Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #115

[SortaSleuthy]

SM's Date of Death. Evidence at Trial?

@SortaSleuthy
Not sure if I'm following ^ exactly. Let me rephrase.

Charges filed against def't allege that, on Sat or Sun def't injured victim, who died on Sat or Sun..
Is ^ post concluding that if prosecution's evidence show that vic. died on another day, say Fri or Mon, that prosecution faces a mistrial?

Or something else? Sorry if I am misunderstanding.
Heading to kitchen for coffee. : )

If the Defense presented conclusive evidence that she was NOT killed on Sat. OR Sun. the Defense would have two choices.

1. Since it was a stipulation, ask the judge for a mistrial.

2. Go for a Win, Continue and during the trial, each time the Prosecution presented evidence or drew a conclusion, the Defense would pose to the Jury “Is that what really happened or is this another Time of Death mistake where the prosecution doesn’t have its facts or analysis straight?

 

[HongKongPhooey]

Me too.

Waiting on a banner change

ARRESTED DEVELOPMENT

He's had time enough.

jmo

He’s already got that

JMO etc

 

[Momofthreeboys]

If the Defense presented conclusive evidence that she was NOT killed on Sat. OR Sun. the Defense would have two choices.

1. Since it was a stipulation, ask the judge for a mistrial.

2. Go for a Win, Continue and during the trial, each time the Prosecution presented evidence or drew a conclusion, the Defense would pose to the Jury “Is that what really happened or is this another Time of Death mistake where the prosecution doesn’t have its facts or analysis straight?

Honestly I don't get too wound up around alternative speculation now that's it's reared it's head again. If there is another trial is won't contain much speculation if any in my opinion.

 

[MassGuy]

More bad news for Barry:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

 

[justtrish]

More bad news for Barry:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

View attachment 570490

My heart was racing as I read your comment. Immediately thought this is it he's been arrested again. This is bad news for Barry though. I hope one day soon when I hope this thread there is the worst kind of news for him and he's been arrested again. It's coming up on 5 years. Suzanne deserves justice.

 

[MassGuy]

More bad news for Barry:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

View attachment 570490

 

[Megnut]

View attachment 570534View attachment 570535View attachment 570536View attachment 570537View attachment 570538

Ouch.

Swing and a miss.

These lawyers don't have wet ink on their law degrees. And yet they served up a heapin' plate (one plate) of nothing. And just got spanked.

Oh, Barry.

JMO

 

[Lyanna]

Ouch.

Swing and a miss.

These lawyers don't have wet ink on their law degrees. And yet they served up a heapin' plate (one plate) of nothing. And just got spanked.

Oh, Barry.

JMO

Enjoyed the little note at bottom of page 4. Another little spanking.

Moo

 

[fcavanaugh]

More bad news for Barry:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

View attachment 570490

Thanks for the update MG, very good to hear! Sorry, not sorry BM.

Tick tickety tock,
can’t wait for an arrest,
and seeing ‘ole BM,
standing in the dock!!

IMHOO

#JUSTICEFORSUZANNE

 

[Love Never Fails]

More bad news for Barry:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

View attachment 570490

Thanks. Good news.

 

[Tragg]

View attachment 570534View attachment 570535View attachment 570536View attachment 570537View attachment 570538

Thanks so much for your diligence in finding and sharing this!

A key point in Judge Domenico's rationale for denying Morphew's motions is that the plaintiff could file a new complaint. But as previous posts have pointed out, he filed his original complaint only two days before the two year statute of limitations would have barred it. Some have argued that the statute would now bar any new complaint on the same facts, but Judge Domenico seems to disagree.

Any thoughts on Morphew's options to file a new complaint? Would he do it after his appeal is exhausted, or would he do it sometime soon? Would the proposed amended complaint suffice, or would he have to come up with some new factual allegations? Would the statute of limitations play any role in the filing decision or the ultimate outcome?

Would a new civil complaint affect DA Kelly's decision to file a criminal case? Would she want to see what Morphew says under oath when he is deposed?

 

[Tragg]

Ouch.

Swing and a miss.

These lawyers don't have wet ink on their law degrees. And yet they served up a heapin' plate (one plate) of nothing. And just got spanked.

Oh, Barry.

JMO

I agree. These motions were very unlikely to succeed. I doubt that you will find any similar motions anywhere, and certainly no prior decisions addressing this issue. These attorneys knew that, for sure.

If the motions were intended to play into their appellate strategy, I'm at a loss to figure how. Maybe they're total geniuses but it doesn't look like it from what I see.

Total speculation here, but I bet the press to file these motions came from Morphew, who seems determined to attack the defendants by every conceivable means. He's the client, he's paying, it's your obligation to make every argument you can make in good faith if you're his attorney. You also know he'll sue you for malpractice if he loses and you haven't done what he wants.

