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

[Megnut]

I doubt this is going to be a win for them. Murphy was methodical and followed the law often to the defenses benefit. I think with Murphy, Barry would have gotten a truly fair trial. He may not get as lucky with the next one.

I agree. I think BM would've gotten the fairest of trials under Murphy. I don't think it much matters, however, as I think he'll be found guilty, any courtroom.

I think his attorneys know that.

The win here for the defense IMO is that, since there is no legitimate defense for the defendant, more delay is served. Delay is gold.

His only freedom is on this side of a trial.

His attorneys know that too.

Looking at it as a whole, it seems like this is the defense's whole strategy. Delay. Delay. Delay.

Because there are no steaks in prison.

JMO

 

[Seattle1]

Does this mean there will definitely be a change of venue?

I don't think so. In the order, the court and/or Judge Murphy cites that he did the same in 2017, and IMO, the District Administrator likely imported a Judge to try the case.

 

[Momofthreeboys]

I don't think so. In the order, the court and/or Judge Murphy cites that he did the same in 2017, and IMO, the District Administrator likely imported a Judge to try the case.

I wonder though. I don't see anyone really wanting it moving to Durango or Grand Junction or somewhere like that...although my guess is defense would prefer a rural area with hills and mountains where people understand about lack of regular internet, lack of regular cell service, distance between towers, low density of road cams, delays in receiving texts....I just got a slew of them from yesterday originating during the day but all not arriving until 1:19 AM today. That seems to be a poor understanding or a bit of disbelief from "city/suburb" people who never give cell phones and internet a thought. It will be interesting the next month or so.

 

[CGray123]

Does this mean there will definitely be a change of venue?

BM has not moved for a change of venue, so the replacement judge will conduct hearings and the trial in Chaffee County. The replacement will likely be a retired judge, not a sitting judge from another district.

Changes of venue are granted only in extreme circumstances, when unfair, one-sided media coverage has so thoroughly prejudiced public opinion in the original jurisdiction that it is manifestly unlikely the defendant can get a fair trial. The circumstances here don't remotely compare to the cases where change of venue was required.

 

[DizzyB]

If I were the Judge I’d want off this case. I hope Barry goes flat broke paying his attorney fees. His lawyers are very good at their jobs. They are not out to prove Barry innocent, but are tenacious at dissecting every piece of evidence and attempting to disallow, muddy, and delay until they uncover more loopholes. I truly hope the prosecution is up to the task. We know who murdered Suzanne. This is about the strength of the case and how gutted and confusing it becomes for the jury.

 

[CGray123]

I agree. I think BM would've gotten the fairest of trials under Murphy. I don't think it much matters, however, as I think he'll be found guilty, any courtroom.

I think his attorneys know that.

The win here for the defense IMO is that, since there is no legitimate defense for the defendant, more delay is served. Delay is gold.

His only freedom is on this side of a trial.

His attorneys know that too.

Looking at it as a whole, it seems like this is the defense's whole strategy. Delay. Delay. Delay.

Because there are no steaks in prison.

JMO

I think from the defense point of view, it's more likely a replacement judge will rule in their favor on suppression motions involving the warrants that were issued by Judge Murphy.

I don't think this was the reason the motion was filed, but it's a very slim benefit that might result from recusal. I don't think BM can expect a fairer judge, and his attorneys know that.

I think the motion was filed because attorneys, as officers of the court, are obliged to bring such matters to the court's attention. MOO.

 

[HongKongPhooey]

With any luck, it could move to Indiana.

JMO

 

[Niner]

The only change I see in the court site for the 1/11/22 hearing - is the motions hearing for murder case has been changed to hearing & time changed from 4pm to 4:30pm & virtual.


Date Len Appearance Name Hearing Type Case # Location Division
1/11/22 - Voter Fraud
4:30 PM 1Hr VIRTUAL MORPHEW, BARRY Status Conference D82021CR85 Chaffee County Division 2

1/11/22 - Murder
4:30 PM 1Hr VIRTUAL MORPHEW, BARRY Hearing D82021CR78 Chaffee County Division 2

link: Colorado Judicial Branch - Court Docket Search

 

[Love Never Fails]

With any luck, it could move to Indiana.

JMO

Indiana has the DP.

 

[Momofthreeboys]

If I were the Judge I’d want off this case. I hope Barry goes flat broke paying his attorney fees. His lawyers are very good at their jobs. They are not out to prove Barry innocent, but are tenacious at dissecting every piece of evidence and attempting to disallow, muddy, and delay until they uncover more loopholes. I truly hope the prosecution is up to the task. We know who murdered Suzanne. This is about the strength of the case and how gutted and confusing it becomes for the jury.

