fcavanaugh
#ShineBrightForSuzanne
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- Mar 20, 2018
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DBM. messed up Quote.
Sideshow was my word, maybe circus would have been better?With much respect for the members previously posting and with shared feelings that justice has been unduly delayed, I would say:
The prosecutorial malfeasance and misconduct that led to dismissal of the case against Barry Morphew and disciplinary action against members of the 11th Judicial District Attorney's Office is not a sideshow. It's a central part of the story why Suzanne has not had justice.
It is important and healthy that disciplinary action has been taken against the public officials responsible for that misconduct, by the agencies responsible for regulating professional misbehavior.
It seems necessary to parse Morphew's civil claims against prosecutors and investigators, in order to show the public that they are fallacious and deceitful allegations, and to satisfy those who inquire here that the defense of immunity has not yielded an unjust result in the civil case.
If more evidence is needed to demonstrate that Linda Stanley lacked the integrity to serve as a prosecutor let alone an elected official, three counties successfully sued her in civil court for criminal theft of taxpayer funds. She and her friends should be grateful that she didn't face criminal charges. Instead it seems, some think it's enough punishment that she's been disbarred.
My understanding is that Stanley's chief argument to the CSC is that the presiding judge on the disciplinary hearing panel in her case worked as an OARC staff member during the successful prosecution of her previous public censure case. She argues that he was "one of the team" of OARC prosecutors in that case, but it is unclear from the information available what role, if any, he played in that case and whether it would call into question his ability to be impartial in the disbarment proceeding. Also, there is nothing in the public record to suggest that Stanley raised it to the panel during the disciplinary proceedings, which is usually a prerequisite to appellate jurisdiction.
In any event, it seems unlikely that Stanley will be exonerated. The panel found unanimously that she had violated the rules of professional conduct, based on substantial evidence including the expert testimony of a well respected former Colorado Attorney General. The lone dissent from the majority decision argued only that a lengthy suspension from practice would have been her preferred sanction. In the circumstances, the civil judgment against Stanley is likely to stand - contrary to the speculation in some news coverage.
Again, this is not a sideshow. Barry Morphew is a free man today because the people of the 11th District knowingly elected an unethical incompetent to public office, and that story deserves to be told.
We still don't know how he initially incapacitated her. It could have been a blow to the head or choking her out at first. At which point the tranq dart may have been used to keep her under control while he figured out what to do next & the drove her out to the middle of nowhere to dispose of her.The BAM injection is such an intentional act that would need to be prepared. One would have to locate the vial, draw the tranquilizer into the syringe, find their victim and inject them with the loaded syringe.
I agree. If you stop and think about it it was said that when Suzanne and Barry had fights Barry would leave. His action and words (I'll jump out of the car) tell me "leaving" was his way of getting out of fights. But perhaps this time he didn't leave what if this time he was so enraged his brain didn't remove himself from the situation. We may never know but it's always been a thought of mine,Honestly, I don't think he planned to murder her at all. I never did think it was premeditated. I think it was a spur of the moment rage/jealousy thing & she ended up dead. From all the evidence that's come to light, that's when he started making all his stupid plans, the wall-alibi, etc.
All the side show crap since, has just delayed justice, but justice IS coming.
jmo
I’m not sure about this personally but appreciate we may all have different interpretations.I agree. If you stop and think about it it was said that when Suzanne and Barry had fights Barry would leave. His action and words (I'll jump out of the car) tell me "leaving" was his way of getting out of fights. But perhaps this time he didn't leave what if this time he was so enraged his brain didn't remove himself from the situation. We may never know but it's always been a thought of mine,
Nooooo, @Kemug, it's coming. Plus we need your expertise as the Ring Master in our circus of crazy.I am losing faith that Barry will ever get his just desserts. It seems so wrong that LS has been punished more than he has.
This is worthy speculation, although to me, Morphew's associated actions in advance to set up an alibi suggest both intent and deliberation.We still don't know how he initially incapacitated her. It could have been a blow to the head or choking her out at first. At which point the tranq dart may have been used to keep her under control while he figured out what to do next & the drove her out to the middle of nowhere to dispose of her.
He knew exactly where he stored it and most likely it wouldn't have taken that much time at all considering he was quite familiar with the drug & knew exactly what it would do.
