Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

[Megnut]

Let's face it. If IE had legitimate means to defend BM against murder charges, she would have.

She knew it was a solid case. Her antics prove it.

Jmo

 

[Momofthreeboys]

Let's face it. If IE had legitimate means to defend BM against murder charges, she would have.

She knew it was a solid case. Her antics prove it.

Jmo

Or from discovery she knew it was a potentially winnable case. I am not as personally convinced as some here that prosecution had a solid winnable case.

 

[crhedBngr]

Or from discovery she knew it was a potentially winnable case. I am not as personally convinced as some here that prosecution had a solid winnable case.

The AA, IMO, has pretty solid evidence.

21cr78 Morphew Redacted Affidavit.pdf

 

[Seattle1]

Or from discovery she knew it was a potentially winnable case. I am not as personally convinced as some here that prosecution had a solid winnable case.

Seems you're not alone. However, many a defendant sharing the belief "no body, no crime" were convicted of Murder-1. Just ask Colorado's Frazzee and Lucas that will die in DOC.

Curious -- is it you don't believe SM is deceased or that SODDI?

 

[Momofthreeboys]

Seems you're not alone. However, many a defendant sharing the belief "no body, no crime" were convicted of Murder-1. Just ask Colorado's Frazzee and Lucas that will die in DOC.

Curious -- is it you don't believe SM is deceased or that SODDI?

I assume she is deceased but without a weapon, without a body, with a vague sense of time gone missing and with her speculation about Equador it’s a problem for prosecution at trial in my opinion. If it is truthful that she had personal bank accounts and I don’t know that is revealed fact or social media fiction, if true adds to the prosecution hurdle.

 

[Lyanna]

3 years nearly. Wanted to wish Suzanne a happy birthday yesterday but she's not here to celebrate it, not here to speak to her daughters, her siblings/family or her friends - what was the point? To make me feel better? To remember her? don't think I will ever forget Suzanne Renee Moorman (Morphew) - she joins the incredibly long list of missing murdered people who wanted a better, brighter and happier future without their abusive partners/spouses (moo)

1086 days missing. They weren't looking for proof of life, they were confirming proof of death. They knew Barry's story was hogwash from the start - jmo.

Iris can squawk for the next 1086 days about ethical prosecutors or whatever she is banging on about, it doesn't change anything - Barry MURDERED Suzanne. Barry is inhuman too me, but Iris is just as bad in her words and actions - she is using a murderer and his situation for her own benefit, Suzanne is lost in all this crap, forgotten about and now it's about Barry and how prosecutors/FBI/CBI persectued him and how Iris wants to make a change - cry me a river Iris, i imagine Barry persecuted Suzanne on a daily basis, pretty sure Suzanne's own words confirmed that - but what does that matter. And to make a change, advocate for the Suzanne's of this world and not the Barry's
I don't care that Barry can't play with weapons, last time he did, it was to either shoot 85 chipmunks or tranq Suzanne then kill her, don't care that Barry had to wear ankle jewellery, couldn't give a monkeys that he isn't allowed contact with certain people and how that may bother him in some way - Barry roaming freely around Denver and living life the way he always had makes me want to scream. He shouldn't be there, he should be paying for what he's done, but yet again, money pays and money pays good, also pays for someone to use you for their own agenda.
IAMNAL, really wouldn't want to be one - the "politics" of it, takes away what it should stand for but that is jm not so clever opinion.
AND for the love of all things good in this world can a "concerned citizen" of Colorado file a complaint about Iris and her "egregious" abuse of the truth?? PLEASE!

moo

 

[Seattle1]

A good summary of the criteria necessary to succeed in a civil claim for prosecutorial misconduct:

Colorado Sex Crime Charges Dismissed – Now Can I Sue The District Attorney? – Malicious Prosecution Suits

Colorado Sex Crime Charges Dismissed - Now Can I Sue The District Attorney? - Malicious Prosecution Suits By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer - Attorney Colorado [...]

www.colorado-sex-crimes-lawyer.com

 

[mrjitty]

Let's face it. If IE had legitimate means to defend BM against murder charges, she would have.

She knew it was a solid case. Her antics prove it.

Jmo

IMO the fatal weakness of the defence case was BMs own testimony about SM being in bed snoring when he left around 3am.

Even if we can't be sure of the exact time of her death, it is beyond obvious she was not alive at 3 let alone the next day.

Hence the importance of getting as much evidence tossed as possible to create space for some other possibility.

 

[MountainDad]

It's a witch hunt. There is no evidence. The other side is cheating. Old barry getting his inspiration from failed politicians.

