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

[mrjitty]

My understanding of the AA length/breadth here is that they are typically more concise and less detailed than search warrant affidavits because they are usually followed by an additional probable cause finding, like a preliminary hearing (or a grand jury, but less so in Colorado).

The linked handout seems to acknowledge the same. MOO

https://www.fletc.gov/sites/default/files/affidavit_writing_made_easy.pdf

I was wondering about this.

The guts of the AA had to be presented to the Judge somehow to show probable cause and justify ongoing detention until the prelim - so I guess it is just done with more brevity?

Obviously all the info in the AA would be presented at the Prelim at the end of the day just in different affidavits / by witnesses

Anyway - Preet's discussion of what you'd see in a search warrant affidavit reminded me of the Morphew AA

 

[mrjitty]

I must admit, that I have not seen many arrest affadavits, but those I have seen (e.g. CW and KA) have been a few pages at most. I think a lot of the content in BMs AA wasn't actually needed and should not have been included.

I am just wondering how this works procedurally.

In the search warrant example, there is no further procedure, so I understand why the affidavit might be 100 pages long. The Judge has to get up to speed with the investigation and why Probable Cause (PC) exists. Bharara explained that you have to tell the whole story basically.

Whereas seemingly in the case of arrest for murder, the Judge would be OK on a streamlined summary of the evidence - running to only a couple of pages.

But seeing as the Prelim did not take place until months later, is it the case that the State then immediately files the information and supporting affidavits relating to the charges in the information, that will lead ultimately to the prelim?

And of course the defence can immediately apply for release/bail which again would lead to at least some consideration of the case against the accused.

tldr;

does the detail stuff in the AA come into Court immediately, just in different documents supporting the information?

 

[GOBliaison]

That's really good information.

It's one of my working theories that Barry left the property on foot until he reached another vehicle. While it's possible he had a steak and journal burn and then slept like a tranquilized fawn from 11 until 3, I think it's more likely he was on the prowl.

I think that he was forced to do something between roughly 4:30 and 5 that disrupted his own emergent and ill-laid out trail-covering and it required the truck. Did he forget something? Did he need to check something?

Is there a point behind PP where he could drive on MD morning with adequate vantage? At 5 am, was there any daylight cresting? I just feel like he may have tried to survey something. Elsewise he was IMO creating a trail. Helmet, shirt.... or he was disposing of evidence maybe. Hitting remote dumpsters. Monarch Pass, Monarch Spur. I don't believe for one second that the man who voted for the dead wife he murdered would seek out a legal way to turn around. 12 miles out of his way, just for a proper turnabout? Not seeing it.

So where'd he go? And why?

Can't shake the fact that SD placed herself in them thar woods that very day.

Consider. He may have contacted someone on the rarely-associated device around 8 and 11 am. Did he hire a "cleaning lady" for PP? (I don't think so because Suzanne's shorts remained on the floor but maybe he needed her wipe something down. ) At 5 am, could he have been handing off keys? A weapon for safekeeping? Something...

Really, really, really want to know what he was up to that morning.

JMO

And I cannot shake the premonition {shared?} that SD ought to "disappear" of her own volition. Because, imo, "disappear" she surely will.

Aside: Again IMO, Beau Morphew hasn't tied-up the SD loose-end because that would just be too recklessly coincidental, even for him.

 

[GOBliaison]

May 10, 2020 Sunrise 5:54:39 am

May 2020 Sunrise and Sunset Times in Salida, Colorado

Sunrise and sunset in Salida, Colorado, on May 2020 with day length, twilight and solar noon.

sunrise-sunset.org

Thank you, jakat, for this research.

I'll just add that, per this table, sunrise twilight that date was 5:17:21 am.

<modsnip - off topic>

 

[BeckyF]

Maybe they had a difference of.... conscience.

You can be a great defense attorney and represent your clients fiercely without resorting to untruths, misrepresentation, mischaracterization, fabrication, high drama and parking lot PDAs.

If EI actually goes after prosecutorial misconduct, outside of individual cases she's defending, I'll lose my dollar bet.

