Prosecutors might as well dismiss charges now and refile. The judge is already set to free Barry himself if he could.
You can be mad. And they may have screwed the case. But this isn’t a game. I’ve said it over and over. Barry Morphew committed murder and should be in prison. The judge, the defense, the prosecution need to stop playing games.
This case was always ultimately going to be based at trial on proveable facts. The disorganization and multiple missed dates is solely on the prosecution who represent the state and indirectly the victim. Two differently judges have cautioned the prosecution multiple times from the very beginning. It is unfortunate but not totally unexpected. I cannot believe prosecution missed the second deadline after being given an extension on their expert witnesses. Truly sad and inexcusable and now they have a judge upset with them. Not the way to go to trial. The judge and the defense are “not playing games” that is a deflection opinion that doesn’t represent the facts in my opinion.
I think saying they were just one day late is a very... kind way of putting it.
They could not prove that and personally I would prefer to “remember” Suzanne as the sweet person her family represented. I was never interested in a court fight to protect the sentence enhancer and often said there probably better cases for advocates to point to. There were too many hints in the documents to say things are not always what they seem for both of them.
I actually don’t disagree entirely with what you are saying and yes historically lawyers have tallied wins or losses. And yes the trial is where crimes get proved or not. And in the situation of abject failure on one side or another the juries are more often right than wrong. This case was never ever going to be won or lost in the court of public opinion. I have my own thoughts on guilt or not but it simply doesn’t matter and won’t do anything but make me popular or unpopular in the court of internet public opinion which is not something I place great personal importance on.
YES!!!
Not only does the penalty imposed far exceed the offense, the judge himself says he did not yet have access to the court transcript, so had to rely on his notes (which amazingly perfectly match the inaccuracies reflected in the defense's motion while perfectly contradicting the report of an independent journalist who attended the hearing).
You honestly think that if prosecution would have introduced the theory that Barry was abusive the defense would not have pushed back with some of the info in the AA and more? Yes, I am happy that is not happening. Both families loved Suzanne and I absolutely think enough is enough for what was to be a sentence enhancer. Advocate to change Colorado law. Pick a different case. All good but I stand by this is not the right case to pick a political fight over.
If so, I suggest the funds be put into a trust for the "missing person" as IE characterizes the victim.
I agree with some of your points. At any point in time prosecution could have asked to dismiss the charges with the right to refile. My beef is with the prosecution not both judges who both cautioned and postponed motions requesting sanctions for months on end in hopes prosecution would pull it together.
And that's fine, as it helps the prosecution. It shows the marriage was not a happy one, as Barry initially tried to sell (before he was caught in his own web of lies).
And what of the judge who relied upon erroneous notes for his order rather than the court transcript which STILL does not exist? Transcripts (dependent upon one or few people) can languish in the COVID era, but there is no leniency for gathering and passing on discovery - dependent upon multiple persons in multiple places who have multiple other things they are doing at the same time - in that same era?