Just guessing, but as I said, I don't see any reason to believe it was a premeditated act. I've followed from day one, so that's just my take on what we know.
jmo
If he planned it at all, he's got to be the world's worst alibi planners in all human history.This is worthy speculation, although to me, Morphew's associated actions in advance to set up an alibi suggest both intent and deliberation.
Colorado's First Degree Murder statute requires proof that the defendant intended to cause the death of another and did so. A person acts intentionally when his conscious objective is to cause the death of the victim.
Colorado has abandoned the term "premediation" in its murder statute and now requires proof that the murderer acted “after deliberation.” This means he acted not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner. Proving this element requires evidence that some appreciable length of time elapsed to allow deliberation, reflection and judgment.
My speculation is that Morphew fantasized about killing Suzanne as the conflict simmered. In that mode he thought about various means of killing her, disposing of her remains, and creating an alibi for himself. He probably knew about her affair, which intensified his angry fantasies. Her demand for a divorce was the final straw. He saw his chance to rid himself of this threat to his wealth and freedom when the daughters planned to be away, and his fantasies turned into a real plan (not a great plan, but a real plan nonetheless). There was certainly time to deliberate and reflect before he implemented the plan. The fact that he was angry most likely affected his judgment, but no murder is an act of good judgment.
All MOO.
Good post. Thank you for your insight and well reasoned thoughts. Actually after Suzanne’s remains were found in Sept. 2023 in Moffat/12th JD and autopsy finding of BAM in her bone info released in April 2024, while on one hand I was hopeful a secret GJ was empaneled not too long after the autopsy finding, on the other hand, I thought perhaps the 12th’s DA and LE wanted to possibly wait and conduct further investigation/getting ducks in row/making sure all t’s crossed and i’s dotted, to give them time to ensure their new case against BM is airtight before filing new charges.I continue to believe that DA Kelly of the 12th JD will not file a new case until the civil claims against individuals and entities involved in the 11th JD's prosecution are done. Many of Kelly's witnesses are civil defendants, and the claim has been made by Morphew's civil attorney that their testimony could be corrupted by a desire to prevent Morphew testifying in that proceeding. Also, if the civil case proceeds to discovery, Kelly's criminal case can only benefit from having Morphew's testimony on the record, under oath. Most likely he won't testify if charges have been filed. Thus I see the end of Morphew's civil claims as a prerequisite to a new murder charge.
Morphew's brief on appeal was filed in mid-March. Response briefs are due in mid-May. Oral arguments will likely be heard this summer, and we could expect a decision this fall. I see little likelihood that the 10th Circuit will reverse Domenico's dismissal order, and no likelihood that the SCOTUS would grant certiorari on such a decision.
Judge Domenico seems to believe Morphew could file a new civil suit, and he may if he has the money, if only to stave off further any new charges. That, too, would be DOA but it could put off further the day Morphew is held to account for the murder of Suzanne.
It's terribly frustrating that the actions of incompetent prosecutors have enabled Morphew to delay justice in this way. But the evidence is there. The case is ready to file. He will be charged and convicted by competent prosecutors. Law enforcement is relentless in its pursuit of killers.
Morphew knows this. He isn't living the good life, however he wants us to think so.
Well shucks, thank you. However I wasn't the ringmaster of our circus, I was the zookeeper of our zoo! But I never had to deal with such an evil, slippery slimy creature as Barrymorphe-eeewNooooo, @Kemug, it's coming. Plus we need your expertise as the Ring Master in our circus of crazy.
JMO
On target as usual! The concern is as old as Western Civilization's concept of justice itself. "Delays in the law are hateful" – In diem vivere in lege sunt detestabilis – is a Latin lawyer's maxim. On the other hand, they also said, Nulla mora est longa de morte viri - "No delay [in law] is long concerning the death of a man" And, Clause 40 of the Magna Carta reads, "To no one will we sell, to no one will we refuse or delay, right or justice."Good post. Thank you for your insight and well reasoned thoughts. Actually after Suzanne’s remains were found in Sept. 2023 in Moffat/12th JD and autopsy finding of BAM in her bone info released in April 2024, while on one hand I was hopeful a secret GJ was empaneled not too long after the autopsy finding, on the other hand, I thought perhaps the 12th’s DA and LE wanted to possibly wait and conduct further investigation/getting ducks in row/making sure all t’s crossed and i’s dotted, to give them time to ensure their new case against BM is airtight before filing new charges.
