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

[Love Never Fails]

Defense requests witnesses be sequestered in Barry Morphew murder trial - KRDO

SALIDA, Colo. (KRDO) -- Witnesses will be sequestered in the Barry Morphew murder trial. Morphew, 54, is accused of killing his wife and the mother of his two daughters in 2020.

Suzanne Morphew, who was 48 when she was last seen, disappeared on Mother's Day 2020. Her body, however, was never found.

Monday, Judge Ramsey Lama granted the defense's sequester request. Now, witnesses won't be allowed to observe trial proceedings or talk to anyone about the case when the trial begins in May.

Judge Lama just took over the case after the previous Chaffee County judge disqualified himself because of a possible conflict of interest involving the counsel of potential witnesses.

What is the advantage for the defense? And why did Judge Lama agree to this? Curious about your thoughts.

 

[MassGuy]

What is the advantage for the defense? And why did Judge Lama agree to this? Curious about your thoughts.

We'd need a lawyer to chime in here, but this was the same practice used in the trial of the man accused of murdering Kelsey Berreth.

From what I can gather, any party can request witnesses be sequestered in Colorado (I think the prosecution requested this in the Berreth case).

The defense would want this here because it would make it harder for witnesses to change their testimony based on what a prior witness has said.

They could then point out discrepancies.

The prosecution would probably like it as well, as it would keep Barry's supporters out of the courtroom if they were on the witness list (daughters for instance).

 

[DizzyB]

Here I was jumping the gun and thinking the jury would be sequestered. I have to pay closer attention. So if MM 1 & 2 are on the witness list, does that mean they cannot be in the courtroom supporting Dear Old Dad?

 

[Love Never Fails]

We'd need a lawyer to chime in here, but this was the same practice used in the trial of the man accused of murdering Kelsey Berreth.

From what I can gather, any party can request witnesses be sequestered in Colorado (I think the prosecution requested this in the Berreth case).

The defense would want this here because it would make it harder for witnesses to change their testimony based on what a prior witness has said.

They could then point out discrepancies.

The prosecution would probably like it as well, as it would keep Barry's supporters out of the courtroom if they were on the witness list (daughters for instance).

I have a lot of questions but am curious if both Morphew daughters will testify and does sequestering a witness during trial mean keeping them apart from everyone during trial?

 

[MassGuy]

Here I was jumping the gun and thinking the jury would be sequestered. I have to pay closer attention. So if MM 1 & 2 are on the witness list, does that mean they cannot be in the courtroom supporting Dear Old Dad?

Yes, and just because someone is on the list, doesn't mean the prosecution is obligated to call them.

In Patrick Frazee's trial, the prosecution put his mother on the list and never called her, so she was forced to spend the entirety of the trial in the hallway.

 

[Tumbleweed]

Here I was jumping the gun and thinking the jury would be sequestered. I have to pay closer attention. So if MM 1 & 2 are on the witness list, does that mean they cannot be in the courtroom supporting Dear Old Dad?

Maybe Barry doesn't want his daughters to hear all of the sordid details? Would defense lawyers request witness sequestration if he requested it of them?

 

[Tumbleweed]

I have a lot of questions but am curious if both Morphew daughters will testify and does sequestering a witness during trial mean keeping them apart from everyone during trial?

Good question! Would the daughters need to be kept apart? Or is it more of a promise witnesses make to not discuss the case with anyone?

 

[Love Never Fails]

Maybe Barry doesn't want his daughters to hear all of the sordid details? Would defense lawyers request witness sequestration if he requested it of them?

Great question. I can imagine Barry doing exactly that.

 

[DizzyB]

Well I guess there will be no supporters in the courtroom-I would imagine that family and friends from both sides will be on the witness lists.

 

[Love Never Fails]

Well I guess there will be no supporters in the courtroom-I would imagine that family and friends from both sides will be on the witness lists.

I would be happy to see all the WS members who believe he is guilty to be in the courtroom.

I remember when a large group from WS attended the trial of Jodi Arias. It was wonderful.

 

[Tumbleweed]

Well I guess there will be no supporters in the courtroom-I would imagine that family and friends from both sides will be on the witness lists.

