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

[mrjitty]

SMH on the the continued, lazy reporting. LS was not disbarred for late discovery on the Morphew case!

Exactly! No one gets disbarred for late discovery when the Judge ruled it was not in bad faith.

She got busted for investigating a Judge lol. I think had she not done that she would have got away with the rest - including the leaks and ill-considered media briefings.

 

[Charlot123]

Exactly! No one gets disbarred for late discovery when the Judge ruled it was not in bad faith.

She got busted for investigating a Judge lol. I think had she not done that she would have got away with the rest - including the leaks and ill-considered media briefings.

I am not living in Colorado. I see all these squabbles leaking into public unprofessional especially since they are paid by the taxpayers. Is there a way to: a) for Linda to restore the license if she is a good (if blunt) attorney?
b) hopefully, to return back to prosecuting the Mighty Chipmunks Slayer? Ever?

 

[Lyanna]

Wonder who leaked Linda's email?
Shades of what she's been found guilty of - unethical conduct
That judicial district seems to need a complete overhaul.

All the while, the clowns do laps of the circus tent and Suzanne’s forgotten about - again.

Moo

 

[DenverToCali]

Barry’s civil suits have been dismissed.

https://www.courthousenews.com/wp-content/uploads/2024/09/barry-morphew-v-chaffee-county-order-district-court-of-colorado.pdf

 

[DenverToCali]

VII. Subject-Matter Jurisdiction Over State-Law Claims:

Claims Nine, Ten, Eleven, Twelve, and Thirteen

Having granted the defendants' motions to dismiss as to all of Plain-tiff's federal claims, I decline to exercise jurisdiction over his state claims. See 28 U.S.C. § 1367(c)(3); Koch v. City of Del City, 660

F.3d 1228, 1248 (10th Cir. 2011) ("When all federal claims have been dismissed, the court may, and usually should, decline to exercise juris-diction over any remaining state claims.").

CONCLUSION
Plaintiff, like anyone accused of a crime, deserves better than what happened here. The People of the State of Colorado, on whose behalf and in whose name the charges against Plaintiff were brought, deserved better. And Suzanne Morphew certainly deserved better. Perhaps

Plaintiff is right that immunity doctrines ought to be revisited and it should be easier to sue those who mishandle prosecutions like this for damages in federal court. But that is a question for another day and another court. This court must apply the law as it is, and that requires the motions to be granted and the Plaintiff's claims to be dismissed.

Therefore, it is ORDERED that: the motions to dismiss, Docs. 87, 94, 95, 97, 98, 104, 108, are GRANTED, and all claims are DISMISSED WITHOUT
PREJUDICE.

DATED: September 24, 2024

BY THE COURT:
Daniel D. Domenico
United States District Judge

 

[MassGuy]

DENVER (CN) — A federal judge on Tuesday dismissed a widower's claims against a local sheriff's department and prosecutors who pursued murder charges against him after his wife disappeared in 2020.

"For all its infuriating flaws then, the prosecution of plaintiff was not unlawful," wrote U.S. District Judge Daniel Domenico in a 33-page order. "His Section 1983 claims for malicious prosecution, fabrication of evidence, Franks violations, conspiracy, failure to intervene, and Monell liability must be dismissed on the basis of the existence of probable cause."

https://t.co/wr4TSk7xXT

 

[MassGuy]

"Accepting, as I must at this stage of the case, that plaintiff’s allegations are true, there remains ample reason to find probable cause that he was involved in the murder of his wife," Domenico wrote.

 

[DenverToCali]

Let’s see if this speeds up the process now with the civil suit out of the way. I believe his days are numbered.

 

[crhedBngr]

Time's runnin' out, Barry!

"Let me tell you . . ."

JMVHO.

 

[fcavanaugh]

"Accepting, as I must at this stage of the case, that plaintiff’s allegations are true, there remains ample reason to find probable cause that he was involved in the murder of his wife," Domenico wrote.

Thanks Judge D.

Stanley’s OARC hearing done/decided.
Civil Suits dismissed.
Next:
Bring on the ARREST!

Tick, Tickety Tock BM…….

IMHOO

#JUSTICEFORSUZANNE

 

[DenverToCali]

This is good too:

After rebuilding the arrest affidavit with misleading evidence omitted, Domenico found the document still could have supported Morphew’s arrest.

So Domenico rebuilt the affidavit and removed the misleading evidence and found there was still enough to support Barry’s arrest. LFG.

 

[MassGuy]

This is good too:

After rebuilding the arrest affidavit with misleading evidence omitted, Domenico found the document still could have supported Morphew’s arrest.

So Domenico rebuilt the affidavit and removed the misleading evidence and found there was still enough to support Barry’s arrest. LFG.

Yes, that’s pages 17 and 18.

 

[mrjitty]

This is good too:

After rebuilding the arrest affidavit with misleading evidence omitted, Domenico found the document still could have supported Morphew’s arrest.

So Domenico rebuilt the affidavit and removed the misleading evidence and found there was still enough to support Barry’s arrest. LFG.

