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

[waldojabba]

And this is no way to sanction the DA by sabotaging their case. In my whole life, I've never heard of such a thing.
Where are the victim's rights? I said it before and I'll say it again, why not just grant their motion to dismiss?
I'll personally start a fund to retry the case and give a generous donation, if the DA decides to dismiss without prejudice. Let's see how he rules in the upcoming hearings but the damage is already done.
IMO, Lama has a major bias in this case. I don't care who for or against but these are not the actions of a fair and nonprejudicial judge. This judge has got to go.
IMO

@marylamby I am with you, if there are to be sanctions, IMO the sanctions should penalize the attorney/prosecutions office not the victim/victims case. Seems totally off to me that due to discovery violations, witnesses voices will not be heard. That 100% impacts the victims case and verdict. And the attorneys with their absolute immunity, well they just move on to the next case.
Either push the court time out proportionately for the time the defense will need for the violation or dismiss without prejudice as MLamby said.
Lets protect everyone's rights not just those of the D because the judge is worried about an appeal. I see too many people looking out after only themselves and the victim is totally getting lost in the process.
I don't have any experience inside a criminal court, but from what I have seen from the outside looking in all these years there is an awful lot that needs fixing. I have my thoughts about the judge but until he starts posting some of his rulings for us to see ( what no sanctions for him not posting in a timely fashion?) I am withholding judgement
I also am perplexed about the way the media is being treated in this case. There was not a webX violation ( the reason the Judge used for limiting electronics etc in the court) so why is the media reporting from the courtroom still limited? This court case definitley needs transparency. I hope the media and Suzanne's family are pushing in that direction. Right now I feel like Suzanne has no voice
in this process. Unsettling at best.

 

[waldojabba]

I'm not sure of this myself. A restraining order to me wouldn't be a mundane thing at all, but I'm obviously UK based so maybe they are applied in less mundane situations here.

@HongKongPhooey - An RO is not a mundane thing here in the states either. IMO There is a clear pattern of domestic violence in this marriage.
Anyone with clarity about what the signs of domestic violence are can readily recognize this.
I understand it can be difficult for others, for many reasons, to understand what domestic violence actually is. Just my thoughts

 

[swedeheart]

Very likely unrelated, but maybe something to watch. This is about 15 mins from Broomfield.







Jeffco Sheriff
@jeffcosheriffco

Today we are in the area of tunnel 2 on Hwy 6 in Clear Creek Canyon. We are recovering human remains that were found in a remote location. The death was not recent. More info on the investigation will be provided as it becomes available. Please carefully through the area.

Jeffco finds human remains in Clear Creek Canyon | 9news.com

 

[susiQ]

Very likely unrelated, but maybe something to watch. This is about 15 mins from Broomfield.







Jeffco Sheriff
@jeffcosheriffco

Today we are in the area of tunnel 2 on Hwy 6 in Clear Creek Canyon. We are recovering human remains that were found in a remote location. The death was not recent. More info on the investigation will be provided as it becomes available. Please carefully through the area.

We could use a miracle right about now.

 

[Momofthreeboys]

@marylamby I am with you, if there are to be sanctions, IMO the sanctions should penalize the attorney/prosecutions office not the victim/victims case. Seems totally off to me that due to discovery violations, witnesses voices will not be heard. That 100% impacts the victims case and verdict. And the attorneys with their absolute immunity, well they just move on to the next case.
Either push the court time out proportionately for the time the defense will need for the violation or dismiss without prejudice as MLamby said.
Lets protect everyone's rights not just those of the D because the judge is worried about an appeal. I see too many people looking out after only themselves and the victim is totally getting lost in the process.
I don't have any experience inside a criminal court, but from what I have seen from the outside looking in all these years there is an awful lot that needs fixing. I have my thoughts about the judge but until he starts posting some of his rulings for us to see ( what no sanctions for him not posting in a timely fashion?) I am withholding judgement
I also am perplexed about the way the media is being treated in this case. There was not a webX violation ( the reason the Judge used for limiting electronics etc in the court) so why is the media reporting from the courtroom still limited? This court case definitley needs transparency. I hope the media and Suzanne's family are pushing in that direction. Right now I feel like Suzanne has no voice
in this process. Unsettling at best.

