Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

[Seattle1]

I think there are differences in how states adjudicate. Colorado has a class 6 felony that is a misdemeanor in many states that might have 5 classes of felony. The states can be different for sure. Several have pointed out a woman in Texas who got a really stiff sentence that is going through appeals I think.

Not directed @ OP - but seeing this Texas case referenced here.

IMO, when referencing the Tx case, it's very misleading not to include that the defendant was on supervised probation for Tax fraud when she committed Voter fraud, and her sentence reflects her violation while she was on supervised release.

The Tx Appeals Court previously upheld the lower court's verdict.

Whether or not the defendant appealed to the TX Criminal Appellate (highest Tx Court), or the US Supreme Court is unknown. I stopped following after the verdict was upheld.

Texas upholds sentence for woman who didn’t know she was ineligible to vote

Crystal Mason was previously sentenced to five years in prison for a mistaken vote that was not counted

www.theguardian.com

Four years ago, Mason was on supervised release, similar to probation, for a federal felony conviction related to tax fraud. She didn’t know that Texas prohibits felons from voting until they finish their sentence entirely. Mason voted in the last presidential election at the urging of her mother and cast a provisional ballot when poll workers couldn’t find her name on the voter registration rolls. The ballot was never counted because Mason was not an eligible voter.

Because she was convicted of illegal voting while on supervised release, a federal judge had also sent her back to federal prison in late 2018, where she served several months.

 

[Momofthreeboys]

The fact that there are no “remaining” charges at this time, ignores the fact that LE have substantial evidence in their possession and could come after him at any given moment. He is NOT truly free of the burden of Suzanne’s murder and when they come for him again the money will once again hemorrhage from his bank account. He’s not a bright bulb but he knows that much. As well, I don’t think for one minute that Denver PD are not keeping an eye on him if he indeed has moved to Denver. After some of the half truths and what I consider lies IE has put out there (MOO), I won’t believe he has actually moved to Denver until another source confirms it. MOO MOO MOO.

Sadly, his daughters will continue to feel the weight of his crime, even if they don’t believe he did it. Barry needs to be worshipped and IMHO he will continue to drain them emotionally whether they realize it or not. He craves his “supply” and I don’t think SD alone can fill his constant need to be elevated to the pedestal he has made for himself. Not to mention, the stigma of having a father that was arrested for murdering their mother is a burden. His case was not dismissed outright but without prejudice. In this day and age and social media as it is, it would be naive to think they can escape what their father has put on them by what he did.

More MOO.

Yes it will be interesting to see if they can repackage what they know minus what they can’t use and anything new to attempt a new charge or set of charges. I am not holding my breath but will keep the faith.

 

[Momofthreeboys]

Not directed @ OP - but seeing this Texas case referenced here.

IMO, when referencing the Tx case, it's very misleading not to include that the defendant was on supervised probation for Tax fraud when she committed Voter fraud, and her sentence reflects her violation while she was on supervised release.

The Tx Appeals Court previously upheld the lower court's verdict.

Whether or not the defendant appealed to the TX Criminal Appellate (highest Tx Court), or the US Supreme Court is unknown. I stopped following after the verdict was upheld.

Texas upholds sentence for woman who didn’t know she was ineligible to vote

Crystal Mason was previously sentenced to five years in prison for a mistaken vote that was not counted

www.theguardian.com

Four years ago, Mason was on supervised release, similar to probation, for a federal felony conviction related to tax fraud. She didn’t know that Texas prohibits felons from voting until they finish their sentence entirely. Mason voted in the last presidential election at the urging of her mother and cast a provisional ballot when poll workers couldn’t find her name on the voter registration rolls. The ballot was never counted because Mason was not an eligible voter.

Because she was convicted of illegal voting while on supervised release, a federal judge had also sent her back to federal prison in late 2018, where she served several months.

Thanks for the details. It comes up sometimes as though these are apples to apples cases but the cases are unique and in different states.