Just a matter of time before charges are filed. Can't use the fake DNA again. Shoshona can't trespass again, to judge shop. Barry must face the evidence at some point. Wonder if a jury would think she ran off to equador, staged a bike ride, and set barry up with a fake alibi? I don't think so.

 

[CGray123]

A good summary of the criteria necessary to succeed in a civil claim for prosecutorial misconduct:

Colorado Sex Crime Charges Dismissed – Now Can I Sue The District Attorney? – Malicious Prosecution Suits

Colorado Sex Crime Charges Dismissed - Now Can I Sue The District Attorney? - Malicious Prosecution Suits By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer - Attorney Colorado [...]

www.colorado-sex-crimes-lawyer.com

As usual on the Steinberg site, an excellent summary of a complex area of law. The key quote IMO: "If a not guilty verdict was the reason for the dismissal but a Judge found probable case – the case becomes much more difficult, if not impossible to make."

Steinberg notes accurately that most malicious prosecution lawsuits are filed in federal court as "constitutional tort" claims under Section 1983 of the Civil Rights Act of 1964, for violations of Due Process under the Fourth and Fourteenth Amendments, and that prosecutors have absolute immunity for "advocative functions" like filing the case and arguing issues to the court and the jury. BM's notice of claim argues claims based on the prosecutors' administrative and investigative functions, for which they have only qualified immunity. However, even the lower level immunity is tough to overcome for BM in light of Judge M's finding of probable cause and Judge L's finding that the discovery violations that led to his evidentiary sanctions were not deliberate.

IE's public advocacy cannot affect these claims. She seeks to create a state law malicious prosecution claim that modifies the Colorado Governmental Immunity Act to eliminate immunity for prosecutors. That's a faint hope IMO, but we'll see next year if she has found any legislative takers.

 

[scapa]

Not up to me to determine Barry’s guilt or innocent. That is the justice systems job. He is without doubt a prime suspect. I have no idea if SM is deceased. I assume so but again there is very little evidence that she is deceased right now.

The bolded surprises me.

I'm a bit late to the game on this one, but in a common-sense account of this case, in the context of similar missing-person cases, wouldn't this claim ordinarily be phrased in the converse? What percentage of missing persons with notably low-risk lifestyles and with close family connections have gone missing for years and have then reappeared alive and well?

Given that context, I'd argue that there's very little -- let's say near zero -- evidence that SM is alive right now.

At the same time, given what we have learned about similar cases and about intimate partner violence generally, there is plenty of evidence that BM is the cause of SM not being alive right now.

I think it's perfectly reasonable to discuss the ins and outs of the case and of the prosecution and defence's conduct and competence but at this point the available evidence, both specific and criminal-historical, strongly suggest that SM is not alive.

BM has his freedom, for now at least. I'm not sure that a civil suit is going to help him keep it. I sure hope not, anyway.

 

[Seattle1]

As usual on the Steinberg site, an excellent summary of a complex area of law. The key quote IMO: "If a not guilty verdict was the reason for the dismissal but a Judge found probable case – the case becomes much more difficult, if not impossible to make."

Steinberg notes accurately that most malicious prosecution lawsuits are filed in federal court as "constitutional tort" claims under Section 1983 of the Civil Rights Act of 1964, for violations of Due Process under the Fourth and Fourteenth Amendments, and that prosecutors have absolute immunity for "advocative functions" like filing the case and arguing issues to the court and the jury. BM's notice of claim argues claims based on the prosecutors' administrative and investigative functions, for which they have only qualified immunity. However, even the lower level immunity is tough to overcome for BM in light of Judge M's finding of probable cause and Judge L's finding that the discovery violations that led to his evidentiary sanctions were not deliberate.

IE's public advocacy cannot affect these claims. She seeks to create a state law malicious prosecution claim that modifies the Colorado Governmental Immunity Act to eliminate immunity for prosecutors. That's a faint hope IMO, but we'll see next year if she has found any legislative takers.

IMO, IE's defense work is probably going to gradually take a back seat to her new pursuit of filing claims for civil rights violations pursuant to the ban on qualified immunity in Colorado, and she'll use her new venture "Protect Ethical Prosecutors" (PEP) as the vessel to promote and manage the pipeline.

The standard of proof for civil claims will be a walk in the park for the experienced criminal defense litigator-- and soon becomes an easy wash, rinse, and repeat law practice.

Viewing IE's new website, the home page is like a shrine to BM.

