Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #102

[Love Never Fails]

I agree, although this would have been easy for Barry to reasonably claim she told him that any number of days prior, as part of discussing her plan to watch the wedding online on Sunday.

However, I thought he initially claimed she usually rode in the mornings, which would definitely raise some suspicion since it conflicts with what others have said (daughter's bf, I think).

MOO

I don’t believe Barry even knew about the online wedding that Suzanne was to watch. I’m sure that threw a wrench into his alibi as well. He didn’t seem to really know Suzanne or her needs, nor did he care.

It was all about him keeping financial secrets from her and when she filed for divorce, that would blow his other life wide open.

 

[Momofthreeboys]

Ha! I guess the best defense is a big offense. When your defense is offensive.

Real misconduct, yes, we want accountability on both sides. Lawyers are supposed to be officers of the court, operating within the law. Seekers of truth.

This isn't that.

JMO

I don’t know that we know what the outcome would have been had prosecution appealed. I think they dismissed because there had been Brady violations and misconduct some of which we know from motions. If they refile they will need to try and get some of those sanctions over ruled I would think as settled law will follow to the new case.

 

[waldojabba]

According to Eytan, 30% of all wrongful convictions in the U.S. are caused by prosecutorial misconduct, and 70% of that misconduct involves prosecutors withholding evidence from the defense.

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Looks like Iris is still trying to gain some traction for her dead prosecutor accountability bill - the same blah blah - wings flapping. I would like to know though where she got the above quoted percentages - I have not heard those from her before - more of her hyperbole ?

 

[susiQ]

It seems Barry just wanted what he wanted and if Suzanne's desires fit in with his plan, then so be it, but if they didn't oh well. I'm sure he "allowed" her to go on these trips because he was off doing whatever he wanted to do. I've seen comments to suggest he couldn't be that controlling because she was going off to meet Jeff here and there. Well I have no doubt that her being "allowed" was somehow fitting in with some other plan of his. He likely used it over her head to say you get to go here and there.. just like he did with the house and her RR.. she had everything she could possibly want so why was she so unhappy..

RSBM
Yes, indeed. While he “allowed” Suzanne to go on trips, he was home doing what he wanted…..searching for young girls in Salida and scanning sites. What a prince….not.

 

[Seattle1]

Looks like Iris is still trying to gain some traction for her dead prosecutor accountability bill - the same blah blah - wings flapping. I would like to know though where she got the above quoted percentages - I have not heard those from her before - more of her hyperbole ?

Exactly. There's already accountability for DA's and prosecutors as evidenced in the 2011 Masters case cited above by @CGray123 .

For IE, this is about bleeding the qualified immunity ban (HB 20-217) to include state prosecutors in the civil money grab (i.e., where individuals and their families can file civil claims, naming certain civil servants personally liable for civil rights violations). MOO

CONCERNING MEASURES TO ENHANCE LAW ENFORCEMENT INTEGRITY, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION (i.e., the preface to Senate Bill 20-217),.... IMO, I don't see any expectation for the Attorney General to act pursuant to HB 20-217, but where this placeholder (i.e., Section 13) is simply being used to bleed the qualified immunity ban, very similar to how the Colorado legislature recently expanded the initial ban for "Peace Officers" to now include Highway Patrol troopers and Colorado Bureau of Investigation (CBI) officers. We know that IE is actively working to add Prosecutors to the list that can be held personally responsible for a money grab.

That's why Eytan said she's now launching a campaign to hold prosecutors more accountable, pushing for a new Colorado law that would allow defendants who are wrongfully prosecuted to sue prosecutors.
The idea is similar to the state's police accountability law that was enacted two years ago, which allows people to sue Colorado police officers for their actions on the job.

Prominent Denver defense lawyer pushes for statewide prosecutor accountability law

Barry Morphew's lawyer said "nothing ever happens to prosecutors'' who commit misconduct.

www.9news.com

 

[CGray123]

I don’t know that we know what the outcome would have been had prosecution appealed. I think they dismissed because there had been Brady violations and misconduct some of which we know from motions. If they refile they will need to try and get some of those sanctions over ruled I would think as settled law will follow to the new case.

I don't think the principle of issue preclusion known as "collateral estoppel" will have much effect on the admissibility of evidence in the new case when it is filed.

Exactly. There's already accountability for DA's and prosecutors as evidenced in the 2011 Masters case cited above by @CGray123 .

For IE, this is about bleeding the qualified immunity ban (HB 20-217) to include state prosecutors in the civil money grab (i.e., where individuals and their families can file civil claims, naming certain civil servants personally liable for civil rights violations). MOO



That's why Eytan said she's now launching a campaign to hold prosecutors more accountable, pushing for a new Colorado law that would allow defendants who are wrongfully prosecuted to sue prosecutors.
The idea is similar to the state's police accountability law that was enacted two years ago, which allows people to sue Colorado police officers for their actions on the job.