 

[jakat]

He might need to find a new barber in Denver.

Or he could move there and commute a couple of times a week. What's wrong with that?

 

[jakat]

Their kids - one is graduated from college and on her own. The second one I think lives with her older sister, but not much is said about what's she's up to currently - she is "college age". So I don't think the older has plans to move from Gunnison and it's anyone's guess of the 2nd daughter will move. I've always thought he wasn't "hanging out" in Chaffee County anyway regularly since the case was dismissed and he didn't need to stay there anymore.

Nah, I think he decided to move to Denver when Agent Grusing followed him into the barber shop.

 

[jakat]

Their kids - one is graduated from college and on her own. The second one I think lives with her older sister, but not much is said about what's she's up to currently - she is "college age". So I don't think the older has plans to move from Gunnison and it's anyone's guess of the 2nd daughter will move. I've always thought he wasn't "hanging out" in Chaffee County anyway regularly since the case was dismissed and he didn't need to stay there anymore.

Nah, I think he decided to move to Denver when Agent Grusing followed him into the barber shop.

 

[jakat]

Their kids - one is graduated from college and on her own. The second one I think lives with her older sister, but not much is said about what's she's up to currently - she is "college age". So I don't think the older has plans to move from Gunnison and it's anyone's guess of the 2nd daughter will move. I've always thought he wasn't "hanging out" in Chaffee County anyway regularly since the case was dismissed and he didn't need to stay there anymore.

Nah, I think he decided to move to Denver when Agent Grusing followed him into the barber shop.

 

[jakat]

Sorry for the extra posts. They would not delete for me.

 

[TGIRecovered]

Not directed @ OP - but seeing this Texas case referenced here.

IMO, when referencing the Tx case, it's very misleading not to include that the defendant was on supervised probation for Tax fraud when she committed Voter fraud, and her sentence reflects her violation while she was on supervised release.

The Tx Appeals Court previously upheld the lower court's verdict.

Whether or not the defendant appealed to the TX Criminal Appellate (highest Tx Court), or the US Supreme Court is unknown. I stopped following after the verdict was upheld.

Texas upholds sentence for woman who didn’t know she was ineligible to vote

Crystal Mason was previously sentenced to five years in prison for a mistaken vote that was not counted

www.theguardian.com

Four years ago, Mason was on supervised release, similar to probation, for a federal felony conviction related to tax fraud. She didn’t know that Texas prohibits felons from voting until they finish their sentence entirely. Mason voted in the last presidential election at the urging of her mother and cast a provisional ballot when poll workers couldn’t find her name on the voter registration rolls. The ballot was never counted because Mason was not an eligible voter.

Because she was convicted of illegal voting while on supervised release, a federal judge had also sent her back to federal prison in late 2018, where she served several months.

I don't believe her. I don't believe that she was not informed of the terms of her supervised release. I'm assuming that there is a lot of legal paperwork, required verbal notification, and documents signed by the supervisee, stating that she has been informed of the terms, requirements, and restrictions of her sentence. I'm no legal expert. That's just my opinion. MOO

 

[Boxer]

I don't believe her. I don't believe that she was not informed of the terms of her supervised release. I'm assuming that there is a lot of legal paperwork, required verbal notification, and documents signed by the supervisee, stating that she has been informed of the terms, requirements, and restrictions of her sentence. I'm no legal expert. That's just my opinion. MOO

IMO 5 years was too harsh even if apples to oranges.
Black lady on supervised release and a white guy (the one in Pennsylvania,) voting for his dead mother as well as himself.

 

[Seattle1]

I don't believe her. I don't believe that she was not informed of the terms of her supervised release. I'm assuming that there is a lot of legal paperwork, required verbal notification, and documents signed by the supervisee, stating that she has been informed of the terms, requirements, and restrictions of her sentence. I'm no legal expert. That's just my opinion. MOO

I agree @TGIRecovered. IMO, the first clue was when the defendant's name was NOT on the voter registration rolls and she requested a provisional ballot to vote anyway!

