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

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  • #661
The right to a fair trial is the bedrock of our justice system.

Have we identified any actual anything that the Prosecution withheld, willfully or even accidentally, that would've prevented a fair trial?

Honest question.

JMO
 
  • #662
Judge Ramsey Lama who was presiding over #BarryMorphew case resigned a week after the dismissal of the charges citing health reasons. Judge Lama wrote a letter saying "after 6.5 years, it is time for me to move on." His last day will be July 25, 2022.

The courts have informed me that Judge Ramsey Lama will be returning to private practice. A press release announcing the judge vacancy will be issued in the coming weeks.

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https://twitter.com/laurenscharftv/status/1520117471339945984?s=21&t=4GgXvTXKTxAjagR7HegUpg
Very Interesting.
My first thought when I read the first tweet, resigning due to health, I figured he was done working or going to retire!!!

But he since he will be returning to private practice doesn't sound like retirement so now I wonder WTH is going on ??

Inquiring minds want to know !!!!!!!!!! :P
 
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  • #663
Happy Birthday Suzanne ❤️
 
  • #664
  • #665
  • #666
The right to a fair trial is the bedrock of our justice system.

Have we identified any actual anything that the Prosecution withheld, willfully or even accidentally, that would've prevented a fair trial?

Honest question.

JMO

Delaying delivery of discovery limits the preparation timeline for the other side. It is a known tactic and why it's a big deal, intentional or not, a pattern of delay will get big penalties.
 
  • #667
Delaying delivery of discovery limits the preparation timeline for the other side. It is a known tactic and why it's a big deal, intentional or not, a pattern of delay will get big penalties.
I wonder what Stanley's problem with this case was. I mean, from that very first press conference I expected the prosecution to have some issues but what transpired was beyond what I expected. The first lead, Jeff Lindsey, quit. There were 4 others attached to the case at that time and LS promised more would be assigned. No matter how much manpower they threw at this case, the whole 11th Circuit seemed to be overwhelmed. Is it because it is Eytan overwhelmed them? Or were they professionally incompetent? I'm curious what others here think.

And before any of you say it was Lama who overreached with his sanctions, the post I quoted is perfect: the defense deserves a fair show at discovery and so his sanctions, after repeated warnings, were completely justified.

What happened here?
 
  • #668
I wonder what Stanley's problem with this case was. I mean, from that very first press conference I expected the prosecution to have some issues but what transpired was beyond what I expected. The first lead, Jeff Lindsey, quit. There were 4 others attached to the case at that time and LS promised more would be assigned. No matter how much manpower they threw at this case, the whole 11th Circuit seemed to be overwhelmed. Is it because it is Eytan overwhelmed them? Or were they professionally incompetent? I'm curious what others here think.

And before any of you say it was Lama who overreached with his sanctions, the post I quoted is perfect: the defense deserves a fair show at discovery and so his sanctions, after repeated warnings, were completely justified.

What happened here?
I hate to say it but could be a throwing of the case.
 
  • #669
Delaying delivery of discovery limits the preparation timeline for the other side. It is a known tactic and why it's a big deal, intentional or not, a pattern of delay will get big penalties.

This is what I'm challenging.

Just because Iris said it, and just because the judge regurgitated it, IMO doesn't make it true.

Only truth makes it true.

Iris convinced the first judge that the Prosecution withheld DNA that was exculpatory. They did not and it was not.

Iris convinced the second judge that a dog picked up Suzanne's scent by the bike and followed it. Not true, not exculpatory.

IMO furthermore, neither interfered with Barry's right to a fair trial.

Never mind that the Prosecution no longer intended to call the handler as a witness. Paring down the 500. Pre-game decision not to call -- and all the handler would offer if called is that the dog never located Suzanne's scent -- no hidden evidence! That's bad for Barry! It doesn't exonerate him! It implicates him!

But Iris got the judge to smell the imaginary log.

Iris invented a livestream breach. Never happened. But the judge believed it, all but boxing out the public's right to be there and the media's ability to report on it.

Iris invented breaches by the DA. calling her remarks outrageous, prejudicial-- but 1. the DA made her remarks before any gag orders or admonitions and 2. she didn't say anything prejudicial! She indicated the fact that the defendant wasn't answering questions and sought an attorney. Fact. Beyond that, she wouldn't discuss particulars of the case. As we'd expect.

Iris is a magician.

JMO
 
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  • #670
  • #671
Continuing...

At least once, if memory serves me, Iris represented to the court that discovery was withheld when she already in fact had it.

Motion cyclone.

And didn't she whine that the Prosecution hadn't turned over the enhanced audio from the spy pen? They had the actual audio.

Follow any of her cases. She's following a script. It's noisy. But that doesn't make it true.

