Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[kittythehare]

paywalled but not looking good

Colorado judge sanctions DA Linda Stanley’s office over pattern of widespread discovery violations

In a scathing 21-page order, Judge Kaitlin Turner listed 20 cases over the last two years in which prosecutors in DA Linda Stanley’s office have failed to turn over discovery information to d…

www.denverpost.com

 

[Seattle1]

paywalled but not looking good

Colorado judge sanctions DA Linda Stanley’s office over pattern of widespread discovery violations

In a scathing 21-page order, Judge Kaitlin Turner listed 20 cases over the last two years in which prosecutors in DA Linda Stanley’s office have failed to turn over discovery information to d…

www.denverpost.com

This is report is old news from last week where Judge Turner (LS former opponent) ruled to sanction the prosecution in the Tippet murder case for alleged discovery violations where Turner ordered the charges against the defendant dropped from 1st-degree to 2nd-degree murder as a sanction in a murder case not even 90 days old, and where no preliminary hearing has yet been held! (I remember when Iris made this same request of Judge Murphy on her very first appearance for BM after he fired his public defender. And Murphy responded by instructing IE on the true clock for discovery dates in his court versus IE's clock).

In this case (Tippet murder), the defense actually admitted in court that they had received 85% of the discovery. Clearly, in a confessed murder, there is no chance this could be a trial by ambush and Tippet's defense was not harmed to the degree of sanctions that don't fit the crime. In other words, deja vu of BM's case where Lama sanctioned the prosecution by blocking the majority of the prosecution's expert witnesses.

IMO, this action by the court could only happen in the 11th Judicial District where IE is leading the charge to ruin the careers of 7 prosecutors, public servants. This mean-spirited tactic in any other district would certainly backfire on IE if a larger, monied district. It's like IE held a class for defense lawyers in the 11th Judicial District on how to take a page out of her playbook. It could not be more obvious what is going on here and MSM is playing right into IE's hand, as expected. MOO

From OP's 4/10/23 quoted link:

In the Tippet murder case, prosecutors said the discovery violations were due to errors by support staff, changes in the prosecutors assigned to the case and poor communication with law enforcement agencies. The judge found high staff turnover and a lack of training and oversight contributed to the failures.

The district attorney’s office has been sanctioned in several cases, but the problems persisted, according to the order.

“Previously imposed sanctions have not proven effective in spurring the District Attorney to remedy its pattern of neglect,” the judge wrote.

Stanley did not return a request for comment Monday. She was elected in 2020 and took office in 2021 as the top prosecutor in the 11th Judicial District, which includes Chaffee, Custer, Fremont and Park counties.

[..]

One of the complaints against Stanley was brought to the Office of Attorney Regulation Counsel on March 29 by Iris Eytan, the defense attorney who represented Barry Morphew, the Chaffee County man accused of murdering his wife.

Eytan asked the office to investigate Stanley and six other prosecutors who worked the high-profile murder case, she said Monday. Yates would neither confirm nor deny that the office was investigating those six additional attorneys.

Morphew was charged in 2021 with first-degree murder in the death of his wife, Suzanne Morphew, who was reported missing from the family’s home on May 10, 2020. But prosecutors dropped all charges against Morphew last year after a judge sanctioned the district attorney’s office for discovery violations, at the time calling prosecutors’ behavior “negligent, bordering on reckless.”

Eytan declined to discuss the substance of her complaint Monday, aside from saying it was a lengthy filing. But she said she plans to discuss the allegations in more detail at a news conference next week.

“We all know the judicial system isn’t perfect, no one said it was,” Eytan said. “But we expect prosecutors to play fair. And they’re not.”

 

[kittythehare]

Over the last several weeks, 13 Investigates uncovered 33 separate criminal cases with allegations of discovery violations in them.

Of the 33 cases where the DA’s office violated Rule 16, 13 Investigates confirmed five were entirely dismissed. Those include two child sexual assault cases, a murder case, a child case, and a strangulation case.