Yes, they know they don't have to "prove Barry innocent" since he already has that designation and he has the weight of the law in terms of what can and cannot be introduced at trial. The defense does have to show doubt about anything the prosecution puts forth...I think that is their primary strategy. They aren't, at this point, going to point the finger at any one else or if it comes up as a strategy that has to be made known to the court ahead of time.

 

[HongKongPhooey]

Indiana has the DP.

Oh dear! I was thinking more of jury selection (not entirely serious..)

 

[Love Never Fails]

Oh dear! I was thinking more of jury selection (not entirely serious..)

It’s not moving to Indiana. Don’t worry.

 

[rainbowshummingbird]

Has anyone followed a past case where the judge recused himself at this stage of the legal process? Do you believe this will delay the trial date?

 

[Seattle1]

Has anyone followed a past case where the judge recused himself at this stage of the legal process? Do you believe this will delay the trial date?

Actually, I don't believe much has happened here since the PH and court ruling that PEPG satisfied to take the case to trial. Since the appointed Judge is not likely to have a competing schedule for his time such as Murphy had, I don't think the change will have a significant impact on the trial date. JMO

 

[iQuill]

Nothing new really, beautiful Suzanne is still missing and Barry is living his life pretending he has no idea what happened to her. So very sad. I sure hope the daughters have good counsellors when they are forced to come to terms with what happened to their mom. Moo

 

[Cindizzi]

Judge removes himself from Morphew murder trial over conflict of interest


Ed Moss, a retired judge who has written extensively on judicial ethics, says disqualifications like these don’t happen often, especially in high profile cases. But a change in judges shouldn't hinder the trial.

“I think it’s just fine. The rule on disqualification for social relationships is not crystal clear,” Moss said. “The Colorado Supreme Court has a case they decided a couple of years ago. It said the circumstance depended on the quality nature and closeness of the relationship, and the judge has to answer how close the relationship is.”

District Attorney Linda Stanley told The Denver Gazette that she doesn’t expect the trial to be postponed because of the development.

 

[marylamby]

Actually, I don't believe much has happened here since the PH and court ruling that PEPG satisfied to take the case to trial. Since the appointed Judge is not likely to have a competing schedule for his time such as Murphy had, I don't think the change will have a significant impact on the trial date. JMO

I just hope the new judge will study the AA and all transcripts thus far. I'm really not sure how I feel about this recusal.
That Murphy recused himself with the attachment to Shoshona's attorney is a tad bothersome. Wasn't another connection initially cited? Or am I thinking about how he and one of defense attorneys had worked together as court appointed attorneys? I'm confused.
Also, iirc, Murphey had Shoshona's case sent to another judge? I could swear he sent it to another judge due to a conflict of interest but I'm not sure if a reason was stated or what that was.
This is one big cluster fluck. It's a very small world.

eta: I'm not so sure the trial won't be further delayed. The defense attys know this is their best course of action (people tend to forget details/old news) and who knows how many other motions they'll come up with - and BM remains free. Maybe it comes down to how much money BM really has at his disposal.

 

[Seattle1]

I just hope the new judge will study the AA and all transcripts thus far. I'm really not sure how I feel about this recusal.
That Murphy recused himself with the attachment to Shoshona's attorney is a tad bothersome. Wasn't another connection initially cited? Or am I thinking about how he and one of defense attorneys had worked together as court appointed attorneys? I'm confused.
Also, iirc, Murphey had Shoshona's case sent to another judge? I could swear he sent it to another judge due to a conflict of interest but I'm not sure if a reason was stated or what that was.
This is one big cluster fluck. It's a very small world.

eta: I'm not so sure the trial won't be further delayed. The defense attys know this is their best course of action (people tend to forget details/old news) and who knows how many other motions they'll come up with - and BM remains free. Maybe it comes down to how much money BM really has at his disposal.

IMO, reading his order to recuse himself shows how thorough Judge Murphy is in applying the statute to all his cases. Earned him more respect too. He had to rule on what could possibly occur in the future and/or be proactive here even though it may not ever happen. MOO

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/4855_001.pdf

 

[marylamby]

IMO, reading his order to recuse himself shows how thorough Judge Murphy is in applying the statute to all his cases. Earned him more respect too. He had to rule on what could possibly occur in the future and/or be proactive here even though it may not ever happen. MOO

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/4855_001.pdf

Oh, I thoroughly agree with you (and should've said that) but we have no idea about who the new judge is or how he'll handle this case.

 

[Seattle1]

Oh, I thoroughly agree with you (and should've said that) but we have no idea about who the new judge is or how he'll handle this case.

I'm just hoping that his replacement is not somebody moved by E & N's grandstanding as they like to do inside the courtroom. We know that Murphy didn't budge on the defense team's thought-out displays of drama. And E & N have been very effective in other courtrooms using this -- it's why they continue to do it! MOO