IMO she's grandstanding for the court of popular opinion. Her "product" is tenacity. It's a good look for future business to look like she's taking on all that is unjust. Sound bites bring in business.

Behind closed doors, I bet more than a dollar that lawyers like EI warn their daughters about men like BM. They know guilty when they see it.

Let me say again, I respect a rigorous defense. Our justice system relies on it. But rigorous doesn't mean dishonest.

Both sides (prosecution and defense) should be officers of the court, defenders of the law, seekers of the truth.

Otherwise, it's not justice.

JMO

BBM Everything you said is right on. I’m glad to hear you say that lawyers like EI warn their daughters about men like BM. You know they would. These 2 attorneys of his know he is guilty, IMO. I wonder if the one that gave him the big bear hug after the hearing the day the case was dismissed went home and took a shower afterwards. I would have. I know they are doing their job as defense attorneys. Criminal defense attorneys defend their guilty clients all day, every day all over the country. My conscience would eat me alive. JMO

 

[Boxer]

BBM Everything you said is right on. I’m glad to hear you say that lawyers like EI warn their daughters about men like BM. You know they would. These 2 attorneys of his know he is guilty, IMO. I wonder if the one that gave him the big bear hug after the hearing the day the case was dismissed went home and took a shower afterwards. I would have. I know they are doing their job as defense attorneys. Criminal defense attorneys defend their guilty clients all day, every day all over the country. My conscience would eat me alive. JMO

In this case, MOO they couldn’t believe their luck in drawing a disorganized prosecution. That means attacks will stick and there can be real cause for complaints, as well as ineptness being a form of misconduct at that level of court.

 

[Love Never Fails]

BBM Everything you said is right on. I’m glad to hear you say that lawyers like EI warn their daughters about men like BM. You know they would. These 2 attorneys of his know he is guilty, IMO. I wonder if the one that gave him the big bear hug after the hearing the day the case was dismissed went home and took a shower afterwards. I would have. I know they are doing their job as defense attorneys. Criminal defense attorneys defend their guilty clients all day, every day all over the country. My conscience would eat me alive. JMO

One or both of them have all boys. It was in a Denver law article I read while Dru represented Frazee’s “partner in crime”, KK.

I don’t think girls ever come into their minds. Besides, their reputations were made in representing men on trial for the murder of their wives, rape, and other criminal offenses.

 

[Love Never Fails]

Nielsen, a mother of two boys, is "particularly passionate about defending boys and men wrongfully accused of domestic violence or sexual misconduct in both university disciplinary and criminal proceedings," according to her online profile.
MEAWW.com

 

[California Dreamin’]

Nielsen, a mother of two boys, is "particularly passionate about defending boys and men wrongfully accused of domestic violence or sexual misconduct in both university disciplinary and criminal proceedings," according to her online profile.
MEAWW.com

Hmmmm……I think the key word here is wrongfully accused. It is well and good that they defend those men. However, the difference between defending wrongfully accused men and guilty men is huge in my mind. BM is a murderer. There is no doubt in my simple mind about that, so I highly doubt IE and DN didn’t come to the same conclusion with their superior brain matter, and yet, they defend him, well, at least IE does. And, not only does she defend him, she lies to gain him public favour. I find that part especially disgusting. JMO

 

[Love Never Fails]

Hmmmm……I think the key word here is wrongfully accused. It is well and good that they defend those men. However, the difference between defending wrongfully accused men and guilty men is huge in my mind. BM is a murderer. There is no doubt in my simple mind about that, so I highly doubt IE and DN didn’t come to the same conclusion with their superior brain matter, and yet, they defend him, well, at least IE does. And, not only does she defend him, she lies to gain him public favour. I find that part especially disgusting. JMO

I agree. I have a strong distaste for an attorney representing someone they know is guilty. Everyone needs a lawyer. We hear it every day. Does a msn who murdered his wife need a defense attorney?

Uh no. He should admit his guilt and take his punishment like a “man”. But here we are with two powerful women defending the worst!

I seriously doubt their clients were “wrongfully” accused.

That is not to say men aren’t wrongfully accused every day and they should have the best of attorneys. But I’m guessing most innocent men can’t afford expensive attorneys. We know these two women are very high priced. So if their duty is to defend the wrongfully accused, do it for free.

