she's far from home.

Thanks for the link to Erin. What an unspeakable murder. Evil walks among us.

 

[jakat]

There are three known/confirmed shafts on the mountain behind Puma Path. The others I'm reasonably certain are abandoned shafts based on the ArcGIS maps. Several are easy to see on Google Earth (link below) and are clearly sealed by boulders.

The three I think are most likely are along a 4-wheeler (yellow squiggles) trail he would have used when he was hunting. If you have Google Earth Pro you can use the history function to better see how I traced the trails.

View attachment 326803

View attachment 326804
Google Earth

The problem becomes getting the right teams and equipment up there to search, it wouldn't be an easy trek on foot. A geologist might still be able to recognize if one of the boulders had been moved more recently than the others via drone. Based on the terrain, I think horseback would be the most successful way to search up there. Four legs or four wheels.
View attachment 326808
2018 Street View of Pahlone Peak. 2021 view has a cloud resting there. You can see the roof of the Puma Path house n the bottom right area.

ETA: Forgot to add, Barry said there were only two mines back there.

I wonder if LE has been able to search these mines.

You've put in a tremendous amount of work here. The timeline is excellent and much easier to read than the AA. Thank you!

 

[Megnut]

Here's Judge Murphy's order following the filing of the motion for recusal (mentioned in the above article), which rejects the argument that the mere filing of the motion requires immediate recusal:

DISTRICT COURT, CHAFFEE COUNTY, COLORADO

Court Address:
142 CRESTONE AVENUE, P.O. BOX 279, SALIDA, CO, 81201

THE PEOPLE OF THE STATE OF COLORADO v.

Defendant(s) BARRY LEE MORPHEW

DATE FILED:

December 14, 2021 10:38 AM

Case Number: 2021CR78 Division: 2 Courtroom:

Order Regarding Hearing December 14, 2020

Yesterday evening the Court was advised of a filing by the Defense. That motion (Motion to Disqualify Judge Patrick Murphy (D-55)) seeks to disqualify this judge from hearing this case. The Motion was filed yesterday, December 13, 2021 at 3:13 p.m.

Last night, at 8:07 p.m., the prosecution filed a Response to D-55.

This morning, at 7:29 a.m., the Defense filed a Reply to the Response.

The Court has now been able to read the Motion, the Response and the Reply.

Because of the late filing, the Court has not had the ability to analyze, in any meaningful way, the Motion or the legal authority that supports the Motion. However, the Court disagrees with the defense position that the filing of the Motion alone requires disqualification.

Both Colorado Rule of Criminal Procedure 21(b) and Colorado Revised Statute 16-6-201 require the Court to determine if the facts alleged in the accompanying affidavits, taken as true, rise to the level requiring disqualification.

The Court agrees with the Response which states "the Motion appears to present a novel question in Colorado of whether the Court's friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify."

At this point, without further analysis and research, the Court is unable to determine if the situation as described in the affidavits requires disqualification. The Court declines to make substantial decisions such as this on the fly and without adequate time to analyze and research the argument and the legal authority that supports, or doesn't support, the argument.

By Rule, once such a Motion is filed, "all other proceedings in the case shall be suspended until a ruling is made thereon." C.R.C.P. Rule 21(b)(3)

Therefore, the hearing that was scheduled to to commence at 1:00 this afternoon can not go forward. Instead, the Court will hear from the parties regarding any additional filings on this particular issue and will need to confirm with the prosecution that Shoshona Darke is a potential witness in this case.

In an effort to be as transparent as possible, the Court will also put on the record the Court's relationship with attorney Sean McDermott as it is that relationship that forms the basis of the Motion.

The Court endeavored to complete this Order in time for subpoenaed witness to be informed and called off, if appropriate.

Issue Date: 12/14/2021

Page1 of2

PATRICK W MURPHY District Court Judge

Anybody notice how this 11th hour order calling for recusal distracted us so expertly from the defense's slated issue?

What about those discovery violations?

Me, I think the defense knew, when they filed those objections, they'd be dismissed. Just good PR moves.

Create delays. Manipulate, distort public perception.

How do you defend the indefensible? You use whatever tool, angle you cam.

It won't be enough.

Their client put himself at PP, with a loaded .22 at exactly the minute his wife's consistent digital life ceased.

The End

JMO

 

[sk716]

I respectfully disagree. BM was preparing to leave CO when he was arrested. He also intended to move to Gunnison to await trial but his request was denied.

IMO, SM is buried deep. Only a hunch, based on no evidence whatsoever, except our perp is a dirt guy. And a monster.

He wasn't just leaving CO, he was fleeing. He wasn't buying property in AZ or we would have record of it. You don't need to keep an eye on the dump site if you're in Argentina.

ETA: Totally agree that she's way down there, though. When he put her there he was confident no one could find her. I don't think he's quite so confident now.

 

[Momofthreeboys]

He wasn't just leaving CO, he was fleeing. He wasn't buying property in AZ or we would have record of it. You don't need to keep an eye on the dump site if you're in Argentina.

ETA: Totally agree that she's way down there, though. When he put her there he was confident no one could find her. I don't think he's quite so confident now.

What makes you think he isn’t confident she won’t be found? I do wish we knew which mines have not been searched either by LE or by private/public searches. My only continuously niggling thought is she went up and over Hwy 50 and no one is looking that way. Even if they looked at the pass cams they would not know what vehicle if they did not see a Morphew vehicle. I do wish she would be found. It would answer alot of questions and unfortunate another winter has come :-(