Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #99

[Momofthreeboys]

The thing that gets to me is it was defense that asked to add the week to the trial so there was time to play Barry’s meetings in entirety. Defense does things I think in a calculated manner which stops me to ask “why” they want the entire conversations. I have to wonder as everyone talks about Barry’s lies but we are only exposed to the sentences clipped for the AA so I am cautious and not “banking” on those conversations.

 

[MassGuy]

The thing that gets to me is it was defense that asked to add the week to the trial so there was time to play Barry’s meetings in entirety. Defense does things I think in a calculated manner which stops me to ask “why” they want the entire conversations. I have to wonder as everyone talks about Barry’s lies but we are only exposed to the sentences clipped for the AA so I am cautious and not “banking” on those conversations.

Hold it, are you saying his lies suddenly aren't lies when you reveal the entire scope of what he said?

I can't wait to hear the full context surrounding the wall job, and of course the turkey, elk, bear, deer, chipmunks, coyote, and god knows what other animals.

Just because the defense says they plan to play all those videos, doesn't mean they actually are.

 

[MassGuy]

Barry Morphew prosecution team wants witnesses reinstated | 9news.com


FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

<snip>

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."


The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

Cell phone data tracking information used from Suzanne's phone and information extracted from the defendant's truck, Bobcat and phone help the prosecution determine a timeline of the events between May 8, 2020 and May 10, 2020, reads the motion.

Experts from the prosecution's list also include testimony on data from the defendant's F-350 truck, other data from physical items and information obtained by search warrant.

The prosecution's motion says the exclusion of these witnesses damages their case "in a profound way." It continues, "By excluding the most damaging impeachment information against the defendant (cell phone data, truck telematics and GPS/CDR locations) the court has imposed sanctions tantamount to dismissal, with the defendant suffering a complete windfall."

 

[mom2chloe]

Hold it, are you saying his lies suddenly aren't lies when you reveal the entire scope of what he said?

I can't wait to hear the full context surrounding the wall job, and of course the turkey, elk, bear, deer, chipmunks, coyote, and god knows what other animals.

Just because the defense says they plan to play all those videos, doesn't mean they actually are.

This is an excellent point. IMO There is absolutely no way the Defense wants those played limited or in their entirety. Seriously They are lying. More BS IMO

 

[TIGER0822]

I wonder how much money BM spent ‘not’ to get his case dismissed! This is a step towards justice. BM is homeless, his two daughters sadly were left without a Mom, without a home. There were so many better ways he could have spent his money.

Colorado judge won't dismiss murder charge against Barry Morphew

 

[fcavanaugh]

We haven't even heard a small fraction of what Barry was asked and by who. Even with a 100+ page AA, they didn't even scratch the surface of what he was asked during 40+ hours of interviews. We don't know that they didn't ask great follow up questions.

I understand the concerns with how the investigation was handled. I also think it's good to keep in mind this is small town Colorado. They haven't had a crime like stranger abduction in a long time. I believe it was said over 20 years (likely before any of those officers working that day were on the job). They responded to a missing biker and seeing a wrecked bike over an embankment on the side of the road doesn't immediately make them think something criminal has occurred. I can understand moving the bike (not saying ideal world they leave it there). We do have their body worn camera on and we can see exactly where it was, how it was positioned, what they observed in the immediate area, etc. That was not willful mishandling in my opinion. They were not responding to a murder scene, they were looking into a person who may or may not be missing because her family was all away and she was unreachable. That is all they knew. No signs of a crime at the scene or at the house upon initial look.

I am not sure what else the LE could have done with no physical evidence and no body. This was very high profile from nearly day 1. 1000s of tips coming in and I don't know 20-30 agencies assisting. The sheriffs updates included new entities every time he updated. That is a lot of moving parts and many many people looking into various tips, some bogus just trying to cash in on money, psychics thinking they "see" all kinds of scenarios, Barry talking nearly non stop and lying. They had a tough job and I don't really see any willful mishandling.

I do see a defense trying to muddy every single thing and make mountains out of ant hills and a prosecution that is either in over their heads, has too many cases to handle, support staff not doing their part (who is in charge of getting discovery prepared to send to the defense?). It is easy for us to say why don't they just do xyz, but maybe there is a reason. They can't go into court listing off excuses, but sometimes those excuses do explain things and during this crazy last 2 years with COVID, maybe there are legit reasons for delays. Some of what we have already heard does explain why some of it wasn't done. Can't produce a document that you won't even know exists. Sometimes there are miscommunications. Unfortunately in this case the defense lawyers are masters of sniffing out every single one and making it appear as an intentional withholding and desire for the prosecution to hide things from them. I don't see that at all in this case. What I do see is a defense that knows they can't refute Barry's lies and they are doing every thing they can to make those that he lied to seem untrustworthy.. when the only shady one is Barry. He did this and people aren't perfect so the defense is pouncing on every imperfection in those involved in this case... but what about their client? Nothing is worse than what he has done, what he has lied about.. so they need everyone else to be the bad guys so he looks somehow better?

