Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #98

[CGray123]

First the data set has to be given to the defence as part of the discovery. Prosecution and defence experts may analyse the data - those reports and analysis need to be provided to the other side as part of discovery before trial.

For the trial, the prosecution will exhibit the relevant parts of the Telematics data set and/or any special reports.

When i went to law school, the relevant witnesses would then produce these exhibits into evidence. The process is somewhat mechanical due to the need to establish foundation, authenticity, chain and custody etc

So the prosecution doesn't just say "here's the telematics judge!"

Rather a witness has to establish that BM's truck was seized. Then another witness has to establish that the telematics were downloaded from the truck and that the data exhibited is in fact the data recovered from the truck ... etc. Of course in practice a lot of this stuff is streamlined to avoid wasting time calling every witness under the sun on matters both sides agree on. So for example, one of the investigating officers produces multiple things.

At least that's how i learned it all.

I think you're spot on. For anyone interested in a more in depth (yet accessible) view of legal procedure, evidence, and trial practice, readers might benefit from Making Sense of the Rules of Evidence and Preparing Your Case for Trial, a web page article on the site of The Law Offices of William Markham, a California litigation firm. The firm represents businesses and executives, but its practice is not limited to the civil side of their clients' litigation needs: "white collar" criminal defense is part of their services.

I would add one wrinkle from my observations. In most cases, when the case is ready for trial the judge will issue a pre-trial order that requires - among many other things - that the parties stipulate the admissibility of evidence so that the case can be presented without interruption. The order also commonly includes pre-trial rulings on such issues so that objections need not be raised and resolved during the trial. I don't know whether such an order has been or will be issued in People v. Morphew, but if it isn't I think the risk of a chaotic trial will go way up. It would also raise concerns about the Judge's courtroom management IMO.

 

[Love Never Fails]

Can someone identify Cody Cox and what, if anything, he has to do with this case?

 

[brissygirl2019]

This article says Cox was an employee of BM's for almost two years ...

Suzanne Morphew mystery: Was a missing Colorado mother murdered or abducted?

From the article ...

Cody Cox was part of Barry's landscaping crew for nearly two years when Barry first arrived in Colorado.

 

[Love Never Fails]

This article says Cox was an employee of BM's for almost two years ...

Suzanne Morphew mystery: Was a missing Colorado mother murdered or abducted?

From the article ...

Cody Cox was part of Barry's landscaping crew for nearly two years when Barry first arrived in Colorado.

Thank you for replying. I googled him after asking. I had forgotten about him.

 

[brissygirl2019]

Thank you for replying. I googled him after asking. I had forgotten about him.

No worries, I had forgotten about him as well

 

[BDAJAG]

Thanks for this! From what I read, these filings are attempts to make a mountain out of a molehill and generate media coverage that may prejudice the jury pool. This case will not be dismissed. The defense may try to use some of these arguments during the trial. We'll see if the jury is in the market for eyewash.

This would not be the first time I've shown myself to be slow on the uptake...
I pray, humor me:
"eyewash" ?

 

[Cindizzi]

This article says Cox was an employee of BM's for almost two years ...

Suzanne Morphew mystery: Was a missing Colorado mother murdered or abducted?

From the article ...

Cody Cox was part of Barry's landscaping crew for nearly two years when Barry first arrived in Colorado.

Also from the AA
Pages 19, 21 and 48
https://www.courts.state.co.us/user.../21CR78/21cr78 Morphew Redacted Affidavit.pdf

 

[Seattle1]

Can someone identify Cody Cox and what, if anything, he has to do with this case?

From pg 21 of the AA, BM alleges Cody threatened to kill him after he fired him for the crooked wall (another meth-head).

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

ETA: In other words, AM didn't draw Cody's name out of a hat -- we know where he got this name from.

 

[Love Never Fails]

Thanks to everyone who replied to me about Cody Cox.

I had forgotten about him. Guess he will be a witness at trial. Or maybe not.

Have the defense or prosecution published an updated witness list?

 

[Cindizzi]

View attachment 337674

View attachment 337675
From pg 21 of the AA, BM alleges Cody threatened to kill him after he fired him for the crooked wall (another meth-head).

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

ETA: In other words, AM didn't draw Cody's name out of a hat -- we know where he got this name from.

Plus the fact that The text or email from Kobach referencing AM is dated June 2020 ( when AM was still under the impression that BM had taken and passed lie detector and voice analysis tests ).
JMO

 

[O.Incandenza]

So probably the most relevant thing to the trial is what this motion says about the DNA.

It sounds like the 4th CODIS hit is also from the glove box DNA. It's to a case in Maryland that the CBI does not think will be solved. It sounds like the hit was not disclosed to the defense until right before the last hearing. I would not be shocked if the prosecution is sanctioned over the delayed disclosure of that hit. However, it's good news that this is still just the glove box DNA. I was worried that this might be a sample from the bike which would be more useful to the defense.

Also, it sounds like when the prosecution says that the 3 other CODIS hits have been ruled out, what that meant is that they have identified a suspect in those cases and have determined somehow that he could not be the source of the glove box DNA. I don't know how much that really rules them out though, since this person hasn't been convicted of the crimes yet. It's not even clear if they've been arrested. The defense refers to them as 'one of the possible suspects' in the case, though I wouldn't put a great deal of faith in their characterization.

