Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #61 *ARREST*

[Hoss569]

So iirc, yesterday EOB was the deadline for the prosecution to deliver the 10,000 pages of discovery to the defense team. Wonder if that deadline was met, and if BM’s attorneys spent the night starting to pour over the discovery. Oh to be a fly on the wall to see/hear their reaction/discussion after going through all the evidence LE/DA have amassed against their client to date.

On another note, I understand one/part of reason that the defense wants the AA to remain sealed is to protect the Morphew daughters.
I really feel for and understand the daughter’s are victims, absolutely. IMO, they are victims of their selfish Father taking their Mother away from them and my heart truly breaks for MM & MM. They might not have even realized the full brunt/impact of everything they’ve been through this past year yet. I’m sure they love their Father and personally, cannot even imagine being in their position. I don’t know whether I’d want to read the AA or not, it’s totally their decision to make. I hope they are ok, have some loving support and find their way to some counseling at some point, if they haven’t already.

At any rate, I’ve never heard of this being used as a reason/request to keep an AA sealed, at least not that I can recall from previous cases I’ve followed, and wondering a couple things.
Isn’t protecting victims usually the DA/state’s responsibility, as in, providing witness/victim’s advocates, etc.?
I’m wondering if this is a request BM’s made/demanded of his attorneys? because he doesn’t want his daughter’s to be able to read the ugly truth, and/or stall tactic on his/his team’s part, don’t want to contaminate future jury pool? Combination of all of the above???

I mean, isn’t it just delaying the inevitable as it will all be coming out in court at future trial. Unless of course, BM still thinks he’s going to beat this and be absolved/released on bond/bail, or something? Yeah, I don’t think that’s gonna happen. Since he’s charged with M1, it’s my understanding he’s not eligible for bail in state of CO. Please correct me if I’m wrong. Also, state’s evidence is going to be presented at the Preliminary hearing in August, so yeah, I’m somewhat baffled by the request and reason to keep the AA sealed.

IANAL, but as it stands right now, the Judge is considering the defense request/reasons, the legality of said request/reasons and making a decision on whether or not to unseal the AA before the Preliminary hearing in August, is that correct?

Forgive me if this post is all over the place, sleepless nights are starting to catch up with me.

All of the above IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I would be surprised if the daughters even read the AA, at least now, maybe in the future they would be up for it.

 

[Momofthreeboys]

I believe the defense’s first strategy will be to ask for a change of venue bc of “pretrial publicity”. That is a ridiculous reason, imho, because there has been little media coverage of this case, especially since there are no major news outlets in the immediate Chaffee County area.

If the Defense tries throwing SM under “the bus” and blame her death on her, I think the judge will go after them like an unleashed mad man (in a professional way of course.)

I can’t imagine why anyone would “go after Suzanne”. Even if it comes up that there were issues in their marriage that doesn’t necessarily mean much other than an opening to trade down from Murder 1 to the passion defense.

 

[fcavanaugh]

I would be surprised if the daughters even read the AA, at least now, maybe in the future they would be up for it.

Oh I agree, my question is more to, is BM/his attorneys request/argument to keep the AA sealed to protect the M daughters a valid/legal one, or after such a request/reason is made, is it just left up to the Judge’s review/consideration/discretion whether or not to keep it sealed, and how the public’s right to know is considered/weighed against the defense’s argument.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

ETA-clarity

 

[Momofthreeboys]

Oh I agree, my question is more to, is BM/his attorneys request to keep the AA sealed to protect the M daughters a valid and/or legal one, and/or is it left up to the Judge’s review/discretion once the request is made.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

There could be damaging revelations about all kinds of things or family members, close friends of the family not necessarily just about Barry. And since Barry has not even been through the preliminary it is not beyond my thinking that the judge could keep it all sealed until he is bound over for trial and at which time it is ruled that there is enough evidence to warrant a trial at this time. To me it feels likely or the defense would not have gone for Murder 1 but on the other hand we still don’t know what evidence they actually have.

 

[CGray123]

Maybe some of our legal minds can weigh in, but what legal precedence could his defense team present to keeping the AA sealed? Just saying that it would be protecting the daughters, while sympathetic, isn't exactly a legal basis.

I am not an attorney but logically, the argument would have to be based on fairness of the process and ultimately, the fairness of the trial.

The only argument I can conceive is that the defense team intends to move to suppress the evidence that supports significant allegations in the AA, and until the court rules on those motions releasing the related factual conclusions to the public could unfairly influence potential jurors. I have no idea whether that argument could be successful. The evidence targeted for suppression would have to be the guts of the case, I would guess.

I don't think the court would feel an obligation to protect the daughters from exposure to the evidence. This should not outweigh the public's right to know.

Similarly, I wouldn't think the level of pretrial publicity in this case is pervasive enough to make it impossible to select an impartial jury panel in Chaffee County. The coverage would have to be extreme, and unfairly one-sided to overcome the public's right to know.

