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

[OCanada]

From an earlier post: I don't think Barry wanted JP in Broomfield.I think Barry needed JP NOT IN SALIDA. JP saw too much!!!!

Trying to get caught up--what may JP have seen? Thanks.

 

[Diddian]

Colorado needs a law that substantially increases the sentence when the murderer uses the remoteness and/or vast rugged terrain of that beautiful state to secret a body, thus increasing the substantial burden of the State in gathering evidence to prove the victim has died and that criminality was involved. Something like for every month the body remains hidden beyond the disappearance date, another 5 years added to the sentence if there is a conviction in the victim's murder.

Because there are just too many cases... and there is too great an incentive for the murderer to keep his mouth shut in Colorado.

And here we have the Court giving substantial deference to not just the defendant, but also those close to the defendant (family members AND witnesses), so the secrecy first initiated by SM's alleged murderer continues for another 3 months while the victim's body (her incapacitated body, according to the guardianship petition) continues to deteriorate, assuming her murderer left anything to deteriorate.

 

[Cindizzi]

From an earlier post: I don't think Barry wanted JP in Broomfield.I think Barry needed JP NOT IN SALIDA. JP saw too much!!!!

Trying to get caught up--what may JP have seen? Thanks.

In video LS released yesterday with more of the JP interview, he tells her he saw BM around lunchtime ( could be Noon or 1:00 or 2:00) on Saturday May 9 at his workplace DSI fixing a plate or bucket on the bobcat. After BM told MG he was going home to make the wife happy.

 

[MrsWatson]

I took the part about witness credibility at a premium to mean the judge doesn't want BM to know who has said what because it may endanger the witness, the trial, or he'll be writing notes on paper towels like Frazee did.

 

[Diddian]

I took the part about witness credibility at a premium to mean the judge doesn't want BM to know who has said what because it may endanger the witness, the trial, or he'll be writing notes on paper towels like Frazee did.

BM and his attorneys will have access to the full, unredacted arrest affidavit to prepare their defense, as they should have. They also, as of this past Wed, were to have gained dicovery of the remainder of the evidence to be used against BM in court.

 

[Cindizzi]

I took the part about witness credibility at a premium to mean the judge doesn't want BM to know who has said what because it may endanger the witness, the trial, or he'll be writing notes on paper towels like Frazee did.

But it’s only sealed and/or redacted from the public, correct? Doesn’t his Defense have full Discovery and can share with him? IANAL obviously. JMO

 

[Gigi3]

Colorado needs a law that substantially increases the sentence when the murderer uses the remoteness and/or vast rugged terrain of that beautiful state to secret a body, thus increasing the substantial burden of the State in gathering evidence to prove the victim has died and that criminality was involved. Something like for every month the body remains hidden beyond the disappearance date, another 5 years added to the sentence if there is a conviction in the victim's murder.

Because there are just too many cases... and there is too great an incentive for the murderer to keep his mouth shut in Colorado.

And here we have the Court giving substantial deference to not just the defendant, but also those close to the defendant (family members AND witnesses), so the secrecy first initiated by SM's alleged murderer continues for another 3 months while the victim's body (her incapacitated body, according to the guardianship petition) continues to deteriorate, assuming her murderer left anything to deteriorate.

This!!!
Great post! JMO

 

[Gigi3]

This is reminding me of the Kelsey Berreth case. We had to wait until after the preliminary hearing to see the AA.

I have a feeling this AA will be just as damning here. I think there will be several witnesses that will speak very negatively of Barry, and his defense doesn’t want any of that out there to taint a jury pool. JMO.

 

[Flicka1]

This is reminding me of the Kelsey Berreth case. We had to wait until after the preliminary hearing to see the AA.

I have a feeling this AA will be just as damning here. I think there will be several witnesses that will speak very negatively of Barry, and his defense doesn’t want any of that out there to taint a jury pool. JMO.

Definitely reminds me of the Kelsey Barreth case too. I am leaning towards your thoughts on this too—Judge is being careful to ensure a fair trial. There has to be some pretty good evidence in the AA.

 

[fcavanaugh]

Arrest affidavit in 21CR78, People v. Barry Morphew, to remain sealed until at least 7 days after final day of August proof evident/presumption great and preliminary hearing under order issued today, 6/4: courts.state.co.us/Courts/Distric… #CoLaw

https://twitter.com/cocourts/status/1400919105880805382?s=21

Thanks for posting @Cindizzi.
Very disappointed. Again, protecting the daughters is mentioned and about giving them time, to read/process? There have been and are children in a lot of murder cases affected and again, can’t recall this being mentioned/considered in any of the previous Spousal/Partner murder cases I’ve followed. I’m thinking maybe, could be that the daughters provided witness testimony.

There must be lots of witness testimony that paints BM in a negative light and very damning for BM. Also, likely concerned about potential tainting of jury pool and ensuring BM receives a fair trial.

So we have to wait another 3 months,ugh.
Gonna be a long summer.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Cindizzi]

Judge files order keeping arrest affidavit for Barry Morphew sealed | FOX21 News Colorado

CHAFFEE COUNTY, Colo. — The arrest warrant affidavit for Barry Morphew, the husband accused of killing his wife, Suzanne Morphew, will remain sealed through the summer months, according to an order filed Friday by the judge.

Suzanne Morphew, 49, was reported missing over Mother’s Day Weekend in 2020. In a press conference in May, Chaffee County Sheriff John Spezze said that although no body has been recovered, his “belief is that Suzanne is not alive at this time.”

The order filed Friday states the sealing of the affidavit is to protect the victims and witnesses in this case. The court also wants to prevent harassment, abuses or intimidation of the victims, and their right to be treated with fairness, respect and diginity.

