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

[mrjitty]

Yes... I always wanted to phone and inquire just how many deposed affidavits were collected for the missing extension cord! And wasn't this long after the crime scene i.e., the house sold?

Yes!

I think the Judge was so green she somehow believed that Law Enforcement keep all the contents of the crime scene in storage somewhere just in case

 

[WingsOverTX]

It appears, in my opinion as an observer, the only recourse now is for the prosecution to appeal to the Supreme Court of Colorado immediately and dismiss the case and start over. Why they would fail to do this, I could not understand. The people of Colorado do not desire for a murderer to be set free due to an errant judge and a willful defense only motivated by fame and money.

I believe this is the best course of action, as well. I wonder how long it would be before they refile.

Would BM pull a runner when he's no longer wearing his ankle bracelet?

Is dismissal going to taint a jury pool?

MOO

 

[Skigh]

The reason why Barry was not kept in jail was because of the dna in Suzanne's car. Now that has been seen to be a red herring ,surely they should refile and then lock Barry up until a new trial.

 

[Love Never Fails]

I believe this is the best course of action, as well. I wonder how long it would be before they refile.

Would BM pull a runner when he's no longer wearing his ankle bracelet?

Is dismissal going to taint a jury pool?

MOO

I don’t think we need to worry about the jury pool. It’s the judge who concerns me most. Iris and Dru will give lots of interviews telling everyone how innocent BM is but potential jurors won’t be fooled, imo.

As far as Barry running, he would be a fugitive wanted for murder. He would get caught eventually. Maybe even after he spent all his money.

 

[girlhasnoname]

I am disappointed in Judge L's decisions on some of the expert witnesses like so many of you, but I'm not so panicked that I think they will fail to present a strong and convincing case.

The State still has approx 143 witnesses IIRC. That's a lot of testimony and information that we aren't privy to yet. I just don't believe they would move forward if they weren't confident of a conviction, there's a lot of careers riding on this outcome IMO.

We have dissected every single clue in the BM interviews, every word in the AA, considered all moves made by ole' BARE during the time he left PP on Mother's Day morning, and there's NOTHING that explains these being the actions of an innocent man. Period.

I think properly explained and in totality, 12 jurors will be able to reach the same decision. I have faith and God knows; Suzanne definitely deserves justice.

That means BARE rotting in a cell for the rest of his days far away from his guns and hunting which is all he cares about in life anyway.

MOO

 

[Momofthreeboys]

I don’t think we need to worry about the jury pool. It’s the judge who concerns me most. Iris and Dru will give lots of interviews telling everyone how innocent BM is but potential jurors won’t be fooled, imo.

As far as Barry running, he would be a fugitive wanted for murder. He would get caught eventually. Maybe even after he spent all his money.

He's going to move from Salida area but he could have run long ago and didn't and I am not betting on him running. He's fought this accusation from day one...I see him in for the long haul.

 

[Niner]

From my notes - it looks like the prosecutor already filed a motion re dismissal of expert witnesses.


4/1/22: Deputy District Attorney Grant Grosgebauer filed a motion April 1 asking the judge to reconsider allowing the crucial expert testimony. In a pleading the prosecution told the judge that if he doesn't reconsider & allow this testimony, their case will be so crippled, the sanctions would be "... and amount to dismissal, with the defendant suffering a complete windfall." On Tuesday 4/5/22, 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 & not to allow testimony about alternate suspects during trial. He also asked the court not to go into inappropriate character evidence of Suzanne, 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.

 

[MountainDad]

Another botched murder investigation by police and DA. Was the officer who touched the bike, the officers who asked Barry to give them evidence bag and walk through the house, Cahill saying and doing things to risk prosecution- were they disciplined ? How many times is ok? Why are police and DA allowed to mess up so bad with no oversight or consequence? Why is DA not producing docs in a timely manner? Grusing, should have studied and been more prepared for follow up questioning in those 30 interviews. I've yet to here where any major pressure was put on Barry. After his lies, what was the follow up question. "She was sleeping at 5 when I left for Broomfield". Um. We had a great marriage? I was at the job? What did you do Sat night? Why no cell phone data for Suzanne after 2 on Sat?What was the follow up questioning?

I propose a federal agency that only investigates and prosecutes murders? I'm so frustrated by inexperienced and unprepared local law enforcement mishandling murder investigations.

 

[WingsOverTX]

Another botched murder investigation by police and DA. Was the officer who touched the bike, the officers who asked Barry to give them evidence bag and walk through the house, Cahill saying and doing things to risk prosecution- were they disciplined ? How many times is ok? Why are police and DA allowed to mess up so bad with no oversight or consequence? Why is DA not producing docs in a timely manner? Grusing, should have studied and been more prepared for follow up questioning in those 30 interviews. I've yet to here where any major pressure was put on Barry. After his lies, what was the follow up question. "She was sleeping at 5 when I left for Broomfield". Um. We had a great marriage? I was at the job? What did you do Sat night? Why no cell phone data for Suzanne after 2 on Sat?What was the follow up questioning?