11th Judicial District Attorney's Office prepares to appeal another sanction | KRDO

11th Judicial District Attorney's Office prepares to appeal another sanction

krdo.com

In a scathing 21-page order, Judge Kaitlin Turner listed 20 cases over the last two years in which prosecutors in Stanley’s office have failed to turn over discovery information to defense attorneys as required by law.

The judge then found a similar violation had occurred in the murder case before her and ordered that the first-degree murder charge against defendant Joseph Tippet be reduced to a second-degree murder charge as a sanction for prosecutors’ misconduct.

Colorado judge sanctions DA Linda Stanley’s office over pattern of widespread discovery violations

“The District Attorney’s pattern of neglect reveals an urgent and serious need for the District Attorney to modify its discovery practices.”

headtopics.com

!!!!!

 

[Momofthreeboys]

Interestingly enough this could boomerang on ole shifty Iris in a BIG way - IMO

Except she knows what the evidence is - or at least whatever they turned over. She was ready to go to trial. She was one of the first to call out LS...now there are more people reporting. If her motivation is more than getting a shifty prosecutor booted she would know the potential consequences of a different prosecutor. As far as a new trial, finding Suzanne will help alot - right now there is no body, no known murder weapon, no actual date or time of death, no forensic dna of Suzanne's somewhere it shouldn't be etc. etc. Anyone of those things would bolster a second attempt at a trial.

 

[Boxer]

Except she knows what the evidence is - or at least whatever they turned over. She was ready to go to trial. She was one of the first to call out LS...now there are more people reporting. If her motivation is more than getting a shifty prosecutor booted she would know the potential consequences of a different prosecutor. As far as a new trial, finding Suzanne will help alot - right now there is no body, no known murder weapon, no actual date or time of death, no forensic dna of Suzanne's somewhere it shouldn't be etc. etc. Anyone of those things would bolster a second attempt at a trial.

Waiting for snow to melt again.

 

[mrjitty]

From OP's 4/10/23 quoted link:

In the Tippet murder case, prosecutors said the discovery violations were due to errors by support staff, changes in the prosecutors assigned to the case and poor communication with law enforcement agencies. The judge found high staff turnover and a lack of training and oversight contributed to the failures.

RSBM

Interesting. I've speculated from the start that this was likely the source of the problems.

Bureaucratic incompetence means they lack the capabilities to comply in big cases

 

[Seattle1]

RSBM

Interesting. I've speculated from the start that this was likely the source of the problems.

Bureaucratic incompetence means they lack the capabilities to comply in big cases

And the ring leader IE promises a news conference next week!

 

[Megnut]

What's the saying? -- keep your friends close? Or is it your enemies? Or wait -- keep your defense attorney close?

I wonder if he whispered, you are Suzanne to me.

Morphew Murder Case Dismissed

(Cañon City)—In a move that stunned courtroom observers and the defendant himself, 11th Judicial District Attorney Linda Stanley filed a motion to dismiss all charges against 54 year old Barry

www.themountainmail.com

 

[MountainDad]

Failure by CCSO
Failure by DA
Failure by CBI
Failure by two judges
<modsnip - that's not what the article says>

Spezze launches investigation into sheriff’s office, Hall admits to alcohol-related arrests

Chaffee County Sheriff John Spezze said in a press release Friday that he recently became aware through social media that accusations were being made against the Chaffee County Sheriff’s Office

www.themountainmail.com

<modsnip - political statements are not allowed>

 

[Momofthreeboys]

Failure by CCSO
Failure by DA
Failure by CBI
Failure by two judges
<modsnip - that's not what the article says>

Spezze launches investigation into sheriff’s office, Hall admits to alcohol-related arrests

Chaffee County Sheriff John Spezze said in a press release Friday that he recently became aware through social media that accusations were being made against the Chaffee County Sheriff’s Office

www.themountainmail.com

<modsnip - political statements are not allowed>

There are quite a few cases that have been jeopardized. At this point, this one got dismissed and can potentially be tried again should evidence surface. Other cases the consequences have been been more severe for victims and the public.

