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

[mom2chloe]

Well, we have plenty of truth. To start, LS got up there and talked about how law enforcement never quit, but she wasn't listening to them. We know this from the video of her very first presser and then the subsequent statements of the CBI agents. She said, in that first press conference, that she was confident in the case and that she wouldn't bring charges in this case unless she was confident in them. And yet, her team was admonished multiple times about the discovery issues, but they disregarded the Judge's admonishments. As a result, they were sanctioned by losing some of the expert witnesses. She had an opportunity to appeal these rulings but instead decided to dismiss the case she was so confident in. I'd say she was in over her head. If I were a taxpayer in that district I would be livid over the outcome of this case. JMO

Agreed, there needs to be justice for Suzanne.

Could you elaborate or include a link as to your statement that LS talked about the fact that LE never quit but she wasn’t listening to them? afaik we are not privy to whether an appeal was filed regarding the Judge tossing the expert witnesses. If anyone knows with certainty whether the DA did or did not appeal this I would be appreciative as would many others. Part of the issue with this entire case is the secrecy and complete lack of transparency. I welcome any further information because frankly as I’ve stated before we continue to be a bunch of mushrooms; kept in the dark and fed either bs or maybe worse nothing at all. IMO

 

[mom2chloe]

Could you elaborate or include a link as to your statement that LS talked about the fact that LE never quit but she wasn’t listening to them? afaik we are not privy to whether an appeal was filed regarding the Judge tossing the expert witnesses. If anyone knows with certainty whether the DA did or did not appeal this I would be appreciative as would many others. Part of the issue with this entire case is the secrecy and complete lack of transparency. I welcome any further information because frankly as I’ve stated before we continue to be a bunch of mushrooms; kept in the dark and fed either bs or maybe worse nothing at all. IMO

Yes we do. She withheld evidence and ignored court-ordered deadlines. Those are major screw-ups that Judge Lama called her out on and are clearly spelled out in court documents.

She meaning LS or her subordinates who report to her? Do we have any documentation that she signed off on this? I am all in favor of holding someone accountable but sometimes it’s the people who are legitimately in the wrong who are overlooked and innocent people thrown under the bus. Especially in Government work IMO all politics aside.
EBM to correct double quote. Which didn’t work lol sorry.

 

[mom2chloe]

Thanks that was really interesting.

I thought so as well! I also thought it was started to turn into this weird web of passion so to speak and more was to come. Almost like something was going to be exposed, it's already a movie plot but that I thought would be that crazy twist.

perhaps this is a sordid tale we are better off not knowing?! Hey I continue to look for the bright spot. Looking especially hard at the bright spot that melts the snow. Also the missing angel that may exist beneath the snow.

 

[Seattle1]

I agree with sanctioning the defense. They deliberately misled the court.

First and most important, neither the Fremont County District Court (Judge Lama) nor the previous Chaffee County District Court (Judge Murphy) found willful conduct (by either party) associated with any Discovery violation.

Ultimately, if one actually reads both sides, I don't think there should be any dispute that the sanctions imposed greatly damaged the People's case -- tantamount to dismissal for late disclosures that were not greatly prejudicial, but were rather technical in nature.

IMO, court sanctions should be reserved for what willfully constitutes a violation of Discovery Rule 16, a case management order (CMO), and/or the potential of prejudice to a party-- and certainly not what we witnessed happening here.

I believe the prosecution best explained and/or illustrated what one typically expects in cases of this nature where the DEFENSE ALSO MISSED CMO deadlines, and while no doubt a violation, the People respectfully submitted they did not suffer extreme prejudice over the day late filings (i.e., defense alibi), even though it happened much closer to trial:

Pg 10/12 - April 7, 2022 -- People's Reply to Defense Response to Motion to Reconsider Discovery Violation Sanctions.

Barry Morphew prosecution team wants witnesses reinstated | 9news.com

ETA: I remain very concerned that the defense had no problem leaking their court motions and responses to the People's motions, to certain networks or individuals, and where these motions remain on Scribd, but the People's motions are still difficult for the public to access-- if not deleted from Scribd.

 

[al66pine]

Sources of Prosecutor’s Problems?

...But the did prosecution screw up - repeatedly ....
IMO they were defeated by LS’s own ego. She should have listened to the smarter people in the room.

@KBlackRabbit bbm sbm Thanks for you post. Yes, the judge's rulings may have been biased and defense team likely stretched the truth more than once, but imo, those factors were less significant than problems caused by prosecutor. As you said.

Personally doubt prosecutor's problems stemmed solely from her own ego & arrest timing. Other factors likely contributed too: asst. DA & CBI investigator personnel changes/turnover; the usual difficulties in any office, possibly COVID issues, etc.