That said, the defense will make every argument it can, in good faith reliance on evidence and the law.

All MOO.

 

[Cindizzi]

I believe the defense’s first strategy will be to ask for a change of venue bc of “pretrial publicity”. That is a ridiculous reason, imho, because there has been little media coverage of this case, especially since there are no major news outlets in the immediate Chaffee County area.

If the Defense tries throwing SM under “the bus” and blame her death on her, I think the judge will go after them like an unleashed mad man (in a professional way of course.)

I must respectfully disagree that there has been little media coverage. Around last September when AM and PE were organizing a search and vigil, the case garnered Nationwide attention with Dateline NBC, Court TV, Good Morning America, Dr. Phil, Dr. Oz ,Crime Online with Nancy Grace, People Magazine and many Denver and Indiana outlets reporting on it. JMO

 

[Deleted member 222031]

Oh I agree, my question is more to, is BM/his attorneys request to keep the AA sealed to protect the M daughters a valid and/or legal one, and/or is it left up to the Judge’s review/discretion once the request is made.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I believe the AA will be released this month due to media outlets (led by the Denver Post) having made an open records request for it, as sleuthed in a previous thread (sorry I can't find the post to reference it). The media will appeal if ruled against and win its release, so it is just a matter of when, not if. The precedent of AAs being public information is well established. MOO

 

[fcavanaugh]

I believe the AA will be released this month due to media outlets (led by the Denver Post) having made an open records request for it, as sleuthed in a previous thread (sorry I can't find the post to reference it). The media will appeal if ruled against and win its release, so it is just a matter of when, not if. The precedent of AAs being public information is well established. MOO

Oh ok, somehow I missed/forgot the info about the Denver Post et al open records request, and that’s what I thought I remembered reading about the public’s right to know etc.
This gives me more hope we’ll be reading the AA soon.
Thanks for your response @IRBHTX, much appreciated!


IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[CGray123]

I lack the skills to do real legal research, but I think the case that put the pretrial publicity issue on the legal map so to speak is Sheppard v. Maxwell, 384 U.S. 333 (1966). I don't see how the Morphew case press coverage compares with the extreme facts that serve as the basis for the court's opinion. Again, I defer to the superior knowledge of WS experts.

 

[TIGER0822]

I have been thinking of the absolute terror SM faced when she realized BM was out of control and was going to kill her. The last few minutes of her life had to be worse than anyone of us could possibly imagine. I hope the prosecution has enough data to support the charges.

 

[Whiteorchids]

Oh I agree, my question is more to, is BM/his attorneys request/argument to keep the AA sealed to protect the M daughters a valid/legal one, or after such a request/reason is made, is it just left up to the Judge’s review/consideration/discretion whether or not to keep it sealed, and how the public’s right to know is considered/weighed against the defense’s argument.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

ETA-clarity

If it’s because of the daughters then they should never release any AA because isn’t their always a family member or friends that would get hurt from reading horrid details? Why should this case be any different their adults they can choose to read or not to read but by not releasing it this case is subject to speculation and rumors. It’s their Dads fault he should have thought about what this would do to his daughters.

 

[waldojabba]

New video posted from Lauren Scharf - a bit of a recap with her coworker photographer from Fox
Titled : Behind the Lens: The Suzanne Morphew Case Part 1
- Interview with JP about 25 mins in

 

[Cindizzi]

Oh ok, somehow I missed/forgot the info about the Denver Post et al open records request, and that’s what I thought I remembered reading about the public’s right to know etc.
This gives me more hope we’ll be reading the AA soon.
Thanks for your response @IRBHTX, much appreciated!


IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

The Managing Editor for the Denver Post tweeted this on May 27 at 5:05 p.m. just as the hearing ended.

The @denverpost and 10 other Colorado news orgs have filed a motion opposing the defense's request to keep this arrest affidavit sealed — even though our attorney can't read the defense's motion because it, too, is sealed

https://twitter.com/mattsebastian/status/1398052872281939976?s=21

 

[Cindizzi]

New video posted from Lauren Scharf - a bit of a recap with her coworker photographer from Fox
Titled : Behind the Lens: The Suzanne Morphew Case Part 1
- Interview with JP about 25 mins in

I am MOST interested at what JP is saying as I’m pretty sure that most of this has not been released before now.
He’s definitely a fast talker so I slowed the playback speed to 0.75x and it helps a lot to understand what he’s saying.

At 27:50 LS asks him if BM spent Saturday night at the hotel and he says he doesn’t know and then goes on to tell what he knows about BM’s whereabouts on Saturday.

He mentions what we’ve already heard from MG about her and BM working at the riverfront work site “for a couple of hours” and BM telling her he was going to go hiking or biking with the wife.

Then JP says he saw BM around lunch time or 1:00-2:00 Saturday afternoon HERE pointing to the ground meaning the company that he and LS are standing in where JP works (DSI ) . He says BM was there getting the bucket or plate on his bobcat worked on or fixed.

