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

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  • #681
  • #682

So I question if it's BM's shortened .22 (illegal in Colo) that couldn't be used to fire a tranq dart...

I know that there's evidence elsewhere citing how a 22 slightly modified can fire darts.

This is also what FBI Agent Grusing recalled during the PH.

MOO
 
  • #683
Does that sound like a level playing field?

I think most would understand and agree that this is a team being forced to forfeit the game.
^^sbm

From the Gazette:

Lama struck the witnesses in part because the prosecution produced some of their biographical information a day late.

In what universe does submitting the bio of a witness one day late justify sanctions to remove a witness? This is clearly not the type of Discovery violation that injures a defense!

Judge rebukes prosecutors in Barry Morphew case; trial still set to begin this month
 
  • #684
So I question if it's BM's shortened .22 (illegal in Colo) that couldn't be used to fire a tranq dart...

I know that there's evidence elsewhere citing how a 22 slightly modified can fire darts.

This is also what FBI Agent Grusing recalled during the PH.

MOO
It's definitely the shortened weapon they're talking about, since the discussion was in the context of severing that charge for a separate trial.
 
  • #685
The jury may be most curious about BM having access to tranq meds when in CO. He breaks so many seemingly small infractions but they're rules and laws.
The jury may be most interested in Suzanne's missing medications, if they are certainly gone.
There is a mountain of circumstantial evidence.

A broken gun for shooting tranq darts is inoperable. That tells us either BM had another weapon that would use the .22 and fire the tranq or he used duck duct tape so the broken weapon could fire. No. BM did not rely upon a broken gun for this important self assigned assassination of Suzanne. Could have been a loaded syringe with unknown medication. BM admits to having a firearm in his hand on SAT.

We just do not know how BM killed her; yet, we can rebut and speculate on multiple facets and things he may have done, all within reason, using evidence of specific particulars as part of their story.


Dart
Parts of the dart, the needle sheath, the brochure, the inoperable gun, the tranq materials dumped, BM saying he shot tranq in APR, BM shot tranq into deers in order to saw off their antlers to turn a profit are certainly an important part of their, the Morphew's, story.

BM admits to Grusing the tranq med was likely on his WorkBench. Were all of BMs tranq meds discarded in Broomfield (Broomsfield - w/ an s to lol at BM)? Wasn't there a small packet of the darts in the garage?

It is not a long walk to carry a loaded dart with its needle sheath inside short's pocket if you're considering using it on your wife within the afternoon or next few moments. Whether indoors or outdoors, or even if from the garage trucking it, as his pocket's are full of tranq stuff, into the home or racing to the backyard from where the materials originated on the garage's workbench, BM had access to the tranq material on Saturday.

BM took time to load at least one syringe or already had one ready. This is imperative premeditation opps the state could be losing.

BM trusted his sights. He'd taken shots like this a thousand times before. Murder in the Wild. Dart guns are v good up to 30' distance away. Barry could aim for her tush or a bicep. If so, Suzanne stumbled as the meds began to take effect. She cannot reach the placement of the dart in her tush.

The tranquilizer medicine enters the body instantly! By the time one could remove it, it has begun to work. She runs but she's unsteady, almost falling. She ran for her bedroom to lock the door but she's becoming dizzy, light-headed.

When BM busted in the solid cedar doorframe, fracturing it and leaving a 13" crack or more. When he found his wife huddling, perhaps whimpering, Suzanne had one more thing to say:
She scratched his arm raw, leaving those three reddish wide lines of injuries, left by Suzanne's manicured nails.
.
As others have stated - Just Wow ! Talk about predjudical on the judge's part towards the prosecution - if he does not back off on the ruling re expert testimoney in some fashion I really think the prosecution will appeal. Even the judge's selection of adjectives describing the prosectution seem over the top and not even handed. "Scathing rebuke" I think equals - the judge went too far IMO

If the Prosecution feels railroaded into a cornered position or stymied without their Experts, perhaps light dusting for the severe punishment falls on their doorstep. Whereas, if they aren't 85% + confidant of a guilty verdict without Experts, I feel the DAs Office should file an Appeal to a Higher Court on the dismissal of 12 out of 14 Expert witnesses being stricken.

There is no need to unfairly tie the state's hands by not utilizing Experts in a Murder1 trial. The sanctions are to punish Team DA not exonerate all pertinent evidence against BM. And, while they are with a Superior Court Judge, ask him to overrule the dismissal of DV which is a prevalent thread throughout the Morphew journey while in and from IN leading up to the death in CO of Suzanne within 2 short years.

DV real life examples should be tolerated in the courtroom testimony if the witness sticks to facts. Who can testify about the gun to his head, her pinned down to the bed, or threatening to not provide medical insurance? Aren't these incidents documented in her historical texting.
.
 
  • #686
So if I'm reading this ruling correctly, the prosecution missed the disclosure deadline for all of their expert witnesses, then belatedly filed a motion asking for an extension, were granted two extra weeks, and then missed that new deadline for most of them (pp. 14-15) o_O
What?
New DA please.
 
  • #687
The prosecution has screwed up this case. There is no reason to miss discovery deadlines. It is their own fault. Sorry, I’m mad.
 
  • #688
that portion of the judges ruling related to the car data - not the DNA in the vehicle

Yes - both aspects have now been debunked - the RR has nothing to do with the case, despite the defence spending many hours fishing
 
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  • #689
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)

In my understanding, it's part of the crime scene on prosecution view of the case.
 
  • #690
Reading @Seattle1 's takes, I agree this seems way OTT in respect of the digital evidence particularly.

I guess we have to see if these rulings are appealed.