Excellent post @justtrish, I wholeheartedly agree with everything you said.
Jumping off your post-
LE were a little behind the eight ball to start because as you stated the crime that was called in was a lie by Barry because the actual/real crime occurred roughly 15 hours prior. Once they caught up within the first few days, Spezze made a great decision calling up extra help from CBI, FBI, and all LE involved conducted a thorough investigation over a year.

I also agree that the DT are masters of muddying the waters and of the other things you mentioned. Many of us predicted they would go after/try to discredit LE, the investigation, and trash the victim, Suzanne. Why? Because they literally have nothing else. Why, if their client had a ‘real’ air-tight alibi, have they not been hammering away on the alibi? Because they know that that Broomfield alibi is also a lie ergo, they don’t want anyone focusing on it for obvious reasons- because that Broomfield alibi is a joke, was just part of his cover-up, easily disproved and will backfire spectacularly on them if they place any focus on it. These women, E & N, are not stupid. They know/have seen the mountain of evidence the state has against their client, know that he has no alibi for when the real crime occurred and that he’s guilty AF. That is why they were fighting tooth and nail to get the case dismissed with prejudice because they do not want their client tried in front of a jury.
They are taking advantage of the prosecution’s ‘blunders’ which I agree could be related to delays due to COVID, waiting for info from agencies, lab results, short staffed etc. Sure, I wish the prosecution had been more organized and not missed deadlines. It’s not a good look for them, but it does not negate the overwhelming evidence the state has against BM.

The most confusing part for me right now is the Judge saying he felt that the prosecution missteps were not “willful”, yet he struck the majority of prosecution expert witnesses from being able to testify as such. It just seems so drastic and overly punitive to me and unfair, like he’s giving in to the defense and putting the prosecution at a disadvantage effectively crippling their case. As others have mentioned, it just does not seem like a level playing field. At any rate, I’m really hoping the Judge does grant the prosecution’s request and reconsiders the experts’ testimony and reinstates (I’m sure that’s not the correct legal term), but you get the gist. If not, I hope the prosecution moves fast with the next step and appeals to the higher court and/or requests dismissal so they can regroup, get more organized, and refile charges.

With trial due to start in just over two weeks, I have a feeling there’s going to be some legal ‘wranglings’ and decisions made at the 11th hour. We’ll see what happens, but I’m not as confident as some are with the trial proceeding as everything stands now- without the prosecution experts’ being able to testify as such. IMO, risky and higher potential for an acquittal to occur.
It’s a given that E & N are going to try and rip to shreds/discredit every witness the prosecution calls at trial. They just have to sway one juror, and the prosecution only gets one bite of the apple, and most importantly, Suzanne deserves justice.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Seattle1]

I'm not sure what his role was, but in the April 1st filed Motion to Reconsider, prosecution left him out as he had not by that time filed an expert report. So they requested a reconsideration on striking Hoyland, etc. but not him.

@abams, thanks for your response (and insight)!

I appreciate you.

First, since OP seems to have inside information from the motion, I plead with you to get verified-- as an insider for this case thread, where you can freely share details from all the defense leaked court documents-- including the April 1 Motion cited above.

I'm painfully limited to merely confirming that the April 1, Motion to Reconsider was filed with the Court (based on the Register of Actions (ROA), shared by reporter LS in the quoted post below).

To be clear, unlike OP, the only case documents we can view are located at the CO public court site (i.e., Cases of Interest).

Although we can see from the ROA there's been a plethora of documents filed with the Court since April 1, the only document publically shared for April is the April 8 Court Order [D-17].

Talk about being cut off at the knees with no access to what's unfolding!

Ouch...

It's especially disappointing since we know that Judge Murphy previously explained to the parties that Rule 55 provides for all the court documents to be public-- yet from the ROAs, we know the defense has consistently Motioned to Limit [our]Public Access -- as recent as April 5, 2022.

And what's worse is watching this tactical game where the defense's actions prove contrary to their words. MOO

Murphy reminded the courtroom that Rule 55 came into effect just as the case began. “If you haven’t read it – there is a presumption that court records are public … if you are filing something that you want protected, notify the clerk as to what needs to be protected/redacted. Once it is redacted, then it is released to the public. If you file something as suppressed, that means only the parties and court can see it. If you file something as suppressed, you have to file a separate redaction motion.”