I propose a federal agency that only investigates and prosecutes murders? I'm so frustrated by inexperienced and unprepared local law enforcement mishandling murder investigations.

Good points. I'm not quite as convinced as you that it was totally botched but looking at it in totality at this juncture is eye-opening.

I would add the 11th District courts & staff to the list of those who need to improve. Not releasing ANYTHING related to this case other than the AA in a timely manner has been a black eye on the pursuit of justice.

The courts' ongoing fear of release of what should be public information from all courtroom proceedings is another. Yes, they can legally refuse cameras but leaving everyone but those present without a clear understanding of the proceedings needs to change.

Produce & release documents timely, keep the docket updated timely and don't punish the citizens who have a right to know by locking down reporting to handwritten notes!

SUNSHINE is long overdue. Chaffee County should lead the way instead of hiding because they can.

JMHO

 

[Momofthreeboys]

Good points. I'm not quite as convinced as you that it was totally botched but looking at it in totality at this juncture is eye-opening.

I would add the 11th District courts & staff to the list of those who need to improve. Not releasing ANYTHING related to this case other than the AA in a timely manner has been a black eye on the pursuit of justice.

The courts' ongoing fear of release of what should be public information from all courtroom proceedings is another. Yes, they can legally refuse cameras but leaving everyone but those present without a clear understanding of the proceedings needs to change.

Produce & release documents timely, keep the docket updated timely and don't punish the citizens who have a right to know by locking down reporting to handwritten notes!

SUNSHINE is long overdue. Chaffee County should lead the way instead of hiding because they can.

JMHO

I can be a wee bit emphathetic for both prosecutors and defense attorney's in this day of social media true crime. This case in particular was tried in the court of public opinion long ago. It won't surprise me to see more protection of case facts in local cases that catch national attention and not less before it gets any better sadly.

 

[WingsOverTX]

I can be a wee bit emphathetic for both prosecutors and defense attorney's in this day of social media true crime. This case in particular was tried in the court of public opinion long ago. It won't surprise me to see more protection of case facts in local cases that catch national attention and not less before it gets any better sadly.

Well, that's a very discouraging thought. I hope you are wrong. If only BM had chosen Florida as his murder venue. Such a sad state of affairs.
JMHO

 

[CGray123]

Well what a cluster.

Hopefully someone will write the well researched book at the end of all this so we can learn what the experts would have said.

Feels like the trial will now just be a rehash of what we already know.

I hope the prosecution does appeal these rulings, as in any event, such an important issue should be examined at appellate level, and in accordance with precedent.

My understanding is that the rules provide for an extension of the period of a defendant's right to speedy trial to allow for such an appeal. However, the Colorado Supreme Court rarely even hears such petitions.

 

[BeckyF]

He's going to move from Salida area but he could have run long ago and didn't and I am not betting on him running. He's fought this accusation from day one...I see him in for the long haul.

How do you know he will move from Salida? You stated it as a fact.

 

[scapa]

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.

I'm still catching up -- haven't followed this or any case in a while, but I think that this is an important point about how this judge has proceeded. Establishing authority as a relative newcomer to the bench perhaps makes this judge particularly sensitive to the State's repeated failures to meet their deadlines despite extensions, while his background as a defence att may well (even unconsciously) influence his sense of fair play in these respects.

Relying on notes while making what might be a key set of rulings seems quite incredible to me -- what would the cost have been to waiting on those transcripts and did the prosecution lobby hard for that? I can't imagine relying purely on a quick look at my brief case notes or a patient's chart before proceeding to a significant procedure or change of treatment, makes no professional sense to me.

Agree that the sensible course now is to dismiss and refile with better evidence and/ or superior organization of said evidence and hopefully before a more experienced judge.

Thanks to @Seattle1 and all the others who have translated the legalese and offered astute professional readings of these new developments.

 

[CGray123]

It appears, in my opinion as an observer, the only recourse now is for the prosecution to appeal to the Supreme Court of Colorado immediately and dismiss the case and start over. Why they would fail to do this, I could not understand. The people of Colorado do not desire for a murderer to be set free due to an errant judge and a willful defense only motivated by fame and money.

The challenge for the prosecution is that voluntary dismissal is not entirely free of legal risks and consequences. Jeopardy may not attach until a jury is seated, but still, a defendant's Constitutional rights to a speedy trial and Due Process may prohibit the prosecution from re-filing the case, especially if the reason for the prosecution's action is to gain an advantage over the defendant.

