Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #90

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  • #61
@LaurenScharfTV

The prosecution is saying they've had help from numerous agencies to make sure that discovery is accurate and to track it. It's been a cumbersome process and they are working on it. "It's the nature of the beast, with what went on."

10:49 AM · Jan 24, 2022
Yeah. In other words, there was SO MUCH of it!
 
  • #62
Absolutely. Get evidence tainted or thrown out, discredit witnesses, gut the case piece my piece. Oh and lots of billable hours. I guess Barry considers it worth it if he lives to hunt and roam free.
Nothing we didn't predict the Defense would do. SOP IMO
 
  • #63
Absolutely. Get evidence tainted or thrown out, discredit witnesses, gut the case piece my piece. Oh and lots of billable hours. I guess Barry considers it worth it if he lives to hunt and roam free.
Don't forget the intent to sue to recover any lost costs :-). If I ever get charged with murder I would hire this team in a heartbeat.
 
  • #64
@LaurenScharfTV

The judge's order about emails was sent out to LE agencies. CBI & Chaffee County Sheriff's Office widely distributed the order, according to the prosecution.

10:55 AM · Jan 24, 2022
 
  • #65
@LaurenScharfTV

The defense attorney is now talking about an internal affairs investigation involving CBI Agent Joseph Cahill. He resigned on Dec. 8. There was an accidental discharge of his weapon in his home. She's now explaining Cahill's part during the #BarryMorphew case and his credibility.

10:42 AM · Jan 24, 2022

(Around these parts we call that a negligent discharge. IMO)
 
  • #66
@LaurenScharfTV

The prosecution is saying they've had help from numerous agencies to make sure that discovery is accurate and to track it. It's been a cumbersome process and they are working on it. "It's the nature of the beast, with what went on."

10:49 AM · Jan 24, 2022
nature of the beast? An investigation incudes everybody.
 
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  • #67
@LaurenScharfTV

As to the previous drafts of the affidavit, the prosecution doesn't believe this is rule 16 (doesn't believe it should be provided to the court). The prosecution says the letter about Agent Cahill he provided it to the defense the same day he received it.

10:59 AM · Jan 24, 2022
 
  • #68
  • #69
@LaurenScharfTV

Iris Eytan is now providing the judge the transcript from the hearing of May 27th, 2021. It is now being admitted into the court as an exhibit. The defense is now responding to the statements of the prosecution to the judge.

11:01 AM · Jan 24, 2022
 
  • #70
This IS fascinating.

Textbook defense.

JMO
 
  • #71
IMO there was more than a job opportunity that caused Jeff Lindsey to leave this case and district.
 
  • #72
@LaurenScharfTV

Barry Morphew defense claims the prosecution is blaming CBI for not handing over discovery timely saying the District Attorney's Office is responsible for what is in their custody and control.

11:08 AM · Jan 24, 2022
 
  • #73
  • #74
@AshleyKKTV

Judge Lama says he needs to consider if the materials exist - he says the defense has shown him that they do. Are they relevant? He says yes they are and that parts of the material were ordered to be disclosed to the defense. But there are other things he considers before ruling.
 
  • #75
@AshleyKKTv
He also says defense has shown a need for this information regarding the IA investigation into Agent Cahill because he was the lead for CBI on the investigation. He says that #BarryMorphew has a right to see these materials. Motion to quash is denied
 
  • #76
@LaurenScharfTV

Judge Lama rules the defense has met their burden for information about Agent Cahill's internal affairs investigation. The judge will do an in-camera review.

11:19 AM · Jan 24, 2022
 
  • #77
@AshleyKKTV

Judge Lama will conduct a review of exculpatory information in the IA investigation:

They have pushed Agent Cahill's testimony to Feb 1st. He is here today in person. He will be back Feb 1st
 
  • #78
@LaurenScharfTV

The judge and Iris Eytan are discussing the #BarryMorphew affidavit drafts. She is explaining that there are witness statements that were in previous versions that she claims are relevant and should be disclosed as witness statements.

11:25 AM · Jan 24, 2022
 
  • #79
@AshleyKKTV

Discussing the arrest affidavit and the revisions done. Defense says this affidavit says numerous statements were made and evidence that was not included in the AA. She says they could've added or taken out information that would show #BarryMorphew didn't do what he's accused of
 
  • #80
@LaurenScharfTV

Prosecutor Hulbert claims he doesn't have the affidavit that Former Agent Cahill was speaking about and the one that Eytan is discussing. Judge is ordering that it would be provided to the DA's Office. Cahill subpoena will be continued until Feb. 1 at 9:30 a.m.

11:28 AM · Jan 24, 2022
 
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