Colorado Judicial Branch

Morphew Murder Trial Hearings Continue Dec. 14 - by Jan Wondra - Ark Valley Voice

Lauren Scharf@LaurenScharfTV

Replying to
@*************
You can send the motion to me in my inbox, so I can review it, but I’m still waiting for my request for these documents from the court.

7:11 AM · Apr 8, 2022

ETA: Take note that LS is referring to the ROA from the Court detailing numerous filings for the period April 1-6, 2022.

 

[mom2chloe]

I am in Kentucky and the sky is lit up with rainbows here and there. We hear you Suzanne! The storm is still coming but I believe the truth and Justice may just prevail!

 

[Aloe]

Barry Morphew prosecution team wants witnesses reinstated | 9news.com


FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

<snip>

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."


The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

Cell phone data tracking information used from Suzanne's phone and information extracted from the defendant's truck, Bobcat and phone help the prosecution determine a timeline of the events between May 8, 2020 and May 10, 2020, reads the motion.

Experts from the prosecution's list also include testimony on data from the defendant's F-350 truck, other data from physical items and information obtained by search warrant.

The prosecution's motion says the exclusion of these witnesses damages their case "in a profound way." It continues, "By excluding the most damaging impeachment information against the defendant (cell phone data, truck telematics and GPS/CDR locations) the court has imposed sanctions tantamount to dismissal, with the defendant suffering a complete windfall."

!!!!^

 

[Love Never Fails]

Great post rsbm. This part in particular I've wondered about since we've learned the CCSO suspected foul play by BM since day 2 or day 3 of the investigation as it came out in discovery via texts between LE. If so, why no direct attempts to secure the video footage at his stated locations at least?



I disagree, I think he's been impartial and all the decisions are fairly logical given the actions and omissions by the prosecution on record. If people are angry at the decisions, they should focus that anger on the DA and demand more of those officials elected to positions of public trust to carry out justice.

We should also demand judges read the AA and everything that is filed and not just accept a defense attorneys word. Don’t they take an oath to be impartial? Or something?

 

[MassGuy]

!!!!^

This is really damning.

"The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

 

[Seattle1]

Barry Morphew prosecution team wants witnesses reinstated | 9news.com

April 11, 2022

FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

[..]

Lama ordered that experts Megan Duge, Ken Hicks, Kevin Hoyland, Andrew McDermott, James Stevens and officers Derek Graham, Jonny Grusing, Ken Harris, Andy Rorrick and Alex Walker not be allowed to testify at trial.

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."


The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

[..]

The defense team filed a response to the prosecution's motion, asking the judge to deny that motion.

The defense team's response to the court states, "The facts in this case are insufficient to reach a murder conviction and the stricken experts do nothing more than bolster uncorroborated theories and hunches the prosecution would like the jury to adopt in what would be a specious and wrongful conviction."

The defense team's reply says that six weeks after the prosecution's deadline to provide expert disclosures to the defense and three weeks after the court struck these witnesses, the prosecution now wants to provide the information to the court with "new information and reports, that it claims are critical to prove its theory of murder."
_______________
MOTIONS BY PROSECUTOR & DEFENSE AT THE 9NEWS LINK ABOVE

 

[abams]

@abams, thanks for your response (and insight)!

I appreciate you.

First, since OP seems to have inside information from the motion, I plead with you to get verified-- as an insider for this case thread, where you can freely share details from all the defense leaked court documents-- including the April 1 Motion cited above.

I'm painfully limited to merely confirming that the April 1, Motion to Reconsider was filed with the Court (based on the Register of Actions (ROA), shared by reporter LS in the quoted post below).

To be clear, unlike OP, the only case documents we can view are located at the CO public court site (i.e., Cases of Interest).

Although we can see from the ROA there's been a plethora of documents filed with the Court since April 1, the only document publically shared for April is the April 8 Court Order [D-17].

Talk about being cut off at the knees with no access to what's unfolding!

Ouch...

It's especially disappointing since we know that Judge Murphy previously explained to the parties that Rule 55 provides for all the court documents to be public-- yet from the ROAs, we know the defense has consistently Motioned to Limit [our]Public Access -- as recent as April 5, 2022.