I imagine prosecutor staff devoted long hours responding to numerous lengthy def's motions, many of which were rather frivolous imo.
Imo staff could not just crank out the boilerplate responses commonly used w and sufficient for lower level felony prosecutions. Seems like heavy duty drafting, which required detailed-fact-recitals and specific CO. law analysis. IOW, a lot of custom tailoring.

Imo being (nearly) papered to death left prosecutor staff waaay less time needed to concentrate on nuts and bolts pre-trial hearings and pre-trial prep. my2ct

 

[TIGER0822]

She is so beautiful and she looks genuinely happy here. It's hard to know what happened less than one hour later. [

 

[Seattle1]

Hear!! Hear !!!

Too bad Judge Murphy was caught in the middle of BM, SD and her "mishap" which was probably a set up, IMO

For anybody that thinks SD landing with defense attorney DN's husband, employed by a firm with the infamous conflict of interest with Judge Murphy, a mere coincidence, well hit me up because I have some Alaskan artifacts to sell you.

 

[Cindizzi]

For anybody that thinks SD landing with defense attorney DN's husband, employed by a firm with the infamous conflict of interest with Judge Murphy, a mere coincidence, well hit me up because I have some Alaskan artifacts to sell you.

Absolutely.
And Judge Murphy disqualified himself from SD trespassing case back in October.
IE waited to file her Motion until the night before a hearing in December, claiming she had just learned about this “ conflict “. Bull imo


Morphew Defense Motion Seeks to Remove Judge Patrick Murphy from Murder Case - by Jan Wondra - Ark Valley Voice


In a startling turn of events, late Monday evening, Dec. 13, the defense team for accused murderer Barry Morphew filed a motion with Colorado District Court to remove District 11 Judge Patrick Murphy from the case.

The Dec. 14 session was supposed to be a continuation of a motions hearing that began on Nov. 9, regarding defenses assertions that they weren’t given access to expert witness information and pretrial publicity. The new motion requesting the removal of the judge arrived so late that there appears to have been no time to notify the prosecution or court and media attendees, leaving those in the courtroom somewhat stunned.

 

[mrjitty]

For anybody that thinks SD landing with defense attorney DN's husband, employed by a firm with the infamous conflict of interest with Judge Murphy, a mere coincidence, well hit me up because I have some Alaskan artifacts to sell you.

The Judge's recusal was absurd IMO.

 

[mrjitty]

BM admitted that he discarded tranq material. The weapon he likely used was most likely was discarded on one of his five trash runs. Focusing on another weapon is hurting their case. MOO

I agree

In fact, the absence of a working, obvious tranq gun is a big red flag IMO

 

[mrjitty]

Huh? Can OP be more specific about anything from the AA that was unexpectedly not admitted as evidence and that gutted this case?

I can only think of the texts used to support DV which were not admitted as a point of law when the prosecution could not boost this evidence over the threshold. But this didn't gut the case, and the decision was not challenged. MOO

All that evidence was in open court in the prelim as well. The idea this is all some kind of problem seems odd to me.

The Judge could have suppressed it if he had so many concerns.

Remember we have had access to the DV text stuff because it was downloadable from the Court portal pre-trial

 

[mrjitty]

^^rsbm

Having observed E & N defense strategy long before they represented Morphew, they are excellent at frustrating the prosecution by burying them with motions from their first appearance, in addition to gaining ground on technicalities.

Hurricane Iris certainly demonstrated her skill at throwing everything (fact or fiction) at the wall and making use of whatever sticks.

(IMO, she didn't pull the wool over Judge Murphy but I'd say Lama bought everything she spewed).

And should E & N represent BM at a retrial, I agree with Dan May where (this defense team especially) it will be an uphill battle for the understaffed prosecution of the 11th Judicial District to reintroduce expert witnesses previously barred by court order sanctions.

Not to say it will be impossible to reintroduce the experts or discovery but IMO, the clean slate as implied by the quoted post is more typical when the dismissal occurs prior to the preliminary hearing and the case is bound over for trial.

I agree - all roads will still lead to Rome

The expert sanctions will be litigated one way or other other if the case is refiled, and IMO will be appealed by whichever side loses at first instance.

The only way this doesn't happen is if the body is found with hard incriminating evidence in which case the jig is up.

 

[Seattle1]

Absolutely.
And Judge Murphy disqualified himself from SD trespassing case back in October.
IE waited to file her Motion until the night before a hearing in December, claiming she had just learned about this “ conflict “. Bull imo


Morphew Defense Motion Seeks to Remove Judge Patrick Murphy from Murder Case - by Jan Wondra - Ark Valley Voice


In a startling turn of events, late Monday evening, Dec. 13, the defense team for accused murderer Barry Morphew filed a motion with Colorado District Court to remove District 11 Judge Patrick Murphy from the case.

