Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #96

[coastal]

I woke up today to find my phone in safe mode. My phone's safe mode allows you to access the operating system in a limited way, so that you can troubleshoot troublesome apps without screwing up the operating system. Safe mode restricts most apps by graying them out. It also turns on airplane mode.

(Normally, to enter safe mode, you restart the phone while holding the down volume button. It took me an hour to figure out the problem, which was that my volume down button was trapped by the phone case, such that every time I restarted the phone, I asked it to go into safe mode. Thanks to the random blogger who straightened me out!)

Just saying. Do i-phones have a safe mode?

 

[Lyanna]

No court but some new documents were released.

All the reporters are tweeting about it.

Colorado Judicial Branch

Thank you

 

[Cindizzi]

BARRY MORPHEW: Arresting Morphew was 'worst decision that you can make,' CBI agent says | FOX31 Denver

Cahill also told the internal affairs investigator that after putting the case together for a year, he saw an “erosion of framework” while he was at school and off the case from March through May of 2021.

The report said that on Aug. 24, 2021, during the preliminary hearing testimony, Cahill claimed he only read nine pages of the Morphew arrest affidavit. At the time, internal affairs requested revisions to the affidavit, documents showed. However, internal affairs claimed that multiple requests were made to Cahill for revisions to the affidavit between Aug. 24, 2021 to Jan. 25, 2022.

District attorneys on the Morphew case complained to CBI administration about Cahill’s testimony during the August 2021 hearing. Cahill said he received a phone call from the defense attorney the night before his testimony asking him to appear in court.

Cahill said he showed up to the hearing unprepared and, according to the recently released documents, had almost no communication with the sheriff’s office or the district attorney’s office before the hearing.

Cahill said the complaint specifically asked that he no longer work on the Morphew case.

The week after the complaint was filed Cahill was transferred to the CBI’s marijuana unit.

 

[waldojabba]

Barry Morphew investigator said his arrest was "premature" | 9news.com

[According to the court documents obtained by 9NEWS, Mophew’s defense attorneys write that former Colorado Bureau of Investigation (CBI) Agent Joseph Cahill “stated the case was not remotely ready for anybody to move the case forward.”

The comments were reportedly made during a Dec. 2, 2021, Internal Affairs interview conducted by CBI after Cahill accidentally fired his weapon and struck his own hand while at home and off duty.]


...

[The attorneys, Iris Eytan and Hollis Whitson, argue in the motion that “had the withheld information been available at the Preliminary Hearing, it is certain that probable cause would not have been found.”]

BBM Wait a minute. Are these comments that were made Dec 2 2021 well after the arrest and Prelim ? Or are they comments made before the arrest and Prelim and just reported in the IA investigation in Dec ? Wondering why those comments would be made at the investogation of his gun's discharge. Did he also get called out by IA in December for going away on military leave before following up on the DNA? Was he then defending himself saying, What was the rush, how was I to know they were going to jump the gun and file charges, the case was nowhere near that point etc?
And if he made those comments in dec 2021 how could they have been withheld at the Prelim that was months earlier ? IMO

 

[Cindizzi]

https://twitter.com/carolamckinley/status/1498729871228358658?s=21

Keep in. mind that Cahill thought there was probable cause, he just didn't agree with timing. Also, Judge Patrick Murphy signed the arrest warrant in May 2021. @DenverGazette

 

[fcavanaugh]

Barry Morphew investigator said his arrest was "premature" | 9news.com

The defense’s motion also says that two of Cahill’s former supervisors, CBI Deputy Director Chris Schaefer and Agent Kemper, spoke with Chaffee County Sheriff John Spezze about the concerns expressed to them by Cahill and the other agent investigating the case, Agent Derek Graham.

“Mr. Cahill stated that Sheriff Spezze did not heed CBI’s advice or opinions and moved forward with Mr. Morphew’s arrest. Mr. Cahill summed up by saying it ‘is what it is,’ ” the defense writes in the motion.

RBBM
This word salad by DC doesn’t make sense. The fact is that after a year long investigation involving three agencies of law enforcement, investigators presented their case to the DA who felt there was sufficient evidence to file the charges.
Spezze moved forward with BM’s arrest as ordered to do so via an arrest warrant signed by the Judge who felt there was sufficient probable cause to arrest BM.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Momofthreeboys]

https://twitter.com/carolamckinley/status/1498729871228358658?s=21

Keep in. mind that Cahill thought there was probable cause, he just didn't agree with timing. Also, Judge Patrick Murphy signed the arrest warrant in May 2021. @DenverGazette

That is my takeaway....that he and Graham didn't feel they were ready to arrest and expressed that to Speeze which contradicts the affirmation by DA, Lindsey and Walker that they had read the entire arrest affidavit and supported the arrest or at least that is what I'm gleaning at first glance.

 

[Momofthreeboys]

BBM
This word salad by DC doesn’t make sense. The fact is that after a year long investigation involving three agencies of law enforcement, investigators presented their case to the DA who felt there was sufficient evidence to file charges.
Spezze moved forward with BM’s arrest as ordered to do so via an arrest warrant signed by the Judge who felt there was sufficient probable cause to arrest BM.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I think the issue is the misrepresentation that the investigators had read and supported the AA and that the preliminary might have had a different outcome... so it's not all about the arrest warrant I think, it's not being able to have that testimony from Cahill and the other agent during the preliminary that they didn't feel the case was trial ready which might have changed the judges decision to send the case to trial.

 

[Sillybilly]

ADMIN NOTE:

Do NOT post rumors that result in discussion over 13 and 14 pages and hundreds of posts that Moderators have to review in order to catch and remove all the responses, and responses to responses.

