Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #101

[Boxer]

I believe they found fireplace remnants that appeared to resemble her diary’s metal binder.

Really? That is good. It seems like they could trace down the kind of diary book it was, burn the same model and compare the ashes and the metal binder.

 

[Tumbleweed]

I'll look for that! Thank you for the recommendation. I have listened to podcasts on that crime!

I am curious since there was no crime scene at the house, then they really can't say for sure where she was killed. The fact a tranq dart is even a possibility would make me believe it's just as possible he killed her after he got her to the dump site. I mean no cadaver hits at the house, no blood, no evidence of a struggle (expect the door frame) I think the argument could be made that it's just as possible it was on federal land because that land is all around the house. Trying to find a good map to share that shows exactly where federal land is.

I can't find a great map, but in the real estate listing when he sold the house it said that the Puma Path house borders the San Isabel National Forest. It sure sounds like a possibility he put her there, up in the mountain behind the house. And I agree, since there is no physical evidence of her death at the house, the feds could take over or restart the investigation and prosecution if her body is found there. If he is prosecuted in federal court instead of district court, I'm guessing the sanctions wouldn't apply. At least I sure hope they wouldn't. This would be fantastic if it occurs IMO. Does anyone have ideas about that? I wonder if it has ever happened before?

 

[al66pine]

In Media Conf., Did DA Stanley Violate CO. Rules of Professional Conduct?
May 5, 2021, after BM's arrest: ~ 13:46 time mark, reporter poses questions about 1. BM's statements about body, 2. BM retaining counsel. LS responds.

Transcript from youtube.
"13:46
the question was if
the suspect mr morpheu had answered any
of our questions or told us where
suzanne morphy's body is and
13:58
after mr murphy was arrested this
morning
he was taken into custody and he when he
asked questions he said he wanted a
lawyer so all questioning
ended...

has mr murphy retained counsel at
14:13
this point
yes he has retained counsel okay i think..."

- - - - - - - - - - - - - - - - - - - - - - - - - - -
Did her ^ statement violate either of these CO. Rules?

Rule 3.6. Trial Publicity*
"A lawyer who is participating... in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter." * sbm bbm

Rule 3.8. Special Responsibilities of a Prosecutor**
"The prosecutor in a criminal case shall:...
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused unless such comments are permitted under Rule 3.6(b) or 3.6(c),...." sbm bbm

Thoughts, pls?

__________________________________________
* The Colorado Bar > For Members > Opinions Rules Statutes > Rules of Professional Conduct > Rule 3.6 Trial Publicity
** The Colorado Bar > For Members > Opinions Rules Statutes > Rules of Professional Conduct > Rule 3.8 Special Responsibilities of a Prosecutor

 

[FromGermany1]

The case having been dismissed, the court has no jurisdiction over BM. So, the protective orders issued in this case no longer apply to him.

He would be a fool even to contact a witness who did not reach out to him first, but as we know...

What will MG do to escape him for the long run? She now has to fear him twice as much, I think.

 

[Seattle1]

Colorado provides for both mandatory protection orders for criminal cases as well as civil restraining orders.

Courts issue mandatory protection orders whenever someone has been accused of committing a crime in Colorado, pursuant to CRS 18-1-1001 which focuses on conduct that harasses victims or tampers with witnesses.

The mandatory protection order lasts until the final disposition of your case. A final disposition includes:

• A jury verdict of guilty or not guilty,
• A finalized plea deal, or
• The prosecutor dropping all the charges against you.

A dismissal of some of the charges, however, does not count. It is not a final disposition of your case.

If one wanted to push a technicality, I suppose one could argue that since BM's gun charge is still pending (where the charge was not yet severed from the case when the mandatory orders were written), there's not been a final disposition yet and therefore the mandatory protection orders remain in place.

Nonetheless, having witnessed a citizen attempting to get a civil restraining order against BM's girlfriend SD, I think it might be easier to get the Court to agree to extend the mandatory protection order issued for the victims/witnesses than it would be for the parties to obtain civil restraining orders. MOO

Mandatory Protection Orders In Colorado Criminal Law Cases

See Pgs 41-49 from the document dump linked below for the Mandatory Protection Orders. Relative to how long the Orders remain in effect, also take note that Judge Murphy appended to the terms of these Orders [**].

https://www.fox21news.com/wp-conten...blic-Documents-Sept-2021-thru-Oct-15-2021.pdf

 

[GatorFL]

Really? Is OP referring to the 14-minute presser on May 5, 2021, where LS spoke beginning at about the 4-minute mark to 7-minute mark or about 3 minutes?

For factual clarity, perhaps OP should utilize the transcription option for the YT presser.

Huh? Not sure what you're trying to suggest. Yes, I saw this press conference and from the minute it was completed I knew the State was in trouble. I don't want or need to listen to it again. Bottom line: she said one thing in that press conference and the exact opposite transpired. She should be held accountable by the voters in her district.