 

[crhedBngr]

I remember seeing one in the back of his truck. That was in the early days.

Good luck and I hope you find something, anything. Stay safe out there!

RBBM

I think the black item in the back secured with yellow cords might be an RTV.



JMVHO.

 

[MountainDad]

Gut

RBBM

I think the black item in the back secured with yellow cords might be an RTV.

View attachment 360781

JMVHO.

RBBM

I think the black item in the back secured with yellow cords might be an RTV.

View attachment 360781

JMVHO.

Yes, but that could have easily fell off during the move.

 

[mrjitty]

I have a problem with defence attorneys who mislead the Court

i don't care what they think about their clients guilt, but it takes a fair amount of brass neck and shamelessness to mislead the Court and the public about the case when your client is obviously guilty

 

[CGray123]

<modsnip: Quoted post was removed>

IIRC, British barristers cannot represent clients who admit they are guilty as charged - maybe some of our European counsel can confirm or correct this.

In any case, no similar rule exists in the US. But most US defense attorneys make a value judgement that even clients who are guilty of something should not be abused by the government, and that in defending their substantive and procedural rights to fair treatment, the attorneys are protecting all of us against the kind of arbitrary and abusive treatment that is very common in most other countries. The best defense counsel see this role as more important than the question whether a given client is guilty.

I don't see how we can remain a people with a right to be free of false arrest, overcharging, discriminatory enforcement and the many other documented types of abuse by the police, without competent, aggressive, ethical defense counsel who play this role. I respect them very much.

However, some attorneys come to see the struggle with authorities like Butch Cassidy saw the knife fight at Hole in the Wall: no rules apply. Some prosecutors see it the same way. BOTH should be removed from their roles and disciplined IMO.

 

[CGray123]

I am just wondering how this works procedurally.

In the search warrant example, there is no further procedure, so I understand why the affidavit might be 100 pages long. The Judge has to get up to speed with the investigation and why Probable Cause (PC) exists. Bharara explained that you have to tell the whole story basically.

Whereas seemingly in the case of arrest for murder, the Judge would be OK on a streamlined summary of the evidence - running to only a couple of pages.

But seeing as the Prelim did not take place until months later, is it the case that the State then immediately files the information and supporting affidavits relating to the charges in the information, that will lead ultimately to the prelim?

And of course the defence can immediately apply for release/bail which again would lead to at least some consideration of the case against the accused.

tldr;

does the detail stuff in the AA come into Court immediately, just in different documents supporting the information?

I am not sure I understand the question, but I'll take a stab at an answer. In Colorado, an Information or Indictment is a charging document: its role is to provide the accused with basic information what he is charged with, and why. It is not an evidentiary document and it requires no evidentiary support. It must meet the technical standards for notice under the Constitutional concept of Due Process.

The purpose of an arrest affidavit is to demonstrate to a judge that the authorities have probable cause to arrest the accused, and that the judge should therefore issue an arrest warrant. This serves as a basic check on the authority of the police and prosecutor and protects against arbitrary action. When a grand jury issues an indictment, this purpose is generally deemed fulfilled by the grand jury process (although in some cases a defendant can challenge the indictment as improvidently issued, in district court, after his arrest and arraignment).

A search warrant demonstrates to a judge that the evidence produced by an investigation demonstrates probable cause to search a person's property without consent. The facts presented must not only justify the intrusion on privacy rights, it must also support the scope of search requested by authorities. For this reason perhaps, significantly more evidence is presented in the affidavit that supports the request for a search warrant.

I'm not sure this answers your question, but as no attorney responded I'm filling in.

 

[Puzzles8]

Slightly O/T. AWP (Adventures With Purpose) has just found Kiely Rodni underwater in her car. She was a 16 yo that went missing after a party two weeks ago in Truckee CA. My thought are with her family and friends now.

I have a vague recollection that AWP was contacted regarding the search for Suzanne. I think they were waved off by someone. Anybody remember this?

JMO

ETA - Just found this feature by AWP on their involvement in the search for Suzanne.