 

[Trebor5591]

Except she knows what the evidence is - or at least whatever they turned over. She was ready to go to trial. She was one of the first to call out LS...now there are more people reporting. If her motivation is more than getting a shifty prosecutor booted she would know the potential consequences of a different prosecutor. As far as a new trial, finding Suzanne will help alot - right now there is no body, no known murder weapon, no actual date or time of death, no forensic dna of Suzanne's somewhere it shouldn't be etc. etc. Anyone of those things would bolster a second attempt at a trial.

I recall a year ago the DAs office announced they were close to finding SM's body--they were just waiting for the snow to melt. Whatever happened?

Suzanne Morphew's husband rearrested for her murder after her remains reveal presence of tranquilizer drugs

The latest grand jury indictment against Barry Morphew alleges new details that are surprising even to those who've been following the case since his wife Suzanne Morphew disappeared on Mother's Day 2020.

www.cbsnews.com

 

[CGray123]

Is it strong enough to get it back into court, I wonder?

Certainly! However, the prosecution needs to get its act together. Sadly, that's not happening. As far as the criminals in the 11th JD are concerned, Linda Stanley is the gift that keeps on giving.

Her elected predecessor, Molly Chilson, was brutally honest about what she could do with the resources provided, and incurred the political wrath of both county commissioners and local law enforcement. They didn't want to hear it.

Stanley postured as the tough on crime candidate, lying to the public by omission to the effect that you don't need additional resources to file and prosecute successfully. Stanley is now reaping what she sowed IMO.

The problem is not with the evidence: the prosecutor is the problem. MOO.

 

[CGray123]

I recall a year ago the DAs office announced they were close to finding SM's body--they were just waiting for the snow to melt. Whatever happened?

Suzanne Morphew's husband rearrested for her murder after her remains reveal presence of tranquilizer drugs

The latest grand jury indictment against Barry Morphew alleges new details that are surprising even to those who've been following the case since his wife Suzanne Morphew disappeared on Mother's Day 2020.

www.cbsnews.com

In high country, the time safely and effectively to search for a concealed body is measured in weeks. In resource-poor rural Colorado, the trained manpower to do the searching is limited. LE may have good intel where approximately SM is hidden, but searching, say, Pahlone Peak may take years given the limitations. I never expected otherwise.

 

[CGray123]

And the ring leader IE promises a news conference next week!

I confess that I don't like IE's "all in" approach to criminal defense. I think her arguments for sanctions in BM's case were - ahem - male bovine excrement (hereafter, MBE).

However, I would be remiss not to mention that IE is a respected member of the Colorado defense bar, where she has held many leadership positions. Her employment history shows that she has worked for highly respected defense firms. She isn't - to my mind at least - an evil, corrupt, and corrupting influence on justice in America. She's just a zealot for her clients. If my beloved friend was in serious criminal trouble, I would recommend IE.

And prosecutor mishandling of discovery is a longstanding issue in Colorado, as the Supreme Court's recent amendment to Rule 3.8 indicates. As judge Caitlin Turner said recently in imposing sanctions in one of LS's cases - to summarize: the consequence of administrative problems and financial limitations in the prosecutor's office should not fall on the individual accused, who is deprived of the information needed to defend himself. 'Nuff said IMO. LS need to get it together, and she hasn't despite abundant notice.

I can't excuse her.

 

[Lyanna]

Barry got REALLY lucky didn't he?

I hope that luck is running out faster than Suzanne's money.

And all the while Suzanne is being forgotten about, just like he wanted.

moo

 

[Momofthreeboys]

Barry got REALLY lucky didn't he?

I hope that luck is running out faster than Suzanne's money.

And all the while Suzanne is being forgotten about, just like he wanted.

moo

Barry did his research and hired a very good defense team. He benefited from the premature arrest, a speedy trial request with no delays, a disorganized prosecution and the CBI team saying they weren't ready for trial. It remains to be seen if any future prosecution team can pull together a case and get it to trial. There are legal hurdles in my opinion.

 

[Lyanna]

Barry did his research and hired a very good defense team. He benefited from the premature arrest, a speedy trial request with no delays, a disorganized prosecution and the CBI team saying they weren't ready for trial. It remains to be seen if any future prosecution team can pull together a case and get it to trial. There are legal hurdles in my opinion.