A better question would be for you to ask me what was my foresight into how and why this case would unravel the way it did?

 

[TIGER0822]

The body is allegedly under five feet of snow. Presumably both years there was several feet of snow in the same location. I think BM set up a red herring.

 

[Seattle1]

Huh? Not sure what you're trying to suggest. Yes, I saw this press conference and from the minute it was completed I knew the State was in trouble. I don't want or need to listen to it again. Bottom line: she said one thing in that press conference and the exact opposite transpired. She should be held accountable by the voters in her district.

A better question would be for you to ask me what was my foresight into how and why this case would unravel the way it did?

To be clear, OP's statement is quoted below for your convenience:

ITA. From that first press conference she was all about the limelight instead of doing the work that needed to be done.

I didn't ask about your foresight and was curious how OP could factually assert from a presser with only 3 minutes attributed to the DA that the DA was all about the limelight? When you make a statement as fact, you should be able to back up your words or correct your post to read as your opinion.

 

[GatorFL]

To be clear, OP's statement is quoted below for your convenience:



I didn't ask about your foresight and was curious how OP could factually assert from a presser with only 3 minutes attributed to the DA that the DA was all about the limelight? When you make a statement as fact, you should be able to back up your words or correct your post to read as your opinion.

I think my post says it all then and no further clarification is necessary.

 

[Love Never Fails]

No, I don’t keep files on the case and wouldn’t be able to provide you a link. I believe what the OP in my quoted post was saying is that the defense accused LS of talking about the case on social media. Moo
The OP in my quoted post, @Diddian, just did a very diligent summarization of the podcasts In which LS was interviewed and provide links to them. I believe @Seattle may have posted quotes of the defense attorney’s accusations and also quotes of Judge Lama regarding the issue up thread. I hope this helps. Moo

Again and again, the defense lied about LS talking about the case on social media.

But some people will believe anything rather than checking the facts.

 

[Lyanna]

It's Suzanne's birthday on Saturday - she would be 51.

#shinebrightforsuzanne

 

[Seattle1]

How a Husband-Wife MAGA Murder Saga Descended Into Chaos

4/24/22

[..]

That alleged misconduct was detailed in a devastating order issued by Fremont County District Court Judge Ramsey Lama on April 8 in which he blocked the testimony of almost all prosecutorial expert witnesses. It was punishment for what he called the prosecution’s “arguably reckless” pattern of violating discovery rules.

Among the offenses, according to Lama’s order: repeatedly missing court deadlines, failing to turn over material evidence, misrepresenting evidence, and even hiding DNA found in Suzanne’s car from the defense.

“They never had a case,” Iris Eytan, one of Morphew’s lawyers, told The Daily Beast. “They knew last year that they did not have enough to file charges and they have been trying to manipulate and hide evidence to make their case work ever since.”

Eytan added that she was not sweating the prospect of prosecutors refiling the murder charges against Morphew, and that Morphew was not worried about it either. Instead, she said, he was focused on finding Suzanne and the separate case involving the 2020 ballot.

“He needs his moment. He needs to catch his breath,” the lawyer said, noting that Morphew’s daughters have been steadfast in maintaining their father’s innocence; they have repeatedly appeared with him in public since the charges. “Barry is just focused on his family, going to see his mom in Indiana, and finding his wife.”

[..]

The Morphew family and the 11th Judicial District Attorney’s office did not respond to requests for comment on this story. The Chaffee County Sheriff’s Office said in a statement to The Daily Beast that the investigation into what happened to Suzanne Morphew was ongoing—and thus they could not share any details.

 

[Lyanna]

Barry is just focused on his family, going to see his mom in Indiana, and finding his wife.”

Rsbbm

Ha!!! That would make a change!

That Iris is infuriating

Moo

 

[Boxer]

Again and again, the defense lied about LS talking about the case on social media.

But some people will believe anything rather than checking the facts.

Is there a transcript of the complaint the defense made?
I would like to see exactly what they said.
MOO Still the states case fell apart due to a pattern of discovery violations.

 

[WingsOverTX]

How a Husband-Wife MAGA Murder Saga Descended Into Chaos

4/24/22

[..]

That alleged misconduct was detailed in a devastating order issued by Fremont County District Court Judge Ramsey Lama on April 8 in which he blocked the testimony of almost all prosecutorial expert witnesses. It was punishment for what he called the prosecution’s “arguably reckless” pattern of violating discovery rules.

Among the offenses, according to Lama’s order: repeatedly missing court deadlines, failing to turn over material evidence, misrepresenting evidence, and even hiding DNA found in Suzanne’s car from the defense.

“They never had a case,” Iris Eytan, one of Morphew’s lawyers, told The Daily Beast. “They knew last year that they did not have enough to file charges and they have been trying to manipulate and hide evidence to make their case work ever since.”

