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

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  • #741
So far I see a lot of unforced errors on the part of the DA.

Blowing off a major deadline can be seen as a direct challenge to the authority of the court.
For the purpose of this order how are “willful” and “not willful” defined if you know?
For example : Since the court did not find willfulness on the part of the People ( p18 item 3 of the order) - how would missing a deadline be viewed as a direct challenge to the court ?
 
  • #742
For the purpose of this order how are “willful” and “not willful” defined if you know?
For example : Since the court did not find willfulness on the part of the People ( p18 item 3 of the order) - how would missing a deadline be viewed as a direct challenge to the court ?
I agree and I am not making excuses for the Prosecution’s tardiness but doesn’t Covid factor in to some extent? I mean we don’t know who from the DA’s office was sick or working while sick and we also aren’t privy to anyone’s medical information understandably. If this case is lost due to Covid then someone just shoot me now. Please.
I cannot for the life of me understand why some lenience has not been granted by the Judge whether Covid related or otherwise. He didn’t even have a transcript of the previous hearing right? Wth is really going on here? How can there be justice for Suzanne or any other victim when every expert witness is refused to testify as an expert. It makes no sense. IMO
 
  • #743
MOO I guess the alternative is that the prosecution is oblivious to what priority they should assign the judge's orders. I hate to say that. I hope they can recover for the trial.
 
  • #744
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?
Well, if I were the non-expert witness I would respond to that question this way, “Correct Ma’am, I’m not testifying and an expert, however, I am highly trained in this field.” :p Of course, IE would shout, “Objection!” Unfortunately, it would be too late, the jury will have heard it. :)
 
  • #745
I don’t think that the prosecution has seemed sharp thus far. The defense is working every angle and taking advantage of any prosecutorial misstep. It’s not about the evidence, it’s about fighting tooth and nail to make sure a jury sees as little of the evidence as possible. And removing any credibility of the witnesses. I’m afraid that the defense will make LE look like a bunch of keystone cops immediately focusing on the easiest suspect. The prosecution needs to instill confidence in the validity of their case and the man responsible. They had better bring their A game. I truly believe it’s the prosecution’s case to lose. Remove the noise and don’t screw up.
 
  • #746
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?

Does Judge Lama need to recuse himself? Seems he has demonstrated that he is not able to act fairly or impartially. Just MOO.
 
  • #747
Does Judge Lama need to recuse himself? Seems he has demonstrated that he is not able to act fairly or impartially. Just MOO.
Maybe. He needs to take the high road and move on. IMO
I cannot make any sense of his rulings and I don’t understand why evidence of DV is not permissible and instead prejudicial. Seems to me that anytime a significant other or child goes missing that DV is always a possibility. IANAL though so I’m hoping others will weigh in. I say leave it up to the jury to decide what to believe and disbelieve.
No women are safe in similar circumstances. No children are safe. Gay males are not safe either at the hand of a violent partner. Just wrong every way you look at it. It’s 2022 fps and long past time to disregard the shame and acknowledge DV for what it is. IMO
 
  • #748
Well, if I were the non-expert witness I would respond to that question this way, “Correct Ma’am, I’m not testifying and an expert, however, I am highly trained in this field.” :p Of course, IE would shout, “Objection!” Unfortunately, it would be too late, the jury will have heard it. :)
I would calmly say "I am testifying, and I am an expert." And yes, the jury will have heard it.
 
  • #749
Totally agree. This judge could well allow the prosecution to present its entire case - hobbled by his sanctions - and then declare a dismissal. At that point, a jury will have been seated, heard the entire case, denied the opportunity to serve as the jurists they were seated to serve as, and there would be no retrial. It would not be the first time a judge stepped in and denied the jury the chance to deliberate and make its own findings.
This reminds me somewhat of the case of Anni Dewani, who was murdered on her honeymoon in South Africa. The judge just declared that there was no case to answer, and that was that! To hell with justice, evidence and jury.
 
  • #750
Does Judge Lama need to recuse himself? Seems he has demonstrated that he is not able to act fairly or impartially. Just MOO.
He should, yes. Suppose the jury finds Barry guilty of a lesser charge than M1. Would the judge sentence him to the least number of years possible for that charge, something a little more than probation? Something seems off.
 
  • #751
Question??

from my notes:

& amended (5/18/21) to add domestic violence as sentencing enhancement.

Is this out?? Cause when I read this post:

Momofthreeboys said:
snipped....
Both families loved Suzanne and I absolutely think enough is enough for what was to be a sentence enhancer.

"Was to be"? So it's out?? Since the Judge ruled out DV?
 
  • #752
Question??

from my notes:

& amended (5/18/21) to add domestic violence as sentencing enhancement.

Is this out?? Cause when I read this post:



"Was to be"? So it's out?? Since the Judge ruled out DV?
I suppose technically since it is solely a judge’s decision at sentencing if Barry were to be found guilty the judge has the ability to add it but personally I don’t see it. This case has been continuous twists and turns so anyone’s guess is as good as my guess.
 
  • #753
I don't understand how experts are not allowed to testify as experts. I don't understand what paperwork the prosecution failed submit in time. I don't understand why Barry is out on bail, based on unrelated 3rd party DNA found in the glove compartment of a vehicle not in the crime scene. I don't understand why I can't watch court proceedings. I don't understand why judge Murphy recused himself. I don't understand how Grusing could interview Barry that many times , yet fail to structure the questioning as to leave no doubt to his guilt. I don't understand local police dept handling murder investigations, and botching them many times. I do understand who killed Suzanne Morphew.
 
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  • #754
Question??

from my notes:

& amended (5/18/21) to add domestic violence as sentencing enhancement.