866K views · 17 reactions | WATER SEARCH for SUZANNE MORPHEW..! (Missing Person Case) Searching a frozen mine and river for Suzanne Morphew on Monarch Pass with AK (Kurt) from TubeCrime outside of Salida, Colorado. We're searching this section of

WATER SEARCH for SUZANNE MORPHEW..! (Missing Person Case) Searching a frozen mine and river for Suzanne Morphew on Monarch Pass with AK (Kurt) from TubeCrime outside of Salida, Colorado. We're...

www.facebook.com

Still hoping she will be found.

 

[Murphy1950]

Hi puzzles!

Slightly O/T. AWP (Adventures With Purpose) has just found Kiely Rodni underwater in her car. She was a 16 yo that went missing after a party two weeks ago in Truckee CA. My thought are with her family and friends now.

I have a vague recollection that AWP was contacted regarding the search for Suzanne. I think they were waved off by someone. Anybody remember this?

JMO

Private dive team comes to Colorado to search for Suzanne Morphew

On Thursday, a private dive team will arrive in Colorado to search bodies of water between Salida and Denver.

kdvr.com

ETA" I had forgotten this until you mentioned it @Puzzles8 , I wonder now what was behind the harassment, these people are sincere in their efforts to help, not there for the notoriety.
Also the character on the bike during Andy's search...obviously in disguise.

@mrjitty regarding "i don't care what they think about their clients guilt, but it takes a fair amount of brass neck and shamelessness to mislead the Court and the public about the case when your client is obviously guilty.
Guilty client or not, no matter what their personal thoughts, I would think deliberately "misleading" is deemed an inappropriate technique in the practice of law. If an attorney is going to intentionally mislead why not intentionally plant evidence or outright lie . JMHO

 

[Love Never Fails]

IIRC, British barristers cannot represent clients who admit they are guilty as charged - maybe some of our European counsel can confirm or correct this.

In any case, no similar rule exists in the US. But most US defense attorneys make a value judgement that even clients who are guilty of something should not be abused by the government, and that in defending their substantive and procedural rights to fair treatment, the attorneys are protecting all of us against the kind of arbitrary and abusive treatment that is very common in most other countries. The best defense counsel see this role as more important than the question whether a given client is guilty.

I don't see how we can remain a people with a right to be free of false arrest, overcharging, discriminatory enforcement and the many other documented types of abuse by the police, without competent, aggressive, ethical defense counsel who play this role. I respect them very much.

However, some attorneys come to see the struggle with authorities like Butch Cassidy saw the knife fight at Hole in the Wall: no rules apply. Some prosecutors see it the same way. BOTH should be removed from their roles and disciplined IMO.

In your statement you said “ethical defense counsel who play this role”. Any attorney representing a killer, knowing he is a killer, is not ethical. That’s an oxymoron.

 

[Seattle1]

I have a vague recollection that AWP was contacted regarding the search for Suzanne. I think they were waved off by someone. Anybody remember this?

^^rsbm
I tend to associate AWP with vehicle/body recovery so this was a bit of a surprise. Nonetheless, I must have missed that they were somehow unwelcome in Salida??

 

[Puzzles8]

^^rsbm
I tend to associate AWP with vehicle/body recovery so this was a bit of a surprise. Nonetheless, I must have missed that they were somehow unwelcome in Salida??

Just a vague memory. I certainly didn't know who AWP was at the time. In retrospect, they were clearly involved in her water search.

866K views · 17 reactions | WATER SEARCH for SUZANNE MORPHEW..! (Missing Person Case) Searching a frozen mine and river for Suzanne Morphew on Monarch Pass with AK (Kurt) from TubeCrime outside of Salida, Colorado. We're searching this section of

WATER SEARCH for SUZANNE MORPHEW..! (Missing Person Case) Searching a frozen mine and river for Suzanne Morphew on Monarch Pass with AK (Kurt) from TubeCrime outside of Salida, Colorado. We're...

www.facebook.com

The only thing that has stuck in my mind was that certain volunteer search partys were threatened and 'were encouraged' to back off'.

Consider this IIRC, but I will try to go back and see if I can find this.

JMO

ETA - hoping to jog someone's memory.