My understanding is state of Colorado/Colorado DA’s historically prefer to bring charges against suspects via I & C (Information & Complaint) versus GJ indictment, and I was initially thinking this case being so complex, 12th JD DA-A Kelly might have decided to forego the I & C and go the secret GJ route due to the high profile nature and all the publicity surrounding the initial prosecution attempt in order to not pollute a future jury pool.
Colorado GJ’s typically meet for a year but can be extended to 18 months in certain cases if warranted.. So IF Anne Kelly did decide to empanel a secret Grand Jury within a couple/few months of the autopsy findings, they could still be meeting now up until fall this year on the high end if they meet for a full 18 months.
Yet on another hand (I’m running out of hands lol), you bring up good points as to why the 12th JD/DA Kelly may be waiting for the civil suit to resolve one way or the other before bringing charges.
IMO if BM deposed in civil suit proceedings, he’s more likely to plead the 5th if he knows new charges are coming/imminent.
However IF charges came as a result of secret GJ proceedings via indictment (imo a GJ of BM’s peers would vote to indict) he’d be more caught off guard/less prepared due to the secrecy of said proceedings.
I kind of like that idea, less chance for him to prepare and/or perhaps flee. If he testifies in the civil case, it could? would? present the 12th JD extra ammunition if they wait to recharge post civil suit outcome(s) since BM may trip himself up and say something incriminating, forgets what he said to investigators in the first case etc.
I do not trust obvious killers would be truthful under oath in any litigation whether civil or criminal (imo most killers don’t testify at their criminal trials). At any rate, my main point BM wouldn’t know if a secret Grand Jury is meeting so he might not invoke the 5th and testify in a civil depo. Ooofff. I do not see that going well for ole BM.
Also if a GJ indictment came down that resulted in new charges filed by DA Kelly after he’s testified under oath in civil suit and ‘flubbed’ (trying to be gentle here) up his testimony, that just would give the 12th/DA Kelly’s case more ammunition as she can use whatever he said in a civil depo if she thinks it would help the new case, is that correct? Apologies if not clear the way I’m asking.
On another note, I started researching if in Colorado, defendants’ in a civil case who were the investigators and prosecutors in different jurisdiction can also provide witness testimony to a GJ regarding new criminal complaint against the suspect in different/new jurisdiction. Apologies if it’s already been posted here and I’ve missed it. Anyway couldn’t find a direct link that discussed just this topic and couldn’t find specific verbiage under Colorado statutes that addresses law enforcement and prosecutors as defendants in pending civil litigation that get subpoenaed to testify at Grand Jury. Possible I’m not using correct search terms and don’t have time to search through all the specific statutes. Having said that, if I’m understanding what did come up on google AI which I believe we can’t link here, it has something to do with providing law enforcement and prosecutors civil suit defendants’ immunity in case they self incriminate themselves and said it really depends on the complexity of each case and whether the 2 cases are related and that the defendants’ would also likely be collaborating with and advised by their own Attorneys on avoiding self incrimination if subpoenaed to testify as GJ witness while also being a defendant in civil litigation in another jurisdiction. Just my own interpretation which I know could be completely wrong as IANAL.
Good thing most of the heavy hitting/big gun FBI LE Jonny Grusing, Agent Harris, etc, etc were already dismissed from the civil suit so if subpoenaed for potential GJ witness testimony, should be pretty straightforward/ unencumbered (for lack of a better word) for those guys to testify iirc.
Having said all that, I guess I do get why the 12th JD may prefer for the civil suit to be dusted and done with so to speak before bringing new charges against BM. I don’t have to like it though as I, many of us, want to see BM behind bars again asap.
