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

[MountainDad]

Charges coming soon for Barry. His lawsuit is dead on arrival. Preliminary hearing was bound over for trial, even with Cahills attempt at presenting misleading DNA analysis. He was justly arrested, and will be again.

 

[waldojabba]

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.

The fatal weakness of Barry’s case imo and what I believe the defense totally understood – is that there were so many things that pointed to him as being the killer.
One that stands out is when all her communication cease. Just after ole BM arrives back at the chateau that fateful day. No one ever hears from Suzanne again. That has always been one of the many clinchers for me.

She was a woman who stayed in touch with her kids and friend’s and yes, with her lover. ( Allow me to digress and mention how glad I am that she found joy with that lover and never had to witness what a coward he was after her murder).I am sure LE etc have looked at her pattern of communications over time - and I think they would be hard pressed to come up with an analogous day or night where there is NO interaction. We have gone over this fact many times so I won’t go on and on. BM’s made up reason is poppy .

Also to reconcile or think that Suzanne walked away as some type of clever “ruse” well, I would have to be willfully blind to all the evidence to the contrary, or plain and simple just ignore it. Nonsense. A woman with a port still in from cancer treatments imo is not going to run. She has already texted BM about divorce. She was ready to move on not leave the country. Texting BM about other houses. She was going to see her daughter through high school in Salida, but from a different home. It is all there in black and white. And to keep her off guard BM was seemingly playing along with her imo.

Suzanne’s fatal weakness was her trusting nature. I think she relied on her Mom for guidance and was at a loss without her counsel. I do believe she tried to reach out just before she was murdered – to her sister for one, but her sister iirc needed time to pray about it, so the urgency, if Suzanne felt any, was not adequately communicated.
It could be that Suzanne did not understood the immediate nature of what was afoot until that split second before her life ended. Killed by the guy who during her first cancer treatment had been her knight in shining armor.

I suspect the recognition of what was happening to her was not unlike the recognition that JFD had when Fotis Dulos
attacked he and killed her in her New Canaan garage after she dropped off their five young children at school.

These guys and others like them are truly the monsters that live among us. And there are far too many of them.
BM's day is coming.
ALL IMO

 

[Smelly Squirrel]

As someone said earlier about the other complaint I think, it just looks like a desperate, preemptive shot against an anticipated new prosecution. This lawsuit will go nowhere. It's absurd, it should not even make it to trial. If it does, I will personally be protesting outside everyday, I will be the unhinged screaming person seen on the twitters.

JMO!

 

[Seattle1]

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.

Calling on @NoSI and @GoJacks and any locals to make room on their calendars for hitting the US District Court (in Denver?) since the feds are really stingy about sharing trial info.

Courthouse Locations | US District Court of Colorado

 

[waldojabba]

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

Laughable IMO if it were not so twisted
The HUBRIS of both BM and his side kick IE will be their downfall IMO

 

[Seattle1]

Barry Morphew files $15 million federal lawsuit citing wrongful arrest - Denver Gazette

Barry Morphew Tuesday filed a $15,000,000 federal civil rights lawsuit which states that he was wrongfully arrested, jailed and prosecuted for the alleged murder of his wife, Suzanne, nearly two years ago, for “a crime he did not commit.” The lawsuit lists 20 defendants involved in the unsolved...

denvergazette.com

5/2/2023

[..]

The complaint alleges that Morphew was targeted by law enforcement as Suzanne Morphew's alleged murderer as early as May 13, 2020, around the time they found her bicycle helmet off to the side of the highway just under a mile from the couple's home.

The 185-page complaint was filed by three law firms: Samler and Whitson, Eytan Law and Fisher and Byrialsen. In a prepared statement, Attorney Jane Byrialsen said: "Barry Morphew's Constitutional Rights were trampled on, he and his daughters have suffered great harm, and we will not tolerate such abuses of power."

According to the complaint, investigators lied, omitted and manufactured information which would fit their theory that Barry Morphew murdered his wife in a fit of rage over the affair and hid her body sometime between the afternoon of May 9 into the early morning of May 10.

The Complaint goes after multiple officers personally and in their official capacities. State law enforcement organizations are also being sued.


The Colorado Bureau of Investigation said it would have no comment regarding the complaint and similarly, when contacted, the FBI said it "will not comment on pending litigation." A number of the investigative people named in the lawsuit did not return The Denver Gazette's request for comment.

Nearly two years ago, Chaffee County District Judge Patrick Murphy found probable cause for Morphew to be arrested on charges of first-degree murder, tampering with a deceased human body and tampering with physical evidence. Four months later, Murphy found probable cause for Morphew to stand trial on those charges.