During the appeal and when the verdict was upheld, the defendant acknowledged to the court she did not read the "fine print" on the provisional ballot before signing the ballot under penalty of perjury, which clearly warned the defendant she was not eligible to vote.

I have to say I find a convicted felon, already experienced at doing time in federal DOC for federal income tax fraud, on supervised release by a special probation officer, to pray on ignorance of the law insulting. She always had the option to call her probation officer if she didn't want to read the fine print!

Lastly, make no mistake, in or out of custody, felons know exactly what the CERTIFICATE OF RESTORATION OF OPPORTUNITY means and looks like! MOO

ETA: IMO, the situation above is the equivalent of BM going out to a sporting goods store on Saturday in an attempt to buy a new rife, having repeated to Judge Murphy that he understood the terms of his supervised probation as a felon in waiting where he's lost certain civil privileges during this probation period, including the right to possess a firearm, ammo, vote, hold a public office, etc.

 

[katydid23]

But he has that bad drinker face. His eyes are gettin' beadier and beadier these days. Should have seen it coming. *




* Carlito's Way

JMO

He does look like he has been day drinking a lot lately. In fact, he looks like he is drinking and then giving himself his own haircuts.

 

[CGray123]

I'm actually surprised it even went to a judge. He basically got the same thing a pretrial intervention would have amounted to here in FL. It's where a person with no record gets a year on probation and if they stay clean per the probation office the charge is dropped. Perhaps this is the equivalent there in CO.

Colorado does provide for a "pretrial diversion agreement" a/k/a "deferred prosecution agreement" under Colorado Revised Statutes § 18-1.3-101. It's a much better deal than BM received: there is no public court record, no plea of guilty, no supervised probation, and none of the consequences that can flow from that - including possible sentencing without trial on the original charge, and restrictions on gun ownership and use. If you comply with the terms of the diversion contract, the DA must drop the charge. It's the next best outcome to a DA decision not to prosecute at all.

I am virtually certain the IE asked for a diversion agreement - why would she not? But the DA may have decided BM was not eligible under the state and/or local criteria. Here's what the statute says.

(3) Guidelines for eligibility.  Each district attorney that uses state moneys for a diversion program pursuant to this section shall adopt policies and guidelines delineating eligibility criteria for pretrial diversion and may agree to diversion in any case in which there exists sufficient admissible evidence to support a conviction.  In determining whether an individual is appropriate for diversion, the district attorney shall consider:

(a) The nature of the crime charged and the circumstances surrounding it;
(b) Any special characteristics or circumstances of the defendant;
(c) Whether diversion is consistent with the defendant's rehabilitation and reintegration;  and
(d) Whether the public interest will be best served by diverting the individual from prosecution.

 

[Momofthreeboys]

If Murphy wasn't removed from the case, I have little doubt that Barry Morphew is sitting in prison right now. He would have kept things on track, and wouldn't have allowed Iris to railroad him with circular logic and lies.

Murphy had no patience for this nonsense, and wouldn't have given in.

Yesterday's hearing shows that.

I liked Judge Murphy. I never understood why people disliked him and were so happy when he recused himself.

 

[Love Never Fails]

I agree @TGIRecovered. IMO, the first clue was when the defendant's name was NOT on the voter registration rolls and she requested a provisional ballot to vote anyway!

During the appeal and when the verdict was upheld, the defendant acknowledged to the court she did not read the "fine print" on the provisional ballot before signing the ballot under penalty of perjury, which clearly warned the defendant she was not eligible to vote.

I have to say I find a convicted felon, already experienced at doing time in federal DOC for federal income tax fraud, on supervised release by a special probation officer, to pray on ignorance of the law insulting. She always had the option to call her probation officer if she didn't want to read the fine print!