Also, I'd never seen the October 2022 interview she gave to 9 News that's linked on her website after contacting them to make public the OARC "concerned citizen" complaint against LS, and tell how she was interviewed by OARC as a witness and gave them documents, videos, and transcripts.

I found it all classic prep by IE for her own later complaint: Use a citizen complaint to test the water -- fish the (OARC) Investigator. Kind of like fishing the State's DNA witness on the eve of the hearing to try out the preliminary hearing waters.

I dunno. Just something creepy about gunning for the law licenses of state prosecutors, never convicted of violating any state statutes governing criminal procedures in your case, but might be weak or come up short in organizational skills. MOO

Colorado Attorneys/Admission Dates IE seeks disbarred:

*LINDA STANLEY, #45298 - 10/20/2012
JEFF LINDSEY, #24664 - 10/14/1994
MARK HURLBERT, #24606 - 10/14/1994
AARON PEMBELETON, #53924 - 10/21/2019
DAN EDWARDS, #7938 - 5/17/1977
BOB WEINER, #21572 - 7/1/1992
GRANT GROSEGEBAUER, #50229 - 10/27/2016

*Disciplinary History 5/2019 - Public Censure

Attorney / LLP Search & Disciplinary History - Colorado Supreme Court

Use this service to research a LLP or an attorney's status and disciplinary history. An attorney / LLP must have a status of "active" and in good standing in

coloradosupremecourt.com

Home - Eytan Law

eytanlawfirm.com

 

[CGray123]

IMO, IE's defense work is probably going to gradually take a back seat to her new pursuit of filing claims for civil rights violations pursuant to the ban on qualified immunity in Colorado, and she'll use her new venture "Protect Ethical Prosecutors" (PEP) as the vessel to promote and manage the pipeline.

The standard of proof for civil claims will be a walk in the park for the experienced criminal defense litigator-- and soon becomes an easy wash, rinse, and repeat law practice.

Viewing IE's new website, the home page is like a shrine to BM.

Also, I'd never seen the October 2022 interview she gave to 9 News that's linked on her website after contacting them to make public the OARC "concerned citizen" complaint against LS, and tell how she was interviewed by OARC as a witness and gave them documents, videos, and transcripts.

I found it all classic prep by IE for her own later complaint: Use a citizen complaint to test the water -- fish the (OARC) Investigator. Kind of like fishing the State's DNA witness on the eve of the hearing to try out the preliminary hearing waters.

I dunno. Just something creepy about gunning for the law licenses of state prosecutors, never convicted of violating any state statutes governing criminal procedures in your case, but might be weak or come up short in organizational skills. MOO

Colorado Attorneys/Admission Dates IE seeks disbarred:

*LINDA STANLEY, #45298 - 10/20/2012
JEFF LINDSEY, #24664 - 10/14/1994
MARK HURLBERT, #24606 - 10/14/1994
AARON PEMBELETON, #53924 - 10/21/2019
DAN EDWARDS, #7938 - 5/17/1977
BOB WEINER, #21572 - 7/1/1992
GRANT GROSEGEBAUER, #50229 - 10/27/2016

*Disciplinary History 5/2019 - Public Censure

Attorney / LLP Search & Disciplinary History - Colorado Supreme Court

Use this service to research a LLP or an attorney's status and disciplinary history. An attorney / LLP must have a status of "active" and in good standing in

coloradosupremecourt.com

Home - Eytan Law

eytanlawfirm.com

The law to which you refer, the Enhance Law Enforcement Integrity Act, calls for collection of data and annual reports beginning this July, so we will begin to get a data-based picture of the effects of the law's partial abrogation of government immunity over time. IMO, both the potential liability of a peace officer under the law and the likelihood of any personal liability is also small.

You may be right, though - the potential to recover legal fees for even the smallest positive result is very good.

Currently, the waiver of immunity applies only to peace officers (defined by statute), so it will not work against the prosecutors and many of the other officials BM wants to sue, and the limit on damages ($25,000) isn't nearly enough to recoup BM's legal fees.

IE may find a legislator who is willing to add prosecutors and their investigators, administrators, and if the law is expanded in this way it may give her another tool to go after LS and Co, and - perhaps more importantly - to maintain the intimidation effect that protects BM from a future prosecution.

 

[MassGuy]

Best of luck, you evil wife killer. What gall.

https://twitter.com/x/status/1653514255638106114

 

[Cindizzi]

https://twitter.com/x/status/1653518253745143808

 

[Lyanna]

Of course it's ALL about Barry and his flying monkey lawyer.
Doesn't organize or show his face at a search event for Suzanne since his release, but when it comes to money and poor ickle Bare being mistreated, there he is!