 

[Cindizzi]

Lauren has updated this story to include the exhibits attached to the recent Defense Motions:

https://twitter.com/laurenscharftv/status/1507122593437990924?s=21

The exhibits have been attached to the article now. I encourage you to read the exhibits to fully understand what the defense is claiming.


https://www.fox21news.com/barrymorp...se-files-motion-to-dismiss-murder-case-again/

Exhibits:

https://www.fox21news.com/wp-content/uploads/sites/37/2022/03/Exhibits-for-D-17-e.pdf

 

[al66pine]

This would not be the first time I've shown myself to be slow on the uptake...
I pray, humor me:
"eyewash" ?

"Nonsense, flattery or pretentiousness.(slang): window dressing"
eyewash - Wiktionary

The Internet, amazing, isn't it? A smiley and a grin to humor you.
__________________
HINT: Try that old standby, a google search, w word in question plus wikipedia, or synonym, or definition. Also among the 1,210,000 results:
" 1: an eye lotion
2: misleading or deceptive statements, actions, or procedures."
Definition of EYEWASH
"...Nonsense; flattery; pretentiousness. noun. (...slang) A means of creating a deceptively favourable impression of something or someone; something for appearance only."
https://www.yourdictionary.com › eyewash

 

[O.Incandenza]

Also, the defense says that one of the prosecution attorneys (Bob Weiner) said in court that it turns out a regular gun was actually incapable of firing the tranquilizer dart, contrary to what had been said previously. I'd obviously want more confirmation before believing that, but if they have actually reached that conclusion then we may see a different theory of the murder presented at the trial.

 

[Megnut]

Barry copped to firing something at PP.

So he did have a tranq delivery system. And now it's gone.

Fancy that.

JMO

 

[DizzyB]

Plus the fact that The text or email from Kobach referencing AM is dated June 2020 ( when AM was still under the impression that BM had taken and passed lie detector and voice analysis tests ).
JMO

AM had an opinion. So what. Would his opinion have any bearing on Barry’s guilt? I do not believe that Barry would be arrested based on Andy’s opinion. If AM could cite instances of abuse, or provide details of Barry’s behavior that might provide insight to LE, that might be helpful to them. I thought Barry was innocent at one point as well. I spent a lot of time wondering about all of the players in this case. I’m sure LE did as well. None of this is about the evidence. It’s about getting Barry off by gutting the case.

 

[al66pine]

Violating 4 CO. Rules of Professsional Conduct.
Past Censure of Ms Stanley?

DA Stanley. The 2017 censure....
People v. Linda Stanley. 18PDJ058. May 16, 2019.
The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct
and publicly censured Linda Stanley... effective May 16, 2019...

sbm for focus

The keyword here is CIVIL CASE...

@Boxer @Seattle1 Thanks for your posts.
First, acknowledging that she was censured for her actions & failure to act in a prompt manner in her private practice in a civil case. Yes, this is a crim case she/her office is prosecuting.
Second, not forecasting the eventual outcome re def team's motion(s?) for sanctions in this case.

So, just saying this past Censure does not reflect positively on her. (my2ct, from Capt. Obvious )
But apparently voters were not dissuaded from putting her in office. (Their 2 cents)

 

[al66pine]

Upfront $ from BM to Carry Suit Against LE?
Post by @HongKongPhooey ↑
"...Not familiar with technicalities so apologies - but would he have to pay the costs up front to bring a civil case?"

Depends on the agreement. If the civil attorneys took it on a contingency basis there isn't large upfront costs and lawyer's fees are paid from the settlement.

@Momofthreeboys Not trying to be a smart aleck, but that ^ assumes there will be a $ settlement and in an amount sufficient to cover costs & atty fees.
Personally, making no predictions on outcome.

But precise answer, as you said, depends on terms of engagement agreement.

 

[Boxer]

I am sure E&N have done their homework on Stanley, and will pound deadlines etc.

 

[Murphy1950]

AM had an opinion. So what. Would his opinion have any bearing on Barry’s guilt?

RSBM
This whole Cody/Andy business is understandable.
AA page 26.. During Barry's June 25th interview
Barry said "that Suzanne's family, the Moorman's, were involved in marijuana and maybe they were responsible for her disappearance. He referred to Suzanne's sister, Melinda, as being "wicked," and her brother, David, as being "smart enough to do something like this. He's brilliant." ....
Clearly pointing his finger at Melinda, David, and the nephews...not Andy. Because Andy was still unaware of Barry's lies and giving him the benefit of the doubt. When Andy came to help search on May 11th
Barry clearly planted the seed he had a problem with Cody...

That was all Andy knew, he believed even up until early July Barry had taken and passed polygraph test. Seems David was just on to Barry and Melinda had the benefit of a distressed text a few days before. Andy took Barry at "face value" until he learned differently.
This is what Andy believed, that Cody had threatened the family. Listen from about 9 minutes to 12 or so..you have it all.