Also, dismissal is not a decision the prosecutor can make alone. The DA must file a written motion explaining the reason for the request, and it is the judge's decision whether or not to grant the motion. Rest assured that if Stanley files to dismiss without prejudice, BM's defense will be demanding dismissal with prejudice, arguing that the prosecution can't avoid judicial rulings barring admission of evidence by dismissing and re-filing.

In addition, dismissal without prejudice will not toll the statute of limitations on the non-murder charges, which IMO are important to the prosecution's strategy.

All MOO. If there are attorneys out there with a better informed view of the voluntary dismissal strategy, I would welcome their comments.

 

[WingsOverTX]

The challenge for the prosecution is that voluntary dismissal is not entirely free of legal risks and consequences. Jeopardy may not attach until a jury is seated, but still, a defendant's Constitutional rights to a speedy trial and Due Process may prohibit the prosecution from re-filing the case, especially if the reason for the prosecution's action is to gain an advantage over the defendant.

Also, dismissal is not a decision the prosecutor can make alone. The DA must file a written motion explaining the reason for the request, and it is the judge's decision whether or not to grant the motion. Rest assured that if Stanley files to dismiss without prejudice, BM's defense will be demanding dismissal with prejudice, arguing that the prosecution can't avoid judicial rulings barring admission of evidence by dismissing and re-filing.

In addition, dismissal without prejudice will not toll the statute of limitations on the non-murder charges, which IMO are important to the prosecution's strategy.

All MOO. If there are attorneys out there with a better informed view of the voluntary dismissal strategy, I would welcome their comments.

RSBBM
"defendant's Constitutional rights to a speedy trial and Due Process may prohibit the prosecution from re-filing the case, especially if the reason for the prosecution's action is to gain an advantage over the defendant"

I wouldn't say they are trying to gain an advantage. How about just trying to make it more even in the face of what could be interpreted as prejudice by the judge?

MOO

 

[Momofthreeboys]

How do you know he will move from Salida? You stated it as a fact.

Good point...I "think" he will move from Salida...too late to edit. He originally planned to move to Gunnison when he was released on bond and he has no rented or owned home in Salida or Maysville that we know of so a decent guess...but correct "I think" he will move from Salida area.

 

[CGray123]

RSBBM
"defendant's Constitutional rights to a speedy trial and Due Process may prohibit the prosecution from re-filing the case, especially if the reason for the prosecution's action is to gain an advantage over the defendant"

I wouldn't say they are trying to gain an advantage. How about just trying to make it more even in the face of what could be interpreted as prejudice by the judge?

MOO

Stanley would be making this motion to Judge L, who doubtless believes he has been evenhanded and whose discretion under the applicable standards is very broad. If he can't be persuaded to change his rulings, can we expect reasonably that he will be persuaded they have resulted from irrational biases or prejudices? Given the breadth of the trial judge's discretion on evidentiary matters, will an appellate court overturn a decision on his part to dismiss with prejudice because the DA is, in effect, unfairly looking to correct her own errors at BM's expense? Or worse, to go shopping for a different judge?

I hope the judge reconsiders his decisions to exclude key evidence. But my point remains, that a prosecution motion to dismiss the case without prejudice because the judge's rulings have crippled their their case would be anything but a clear path forward to successful prosecution.

 

[susiQ]

No, not to my knowledge.

As of Nov 9, the Morphew case file was supposed to be made public. However, the public court site (County District Court Cases of Interest tab), is void of these files that were only available by MSM in four date batches:

May – June, 2021

June – July, 2021

Sept.-Oct., 2021

Oct. 15 – Nov. 5, 2021

To my knowledge, the last prosecution Endorsed Witness List publically available for viewing was dated Oct 29, 2021.

The 30+page list of witnesses, extracted from the document dump above, is linked below.

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

Thanks @Seattle1 !

 

[WingsOverTX]

Stanley would be making this motion to Judge L, who doubtless believes he has been evenhanded and whose discretion under the applicable standards is very broad. If he can't be persuaded to change his rulings, can we expect reasonably that he will be persuaded they have resulted from irrational biases or prejudices? Given the breadth of the trial judge's discretion on evidentiary matters, will an appellate court overturn a decision on his part to dismiss with prejudice because the DA is, in effect, unfairly looking to correct her own errors at BM's expense? Or worse, to go shopping for a different judge?

I hope the judge reconsiders his decisions to exclude key evidence. But my point remains, that a prosecution motion to dismiss the case without prejudice because the judge's rulings have crippled their their case would be anything but a clear path forward to successful prosecution.

My bad. I thought we were talking about an appeal to the CO Supreme Court. I would certainly be over optimistic in thinking the judge will be convinced of the error of his ways.
JMO