If you can't provide a link in your opening post, don't post until you have a link to support information.

 

[Momofthreeboys]

https://twitter.com/carolamckinley/status/1498729871228358658?s=21

Keep in. mind that Cahill thought there was probable cause, he just didn't agree with timing. Also, Judge Patrick Murphy signed the arrest warrant in May 2021. @DenverGazette

Agree I think it's more about the preliminary and release of documents even moreso than the arrest. I have to wonder about the timing of releasing this motion - it looks like it's dated Feb. 9... so why release today? Is it because of Friday's hearing? Well since way back I've been one who thought they were premature and didn't have the case ready. :-( that AA just cemented my thoughts in that regard. I really hate that we aren't getting complete reports from the courtroom :-(

 

[fcavanaugh]

I think the issue is the misrepresentation that the investigators had read and supported the AA and that the preliminary might have had a different outcome... so it's not all about the arrest warrant I think, it's not being able to have that testimony from Cahill and the other agent during the preliminary that they didn't feel the case was trial ready which might have changed the judges decision to send the case to trial.

Sorry if my post wasn’t clear, I was addressing the DC statement in the motion that Cahill stated that Spezze didn’t heed CBI’s advice and moved forward with BM’s arrest. To elaborate on my point, perhaps Spezze didn’t agree with Cahill and Graham, I’d be interested in hearing Spezze’s side. Regardless, there were three agencies involved in the investigation and out of the many LE officers, CBI and FBI agents investigating, 2 CBI agents felt BM’s arrest was premature. I would say there were many LE that likely didn’t agree with Cahill and Graham since the case file was audited by the FBI (SA Grusing) and presented to the DA who felt there was enough evidence to file all the charges, and the Judge signed the arrest warrant authorizing BM’s arrest. Spezze didn’t make the decision to “move forward” and arrest BM, the Judge did.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Lyanna]

I don't want to go through all of these by myself to see if one exists.

List of murder convictions without a body - Wikipedia

Some of these are ummm, awful! People were tortured to get a confession, one case, they found the victim alive 13 years later - that was in Spain

 

[Pyrite]

I don't want to go through all of these by myself to see if one exists.

List of murder convictions without a body - Wikipedia

Thank you. That is a lot of cases to go through. Some of the listed give details on how it was done but lots definitely require more research to find out what evidence/testimony was used to convict.

 

[Lyanna]

Thank you. That is a lot of cases to go through. Some of the listed give details on how it was done but lots definitely require more research to find out what evidence/testimony was used to convict.

Murder of Suzanne Pilley - Wikipedia

This lady is on the list on Wiki that @sk716 posted, some similarities too between Suzanne M and Suzanne P

States what prosecution used for evidence.

Defence took 1/2 day at trial and the trial lasted 24 days

 

[waldojabba]

https://twitter.com/carolamckinley/status/1498729871228358658?s=21

Keep in. mind that Cahill thought there was probable cause, he just didn't agree with timing. Also, Judge Patrick Murphy signed the arrest warrant in May 2021. @DenverGazette

So, Cahill is not saying that the information in the AA is not accurate, just that he felt the arrest was premature -
Seems to me that Cahill’s position does not have the authority to decide when to arrest - he gives his opinion and then the DA/Speeze make a decision and the AA goes to the judge
Iris knew at the Prelim when Cahill testified that he had only read the first nine pages of the final version of the AA - and she also knew his signature was on the final version

So what's the big deal - how is any of this is exculpatory?

 

[MassGuy]

The People's response, and it's gold.
https://www.courts.state.co.us/user.../Morphew/2022-02-23 15-35-09 17C Response.pdf
https://www.courts.state.co.us/user.../Morphew/2022-02-23 15-35-09 17C Response.pdf

 

[FromGermany1]

Were you on the Pistorius threads FromGermany? I think i remember you from that?

On that case it was the timeline that drew me in - it was obvious he was guilty, but there was so much to figure out in terms of exactly how he worked it.

I think this case is it a bit similar. He obviously did it because SM went missing fully 12 hours before he left the house.

But how he dd it, is kind of fascinating in a macabre way, even though i guess we will never really know.

Yes, I was on the OP thread. And I had also to recover, just like you. It was exhausting, but of course very interesting.
I have repressed most of the case meanwhile, because I was so very disappointed by the outcome of the trial, swearing to myself, that I would never look at the case and OP again.

Wasn't there also a rammed bedroom door ......?

 

[MassGuy]

Lots of interesting bits here, to include this:

22. It is also telling that the defense is not asking to rehear the preliminary hearing as a sanction. If, as the defense contends, the hearing “violated [the defendant’s] due process rights” and with the latest information “it is certain that probable cause would not have been found.” Then the natural remedy is to rehear the Preliminary Hearing. The reason is clear why they do not want to redo the PH, because any judge will still find probable cause even with Mr. Cahill’s statements. In fact, it is arguable that a judge would more easily find probable cause, since we can now show that the three CODIS hits presented at preliminary hearing are not connected to this case.

 

[Diddian]

The People's response, and it's gold.
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-02-23 15-35-09 17C Response.pdf

#14. ...These unsubstantiated statements should be considered as simply sartorial embellishments and dismissed out of hand...​

"Sartorial embellishments." LOL! That is the perfect description.

 

[MrsWatson]

From the Motion by the prosecution, linked above by MassGuy:

In fact, it is arguable that a judge would more easily find probable cause, since we can now show that the three CODIS hits presented at preliminary hearing are not connected to this case.

ETA: Already posted by MassGuy, but bears repeating.