 

[girlhasnoname]

I agree. These motions were very unlikely to succeed. I doubt that you will find any similar motions anywhere, and certainly no prior decisions addressing this issue. These attorneys knew that, for sure.

If the motions were intended to play into their appellate strategy, I'm at a loss to figure how. Maybe they're total geniuses but it doesn't look like it from what I see.

Total speculation here, but I bet the press to file these motions came from Morphew, who seems determined to attack the defendants by every conceivable means. He's the client, he's paying, it's your obligation to make every argument you can make in good faith if you're his attorney. You also know he'll sue you for malpractice if he loses and you haven't done what he wants.

IDK if BM can sue his lawyers for malpractice? I do know he could appeal using 'Ineffective Council'. Although with the bulldogs approach IE has shown on this case, I don't see that going anywhere.

JMO

 

[Tragg]

IDK if BM can sue his lawyers for malpractice? I do know he could appeal using 'Ineffective Council'. Although with the bulldogs approach IE has shown on this case, I don't see that going anywhere.

JMO

I agree that a traditional malpractice lawsuit would have no more chance than Morphew's civil claim. Literally. Even if his attorneys made professional mistakes, he would have to prove that this case would likely have succeeded but for those mistakes in order to recover from them $15 M for malpractice. The successful immunity defense would make that extremely unlikely.

But hear me out: my speculation is that Morphew's attorneys were surprised that Judge Domenico dismissed the case. They thought they had everything covered six ways from Sunday, but they failed to contest in the complaint's enumerated allegations the affidavit evidence the judge relied on to find that the complaint on its face - taking all the complaint allegations as true arguendo - would support a finding of probable cause. My guess, is the attorneys got lost in the voluminous details.

Now, they have no good faith evidentiary basis to contest the facts underlying Judge Domenico's ruling.

If this is true, I wonder whether they were lost in the details when they advised Morphew about his prospects of recovery in the civil case. If they were, their blindness could have been exacerbated by the euphoria at the end of the murder prosecution in the 11th Circuit.

If the attorneys advised him that he had a meritorious claim and that he could reasonably expect some kind of recovery including payment of his fees and costs, he might argue that a more realistic assessment would have led him to forego the civil claims. Morphew has spent a packet on this case, and he could demand that money back, arguing that he was mis-advised.

Just speculation about possibilities on my part. MMO

 

[girlhasnoname]

Come on let's get Barry rearrested by Mothers Day this year...please!

 

[Megnut]

Come on let's get Barry rearrested by Mothers Day this year...please!

It's not husband's day so perfect.

Maybe LE can nab him on a bike ride.

I never thought we'd be five years out without a fresh arrest.

But then I never thought her remains would be found. It's the one area where I overestimated Barry.

It's time for him to answer for what he's done. It's been time for a long time.

Suzanne deserves her day in Court.

JMO

 

[legalmomma]

I am seriously getting concerned there will be no arrest

 

[Cindizzi]

Disbarred DA Linda Stanley ordered to pay $300K+ to Fremont, Custer, & Chaffee Counties

KRDO News

Published Fri Mar 21, 2025 5:51 PM MDT

Updated Fri Mar 21, 2025 5:38 PM MDT





FREMONT COUNTY, Colo. (KRDO) - A judge has ordered former 11th Judicial District Attorney, Linda Stanley, to pay more than $300K in damages to Fremont, Custer, and Chaffee counties.



According to court documents, in total Stanley must reimburse these counties $307,264.23. According to a lawsuit obtained by KRDO13 Investigates. The three counties accused Stanley of using taxpayer money to pay her own legal fees in an ethics trial.



KRDO13 Investigates reached out to Linda Stanley following this ruling and she hung up on us.

[…]


Disbarred DA Linda Stanley ordered to pay $300K+ to Fremont, Custer, & Chaffee Counties
Disbarred DA Linda Stanley ordered to pay $300K+ to Fremont, Custer, & Chaffee Counties

 

[GOBliaison]

dbm...
... so as to relocate and compliment Cohort @Megnut 's #876, supra.,
while reflecting upon the travails of these years intervening.

​

 

[GOBliaison]

It's not husband's day so perfect.

Maybe LE can nab him on a bike ride.

I never thought we'd be five years out without a fresh arrest.

But then I never thought her remains would be found. It's the one area where I overestimated Barry.

It's time for him to answer for what he's done. It's been time for a long time.

Suzanne deserves her day in Court.

JMO

Alas, all this :
Yet while life and lives unfold:
- Societal urgency recedes, The Morphew Case being relegated to the inside pages;
- Resources diminish relative to multiplying demands;
- Earlier 'prospects' for juridical success mutate to 'hypotheses',
- and the practicability, vel non, of proceeding to trial becomes of paramount concern.

Walking free, IMO Barry holds all the cards he needs.

​