Is this out?? Cause when I read this post:



"Was to be"? So it's out?? Since the Judge ruled out DV?
@Niner -- your notes are correct. BM is charged with murder and DV enhanced because Colorado does not provide for DV as an independent charge.

Judge Lama did not deny DV, he denied that the prosecution can question SO about the texts from SM describing BM being physically abusive. This block of questioning by the prosecution was another technicality won by E & N.

Not only do we believe SM about the DV (she's dead), we believe BM when he told Agent Grusing that he clipped SM in the nose when he was trying to restrain her.
 
  • #755
@Seattle1 can the Defense introduce their own expert witness(s) to match the experts the Prosecution had struck by the judge?

Example: Defense introduces a telematics expert to speak on the data LE recovered?
 
  • #756
@Seattle1 can the Defense introduce their own expert witness(s) to match the experts the Prosecution had struck by the judge?

Example: Defense introduces a telematics expert to speak on the data LE recovered?
Yes
 
  • #757
@Niner -- your notes are correct. BM is charged with murder and DV enhanced because Colorado does not provide for DV as an independent charge.

Judge Lama did not deny DV, he denied that the prosecution can question SO about the texts from SM describing BM being physically abusive. This block of questioning by the prosecution was another technicality won by E & N.

Not only do we believe SM about the DV (she's dead), we believe BM when he told Agent Grusing that he clipped SM in the nose when he was trying to restrain her.
Why are SMs direct texts not allowed? Its not hearsay, it is what she directly stated.
 
  • #758
@Seattle1 can the Defense introduce their own expert witness(s) to match the experts the Prosecution had struck by the judge?

Example: Defense introduces a telematics expert to speak on the data LE recovered?

Just as Rule 16 - Discovery and Procedure Before Trial outlines the obligations of the prosecution, Part II provides for defense Disclosure to the Prosecution.

Since the prosecution has the burden of proof, it would not make sense for the defense to call their own Telematics expert except as a rebuttal witness and/or to impeach the testimony of the prosecution's expert. Otherwise, the defense would be opening the door to allow the sanction-barred expert for the prosecution (a sanction requested by the defense and the motion granted).

IMO, what's most important to recognize about the case witnesses for both parties is that although Rule 16 provides for the court's discretion to set deadlines for such disclosure, the Rule specifically provides for a statutory deadline as follows:

Part I. Disclosure to the Defense
(a) Prosecutor's Obligations.
[..]

(III) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;
[..]

(3) The prosecuting attorney shall perform all other obligations under subsection (a)(1) as soon as practicable but not later than 35 days before trial.

Part II. Disclosure to Prosecution
(a) The Person of the Accused.
[..]
(c) Nature of Defense.

Subject to constitutional limitations, the defense shall disclose to the prosecution the nature of any defense, other than alibi, which the defense intends to use at trial. In no case shall such disclosure be less than 35 days before trial for a felony trial, or 7 days before trial for a non-felony trial, except for good cause shown. Upon receipt of the information required by this subsection (c), the prosecuting attorney shall notify the defense of any additional witnesses which the prosecution intends to call to rebut such defense within a reasonable time after their identity becomes known.
[..]

Part V. Time Schedules and Discovery Procedures
(a) Mandatory Discovery.

The furnishing of the items discoverable, referred to in Part I (a), (b) and (c) and Part II (b)(1), (c) and (d) herein, is mandatory and no motions for discovery with respect to such items may be filed.

(b) Time Schedule.
(1) In the event the defendant enters a plea of not guilty or not guilty by reason of insanity, or asserts the defense of impaired mental condition, the court shall set a deadline for such disclosure to the prosecuting attorney of those items referred to in Parts II (b) (1) and (c) herein, subject to objections which may be raised by the defense within that period pursuant to Part III (d) of this rule. In no case shall such disclosure be less than 35 days before trial for a felony trial, or 7 days before trial for a non-felony trial, except for good cause shown.


Generally, the furnishing of discoverable items between the parties takes place with little supervision by the Court.

In this case, what we've seen here is not typical: IMO, BM's defense (i.e., E & N) made it known at their very first appearance in this court (days after BM fired his public defenders), that they intended to frustrate the prosecution by alleging Discovery violations whether they were valid or not!

To be clear, there's not been one court appearance where E & N has not alleged the prosecution guilty of discovery violations, complete with a defense motion for sanctions.

MOO

ETA: Prosecutor Lindsey took a lot of heat when he resigned and moved on to Pueblo. Personally, I respect that Lindsey had no desire to participate in a case where both his staff and himself would be buried in motions at every turn-- requiring too many discretionary decisions by the court, and technical wins by the defense. The price of sacrificing justice for SM was just too high.
 
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  • #759
Why are SMs direct texts not allowed? Its not hearsay, it is what she directly stated.
I am somewhat curious also as that hasn’t been crystal clear for me.
 
  • #760
Why are SMs direct texts not allowed? Its not hearsay, it is what she directly stated.
The Judge ruled that no alleged prior acts of DV are to be allowed at trial if a) there is no date and time of said acts and b) nothing to state what led up to said acts.

So, even the confession of BM saying he clipped her nose will not be allowed.
Also, SO saying that SM told her that BM held her down on a bed once and wouldn’t let her up, and another time shoved her into a closet and put a gun to his head will not be allowed.

I can completely understand why SM would not put anything like that in writing for fear of him seeing it.JMO

Not sure if there are other direct texts from SM to anyone, but I would HOPE that the one to her sister will definitely be allowed when MB testifies.
Page 11 and 12
https://www.courts.state.co.us/user.../21CR78/21cr78 Morphew Redacted Affidavit.pdf

Also there is still the question of whether a forensic nurse who examined the photos of scratches on BM’s arm will be allowed to testify as an expert.
 

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