The State of Colorado through the local DA is who is bringing the case. Unfortunately a truth and a fine distinction is it is prosecutors do not represent the victim(s)...they represent the people that live there and whether the defendant broke the laws of Colorado or that jurisdiction...the State of Colorado vs. Barry Morphew. If cases were "victim" vs "defendant" it would presuppose a crime occurred. Much has improved with regard to victim's rights and the law and inclusivity of victims and family through the trial and the process and many larger jurisdictions have victim advocates who help explain the process and support victims and family, but ultimately sanctions are levied against the "state" so in fact, the sanctions are against the prosecutor.... which might indirectly affect the trial. I do think it is helpful for people to be able to read motions and decisions...I'm very dismayed that we aren't seeing this in this case. I do think it would cut down on some of the speculation that has occurred and is occurring although for the most part the only risk is tainting a jury and creating an opportunity for appeal should Barry be found guilty so I kind of speculate defense and judge will carry on as there is not much time left until jury selection and trial begin. Judges come in all shapes, sizes, colors and genders and generally their decisions are written with citations and should they make a mistake in their interpretation of the law ultimately it would come up in appeal if the defendant is found guilty. If people recall, the judge's decision in the Frazee case's main witness Krystal Kenney was turned back as the appeal court said he misapplied the law by issuing the sentence enhancer and she was resentenced within guidelines which ultimately meant she was released as she had already served the time within guidelines.

 

[HongKongPhooey]

@HongKongPhooey - An RO is not a mundane thing here in the states either. IMO There is a clear pattern of domestic violence in this marriage.
Anyone with clarity about what the signs of domestic violence are can readily recognize this.
I understand it can be difficult for others, for many reasons, to understand what domestic violence actually is. Just my thoughts

I agree with you. Anyone who still thinks it relates to a full on Punch and Judy show is v out of touch in my opinion.

 

[sk716]

Very likely unrelated, but maybe something to watch. This is about 15 mins from Broomfield.







Jeffco Sheriff
@jeffcosheriffco

Today we are in the area of tunnel 2 on Hwy 6 in Clear Creek Canyon. We are recovering human remains that were found in a remote location. The death was not recent. More info on the investigation will be provided as it becomes available. Please carefully through the area.

Jeffco finds human remains in Clear Creek Canyon | 9news.com

He would have driven past there. I don't think it's possible. He would have needed hours to hike even if he managed to not open the door or put the truck in park.

 

[crhedBngr]

We could use a miracle right about now.

Agreed!

JMVHO.

ETA: Apologies. I linked an article showing a rescue dated 2021.

 

[CGray123]

Very likely unrelated, but maybe something to watch. This is about 15 mins from Broomfield.







Jeffco Sheriff
@jeffcosheriffco

Today we are in the area of tunnel 2 on Hwy 6 in Clear Creek Canyon. We are recovering human remains that were found in a remote location. The death was not recent. More info on the investigation will be provided as it becomes available. Please carefully through the area.

Jeffco finds human remains in Clear Creek Canyon | 9news.com

Tunnel #2 on U.S. 6 is in the general vicinity of Silverthorne, where the highway intersects with Interstate 70 and Colorado 9. It's close to the Keystone ski resort. If BM took U.S. 285 to Fairplay, he could take Colorado 9 and get to the vicinity of Tunnel 2 without a huge loss of time. He'd get back on I 70 and have a high speed road to metro Denver.

So, not out of the question.

 

[Cindizzi]

Tunnel #2 on U.S. 6 is in the general vicinity of Silverthorne, where the highway intersects with Interstate 70 and Colorado 9. It's close to the Keystone ski resort. If BM took U.S. 285 to Fairplay, he could take Colorado 9 and get to the vicinity of Tunnel 2 without a huge loss of time. He'd get back on I 70 and have a high speed road to metro Denver.

So, not out of the question.

Sheriff now saying they don’t suspect foul play.

Human remains recovered in Jefferson County
Just after noon, the sheriff’s office updated that it had successfully recovered the remains and did not suspect foul play.

Hikers find human remains in Clear Creek Canyon


The remains were found too late in the day to mount a recovery operation Saturday, sheriff’s spokeswoman Jenny Fulton said Sunday. She said the death appeared to have happened at least months, and perhaps years ago.