The Dec. 14 session was supposed to be a continuation of a motions hearing that began on Nov. 9, regarding defenses assertions that they weren’t given access to expert witness information and pretrial publicity. The new motion requesting the removal of the judge arrived so late that there appears to have been no time to notify the prosecution or court and media attendees, leaving those in the courtroom somewhat stunned.

We can always count on @Cindizzi to provide the appropriate link at the appropriate time! Thank you!

Once again, when faced with defense attorney IE's brazen attempt to instruct the Court on how to do its job-- including whether or not to allow the prosecution the same courtesy extended to the defense, Judge Murphy correctly overruled the defense's late hour objection, while always providing an explanation.

I also believe Judge Murphy consistently advising the parties he was going to research the matter prior to rendering his decision provided a level of confidence that he would render a fair decision based on the law-- and not the suggestion or strategy of the defense.

From the link:

The Darke case was shifted between Chaffee County Court and District Court in an attempt to avoid the publicity occurring in the Morphew case.

“The defense is arguing that because I could not sit on a case where Mr. McDermick and Stewart were on….that I might have to make some decision about the parameters of the cross-examination,” said Murphy. “I’m not aware of any case law with this particular fact pattern, that’s why I need the time to do my research.”

Judge Murphy proposed a 10-day period allowing time for the prosecution to respond to the motion. Defense objected and the judge overruled, setting a court ruling regarding the motion for 4:30 p.m. Tuesday, Jan. 11 for a ruling on the motion on whether to disqualify himself from the proceedings and for the prosecution to affirm that it is possible that Ms. Darke may be called as a witness.

[..]

“I also stated that the court has to decide if the allegations contained in the motion and the affidavits rise to the level of disqualification.”

[..]

“With only an initial quick reading I couldn’t come to an immediate answer to that question,” said Murphy. “I have to read the cases cited and didn’t have time to do that. So the purpose of today’s hearing, the only purpose, is to determine whether or what period of time the prosecution is requiring to file a response with substance.”

Murphy allowed Defense Attorney Eytan to make a spoken record of their motion.

[..]

Judge Murphy pointed out that the defense attorneys had a discussion with Sean McDermott on Dec. 9, and days to confer, so allowing the prosecution time to respond was reasonable.

[..]

The defense is arguing that because I could not sit on a case where Mr. McDermick and Stewart were on….that I might have to make some decision about the parameters of the cross-examination.

I am not aware of any case law with this particular fact pattern, that’s why I need the time to do my research.”

It should be pointed out that the role of a defense team, as soon as they are hired, is to cast doubt upon the premise of the prosecution’s case, to cast doubt upon witnesses and all those involved in a trial who might represent the case against their client, including the system itself, which can mean nothing other than the accused has hired a good defense.

It could also be pointed out that in rural communities and across states without the dense populations of eastern states, that it is often the case that those who achieve positions of authority in the government, business, and the justice system have often grown up together, going to the same schools, working in parallel paths. This does not mean that it in any way impacts their ability to see justice done.

 

[FromGermany1]

O/T
Colorado Wife Was Murdered by Husband Hours After Confronting Him About Tinder Affair

"This is all because you couldn't keep your pants zipped and agree to the divorce Stacy wanted," Stacy Feldman's mother, Dorothy Malman, said during the sentencing hearing, 9 News reports. "You are evil."

"If you really loved your children, you wouldn't have killed their mother," Malman said, KDVR reports. "You wouldn't have taken their mother from them. The only person you love is yourself."

 

[Kemug]

The only way this doesn't happen is if the body is found with hard incriminating evidence in which case the jig is up.

I need a "fingers crossed" symbol!

 

[HongKongPhooey]

For anybody that thinks SD landing with defense attorney DN's husband, employed by a firm with the infamous conflict of interest with Judge Murphy, a mere coincidence, well hit me up because I have some Alaskan artifacts to sell you.

They played the judges like a fiddle, IMO.

 

[WingsOverTX]

As a hypothetical, if remains or evidence were recovered from Federal lands, could this become a Federal case instead of a Chaffee County case? And if it became a Federal case, would the prior courts sanctions be moot?

This question came up in the Gabby Petito murder last year.

Why Gabby Petito Homicide Case Could Be a Jurisdictional Mess

This article states: Per the outlet, investigators are trying to determine if she was killed in the same place where they found her body. Police discovered Gabby Petito’s remains in the vicinity of Grand Teton National Park and Bridger-Teton National Forest Service in Wyoming. Both of those locations fall under federal jurisdiction.

But if she was killed off federal lands and then just buried in the national park or forest, the case gets turned over to state authorities. Currently, the FBI has been compiling evidence and conducting the investigation. The progress they’ve made could take a huge step back if suddenly state authorities have to take over the case.

But what happens if the authorities can’t determine the exact location where Gabby Petito died?

Then, according to TMZ, the case will default to the place where her body was found. So, federal lands and federal jurisdiction.