And what's worse is watching this tactical game where the defense's actions prove contrary to their words. MOO

Murphy reminded the courtroom that Rule 55 came into effect just as the case began. “If you haven’t read it – there is a presumption that court records are public … if you are filing something that you want protected, notify the clerk as to what needs to be protected/redacted. Once it is redacted, then it is released to the public. If you file something as suppressed, that means only the parties and court can see it. If you file something as suppressed, you have to file a separate redaction motion.”

Colorado Judicial Branch

Morphew Murder Trial Hearings Continue Dec. 14 - by Jan Wondra - Ark Valley Voice

I'm sorry, but I'm no insider. I found the info online like @MassGuy's post above. That link has the motion in full. I totally agree, though, I wish the court system would post what's filed immediately.

 

[justtrish]

The thing that gets to me is it was defense that asked to add the week to the trial so there was time to play Barry’s meetings in entirety. Defense does things I think in a calculated manner which stops me to ask “why” they want the entire conversations. I have to wonder as everyone talks about Barry’s lies but we are only exposed to the sentences clipped for the AA so I am cautious and not “banking” on those conversations.

The first thing I think of when I hear defense wants them all played is it will bore the jury so much that they zone out and don't even hear some of it. They won't focus on the few highlights that they might focus on when only hearing key comments/conversations.. so instead they will think of all those hours and it's a blur. Not saying a jury would intentionally zone out but how engaging can 40+ hours really be of any conversations?

 

[Aloe]

This is really damning.

"The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

Hmm this took some time to do, before during after trash dumps, showering and at the work location with "workers present".
Damning...Word!

 

[Seattle1]

Don't be fooled, people! Things are not always as written by the defense, and I dispute that

^^RSBBM

Surprise, surprise, not!

From 4/7/22 Peoples reply to the Defense Motion for Sanctions pg 1/12.



Barry Morphew prosecution team wants witnesses reinstated | 9news.com

 

[Momofthreeboys]

Hold it, are you saying his lies suddenly aren't lies when you reveal the entire scope of what he said?

I can't wait to hear the full context surrounding the wall job, and of course the turkey, elk, bear, deer, chipmunks, coyote, and god knows what other animals.

Just because the defense says they plan to play all those videos, doesn't mean they actually are.

You just never know….but I do wonder why defense asked.

 

[justtrish]

Barry Morphew prosecution team wants witnesses reinstated | 9news.com


FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

<snip>

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."


The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

Cell phone data tracking information used from Suzanne's phone and information extracted from the defendant's truck, Bobcat and phone help the prosecution determine a timeline of the events between May 8, 2020 and May 10, 2020, reads the motion.

Experts from the prosecution's list also include testimony on data from the defendant's F-350 truck, other data from physical items and information obtained by search warrant.

The prosecution's motion says the exclusion of these witnesses damages their case "in a profound way." It continues, "By excluding the most damaging impeachment information against the defendant (cell phone data, truck telematics and GPS/CDR locations) the court has imposed sanctions tantamount to dismissal, with the defendant suffering a complete windfall."

WOW!!! So this is the first I am hearing this part (copy/pasted from your post Massguy

"The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

UMMM 381 texts deleted? 25 calls and 58 saved locations!!??

I wondered when he deleted the texts we knew he deleted that were mentioned in the AA.. I was curious if he did it the day they were sent or later once she was "missing" and before they took his phone. He had 2-3 days with his phone and if he deleted these items during those 2 days that is WAY more incriminating than say right after sending a text he decides to delete it (which might make sense for his excuse that he didn't want the girls to see them).. makes no sense why he needed to delete things a week after he sends it and after his wife is missing unless he wants to hide those things.

 

[MassGuy]

WOW!!! So this is the first I am hearing this part (copy/pasted from your post Massguy

"The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

UMMM 381 texts deleted? 25 calls and 58 saved locations!!??

I wondered when he deleted the texts we knew he deleted that were mentioned in the AA.. I was curious if he did it the day they were sent or later once she was "missing" and before they took his phone. He had 2-3 days with his phone and if he deleted these items during those 2 days that is WAY more incriminating than say right after sending a text he decides to delete it (which might make sense for his excuse that he didn't want the girls to see them).. makes no sense why he needed to delete things a week after he sends it and after his wife is missing unless he wants to hide those things.

It sounds like he did it all at once, which is super suspicious. It would be amazing if they could pinpoint the timing.

 

[justtrish]

Hmm this took some time to do, before during after trash dumps, showering and at the work location with "workers present".
Damning...Word!

I am thinking these texts were deleted after she was reported missing and before they seized his phone. THAT would be really damning. Why would he need/have time to deleted all that when he's out "looking for his wife". I'll have to go back and look, but I believe his phone wasn't taken until the 12th or 13th. That is a lot of time to delete.