“We don’t know the circumstances,” she said. “…We’re not treating it as a homicide at this point, it could be an accidental death, a suicide, a medical issue.”

 

[MountainDad]

Barry knows how to hide a body. We really have no idea if Suzanne is in Broomfield, in his old yard at Puma Path, or possibly in a mine shaft. I think this aspect adds to premeditation. No way he could control the evidence trail to her body if it was a spur of the moment decision to take her life. MOO

 

[MassGuy]

Sheriff now saying they don’t suspect foul play.

Human remains recovered in Jefferson County
Just after noon, the sheriff’s office updated that it had successfully recovered the remains and did not suspect foul play.

Hikers find human remains in Clear Creek Canyon


The remains were found too late in the day to mount a recovery operation Saturday, sheriff’s spokeswoman Jenny Fulton said Sunday. She said the death appeared to have happened at least months, and perhaps years ago.

“We don’t know the circumstances,” she said. “…We’re not treating it as a homicide at this point, it could be an accidental death, a suicide, a medical issue.”

Yeah, and I hated the location too. I don't think she's anywhere near that area.

 

[Cindizzi]

Yeah, and I hated the location too. I don't think she's anywhere near that area.

Agreed on the location.
It’s sad but hopefully it will bring some closure to the loved ones of a missing person .

We can all have a spark of hope for SM being found.
With the weather warming up and days getting longer, perhaps there’s a chance even a slim one.
I’m going to keep hoping.
MOO

 

[Seattle1]

Very likely unrelated, but maybe something to watch. This is about 15 mins from Broomfield.







Jeffco Sheriff
@jeffcosheriffco

Today we are in the area of tunnel 2 on Hwy 6 in Clear Creek Canyon. We are recovering human remains that were found in a remote location. The death was not recent. More info on the investigation will be provided as it becomes available. Please carefully through the area.

Jeffco finds human remains in Clear Creek Canyon | 9news.com

Seems officials don't suspect foul play after a body was found by hikers in a remote area.

From the link:

The cause of death is unknown at the time but officials don't believe it was suspicious. The Coroner's Office will release a cause of death after the autopsy is complete.

 

[Cindizzi]

I do not believe DV is out as a sentence enhancer if BM is convicted of murdering Suzanne. As someone else has said, that would be the ultimate act of domestic violence. But I still don't see how the enhancements in the statute would add to the punishment of someone who is incarcerated for the rest of his life.

I understand that expert testimony about the nature of DV and the behaviors of the parties to such a relationship has been ruled out, in part because the judge found that BM's prior bad acts that could constitute DV in the expert's view are outweighed by the unfairly prejudicial effect the expert's interpretation may have on the jury's deliberations. This is the fourth and final element of a test developed by the Colorado Supreme Court in People v. Spoto. Therefore, I infer the proffered evidence passed the first three elements of the analysis:

1. The DV evidence relates to a material fact, i.e., a fact "that is of consequence to the determination of the action."

2. The DV evidence is logically relevant, i.e., it has "a tendency to make the existence of [the material fact] more probable or less probable than it would be without the evidence?"

3. The logical relevance is independent of the intermediate inference, prohibited by CRE 404(b), that the defendant has a bad character, which would then be employed to suggest the probability that the defendant committed the crime charged because of the likelihood that he acted in conformity with his bad character. (IMO, this is I&E's argument about "profiling" which it seems the judge rejected).

Only if the proffered evidence survives the first three parts of the analysis does the court assess whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.

If I am right about the above findings, I wonder whether the evidence concerning the suicide threats (including the one with a weapon), the forcing against the wall, the "clipping" of SM's nose, etc. could still be admitted for a limited purpose as evidence of SM's state of mind (frightened of BM), and not as evidence that the incidents occurred, of BM's character. Given the court's balancing of probative value/unfair prejudice he may think any reference to these incidents is just too unfair to poor BM, but in the absence of more detailed reporting I maintain some hope for this evidence.

I think people are upset with the judge's ruling because he seems to be operating on male stereotypes about women that we believe must change if what women ask of men is to come to pass - to quote RBG, “I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.” I love the men (and boys) in my life, but I look around and I understand what she meant.