And does not include the autopsy evidence which is new.

Oh dear.

 

[mrjitty]

On a quick read through, I dispute that the DNA evidence from the glove box and bike is actually exculpatory at all - but I assume the Judge has to give the benefit of the doubt there based on what happened at the prelim.

Cahill might as well have been on Iris's payroll for all the damage he did lol

 

[MassGuy]

It wasn't that long ago that Barry and his team were riding high. Charges were dropped, Barry and his daughters tried to control the narrative by appearing on Good Morning America, and they generated national media attention by filing suit against anyone and everyone associated with this case.

They created the illusion that the charges were dropped because Barry was innocent, and the lawsuit was to punish those who had tried to convict this upstanding man.

But then things started to go wrong. Suzanne's body was found, the proverbial smoking gun was found in her bones, and now Barry's dream of incredible wealth is dead.

I've always seen this civil suit as a bit of a roadblock, not because it had any chance of success (I've been mocking it since day one), but because Kelly's office probably didn't want to pull the trigger if the possibility existed that Barry would be deposed in this lawsuit.

That roadblock no longer exists, so the waiting game really begins. It could come tomorrow, or it could come many months from now. It's coming though.

 

[Charlot123]

It wasn't that long ago that Barry and his team were riding high. Charges were dropped, Barry and his daughters tried to control the narrative by appearing on Good Morning America, and they generated national media attention by filing suit against anyone and everyone associated with this case.

They created the illusion that the charges were dropped because Barry was innocent, and the lawsuit was to punish those who had tried to convict this upstanding man.

But then things started to go wrong. Suzanne's body was found, the proverbial smoking gun was found in her bones, and now Barry's dream of incredible wealth is dead.

I've always seen this civil suit as a bit of a roadblock, not because it had any chance of success (I've been mocking it since day one), but because Kelly's office probably didn't want to pull the trigger if the possibility existed that Barry would be deposed in this lawsuit.

That roadblock no longer exists, so the waiting game really begins. It could come tomorrow, or it could come many months from now. It's coming though.

The lawsuit was a roadblock, but why do I have the feeling that it served the role of the catalyst? Barry didn't know when to stop, it was impudence.

 

[Poedelini]

This is such good news! I wish i could see BM his face.
One more step made too justice for Suzanne!

I hope they arrest him sooner rather than later.

 

[crhedBngr]

This is good too:

After rebuilding the arrest affidavit with misleading evidence omitted, Domenico found the document still could have supported Morphew’s arrest.

So Domenico rebuilt the affidavit and removed the misleading evidence and found there was still enough to support Barry’s arrest. LFG.

Ooof.

So glad to see this.

Justice is coming, Suzanne!

JMVHO.

 

[Seattle1]

DEFENDANTS MOTIONS TO DISMISS GRANTED!

In essence, Domenico concluded by telling Iris and Jayne: Sorry, you can't make up your own rules or laws because you don't like the ones that exit...

Also, so telling that Jayne couldn't supplement to the Court that LS had been disbarred fast enough-- yet never uttered a peep after SM's body was was recovered, and per her autopsy, the animal tranquilizer BAM contributed to her death.

Forever SMH how the exculpatory DNA misstatement by IE continues to permeate after Ramsey Lama swallowed her rubbish defense Motion in its entirety. MOO

Reference Morphew Order, pg 33/33:

 

[mrjitty]

It feels a very safe decision to me. The Judge has essentially followed the factual findings of Judge Murphy at the prelim, in order to throw the case out at early stage - of course all the time aware of the victim's body surfacing in the meantime.

As context (my emphasis)

The defendants named here were all involved in investigating, charging, and prosecuting Plaintiff to one degree or another. The allegations against them, if true, show an investigation and prosecution that was, in a number of senses, wrongful.

... so that is the standard at dismissal stage.

Reading between the lines - I find these discussion points revealing

There should be, and are, consequences for that conduct. But civil liability for money damages is not necessarily one of those consequences.

But the question for this Court isn’t whether the decision to arrest Plaintiff was wise or whether the government would have been able to prove its case to a jury beyond a reasonable doubt. The question is whether arresting and prosecuting him at that time was unlawful.

And then:

But as noted above, not every unwise decision is unconstitutional, and the legal (if not ethical) standard for an arrest does not require the same level of certainty as that for a conviction. The question here is not whether the evidence was sufficient to show beyond a reasonable doubt that Plaintiff murdered his wife, but whether the uncertainties raised by the omitted and misrepresented evidence erased any substantial probability that Plaintiff was involved. The evidence, even as presented by the Plaintiff’s complaint, still supports only one conclusion: that there was such probable cause.

In other words, while the prosecution might not have been wise (Judge's word) Iris and Jane did nothing to erase 'substantial probability" (Judge's words) that BM was the killer.

So to my read, the Judge is being awfully nice about it but also is saying to Iris and Jane even if your allegations are true, Barry probably is guilty - so there is no great injustice or conspiracy here.