Soon after, the 129-page arrest affidavit — which Murphy said was "by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases" — was unsealed. That day, the-then-53-year-old Morphew was released from jail on $500,000 cash bail and walked out of a Chaffee County courtroom flanked by both adult daughters.

In April 2022, on the eve of Morphew's trial, the prosecution filed a motion to dismiss the case without prejudice, meaning the case can be filed again.

[..]

 

[Seattle1]

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.

^^rsbm

The Complaint goes after multiple officers personally and in their official capacities. State law enforcement organizations are also being sued

Respectfully, the Enhance Law Enforcement Integrity Act capping the judgment award and/or settlement by Officers and Agents at a mere $25,000 completely misrepresents the true liability weighing on the heads and shoulders of any Officer, Agent, etc. ever named in a civil complaint pursuant to the Act.

Clearly, this doesn't take into account the unspoken costs and damages each defendent begins racking up from the moment they are served. And even if a defendent is dismissed from the suit-- they've already lost thousands just responding to the complaint -- let alone defending themselves.

I've not read the subject federal complaint by BM and/or seen it shared by any MSM or network yet so can't speak to whether or not the Act is even cited in BM's suit.

Regardless, it would be remiss to leave the reply implying the maximum liability is only a small, inconsequential $25,000, without clarification. MOO

 

[GoJacks]

<modsnip>

Hoping leo and prosecution get their together and refile charges *soon*

 

[Momofthreeboys]

Barry Morphew files lawsuit against prosecution, investigators alleging damages

A Colorado man once charged in the disappearance of his wife has filed a lawsuit against the prosecution and several others, alleging his civil rights were violated when he was prosecuted for a crime his attorney says he did not commit.

www.kktv.com

This link has the 185 page lawsuit document and is not behind a paywall. Lengthy but interesting read.

 

[Megnut]

Barry Morphew files lawsuit against prosecution, investigators alleging damages

A Colorado man once charged in the disappearance of his wife has filed a lawsuit against the prosecution and several others, alleging his civil rights were violated when he was prosecuted for a crime his attorney says he did not commit.

www.kktv.com

This link has the 185 page lawsuit document and is not behind a paywall. Lengthy but interesting read.

I reaaaaaally wish I had a 185# parakeet so I could line its cage with all 185 pages.

 

[Seattle1]

PDF copy here.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

https://www.kktv.com/2023/05/02/barry-morphew-files-lawsuit-against-chaffee-county-officials-cbi-fbi-alleging-damages/?fbclid=IwAR21kZLtMeLuKqg6d6Fgcp-hfuenzHflzOASEaDqMQunQS6GzmOOw4VFCGo&mibextid=Zxz2cZ#lh768nl4deza2xayst Federal Complaint by BM - Pdf...

www.websleuths.com

 

[Cindizzi]

PDF copy here.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

https://www.kktv.com/2023/05/02/barry-morphew-files-lawsuit-against-chaffee-county-officials-cbi-fbi-alleging-damages/?fbclid=IwAR21kZLtMeLuKqg6d6Fgcp-hfuenzHflzOASEaDqMQunQS6GzmOOw4VFCGo&mibextid=Zxz2cZ#lh768nl4deza2xayst Federal Complaint by BM - Pdf...

www.websleuths.com

Barry Did Not Blame A Chipmunk

are not words I expected to see in a $15 million lawsuit

 

[HongKongPhooey]

Barry Did Not Blame A Chipmunk

are not words I expected to see in a $15 million lawsuit

View attachment 419112

“Merely said…”

As you do

 

[k-mac]

well well well Bazza.

you can fake it.........

but you won't make it.

 

[Seattle1]

Man, do I love that BM's team already messed up Court Rules and Procedures by using an incorrect signature format, and noticed by the court of the Violation! See docket entry #2.

We all know that a simple procedural error like this by the prosecutor would have had IE all over this and ready to scream for sanctions to be imposed by the Court!

Karma has a long memory .... JMO

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

https://www.kktv.com/2023/05/02/barry-morphew-files-lawsuit-against-chaffee-county-officials-cbi-fbi-alleging-damages/?fbclid=IwAR21kZLtMeLuKqg6d6Fgcp-hfuenzHflzOASEaDqMQunQS6GzmOOw4VFCGo&mibextid=Zxz2cZ#lh768nl4deza2xayst Federal Complaint by BM - Pdf...

www.websleuths.com

 

[Smelly Squirrel]

Barry Did Not Blame A Chipmunk

are not words I expected to see in a $15 million lawsuit

View attachment 419112

Yeah, that's the ticket.

 

[FromGermany1]

Barry Morphew files $15 million federal lawsuit citing wrongful arrest - Denver Gazette

Barry Morphew Tuesday filed a $15,000,000 federal civil rights lawsuit which states that he was wrongfully arrested, jailed and prosecuted for the alleged murder of his wife, Suzanne, nearly two years ago, for “a crime he did not commit.” The lawsuit lists 20 defendants involved in the unsolved...

denvergazette.com

5/2/2023

[..]