Prominent Denver defense lawyer pushes for statewide prosecutor accountability law

Barry Morphew's lawyer said "nothing ever happens to prosecutors'' who commit misconduct.

www.9news.com

I can't find a bill on this subject that was introduced in the 2021 session or the 2022 session of the Colorado General Assembly. I don't think IE got farther than a discussion with a favorable legislator.

The article says IE is trying to get her bill introduced in 2024 (!). With the "soft on crime" canard being a lynchpin of Republican hopes for the foreseeable future, I don't see any enthusiasm among Dems for antagonizing 20 important local officeholders (DAs) during the silly season.

Even if that were not a mountainous obstacle, BM is so obviously guilty he's a very poor poster child for the campaign.

 

[Momofthreeboys]

I can't find a bill on this subject that was introduced in the 2021 session or the 2022 session of the Colorado General Assembly. I don't think IE got farther than a discussion with a favorable legislator.

The article says IE is trying to get her bill introduced in 2024 (!). With the "soft on crime" canard being a lynchpin of Republican hopes for the foreseeable future, I don't see any enthusiasm among Dems for antagonizing 20 important local officeholders (DAs) during the silly season.

Even if that were not a mountainous obstacle, BM is so obviously guilty he's a very poor poster child for the campaign.

Are you saying you think they will overcome the misconduct and sanctions should there ever be a new trial?

 

[Spartygirl]

rsbm
If he is truly innocent we can presume that Barry and HIS daughters will be here for this front and centre .

Because thats what grieving innocent families do that are looking for answers and support from those that care in the community.
A beautiful thing to do in Suzannes memory.

imo

Thank you for sharing this.
I have alarm set for it

It will be very interesting to see if BM and daughters attend.
Actions speak louder than words, especially in this case.

 

[mainemom376]

Throughout this whole ordeal the daughters bother me the most. If they truly believe their father is innocent why are the not begging and pleading for help finding their mother? Why are they not out in the media making public pleas for information. Why isn’t Barry?? Come on. JMO

 

[mainemom376]

Thank you for sharing this.
I have alarm set for it

It will be very interesting to see if BM and daughters attend.
Actions speak louder than words, especially in this case.

Yes. They should be orchestrating it. JMO

 

[Seattle1]

I can't find a bill on this subject that was introduced in the 2021 session or the 2022 session of the Colorado General Assembly. I don't think IE got farther than a discussion with a favorable legislator.

^^rsbm
As stated earlier, I think Article 13 of the original bill banning qualified immunity, serves as the placeholder for all civil servants including prosecutors to eventually be included here (when the mood or climate favorable, or a champion such as IE surfaces). Take note that there was also no Bill introduced when the same Bill was recently expanded to specifically name/include state troopers and the Colorado Bureau of Investigation (CBI). JMO

 

[CGray123]

Are you saying you think they will overcome the misconduct and sanctions should there ever be a new trial?

I don't find a lot of precedent for use of this doctrine in the criminal context. However, for the doctrine to apply, the issues must be exactly the same, and they won't be if the prosecution does its job properly.

 

[Tumbleweed]

I agree, although this would have been easy for Barry to reasonably claim she told him that any number of days prior, as part of discussing her plan to watch the wedding online on Sunday.

However, I thought he initially claimed she usually rode in the mornings, which would definitely raise some suspicion since it conflicts with what others have said (daughter's bf, I think).

MOO

Yep, you are correct. Barry told LE that Suzanne usually rode her bike in the morning, which conflicted with what MM2 (IMO, since name was redacted) and JL told LE. Barry didn't seem to know the time of day that Suzanne usually rode, or the locations that she usually rode.

From page 5 of 129 of the AA: (Barry says)
Barry said that Suzanne "rides her bike regularly and usually leaves between 8:00 AM and 9:00 AM."

From page 19/129 of AA: (Barry says)
Barry stated that Suzanne typically wakes up and has coffee. She reads her Bible and emails. She then rides her mountain bike around their neighborhood and then does other things around the house, On occasion, Suzanne rode the Methodist Trails area.

From page 16 of 129: (JL says)
Suzanne put her bike in her car on her way to the trail heads and did not often ride in her own neighborhood. She normally rode in the evening for about half an hour or forty minutes.

From page 6/129 of AA: (presumably daughter says)
Barry asked <retracted> to let him know if she was later able to reach Suzanne.
<Retracted> stated that Suzanne mountain-bikes regularly during the afternoon hours, often using a wide trail across the highway.

MM2's boyfriend says:
MM2's boyfriend made it clear that he thought it absurd that Suzanne would have been riding her bike in the area from where it was recovered in the police body cam videos. I don't believe he stated what time of day that SM usually rode, IMO.