The FBI gave the final report.
https://www.google.com/url?sa=t&sou...8QFnoECAkQAQ&usg=AOvVaw19IJ1fIvNbt-1T-soMixCL

A federal warrant was issued for her boyfriend.
https://www.google.com/url?sa=t&sou...8QFnoECAgQAQ&usg=AOvVaw0sAAygkWlYo8XRv82lk8qJ

Posting this as information, not speculation re: Morphew's body.

MOO

 

[OldCop]

I agree

In fact, the absence of a working, obvious tranq gun is a big red flag IMO

Unless he injected her manually.

 

[Diddian]

Unless he injected her manually.

It’d still be a big red flag because he told LE he shot darts from the area of the breezeway to tranquilize two deer in April so he could saw off their antlers.

So, why would there be no gun capable of shooting darts at the property?

 

[OldCop]

We can always count on @Cindizzi to provide the appropriate link at the appropriate time! Thank you!

Once again, when faced with defense attorney IE's brazen attempt to instruct the Court on how to do its job-- including whether or not to allow the prosecution the same courtesy extended to the defense, Judge Murphy correctly overruled the defense's late hour objection, while always providing an explanation.

I also believe Judge Murphy consistently advising the parties he was going to research the matter prior to rendering his decision provided a level of confidence that he would render a fair decision based on the law-- and not the suggestion or strategy of the defense.

From the link:

The Darke case was shifted between Chaffee County Court and District Court in an attempt to avoid the publicity occurring in the Morphew case.

“The defense is arguing that because I could not sit on a case where Mr. McDermick and Stewart were on….that I might have to make some decision about the parameters of the cross-examination,” said Murphy. “I’m not aware of any case law with this particular fact pattern, that’s why I need the time to do my research.”

Judge Murphy proposed a 10-day period allowing time for the prosecution to respond to the motion. Defense objected and the judge overruled, setting a court ruling regarding the motion for 4:30 p.m. Tuesday, Jan. 11 for a ruling on the motion on whether to disqualify himself from the proceedings and for the prosecution to affirm that it is possible that Ms. Darke may be called as a witness.

[..]

“I also stated that the court has to decide if the allegations contained in the motion and the affidavits rise to the level of disqualification.”

[..]

“With only an initial quick reading I couldn’t come to an immediate answer to that question,” said Murphy. “I have to read the cases cited and didn’t have time to do that. So the purpose of today’s hearing, the only purpose, is to determine whether or what period of time the prosecution is requiring to file a response with substance.”

Murphy allowed Defense Attorney Eytan to make a spoken record of their motion.

[..]

Judge Murphy pointed out that the defense attorneys had a discussion with Sean McDermott on Dec. 9, and days to confer, so allowing the prosecution time to respond was reasonable.

[..]

The defense is arguing that because I could not sit on a case where Mr. McDermick and Stewart were on….that I might have to make some decision about the parameters of the cross-examination.

I am not aware of any case law with this particular fact pattern, that’s why I need the time to do my research.”

It should be pointed out that the role of a defense team, as soon as they are hired, is to cast doubt upon the premise of the prosecution’s case, to cast doubt upon witnesses and all those involved in a trial who might represent the case against their client, including the system itself, which can mean nothing other than the accused has hired a good defense.

It could also be pointed out that in rural communities and across states without the dense populations of eastern states, that it is often the case that those who achieve positions of authority in the government, business, and the justice system have often grown up together, going to the same schools, working in parallel paths. This does not mean that it in any way impacts their ability to see justice done.

Thanks for this, @Seattle1. I think Judge Murphy is much more experienced in handling over zealous attorneys whether prosecutors or from the defense team. His practice of delaying an immediate decision to research case law helps diffuse the situation and has him standing on much firmer ground in the event of an appeal. Judge Lama on the other hand, is much less experienced and more easily persuaded by aggressive defense teams.
Although both judges were former defense attorneys themselves, they may look at a trial in two different ways. Some defense attorneys really have disdain for LE and believe that LE consistently railroads innocent defendants. Other defense attorneys turned judges rightly believe their job is to ensure that the defendant receives a fair trial; not that the defendant has been wrongly charged. This judge allows the evidence to show the way for a jury to decide. He does not take away the ability for the jury to see the evidence at all.
“It should be pointed out that the role of a defense team, as soon as they are hired, is to cast doubt upon the premise of the prosecution’s case, to cast doubt upon witnesses and all those involved in a trial who might represent the case against their client, including the system itself, which can mean nothing other than the accused has hired a good defense.”
This does not mean the judge should allow all the smoke and mirrors that the defense team throws out. Receiving a fair trial does not mean that the defendant and his team have the right to intentionally mislead the court and jury as to the validity of legally obtained physical and digital evidence and eyewitness reports.