Eytan added that she was not sweating the prospect of prosecutors refiling the murder charges against Morphew, and that Morphew was not worried about it either. Instead, she said, he was focused on finding Suzanne and the separate case involving the 2020 ballot.

“He needs his moment. He needs to catch his breath,” the lawyer said, noting that Morphew’s daughters have been steadfast in maintaining their father’s innocence; they have repeatedly appeared with him in public since the charges. “Barry is just focused on his family, going to see his mom in Indiana, and finding his wife.”

[..]

The Morphew family and the 11th Judicial District Attorney’s office did not respond to requests for comment on this story. The Chaffee County Sheriff’s Office said in a statement to The Daily Beast that the investigation into what happened to Suzanne Morphew was ongoing—and thus they could not share any details.

Thanks for sharing this. Despite some sweeping statements, the reporting could have been worse.

Not sure this person was really a close friend of Suzanne's. But she is 100% right about the 100% guilt of the criminal domestic abuser in this case.

Leewaye, for her part, was more blunt about what she thinks about the case—and what she hopes happens next.

“I absolutely 100 percent think Barry is still guilty,” she said.

100%
JMO

 

[justtrish]

Colorado provides for both mandatory protection orders for criminal cases as well as civil restraining orders.

Courts issue mandatory protection orders whenever someone has been accused of committing a crime in Colorado, pursuant to CRS 18-1-1001 which focuses on conduct that harasses victims or tampers with witnesses.

The mandatory protection order lasts until the final disposition of your case. A final disposition includes:

• A jury verdict of guilty or not guilty,
• A finalized plea deal, or
• The prosecutor dropping all the charges against you.

A dismissal of some of the charges, however, does not count. It is not a final disposition of your case.

If one wanted to push a technicality, I suppose one could argue that since BM's gun charge is still pending (where the charge was not yet severed from the case when the mandatory orders were written), there's not been a final disposition yet and therefore the mandatory protection orders remain in place.

Nonetheless, having witnessed a citizen attempting to get a civil restraining order against BM's girlfriend SD, I think it might be easier to get the Court to agree to extend the mandatory protection order issued for the victims/witnesses than it would be for the parties to obtain civil restraining orders. MOO

Mandatory Protection Orders In Colorado Criminal Law Cases

Thank you for the information! I go back and forth on if Barry would be so dumb to reach out to any of them or not.

 

[WingsOverTX]

The body is allegedly under five feet of snow. Presumably both years there was several feet of snow in the same location. I think BM set up a red herring.

Even if he did, I'd still like a very close look at that "red herring" because separating it from the school of fish does not mean it may not have probative value.

She's out there. Maybe not under five feet of snow but probably close enough to Puma Path that binoculars or a spotting scope allows *somebody* to keep an eye on his most damning evidence.

May is coming and snowmelt is an insidious enemy to those whose deeds are covered in it.

JMHO

 

[Auntie Cipation]

The body is allegedly under five feet of snow. Presumably both years there was several feet of snow in the same location. I think BM set up a red herring.

Respectfully, I don't think that's a safe presumption.

Even if every year unfolded exactly the same, weatherwise, in mountain country there is a *huge* difference in snowmelt status between mid April and mid May.

And since we all know every year is *not* the same as things are getting even more erratic, even more so.

MOO

 

[Scootie98]

I think he may have discarded SM’s body sometime before 10:17 pm on 5/9 using the old RR. His phone was turned to airplane mode from 2:47 pm, (aa page 34) and turned off airplane mode at 10:17 pm, (aa pge 35).
I think he killed her shortly after he returned home and put the phone in airplane mode. I think he used the next several hours of daylight to think out his plans, do evidence cleanup such as throwing his clothes in the wash, collecting items to be discarded including the bike, the helmet, the phone, a set of SM’s biking clothes, the tranq supplies and so on. He removed her bike from the back of the RR and placed her body inside, possibly in a container or cooler. He went out shortly before dusk to bury her body or to discard it in a mineshaft or ravine.
He returned to PP and shortly thereafter, 10:17 pm, took his phone out of airplane mode to try to establish that he was home.
In the middle of the night he finished loading his truck and in the wee hours of the morning began his journey to Broomfield stopping to stage the bike, the helmet, and possibly the phone fabricating the story of the herd of elk to explain why he turned left on 50. He wiped down SM’s bike, helmet, phone, and the rr with the brown towel and placed it in the bag of items to be discarded in Broomfield.
That’s my latest theory.

I too have had this nagging theory that the RR that was in the garage was the vehicle used to move SM. Whether she was dead or incapacitated during the transport...I believe that was the vehicle.

 

[Scootie98]

They marked Lauren as their equal.
Meaning they felt their equal was in the media not in the courtroom.

"We did. We searched every mine shaft in the area". Who is we and were they interviewed by LE?