The order will expire 7 days after the conclusion of the Proof Evidence Presumption Great Hearing and Preliminary Hearing, which is scheduled to be completed on August 24, 2021. The court has concerns with the amount of information in the 130-page affidavit.

Only judges, court staff, parties to the case, and other authorized Judicial Department staff shall have access to the original court record.

Barry Morphew faces seven charges:

• Murder in the first degree
• Tampering with a deceased human body
• Tampering with physical evidence
• Possession of a dangerous weapon – short rifle
• Attempt to influence a public servant
• Forgery of Public Records
• Misdemeanor Elections-mail ballot offense

Morphew was arrested without incident on May 5. Morphew hired two attorney’s Iris Eytan and Dru Nielsen. Morphew has maintained his innocence. His next court appearance is scheduled for August 9th.

 

[Deleted member 222031]

Thanks for posting @Cindizzi.
Very disappointed. Again, protecting the daughters is mentioned and about giving them time, to read/process? There are children in a lot of murder cases affected, I’m thinking maybe they provided witness testimony. There must be lots of witness testimony that paints BM in a very negative light which is very damning for BM, and worried about ensuring BM gets a fair trial and potential contamination of jury pool.

So we have to wait another 3 months, ugh.
Gonns be a long summer.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I'm still not convinced it will remain sealed until the end of August. The media are going to appeal in the public interest/right to know. So we shall see if protecting the daughters and potential witnesses weighs more heavily than that. I say, "Stay tuned." JMHO

 

[TKG]

I took the part about witness credibility at a premium to mean the judge doesn't want BM to know who has said what because it may endanger the witness, the trial, or he'll be writing notes on paper towels like Frazee did.

BM has access to the AA correct? I understand he and his defense have access so he knows.

 

[Gigi3]

Thanks for posting @Cindizzi.
Very disappointed. Again, protecting the daughters is mentioned and about giving them time, to read/process? There are children in a lot of murder cases affected and again, can’t recall this being mentioned in any of the previous cases I’ve followed. I’m thinking maybe they provided witness testimony.
There must be lots of witness testimony that paints BM in a very negative light which is very damning for BM, and worried about ensuring BM gets a fair trial and potential contamination of jury pool.

So we have to wait another 3 months, ugh.
Gonns be a long summer.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

Totally agree about the daughters and the various other children in murder cases! How is that even fair to other victims?

I’m wondering now if LE found other infidelities and they may be called to testify? I’m sure that would be a slap in the face for his daughters. Those girls will have a lot to deal with in the coming months.

 

[TIGER0822]

I have been thinking about a motive. Financial comes to mind. Also I recall that early on when AM flew to CO a couple of days after SM went missing, he said that he was talking with BM and that BM mentioned that he could not bare the thought of Suzanne being abducted, because that would mean some one has her. There may have been a person who was very special to SM. (This is no way implies SM was having an affair). BM may have felt threatened by this friendship and decided that if he could not have her, no one else could.

 

[Deleted member 222031]

Totally agree about the daughters and the various other children in murder cases! How is that even fair to other victims?

I’m wondering now if LE found other infidelities and they may be called to testify? I’m sure that would be a slap in the face for his daughters. Those girls will have a lot to deal with in the coming months.

Yes, the daughters will have a lot to deal with, especially if the AA is released before the prelim. But, when you think about it, that is totally & completely BM's fault, not the state's! If you do the crime......just sayin' - MOO (not so humble!)

 

[Ontario Mom]

But it’s only sealed and/or redacted from the public, correct? Doesn’t his Defense have full Discovery and can share with him? IANAL obviously. JMO

Just jumping off your post:

In the first paragraph of the conclusion on the last page it states who has access to the AA:
"only judges, court staff, parties to the case (and, if represented, their attorneys in that case)and other authorized Judicial Department staff shall have access to the original court record".
https://www.courts.state.co.us/user...21CR78/21CR78 Order Limit Public Redacted.pdf

 

[Momofthreeboys]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Order Limit Public Redacted.pdf

I had a feeling this would happen. I suspect there is a lot of “stuff” in those documents that will never make it to court in addition to concern for anyone named in those documents and the family. A very wise judge indeed.

 

[TKG]

Yes, the daughters will have a lot to deal with, especially if the AA is released before the prelim. But, when you think about it, that is totally & completely BM's fault, not the state's! If you do the crime......just sayin' - MOO (not so humble!)

While I understand that the daughters are in an unimaginable position. I agree that although not in their control, it was in their father's control. My hope is that the judge is being extra cautious trying to ensure that BM is convicted of crimes committed.

A few things:

1. Why is this so different as other WSers have pointed out? Why isn't every AA in M1 cases with (all have) innocent victims protected? I don't think this is the right precedence here. Somewhat of a slap in the face to other M1 cases..

2. Witnesses. Plural.

3. I found the statement regarding extraneous information that may be deemed inadmissible worrisome. Any of our amazing legal minds have opinions on this?

 

[SouthAussie]

I really think that the sealing of the document could be more about a fair trial, and somewhat less about protecting the victims - although that is certainly a mentioned factor, as well as protecting witnesses during an ongoing investigation.

At the end of the document (page 5 & 6) it addresses media concerns ... and says things like:

"The amount of prejudice is relevant and it is more significant given the length and breadth of this Affidavit"

" ... regardless of the means imposed by the trial judge to insure the accused's constitutional right to a fair trial by a panel of impartial jurors, the critical inquiry is whether the chosen means did in fact preserve the accused's right to a fair trial"

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Order Limit Public Redacted.pdf