What is sad to me is that I am a solid supporter of a rigorous defense. A trial is supposed to be about the search for the truth. It's not supposed IMO to be a theatre of illusion.

JMO
 
  • #672
The right to a fair trial is the bedrock of our justice system.

Have we identified any actual anything that the Prosecution withheld, willfully or even accidentally, that would've prevented a fair trial?

Honest question.

JMO
No one except prosecution would know if they withheld information. There were errors of omission like the dog handler’s report and multiple late deliveries of information as well as prosecution missing dates the court set. But really if they withheld anything prosecution would probably be the only ones who knew. I have every reason to believe that if defense found out about anything omitted it would be in a motion in a heartbeat.
 
  • #673
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  • #674
Very Interesting.
My first thought when I read the first tweet, resigning due to health, I figured he was done working or going to retire!!!

But he since he will be returning to private practice doesn't sound like retirement so now I wonder WTH is going on ??

Inquiring minds want to know !!!!!!!!!! :p
Perhaps sitting all day as a judge was too much for his back from his prior injuries. As an attorney in practice he will have greater control over his day to day physical activity. 6 years in the same job is, these days, not considered short term.
 
  • #675
I have questions.
Judge Lama gave 90 days notice and his last day is July 25.

BM has a status conference on May 26 for case D82021CR85 ( Forgery , Mail Fraud and Attempting to Influence A Public Servant) .
Will Judge Lama preside on this case?

Also, what exactly happens at a status conference?
Is it just plea negotiations?
Could the case actually be resolved and a ruling made at this status conference?
If a ruling is made, is sentencing then scheduled for a different hearing ( usually 4-6 weeks later ) ?
 

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  • #676
I'm Late to the Lauren YouTube show, but, what a great panel that joined her and I'm still watching it but had to jump in here and say, I think Linda from It's a crime has been reading about the zoo here on WS. Lol
But seriously, it was a great show, IMO
 
  • #677
Very Interesting.
My first thought when I read the first tweet, resigning due to health, I figured he was done working or going to retire!!!

But he since he will be returning to private practice doesn't sound like retirement so now I wonder WTH is going on ??

Inquiring minds want to know !!!!!!!!!! :p

I think being a judge is super taxing. I wouldn’t want to do it.
 
  • #678
This is what I'm challenging.

Just because Iris said it, and just because the judge regurgitated it, IMO doesn't make it true.

Only truth makes it true.

Iris convinced the first judge that the Prosecution withheld DNA that was exculpatory. They did not and it was not.

Iris convinced the second judge that a dog picked up Suzanne's scent by the bike and followed it. Not true, not exculpatory.

IMO furthermore, neither interfered with Barry's right to a fair trial.

Never mind that the Prosecution no longer intended to call the handler as a witness. Paring down the 500. Pre-game decision not to call -- and all the handler would offer if called is that the dog never located Suzanne's scent -- no hidden evidence! That's bad for Barry! It doesn't exonerate him! It implicates him!

But Iris got the judge to smell the imaginary log.

Iris invented a livestream breach. Never happened. But the judge believed it, all but boxing out the public's right to be there and the media's ability to report on it.

Iris invented breaches by the DA. calling her remarks outrageous, prejudicial-- but 1. the DA made her remarks before any gag orders or admonitions and 2. she didn't say anything prejudicial! She indicated the fact that the defendant wasn't answering questions and sought an attorney. Fact. Beyond that, she wouldn't discuss particulars of the case. As we'd expect.

Iris is a magician.

JMO
Actually I believe the DA did not get discovery filing in by deadlines.
First warning was from Murphy who could have imposed greater penalty at the PH, but said it was a pattern yet.
 
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  • #679
I think being a judge is super taxing. I wouldn’t want to do it.

The past two years have had the added difficulty of working with the changes related to the pandemic (staffing shortages or accommodations to keep staff separated) and trying to balance public health concerns with defendants' rights to speedy trial.
 
  • #680
Continuing...

At least once, if memory serves me, Iris represented to the court that discovery was withheld when she already in fact had it.

Motion cyclone.

And didn't she whine that the Prosecution hadn't turned over the enhanced audio from the spy pen? They had the actual audio.

Follow any of her cases. She's following a script. It's noisy. But that doesn't make it true.

What is sad to me is that I am a solid supporter of a rigorous defense. A trial is supposed to be about the search for the truth. It's not supposed IMO to be a theatre of illusion.

JMO
MOO its lack of prep on DA's part. Not making deadlines. Everything in the E&N playbook is completely predictable, and available for strategic planning by studying the Tom Fallis case.

Remember this is my opinion only.
I don't like that this is what I think, I was hoping the DA was going to bring this together successfully.
But I don't see competence in the state's prep.
 
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