AA link
Body Cam videos link

 

[Trebor5591]

Because she’s hoping to get Barry a monetary settlement so that he can pay her more when this actually goes to trial. Because she knows he killed Suzanne. And she knows that this deserves to go to trial and that she can get paid a lot more along with a lot more national publicity.

If you actually think she’s doing this as some kind of righteous crusade for Innocent Barry the Falsely Accused then you haven’t been following closely enough.

I've paid attention and I have felt from the beginning that there was not enough evidence to convict BM. Saying that "she knows he killed Suzanne" and " she’s hoping to get Barry a monetary settlement so that he can pay her more" seems reckless to me, IMO.

 

[PaulaDC]

Pretty routine for landscaping to occur on Sundays here. In fact I had my palm trees trimmed this past Sunday morning.

Florida is the right to work for nothing state. No unions here. No comparison to Colorado. moo

 

[Charlot123]

She seems pretty manic, and highly unpleasant unless she ia your lawyer getting you free.
She sets her work goals high and commits to seeing them through what ever work it takes.

Don’t know about unpleasant, but the difference between highly successful people and not successful ones is that in successful people, the periods of hypomania (high energy) last much, much longer than the depressive ones. JMO. Overall, I see Iris as an independent woman, and a good example to modern generation. For this reason only is so sad that her and Dru’s clientele…don’t match these strong, smart women. These lawyers command respect, people like BM, not at all; KK, who, having washed the bloody room, stopped at a fast-food place, is nauseating.

 

[Lyanna]

She seems pretty manic, and highly unpleasant unless she ia your lawyer getting you free.
She sets her work goals high and commits to seeing them through what ever work it takes.

Don't you think she has double standards though?
Talks about prosecutorial misconduct, yes there were errors made - but Iris wasn't exactly a Saint herself now was she? Embellishing plenty about the DNA, at one point victim blaming ( jmo )
She played dirty.
Her job was to defend Barry, ensure he received a fair trial and was treated fairly and his rights were protected - yet she muddied the waters with lies and smoke screens, overstepped the boundaries - isn't that a form of misconduct too? Isn't the court about finding the truth and seeking justice. Personally didn't feel she was looking for the truth, which could have helped Barry if he was innocent - probably because the truth is Barry murdered Suzanne, and Iris knows it, all she was left with was spinning the room, and she did that, and inappropriately too imo.
IANAL and am quite naive on these matters so quite likely wrong, but that's how I feel about it.

 

[Boxer]

Don't you think she has double standards though?
Talks about prosecutorial misconduct, yes there were errors made - but Iris wasn't exactly a Saint herself now was she? Embellishing plenty about the DNA, at one point victim blaming ( jmo )
She played dirty.
Her job was to defend Barry, ensure he received a fair trial and was treated fairly and his rights were protected - yet she muddied the waters with lies and smoke screens, overstepped the boundaries - isn't that a form of misconduct too? Isn't the court about finding the truth and seeking justice. Personally didn't feel she was looking for the truth, which could have helped Barry if he was innocent - probably because the truth is Barry murdered Suzanne, and Iris knows it, all she was left with was spinning the room, and she did that, and inappropriately too imo.
IANAL and am quite naive on these matters so quite likely wrong, but that's how I feel about it.

MOO IE is just (vigorously) following the defense game plan taught at law school.
1 Undemine witnesses
2 Supress evidence
3 Present an alternative theory

MOO Prosecution should have been ready for these tactics.

 

[mrjitty]

I think when we are talking about a an adult missing person, just having a person not answering their phone isn't really urgent. There would be no urgent rush to go looking for Suzanne if people just couldn't get ahold of her for less than 24 hours with no other factors like needing medication, they were on their way to X place and didn't show up, etc. So because she was "home alone" that day, her not returning from a bike ride in the mountains of Colorado seems a little more urgent like SAR would get right out there by evening on a day she was going to watch her friends daughters wedding and didn't show and hasn't been talked too. I think the bike ride created the need to search immediately, which Barry wanted so he could be out of town with nothing to do with it and rush back to search.

This is where he didn't act in character.

He should have entertained the possibility she had snuck off with her lover while he was out of town.

It's the most obvious thing - at least until the bike was found. The fact that he didn't mention this to LE is highly incriminating.

 

[mrjitty]

I don't find a lot of precedent for use of this doctrine in the criminal context. However, for the doctrine to apply, the issues must be exactly the same, and they won't be if the prosecution does its job properly.

It's already possible the issues would not be the same given expert analysis since the prelim, I guess?

IMO 2 things are broadly important

1. The prosecution must come back with clean hands to avoid allegations of judge shopping

2. If the core of the expert evidence is once more excluded the prosecution will obviously appeal. If it isn't excluded, the defence will obviously appeal.

So IMO this will end up before the appeal court either way?