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

[Cindizzi]

Judge decides Barry Morphew case will not be dismissed, trial scheduled for this month

 

[Cindizzi]

https://krdo.com/news/2022/04/08/ju...o-trial-despite-defense-asking-for-dismissal/

 

[mrjitty]

Is the sister aware there is going to be a trial where the truth WILL come out?

Bizarre behaviour.

If the defence wants to publicise things from hearings. it is scarcely difficult to do.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1512509593414381569?s=21&t=KgHtEZXwjDqWQGe2coBKGg

The court will exclude prosecution witnesses as experts:
-Megan Duge
-Andrew DcDermott
-Kevin Hoyland
-James Stevens
-Kenneth Hicks
-Alex Walker
-Andy Rohrich
-Jonathan Grusing
-Ken Harris
-Derek Graham
-Doug Spence
Three additional experts were excluded on other grounds

 

[legalmomma]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/ORDER RE_ DEFENDANT'S RENEWED MOTION FOR DISCOVERY AND CONTEMPT SANCTIONS AND FORTHWITH HEARING [D-17A] SUPPLEMENT [D-17B] SUPPLEMENT [D-17-C] SUPPLEMENT AND [D-17D] SUPPLEMENT.pdf

pg 13 excerpt: (BBM) This will be the biggest stumbling blog of the trial IMO- other partial DNA, which jurors don't usually understand anyway. Now there is a statement in the record by Cahill that he believed the partial match is related to the suspect...which DNA does not match BM.

"The communications log specifically states that Mr. Cahill thinks the partial match relates to suspects who perpetrated the crime. Id. at 38:2-22. Thus, one of the lead detectives on the case at the time, believed that the partial match related to suspects who may have perpetrated the crime other than Mr. Morphew. It is utterly absurd to this Court that anyone could even fathom arguing that this information does not fall within the mandatory disclosures of Rule 16(I)(a)(2)."

 

[Skigh]

Cheers!

Thank you. I am expecting my wine consumption to rise during the trial!!

We need a countdown clock ! Tick tock,Barry.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1512511287766310912?s=21&t=KgHtEZXwjDqWQGe2coBKGg

According to the judges order, the data from #SuzanneMorphew Range Rover is not exculpatory evidence. The court did find the People "dilatory" in providing the data to the defense.

 

[mrjitty]

https://twitter.com/laurenscharftv/status/1512511287766310912?s=21&t=KgHtEZXwjDqWQGe2coBKGg

According to the judges order, the data from #SuzanneMorphew Range Rover is not exculpatory evidence. The court did find the People "dilatory" in providing the data to the defense.

In other words, that vast conspiracy that the defence set about creating pre-trial amounts to nothing.

The RR sat there. No out of state sex offender was in there.

 

[Seattle1]

https://twitter.com/laurenscharftv/status/1512511287766310912?s=21&t=KgHtEZXwjDqWQGe2coBKGg

According to the judges order, the data from #SuzanneMorphew Range Rover is not exculpatory evidence. The court did find the People "dilatory" in providing the data to the defense.

dil·a·to·ry
/ˈdiləˌtôrē/
adjective

1. slow to act.
   "he had been dilatory in appointing a solicitor"

Definition of DILATORY

 

[jakat]

Btw: I would like to know, what he would have told, if someone had promised him immunity .......

RSBM
Just more lies.

 

[Cindizzi]

Barry Morphew case moving ahead to trial | 9news.com

In Friday's ruling, Judge Lama called dismissal a "drastic sanction" that must be reserved for situations where no other sanction will “restore as nearly as possible the level playing field that existed before the discovery violation.”

He went on to say that without "willful misconduct" dismissal is typically "beyond discretion" of the court.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1512515768335831046?s=21&t=KgHtEZXwjDqWQGe2coBKGg

Here are some of the discovery violations:
- Mirror copies of the iPhones (past court deadline)
- Spy Pen Recordings (didn't provide enhanced version)
- Suzanne Morphew's iCloud account (5 weeks late)
- Two Laptops, Kindle (discrepancy between state and defense attorneys)

 

[Cindizzi]

Trial Date Set For Barry Morphew In Southern Colorado

Suzanne disappeared in May of 2020 and her body has not been found. The highly-publicized case was moved from Chaffee County to Fremont County earlier this year.