Doubt Barry did his own research for defense team, imagine that ghastly job was left to Suzanne's daughters, just another trauma to add to them.
Am of the opinion that unless research involved 'cute girls in salida' or 'Celeb Jihad' or 'how to tranq my wife and dispose of her body' then Barry didn't bother.

Agree there are legal hurdles, but think with the right prosecution team, Suzanne will have justice

Moo

 

[CGray123]

Agree with all the above.

I was disappointed the Judge with how the judge drew the lines, but as we never got the written reasoning to my knowledge, it is hard to comment on in detail.

Personally I think Judges should be slower to find prejudice merely by disclosing the victims own words IMO. Of course we can't cross examine the victim to find out what she meant, but it seems perverse that the jury cannot even know about what she said because 'someone' murdered her

There persists an idea that a 'normal level' of marital strife (AKA domestic abuse) doesn't prove anything because in 999 cases out of 1000 no one gets murdered. But in a case where the woman is murdered it is significant. I remember we discussed a study on this at the time of the pistorius trial (no way to find it so IMO) - i.e. where the woman is murdered e.g with a firearm you will almost always find redflags like domestic abuse, stalking etc

So essentially the judge entertained a logical fallacy - though the weight of precedent likely compels him to do so

We didn't get a copy of the judge's decision, but it was clear that he was applying a well established precedent intended to balance probative value against unfair prejudice. Here is my take at the time:

"... t seems clear [from the news report] that [Judge L] cited the four-part Spoto test as the basis for his ruling, and that the rationale for his exclusion of the evidence of BM's prior bad acts [applied] the fourth element of the test - the balance of probative value versus unfair prejudice.

Under the required analysis, [Judge L] can only reach this element if the proffered evidence meets all three of the prior tests, including number 3: that

"the logical relevance (of the proffered evidence) is independent of the intermediate inference, prohibited by CRE 404(b), that the defendant has a bad character, which would then be employed to suggest the probability that the defendant committed the crime charged because of the likelihood that he acted in conformity with his bad character."

If I am right about this (and I acknowledge that I may not be right), the judge has found the evidence material, relevant, and independent of an improper inference of bad character [the other three elements of the Spoto test].

Thus his sole basis for excluding the evidence is not mere prejudicial effect: all the prosecution's evidence has such an effect (we hope). It is unfair prejudice that results in the exclusion of evidence, whether under the Spoto test or CRCrimP 403.

'Unfair prejudice' means an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one. 'Unfair prejudice' may also arise from evidence or testimony that may be persuasive because of its strongly misleading or confusing nature.

...

I find it difficult to discern from the reporting whether Judge L's decision relates to the proposed expert testimony about DV and the sentence enhancement definition of DV, or whether it relates to the evidence of threats and other coercive behavior by BM, independent of those issues."

Judge L's written decision on this issue is not included among the documents linked on the 11th JD website. But it seems clear to me that Judge L found that it would be improper for a jury to infer from a few incidents of intrusive, controlling behavior, a single occasion where he "clipped' SM's nose, and the one suicidal gesture that BM was motivated to kill his wife and lacked the self-control to refrain. Also, that forensic expert testimony explaining SM's frame of mind in the circumstances would not, on balance, outweigh in probative value the likely emotional effect on the jury.

Assuming I'm correct in this speculation, I believe Judge L applied assumptions based on ignorant stereotypes. Because I have yet to see the prosecution's written request and justification for the forensic psychologist, I can't assess whether he ignored modern science in favor of his own prejudices against women.

ALL MOO.

 

[CGray123]

Barry got REALLY lucky didn't he?

I hope that luck is running out faster than Suzanne's money.

And all the while Suzanne is being forgotten about, just like he wanted.

moo

There are several Colorado criminal defense attorneys who would have done an effective job of defending BM, without the public drama and personal attacks. MOO.

 

[Boxer]

There are several Colorado criminal defense attorneys who would have done an effective job of defending BM, without the public drama and personal attacks. MOO.

Agree. IE is extremely aggressive.