JP then says that BM was down at the Spa/Stove supply store “getting some stuff” around 4, 5 or 6:00 p.m. Saturday evening according to what the owners of the store told him weeks later. He says when he mentioned chlorine to the owners they looked at each other in a way that made JP think that maybe BM had bought chlorine from them.

Hope @OldCop sees this. Would love to see his proposed timeline again and if this affects it. JMO

 

[Error505]

I can’t imagine why anyone would “go after Suzanne”. Even if it comes up that there were issues in their marriage that doesn’t necessarily mean much other than an opening to trade down from Murder 1 to the passion defense.

You might be surprised what BM could come up with. Look at the lie Chris Watts first told in his “confession”.

Personally, I don’t put anything past BM when it comes to saving his own hide. Example 1 that we just heard about was the time GM asked BM about the $100k loan and BM told him to take it up with Suzanne, she was the one who borrowed the money. I have no doubt BM was the one who asked to borrow the $100k from GM for the CO home, and that’s why GM asked BM about repayment. BM had no problem going to GM and asking him to sign guardianship papers 2 weeks after SM was reported missing. What if BM says she committed suicide & he didn’t want the daughters to know and panicked? SM isn’t here to deny that claim. What if BM says she came at him with a gun, and it was self-defense? Lots of ways BM might blame SM as opposed to being convicted of M1. My humble opinion, I don’t put anything past BM when he’s in the hot seat! MOO

 

[Chelly]

Rereading some of the court reporting, I came across BM's upcoming court dates below

Judge orders prosecution to turn over arrest affidavit to defense in Morphew murder case - KRDO

"...For the time being, all other documents being released to the defense will remain sealed from the public.

Due to a crowded docket and a long backlog due to COVID-19, the the next hearing won't be until the end of summer.

Morphew is set to be back in court in August for a joint Proof Evident Presumption Great and Preliminary Hearing.

Those dates are:

• Monday, August 9 at 8 a.m.
• Tuesday, August 10 at 9:30 a.m.
• Monday, August 23 at 8 a.m.
• Tuesday, August 24 at 9:30 a.m...."

 

[Error505]

Rereading some of the court reporting, I came across BM's upcoming court dates below

Judge orders prosecution to turn over arrest affidavit to defense in Morphew murder case - KRDO

"...For the time being, all other documents being released to the defense will remain sealed from the public.

Due to a crowded docket and a long backlog due to COVID-19, the the next hearing won't be until the end of summer.

Morphew is set to be back in court in August for a joint Proof Evident Presumption Great and Preliminary Hearing.

Those dates are:

• Monday, August 9 at 8 a.m.
• Tuesday, August 10 at 9:30 a.m.
• Monday, August 23 at 8 a.m.
• Tuesday, August 24 at 9:30 a.m...."

Calendar marked! Thank you @Chelly

 

[Error505]

I must respectfully disagree that there has been little media coverage. Around last September when AM and PE were organizing a search and vigil, the case garnered Nationwide attention with Dateline NBC, Court TV, Good Morning America, Dr. Phil, Dr. Oz ,Crime Online with Nancy Grace, People Magazine and many Denver and Indiana outlets reporting on it. JMO

I understand what you’re saying, but the media attention garnered by the big search effort lasted for less than 2 weeks, then everything got pretty quiet again. There was a Christmas tree dedicated to SM, but the last vigil was barely attended. There are still a few people around Salida that don’t even know about SM missing. People get busy with their own life and go on. I noticed the msm articles about SM because I’m following her case, but not a lot of people do. Outside the true crime community & SMs hometown in IN and Salida, there’s very little written or reported on. And let’s face it, women go missing way, way too often. John Q Public is busy living life. MOO

 

[Momofthreeboys]

I must respectfully disagree that there has been little media coverage. Around last September when AM and PE were organizing a search and vigil, the case garnered Nationwide attention with Dateline NBC, Court TV, Good Morning America, Dr. Phil, Dr. Oz ,Crime Online with Nancy Grace, People Magazine and many Denver and Indiana outlets reporting on it. JMO

But there is relatively zero evidence for the main stream media to report so coverage has been very limited. It is fairly easy to go back. I would hazard a guess that people watching Nancy Grace is fairly small and the jury won’t be coming from Indiana or even Denver. I will be surprised if they look for a change of venue.

 

[DizzyB]

I must respectfully disagree that there has been little media coverage. Around last September when AM and PE were organizing a search and vigil, the case garnered Nationwide attention with Dateline NBC, Court TV, Good Morning America, Dr. Phil, Dr. Oz ,Crime Online with Nancy Grace, People Magazine and many Denver and Indiana outlets reporting on it. JMO

Chaffee County is probably the best place for the trial to take place-no change of venue necessary. I remember people barely being interested and there was very little local press.