On Friday, a judge ruled on a sanctions request from Morphew’s attorney, saying no further sanctions are needed in the pre-trial proceedings, and that the case can move forward.

The court said prosecutors behaved negligently and arguably recklessly in the discovery portion of the pre-trial, but the actions were not “willful.”

 

[Nikynoo]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/ORDER RE_ DEFENDANT'S RENEWED MOTION FOR DISCOVERY AND CONTEMPT SANCTIONS AND FORTHWITH HEARING [D-17A] SUPPLEMENT [D-17B] SUPPLEMENT [D-17-C] SUPPLEMENT AND [D-17D] SUPPLEMENT.pdf

pg 13 excerpt: (BBM) This will be the biggest stumbling blog of the trial IMO- other partial DNA, which jurors don't usually understand anyway. Now there is a statement in the record by Cahill that he believed the partial match is related to the suspect...which DNA does not match BM.

"The communications log specifically states that Mr. Cahill thinks the partial match relates to suspects who perpetrated the crime. Id. at 38:2-22. Thus, one of the lead detectives on the case at the time, believed that the partial match related to suspects who may have perpetrated the crime other than Mr. Morphew. It is utterly absurd to this Court that anyone could even fathom arguing that this information does not fall within the mandatory disclosures of Rule 16(I)(a)(2)."

Gordon Bennett!! A reckless prosecution team!

• 'the People made incriminating inferences based upon assumptions and/or inaccurate information.''
• While the court did not find the failure to disclose Spence’s report willful, it did characterize the failure to do so as “sloppy” and “reckless.”
  
• The Court finds the People’s actions amount to negligent, and arguably, reckless disregard for their Rule 16 obligations and duty to abide by court orders;

 

[Momofthreeboys]

https://twitter.com/laurenscharftv/status/1512509593414381569?s=21&t=KgHtEZXwjDqWQGe2coBKGg

The court will exclude prosecution witnesses as experts:
-Megan Duge
-Andrew DcDermott
-Kevin Hoyland
-James Stevens
-Kenneth Hicks
-Alex Walker
-Andy Rohrich
-Jonathan Grusing
-Ken Harris
-Derek Graham
-Doug Spence
Three additional experts were excluded on other grounds

I wonder if defense will call any that prosecution does not? I would guess they absolutely will be calling Doug Spence now that we know the dog did scent near the bike scene.

 

[Seattle1]

https://twitter.com/laurenscharftv/status/1512515768335831046?s=21&t=KgHtEZXwjDqWQGe2coBKGg

Here are some of the discovery violations:
- Mirror copies of the iPhones (past court deadline)
- Spy Pen Recordings (didn't provide enhanced version)
- Suzanne Morphew's iCloud account (5 weeks late)
- Two Laptops, Kindle (discrepancy between state and defense attorneys)

I recall these items/violations were discussed earlier -- where the defense had their own experts examine the electronics and the prosecution guilty of not responding timely, and where Judge Murphy suggested the best way to avoid further delay was to allow the computer geeks to speak to each other directly. (i.e., "geeks" meant as a term of endearment).

 

[MassGuy]

I wonder if defense will call any that prosecution does not? I would guess they absolutely will be calling Doug Spence now that we know the dog did scent near the bike scene.

We know what Spence testified to. He did not say what you are saying he said.

 

[Diddian]

I wonder if defense will call any that prosecution does not? I would guess they absolutely will be calling Doug Spence now that we know the dog did scent near the bike scene.

Isn't this an inaccurate description of what happened? IIRC, Spence corrected the defense when they characterized it this way. He described the dog as moving in the direction toward and across the river (creek), attempting to pick up a scent, not as "following a scent."

 

[Lyanna]

The court referred to Suzanne's bike and car as the 'crime scene' in that document, insight to Judge Lama's thoughts maybe? (Pg 11)

Can defense use that as a motion to request recusal on grounds of bias or something like that?
Apologies if the question is stupid, just seems like something Iris would do if possible

moo

 

[Momofthreeboys]

Well now it's all or nothing I guess...onto the trial. I kinda thought that was what was going to happen, but I also wondered if Lama would go easy on prosecution and dismiss the charges giving them another opportunity to do it right.