Moo

 

[Seattle1]

The law to which you refer, the Enhance Law Enforcement Integrity Act, calls for collection of data and annual reports beginning this July, so we will begin to get a data-based picture of the effects of the law's partial abrogation of government immunity over time. IMO, both the potential liability of a peace officer under the law and the likelihood of any personal liability is also small.

You may be right, though - the potential to recover legal fees for even the smallest positive result is very good.

Currently, the waiver of immunity applies only to peace officers (defined by statute), so it will not work against the prosecutors and many of the other officials BM wants to sue, and the limit on damages ($25,000) isn't nearly enough to recoup BM's legal fees.

IE may find a legislator who is willing to add prosecutors and their investigators, administrators, and if the law is expanded in this way it may give her another tool to go after LS and Co, and - perhaps more importantly - to maintain the intimidation effect that protects BM from a future prosecution.

There is no need for BM to wait on the collection of statistical data!

The civil suit has already been filed here and plaintiffs include the Sheriff's Office, CBI Agents, and others impacted by the ban on qualified immunity.

Barry Morphew seeks $15 million in lawsuit over his arrest, prosecution for missing wife’s murder

Barry Morphew claims in the 185-page complaint that authorities conspired to wrongly arrest him, fabricated evidence, concealed exculpatory evidence and conducted a reckless investigation that led …

www.denverpost.com

5/2/2023

The Colorado man once accused of killing his missing wife filed a federal civil rights lawsuit Tuesday alleging the now-dropped criminal prosecution violated his constitutional rights.

Barry Morphew, 55, is seeking $15 million for what he says was a malicious criminal prosecution in his wife’s disappearance. He is suing Chaffee County, the sheriff’s office and board of commissioners, 11th Judicial District Attorney Linda Stanley and members of her staff, as well as Colorado Bureau of Investigation and FBI agents.

[..]

The lawsuit follows a professional complaint that his attorney, Iris Eytan, lodged last month against Stanley and several members of her office in which Eytan accused the prosecutors of misconduct and unethical behavior during the murder case.

“Barry suffered the indignity of being wrongfully arrested, jailed and prosecuted for a crime he did not commit,” Eytan said in a statement Tuesday. “We will not rest until those responsible for this miscarriage of justice are held accountable.”

 

[Lyanna]

Barry Morphew seeks $15 million in lawsuit over his arrest, prosecution for missing wife’s murder

Barry Morphew claims in the 185-page complaint that authorities conspired to wrongly arrest him, fabricated evidence, concealed exculpatory evidence and conducted a reckless investigation that led …

www.canoncitydailyrecord.com

 

[CGray123]

https://twitter.com/x/status/1653518253745143808

I hope the county, the district, and the state defend this case all the way through trial. If they do it should be very interesting!

Sounds like LS and her team are mounting a full throated defense of the professional standards complaints, too. All good.

This case is where IE and BM will get their comeuppance, if ever they do.

 

[CGray123]

There is no need for BM to wait on the collection of statistical data!

The civil suit has already been filed here and plaintiffs include the Sheriff's Office, CBI Agents, and others impacted by the ban on qualified immunity.

Barry Morphew seeks $15 million in lawsuit over his arrest, prosecution for missing wife’s murder

Barry Morphew claims in the 185-page complaint that authorities conspired to wrongly arrest him, fabricated evidence, concealed exculpatory evidence and conducted a reckless investigation that led …

www.denverpost.com

5/2/2023

The Colorado man once accused of killing his missing wife filed a federal civil rights lawsuit Tuesday alleging the now-dropped criminal prosecution violated his constitutional rights.

Barry Morphew, 55, is seeking $15 million for what he says was a malicious criminal prosecution in his wife’s disappearance. He is suing Chaffee County, the sheriff’s office and board of commissioners, 11th Judicial District Attorney Linda Stanley and members of her staff, as well as Colorado Bureau of Investigation and FBI agents.

[..]

The lawsuit follows a professional complaint that his attorney, Iris Eytan, lodged last month against Stanley and several members of her office in which Eytan accused the prosecutors of misconduct and unethical behavior during the murder case.

“Barry suffered the indignity of being wrongfully arrested, jailed and prosecuted for a crime he did not commit,” Eytan said in a statement Tuesday. “We will not rest until those responsible for this miscarriage of justice are held accountable.”

As we know, anyone can file a lawsuit and make a claim. IE only days ago told us it is too difficult to sue public officials! But, it will be interesting as the case proceeds. IE will be sure to let the press in on every development, I am sure.