Lastly, make no mistake, in or out of custody, felons know exactly what the CERTIFICATE OF RESTORATION OF OPPORTUNITY means and looks like! MOO

ETA: IMO, the situation above is the equivalent of BM going out to a sporting goods store on Saturday in an attempt to buy a new rife, having repeated to Judge Murphy that he understood the terms of his supervised probation as a felon in waiting where he's lost certain civil privileges during this probation period, including the right to possess a firearm, ammo, vote, hold a public office, etc.

This! Also judges are very clear to tell any defendant that “ignorance of the law is no excuse”. Most defendants are NOT ignorant of the law, as they have already been there, done that. IMO.

 

[Boxer]

This! Also judges are very clear to tell any defendant that “ignorance of the law is no excuse”. Most defendants are NOT ignorant of the law, as they have already been there, done that. IMO.

That was 5 years in prison for intentionally voting when ineligible.
Man in PA voted as his mother who passed away in 2008, a total forgery including signing her name got 5 years probation.
Should he not have gotten at least near the same penalty as the lady’s first conviction of tax fraud?

Both committed an intentional crime.

MOO the crime was fairly even and either he needed harsher consequences or she need less harsh consequences, given the penalties around the US.
MOO

 

[Love Never Fails]

That was 5 years in prison for intentionally voting when ineligible.
Man in PA voted as his mother who passed away in 2008, a total forgery including signing her name got 5 years probation.
Should he not have gotten at least near the same penalty as the lady’s first conviction of tax fraud?

Both committed an intentional crime.

MOO the crime was fairly even and either he needed harsher consequences or she need less harsh consequences, given the penalties around the US.
MOO

I don’t know the details. I do know each State is very different and are set up that way. Bottom line in what I said was ignorance of the law is no excuse if you commit a crime. Now, whether you are sentenced by an honest judge who knows the laws is another question. Sadly.

 

[Love Never Fails]

I should add that when a judge has two cases before him of similar crimes, while he should consider equal punishment, he has to take in the differing circumstances of why that crime was committed. And I would add this isn’t a black or white issue.

Two States and two different judges and two different defendants.

 

[Seattle1]

Colorado does provide for a "pretrial diversion agreement" a/k/a "deferred prosecution agreement" under Colorado Revised Statutes § 18-1.3-101. It's a much better deal than BM received: there is no public court record, no plea of guilty, no supervised probation, and none of the consequences that can flow from that - including possible sentencing without trial on the original charge, and restrictions on gun ownership and use. If you comply with the terms of the diversion contract, the DA must drop the charge. It's the next best outcome to a DA decision not to prosecute at all.

I am virtually certain the IE asked for a diversion agreement - why would she not? But the DA may have decided BM was not eligible under the state and/or local criteria. Here's what the statute says.

(3) Guidelines for eligibility.  Each district attorney that uses state moneys for a diversion program pursuant to this section shall adopt policies and guidelines delineating eligibility criteria for pretrial diversion and may agree to diversion in any case in which there exists sufficient admissible evidence to support a conviction.  In determining whether an individual is appropriate for diversion, the district attorney shall consider:

(a) The nature of the crime charged and the circumstances surrounding it;
(b) Any special characteristics or circumstances of the defendant;
(c) Whether diversion is consistent with the defendant's rehabilitation and reintegration;  and
(d) Whether the public interest will be best served by diverting the individual from prosecution.

While not stated in the reference, I'm under the impression diversion programs do not typically extend to felonies. I've known some individuals with otherwise clean records that have been extended this courtesy by the State of Colorado as first time offenders but all were for petty crimes.

However, I agree that IE would not hesitate to request this program for her client with a "bad ballot."

 

[mrjitty]

Obviously I understand that a defence lawyer may successfully get their client off on a technicality, but defending the voter fraud on the basis that he "made a mistake" when he murdered his wife with his own hand ... that takes some brass neck