I found this article from the February 10 hearing .

I can’t snip all of it but here’s some quotes of the Judge denying State’s Motion to include prior acts of DV.


FREMONT COUNTY, Colo. — A judge in Fremont County denied a motion Thursday to admit prior acts of alleged domestic violence in Barry Morphew's murder trial that is scheduled to begin in May.

In a courtroom in Cañon City, prosecutors detailed several acts of alleged domestic violence they said Barry Morphew committed toward his wife Suzanne.

"It's a unique case," said Judge Ramsey Lama from the bench during the motions hearing Thursday morning.

Lama spent nearly half an hour detailing to the courtroom filled with lawyers, Barry's daughters, and journalists his method for determining whether or not to grant the prosecution's motion to allow the information to be admissible during the trial.

"The court does not find that the people have met their burden under Spoto. (People v. Spoto, 1990) The motion is denied," Lama said shortly after noon.

Lama said that under Colorado law, the information presented by prosecutors could not be admitted in the way it was presented to the court Thursday.

"(The information) is relevant and raises great suspicion, but only if I use it in a prohibited purpose," Lama said before revealing his decision, citing several legal analysis techniques he used to make his decision.

Judge denies motions in Barry Morphew hearing | 9news.com



There’s more about the texts and SO statements.

 

[susiQ]

Agreed!

JMVHO.

ETA: Apologies. I linked an article showing a rescue dated 2021.

 

[borndem]

Barry knows how to hide a body. We really have no idea if Suzanne is in Broomfield, in his old yard at Puma Path, or possibly in a mine shaft. I think this aspect adds to premeditation. No way he could control the evidence trail to her body if it was a spur of the moment decision to take her life. MOO

Yes, total premeditation. He may have just had to wait for the right time & circumstances - where the girls were, possibly the weather, having other things ready before and after the deed, finding a place to dispose of a body, and an alibi for his whereabouts that day. So far his plan has worked WRT the body (if indeed he is the guilty one -- IMO he is)...
The actual killing may have been spur of the moment, but the plan to get it done was not, IMHO.

And one more thing:

Welcome to Websleuths,
MountainDad !!
​

 

[mrjitty]

I dug up Spoto a thread or two ago.

The decision makes sense. I just don't agree with the precedents as they currently stand as regards DV.

The evidence is prejudicial for good reason. Indeed that is the whole point. So saying we are going to exclude it because people think it makes Barry look more guilty is an odd result IMO

And I say this as someone who is against propensity reasoning in criminal cases....

 

[katydid23]

MOO if so, moo the prosecution should have spared no effort to show they did provide the discovery, and iy was provided in an accessible and generally accepted form.

It is generally an accepted form to hand over the full hard drive. In doing so, everything is available for access. The defense needs to have a computer tech who is able to copy the hard drive and bring it up on their devices.

 

[katydid23]

I found this article from the February 10 hearing .

I can’t snip all of it but here’s some quotes of the Judge denying State’s Motion to include prior acts of DV.


FREMONT COUNTY, Colo. — A judge in Fremont County denied a motion Thursday to admit prior acts of alleged domestic violence in Barry Morphew's murder trial that is scheduled to begin in May.

In a courtroom in Cañon City, prosecutors detailed several acts of alleged domestic violence they said Barry Morphew committed toward his wife Suzanne.

"It's a unique case," said Judge Ramsey Lama from the bench during the motions hearing Thursday morning.

Lama spent nearly half an hour detailing to the courtroom filled with lawyers, Barry's daughters, and journalists his method for determining whether or not to grant the prosecution's motion to allow the information to be admissible during the trial.

"The court does not find that the people have met their burden under Spoto. (People v. Spoto, 1990) The motion is denied," Lama said shortly after noon.

Lama said that under Colorado law, the information presented by prosecutors could not be admitted in the way it was presented to the court Thursday.

"(The information) is relevant and raises great suspicion, but only if I use it in a prohibited purpose," Lama said before revealing his decision, citing several legal analysis techniques he used to make his decision.

Judge denies motions in Barry Morphew hearing | 9news.com



There’s more about the texts and SO statements.

THis judge Lama is making me nervous...