And what does this mean for LE, who are still investigating, and are on witness lists. They can't talk about the case? Maybe it's not an issue. Two key LE have moved on...

 

[MassGuy]

And what does this mean for LE, who are still investigating, and are on witness lists. They can't talk about the case? Maybe it's not an issue. Two key LE have moved on...

No, this only applies to trial, and won't inhibit their ability to continue investigating in any way.

 

[mom2chloe]

We'd need a lawyer to chime in here, but this was the same practice used in the trial of the man accused of murdering Kelsey Berreth.

From what I can gather, any party can request witnesses be sequestered in Colorado (I think the prosecution requested this in the Berreth case).

The defense would want this here because it would make it harder for witnesses to change their testimony based on what a prior witness has said.

They could then point out discrepancies.

The prosecution would probably like it as well, as it would keep Barry's supporters out of the courtroom if they were on the witness list (daughters for instance).

Clarifying you’re meaning Cahill versus Grusing please? TIA
ETA I was behind but can you confirm Grusing is still within the fold whereas Cahill may not be? Sorry hanging with family in much needed quality time. Thanks again.

 

[Derph]

I would be happy to see all the WS members who believe he is guilty to be in the courtroom.

I remember when a large group from WS attended the trial of Jodi Arias. It was wonderful.

" Wonderful " is not a word I would use to describe any murder trial. Especially that one.

 

[MassGuy]

Clarifying you’re meaning Cahill versus Grusing please? TIA

Not sure if you responded to the wrong post, but if not, either the defense or prosecution can request witnesses be sequestered. My guess would be the defense requested it here, and the prosecution took no issue (we'll see though).

If you did respond to the wrong post, I think Grusing is way more important than Cahill to the prosecution, and it's not remotely close.

 

[Love Never Fails]

" Wonderful " is not a word I would use to describe any murder trial. Especially that one.

After a long trial and Jodi trying to outsmart everyone in the courtroom, it was wonderful to see her found guilty and to know so many of our sleuthers got to be there in person and come back and tell us all about it.
It was a close knit group and we all wanted justice for Travis. I wish there were NO murders. But when you realize you are facing evil (and she was!), then yes, justice was wonderful.

 

[Tumbleweed]

Clarifying you’re meaning Cahill versus Grusing please? TIA
ETA I was behind but can you confirm Grusing is still within the fold whereas Cahill may not be? Sorry hanging with family in much needed quality time. Thanks again.

Grusing quit the FBI. I can't remember a source but if you google him you will see where he is currently working, and it's not with the FBI.

ETA:
Actually, I think it was stated at the beginning of his latest court appearance for Barry's previous hearing?

 

[Seattle1]

Here I was jumping the gun and thinking the jury would be sequestered. I have to pay closer attention. So if MM 1 & 2 are on the witness list, does that mean they cannot be in the courtroom supporting Dear Old Dad?

I believe that is true. In Frazee's trial, his mother, on the witness list, traveled to the courtroom every day and sat outside the courtroom doors on a bench. And when the trial ended, she was never called as a witness.

 

[CGray123]

According to Rule 615 of the Colorado Rule of Evidence, the judge has no discretion. Once a party requests that witnesses be sequestered, the court must issue the order.

Rule 615 - Exclusion of Witnesses

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of his cause.

This is almost always requested and ordered in my experience, and according to my lawyer friends. The advantage is exactly as stated by @MassGuy.

These orders conflict directly with the Victim Rights Act, which would otherwise require that the daughters be admitted to every hearing and the trial. The trial court in the James Holmes mass murder case issued an extensive order addressing this conflict.

 

[Seattle1]

Grusing quit the FBI. I can't remember a source but if you google him you will see where he is currently working, and it's not with the FBI.

ETA:
Actually, I think it was stated at the beginning of his latest court appearance for Barry's previous hearing?

Respectfully, I believe Jonathan Grusing retired from the FBI after a long career. CBI's Cahill resigned last December -- days before an internal affairs investigation document was released-- one that would have resulted in his termination.

Man repeatedly threw away trash on day wife disappeared