The complaint alleges that Morphew was targeted by law enforcement as Suzanne Morphew's alleged murderer as early as May 13, 2020, around the time they found her bicycle helmet off to the side of the highway just under a mile from the couple's home.

The 185-page complaint was filed by three law firms: Samler and Whitson, Eytan Law and Fisher and Byrialsen. In a prepared statement, Attorney Jane Byrialsen said: "Barry Morphew's Constitutional Rights were trampled on, he and his daughters have suffered great harm, and we will not tolerate such abuses of power."

According to the complaint, investigators lied, omitted and manufactured information which would fit their theory that Barry Morphew murdered his wife in a fit of rage over the affair and hid her body sometime between the afternoon of May 9 into the early morning of May 10.

The Complaint goes after multiple officers personally and in their official capacities. State law enforcement organizations are also being sued.


The Colorado Bureau of Investigation said it would have no comment regarding the complaint and similarly, when contacted, the FBI said it "will not comment on pending litigation." A number of the investigative people named in the lawsuit did not return The Denver Gazette's request for comment.

Nearly two years ago, Chaffee County District Judge Patrick Murphy found probable cause for Morphew to be arrested on charges of first-degree murder, tampering with a deceased human body and tampering with physical evidence. Four months later, Murphy found probable cause for Morphew to stand trial on those charges.

Soon after, the 129-page arrest affidavit — which Murphy said was "by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases" — was unsealed. That day, the-then-53-year-old Morphew was released from jail on $500,000 cash bail and walked out of a Chaffee County courtroom flanked by both adult daughters.

In April 2022, on the eve of Morphew's trial, the prosecution filed a motion to dismiss the case without prejudice, meaning the case can be filed again.

[..]

At that time in 2021 Barry was first accused of attempted influencing of 7 or 8 police officers. I wonder, if these same officers or part of them are sued now .....

 

[FromGermany1]

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

IE should hire Barry as her weaponed bodyguard perhaps .....

 

[k-mac]

Bit surprised money hungry Bazza going down this road.

Gunna cost a lot of $$$$$$$$$$$$$ on a chance that odds are not positive.
But his legal team aren't gunna point that out now are they

 

[mrjitty]

The fatal weakness of Barry’s case imo and what I believe the defense totally understood – is that there were so many things that pointed to him as being the killer.
One that stands out is when all her communication cease. Just after ole BM arrives back at the chateau that fateful day. No one ever hears from Suzanne again. That has always been one of the many clinchers for me.

She was a woman who stayed in touch with her kids and friend’s and yes, with her lover. ( Allow me to digress and mention how glad I am that she found joy with that lover and never had to witness what a coward he was after her murder).I am sure LE etc have looked at her pattern of communications over time - and I think they would be hard pressed to come up with an analogous day or night where there is NO interaction. We have gone over this fact many times so I won’t go on and on. BM’s made up reason is poppy *advertiser censored*.

Also to reconcile or think that Suzanne walked away as some type of clever “ruse” well, I would have to be willfully blind to all the evidence to the contrary, or plain and simple just ignore it. Nonsense. A woman with a port still in from cancer treatments imo is not going to run. She has already texted BM about divorce. She was ready to move on not leave the country. Texting BM about other houses. She was going to see her daughter through high school in Salida, but from a different home. It is all there in black and white. And to keep her off guard BM was seemingly playing along with her imo.

Suzanne’s fatal weakness was her trusting nature. I think she relied on her Mom for guidance and was at a loss without her counsel. I do believe she tried to reach out just before she was murdered – to her sister for one, but her sister iirc needed time to pray about it, so the urgency, if Suzanne felt any, was not adequately communicated.
It could be that Suzanne did not understood the immediate nature of what was afoot until that split second before her life ended. Killed by the guy who during her first cancer treatment had been her knight in shining armor.

I suspect the recognition of what was happening to her was not unlike the recognition that JFD had when Fotis Dulos
attacked he and killed her in her New Canaan garage after she dropped off their five young children at school.

These guys and others like them are truly the monsters that live among us. And there are far too many of them.
BM's day is coming.
ALL IMO

I agree with all this but what I was getting is how I believe the prosecution should have structured the narrative in Court.

The case isn't really about chipmunks and tranquillisers, but boils down to a simple question of whether SM was really snoring in bed at 3am when BM claimed to last see her.

What causes us to believe she didn't live to see the dawn? A laundry list of inexplicable circumstantial evidence. We don't know how BM did it. But what we do know is he couldn't come up with a version that is possibly consistent with innocence.