So depending on what happens with r/t the response briefs and oral arguments later this spring, it’s incredibly frustrating to know he could decide to refile another civil suit if he has the money giving him more time to roam around free and further delaying justice for Suzanne. I know it’s his legal right to do so but man, just seems so wrong victims and their families have to go through all this and wait sometimes years and years before their loved one receives justice due to prosecutorial incompetence, missteps and obviously guilty defendants being able to use and potentially gain $ and further delay being held accountable for their crime and delaying their victim receiving justice. I get it’s all legal, protecting people’s rights and all that, it just sometimes seems to be a big game or game of oneupmanship so to speak in certain cases which makes me so sad for victims’ families waiting years for their loved one to receive justice. *Sigh*
I personally detest the idea of the BM long game stretching on longer while Suzanne’s bones remain on a shelf. SMDH. So sad for Suzanne and her family. I really don’t think he has much money left after paying IE’s et al fees so hopefully the current civil case ends not good for him and won’t be able to afford Attorneys to file another civil case.
Seems to me instead of filing suits/money grabs, BM maybe should be focusing on helping the LE/DA in the 12th find the ‘real killer’ of his beautiful wife and Mother of his children. Oh wait!
Whichever the case, whether BM is arrested and charged via I & C, or via GJ indictment, I do echo what you say that BM eventually will be held accountable by competent prosecutors and 100% agree about LE being relentless in its pursuit of killers and we will hopefully soon see Suzanne’s thread blowing up with breaking news of BM’s arrest.
Can’t happen soon enough as far as I’m concerned, cue Veruca Salt from Willy Wonka- “but I want it now!” Having said that, I now hear a couple familiar phrases ringing in my head, patience grasshopper!,
good things come in due time…
Tick Tock BM…
***Providing a link below which has been posted before about Colorado GJ process vs I & C for informational purposes in case anyone’s interested.
"Grand Juries" & "Indictments" in Colorado - How It Works
All of the above IMHOO
#JUSTICEFORSUZANNE
ETA-fixed Anne Kelly’s last name in couple paragraphs so as not to confuse posters r/t defense attorney Anne Taylor in Idaho 4 murder case. Oomph.![]()
I did love our zoo !!Well shucks, thank you. However I wasn't the ringmaster of our circus, I was the zookeeper of our zoo! But I never had to deal with such an evil, slippery slimy creature as Barrymorphe-eeew![]()
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That is my understanding also. That it was a mutual decision to move to Colorado. There is more to support that theory that is known than to support the theory that he forced the move and she didn't want to go. I don't think either of them trusted the other. I think he suspected something was up but didn't get confirmation until close to her disappearance. I do think the move to Colorado was an attempt at a reset in their marriage. I have no side or theory about the FB friend requests - at a trial one or the other will theoretically be proved out or it won't come into trial as speculation as I don't think this will come to trial again unless the prosecutor's case is pretty darn fact based and irrefutable.After all these years I still don't believe BM planned to murder SM. I don't believe she was lured to CO either. I remember an interview with her sister that was from a now banned *podcaster on WS - but IIRC SM, according to her sister, was all in on moving to CO, picked the house, decor, etc. I think they were both suspect of each other having affairs but I don't think BM even knew that for sure until whatever happened that weekend exploded and it turned violent. It all came out or some version of it. I remember thinking that SM was the one sending out the friend requests in a frantic trying to hide whatever his name was from being revealed-basically burying him in a friend list. I know most believe BM did that but I'm not so sure. I personally don't have high hopes this case will be prosecuted which is a shame. IMO
Edit: banned *YouTuber
“…That is my understanding also. That it was a mutual decision to move to Colorado. There is more to support that theory that is known than to support the theory that he forced the move and she didn't want to go. I don't think either of them trusted the other. I think he suspected something was up but didn't get confirmation until close to her disappearance. I do think the move to Colorado was an attempt at a reset in their marriage. I have no side or theory about the FB friend requests - at a trial one or the other will theoretically be proved out or it won't come into trial as speculation as I don't think this will come to trial again unless the prosecutor's case is pretty darn fact based and irrefutable.
Bluff.
Care to block some metaphors ?
Trying to come to grips, I am, with possibly being as thick as two short planks...
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(i) So how/why is it that IE would allow Barry to get within a barge pole of being deposed - let alone testifying - as she knows him with certitude to be a lying liar who lies?
(ii) Why are we positing this fallow civil case a virtual Sword of Damocles hanging over Getting-the-Hades-on with Justice for Suzanne?!? ...Sorry (not). I'm just not getting it . _______________________________________________________________________
I've asked - several times, ages ago - for someone...ANYONE... to enlighten* me.
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*as distinguished from elevating* me, mind you
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