ETA - the telematics and locational expert evidence is like 99% of my motivation to follow the trial!
 
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  • #691
I am very disappointed in this new judge, he seems more interested in hauling the Prosecution over the coals, than in a fair trial using all the information and expertise available.
 
  • #692
So if I'm reading this ruling correctly, the prosecution missed the disclosure deadline for all of their expert witnesses, then belatedly filed a motion asking for an extension, were granted two extra weeks, and then missed that new deadline for most of them (pp. 14-15) o_O
IMO there is no excuse for this. Did someone not want to work late the night before it was due?
 
  • #693
I am very disappointed in this new judge, he seems more interested in hauling the Prosecution over the coals, than in a fair trial using all the information and expertise available.
It's like this was the case that he really wanted when he was a defense lawyer!! (And forgets that he's now a Judge -- not on their team anymore).
 
  • #694
^^sbm

From the Gazette:

Lama struck the witnesses in part because the prosecution produced some of their biographical information a day late.

In what universe does submitting the bio of a witness one day late justify sanctions to remove a witness? This is clearly not the type of Discovery violation that injures a defense!

Judge rebukes prosecutors in Barry Morphew case; trial still set to begin this month

Given the gravity of the Court granting the defense sanctions for various Discovery violations, to the extent that the prosecution has lost all but a couple of their expert witnesses for trial, I think it's important to recognize that relative to disclosure of the witnesses and their biographies, the defense has in-fact had the names of all the potential expert and nonexpert witnesses going back to October 2021, as evidenced by the Endorsed Witness List exceeding 30 pages.

I don't think there's any denying that E & N had long scoured this list way before they motioned for sanctions after receiving a witness biography a day late.

IMO, the penalty imposed does not fit the crime.
 

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  • #695
It would be good if the people of Colorodo, especially those in Salida, voiced their concerns about the fairness of the trial.
 
  • #696
This is terrible. I bet the prosecution trips and stumbles all over this too and an appeal to a higher court never makes it. BeckyF is right: there’s no excuse for this mess of ineptitude. We all know he did it but I’m betting he’s going to walk. With a smirk on his face. It’s disgusting.
 
  • #697
It's like this was the case that he really wanted when he was a defense lawyer!! (And forgets that he's now a Judge -- not on their team anymore).
If the prosecution appeals the sanctions re: expert testimony and wins, isn't Judge Lama's prejudice (for lack of a better term) still in play? Could errors by the prosecution continue to harm the case during trial, with no remedy at that point?

If the case is withdrawn and refiled, it will still be prosecuted in the 11th District, right? Could Murphy or Lama still be assigned to the case?

I keep looking back at the AA and wondering if that's the "original sin" the courts are trying to remedy?

So much of what we know is 2nd & 3rd hand or speculative. Isn't the media blackout and lack of public transparency an ongoing problem with no remedy even if refiled?

I'm concerned this perp will walk due to a failure of system itself, not just his aggressive defense. But IANAL.

JMHO
 
  • #698
So if I'm reading this ruling correctly, the prosecution missed the disclosure deadline for all of their expert witnesses, then belatedly filed a motion asking for an extension, were granted two extra weeks, and then missed that new deadline for most of them (pp. 14-15) o_O
And missed dates Judge Murphy set and others Judge Lama set. It was not “just” the expert witnesses were they missed, got an extension and missed that, too.
 
  • #699
Help me understand this...

Just because the judge won't be allowing these 16-17 people to testify as experts, at least they will still be testifying. What's so wrong w/that?

Their answers will still be worth something, right?
Well as they give their opinion, the defense can come back with: “And you will admit you are not testifying as an expert right?” They would say no and what is the jury left to think?
 
  • #700
Morphew case a question mark just weeks before trial

In a 20-page order, the judge in the Barry Morphew case gave a scathing rebuke to the prosecution Friday for what he called a "sloppy" and "reckless" pattern of discovery violations so brazen, the judge maintained an earlier order excluding 14 of the State's 16 experts. Ousted from testifying as experts are witnesses who were going to give their opinions as to cellphone records, DNA, and telematix, which is vehicle movement.

Despite the intense scolding, 11th Judicial District Judge Ramsey Lama ordered that the trial investigating the two-year disappearance of 49-year-old Suzanne Morphew will happen as scheduled. Jury selection begins in Canon City April 28.

"This is one of the most severe admonishments I've ever seen, especially in a high-profile murder case," said Denver defense attorney Eric Faddis. Faddis, a former Arapahoe County felony deputy district attorney, said the rulings have handcuffed the prosecution and reshaped the entire case.

Deputy District Attorney Grant Grosgebauer filed a motion April 1 asking the judge to reconsider allowing the crucial expert testimony. In a pleading obtained by The Gazette, the prosecution told the judge that if he doesn't reconsider and allow this testimony, their case will be so crippled, the sanctions would be "...tantamount to dismissal, with the defendant suffering a complete windfall."

[. ]


On Tuesday, prosecutor Mark Hurlbert filed a motion asking Lama to exclude any mention of mixed DNA profiles which were found on the glovebox of the Range Rover and not to allow testimony about alternate suspects during trial. He also asked the court not to go into inappropriate character evidence of Suzanne Morphew, including any mention of alleged prescription drugs she took because this would be based entirely on speculation. Judge Lama has yet to rule on these issues.

There is a chance the prosecution could appeal the judge's ruling excluding expert witness testimony. The trial is is expected to last as long as five weeks. Barry Morphew’s next pretrial hearing is scheduled for April 19 in Cañon City.

Prosecutors might as well dismiss charges now and refile. The judge is already set to free Barry himself if he could. :mad:
 
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