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

[Gigi3]

Who writes the AA? I have concerns about the unnecessary information included, that the Judge has ruled not relevant to probable cause and possibly not admissible at trial. Isn’t the AA about probable cause? I don’t want Barry’s attorneys to have anything that they can use to get him off on a technicality. Would an AA be written this way for any particular purpose or was the writer unskilled in the process?

I’m definitely NOT a lawyer lol, so I’m not sure.
The AA shows probable cause, and a judge had to sign off on it for Barry’s arrest.

This additional information may not be admissible at trial, but I think they would have to have another hearing to determine that after the preliminary.

I would rather them have more information than not enough. JMO.

 

[SouthAussie]

Who writes the AA? I have concerns about the unnecessary information included, that the Judge has ruled not relevant to probable cause and possibly not admissible at trial. Isn’t the AA about probable cause? I don’t want Barry’s attorneys to have anything that they can use to get him off on a technicality. Would an AA be written this way for any particular purpose or was the writer unskilled in the process?

Affidavit is a sworn statement that a person has committed a crime against the complainant on a specific date.

The affidavit is affirmed to a clerk of court and then is submitted to the judge. The judge then reads the complaint and determines if "probable cause" exist to believe the person committed the crime.

If probable cause exist then the judge signs the affidavit which then becomes a warrant. The person then has an arrest warrant for him.

Probable cause is not enough for a conviction. It is just that there is probable cause to believe the person committed the crime. There must be "proof beyond a reasonable doubt" in order to get a conviction.

FAQs • Natchez, MS • CivicEngage

 

[Gigi3]

@gitana1, @riolove77 @Alethea
Calling in the lawyers that I can think of.... can y’all help us out with understanding this latest news??

 

[K9Enzo]

Page 3. First, the courts have concerns about the amount of information contained in the the 130 page affidavit .... then it’s says it’s the lengthiest in the past 30 years of criminal cases for that court.

We will all look at today’s info differently. This does not scream super tight case to me.

Also, why am I feeling there’s information in the AA that paints others in a bad light? Such as someone considered a victim. IMO

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Order Limit Public Redacted.pdf?fbclid=IwAR2D53zHkD9-DwpJoXJe5grS5JTOGv-1kcEz7JPCzJ7IoZ7mtpe_PuAO4-k

 

[Gigi3]

Isn’t it Barry’s defense that wants this AA sealed?

 

[PaulaDC]

Educating myself about chlorine here while we await the release of the AA.

Chlorine is highly concentrated and 4 - 6 times stronger than liquid bleach.

The tablets take about a week to dissolve, so not a good choice for this, um ... application.

The liquid version would be serious overkill in a standard hotel bathtub which only holds about 35 - 50 gallons of water. The smell would be overwhelming especially in a small space like a hotel room.

According to the CDC, chlorine exposure can cause a burning sensation in the nose, throat, and eyes, (as reported by MG in her interview with LS). It can also cause skin redness and blistering. (Did LE see evidence of this on Sunday evening?)

Liquid Chlorine: Here's Everything You Need To Know

CDC | Facts About Chlorine

Chlorine tabs crumble. Break it up and it dissolves quickly.

 

[Gigi3]

Chlorine tabs crumble. Break it up and it dissolves quickly.

Yes! Especially, in hot water!

 

[10ofRods]

Who writes the AA? I have concerns about the unnecessary information included, that the Judge has ruled not relevant to probable cause and possibly not admissible at trial. Isn’t the AA about probable cause? I don’t want Barry’s attorneys to have anything that they can use to get him off on a technicality. Would an AA be written this way for any particular purpose or was the writer unskilled in the process?

Typically, one investigator who specializes in writing AA's does the writing, based on a compilation of all the pertinent evidence known to LE at that time.

Probable cause is tricky. Typically, LE wants to put in as much cause as possible - to get over and past the line of "probable." Surely, no one wants to write an "almost probable" cause document.

There is no doubt in my mind about the skill of the writer. These writers are factual, typically go in chronological order, and simply summarize dozens (or in this case, perhaps hundreds) of individual investigative reports.

Have you read an A.A. before? Here's one from the Gannon Stauch case (warning: is grim):

DocumentCloud

The judge in Suzanne's case is being careful and circumspect - there are likely many reasons why he wants to wait.

There's just really not much wiggle room in an AA. The reports are on file, have been read many times by many different LE and DA staff, and it all goes to the judge. If you're thinking they should have made it shorter, I'm not so sure - I'd err on the side of completing the AA with all the possible evidence.

 

[Whiteorchids]

Barry won this round. I can see it now a no body circumstantial case BM’s attorneys are going to poke as many holes in this AA as swiss cheese. Dru Nielsen was a public defender in Colorado can someone see if this judge was on on the bench in any of her cases? I’m curious. I’m at work so I can’t

 

[MsBetsy]

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

Yes, that's another important thing to consider. Some of the statements we've heard so far, such as the hotel room reeking of chlorine, Barry sounding like he just had the worst night of his life, the loud noise heard in the middle of the night at the construction site, the sound of a truck outside MG's house at four in the morning, the mail in the garbage being his alibi, Barry rummaging through the garbage at the store, etc, can all be considered prejudicial and probably won't even be admissible if not backed up by supporting evidence.

And that's only the information we've heard about. I still wish we had a clue of what physical evidence they have or what proof LE has that Suzanne is deceased.

 

[Cindizzi]

Who writes the AA? I have concerns about the unnecessary information included, that the Judge has ruled not relevant to probable cause and possibly not admissible at trial. Isn’t the AA about probable cause? I don’t want Barry’s attorneys to have anything that they can use to get him off on a technicality. Would an AA be written this way for any particular purpose or was the writer unskilled in the process?

Every AA I’ve seen was written by a detective or police officer. Frazee’s 12 page AA the affiant was the Woodland Park PD Cmdr.
Stauch’s 32 page AA the affiant is a Detective and she states that much of it was prepared by an FBI Special Agent.

 

[Momofthreeboys]

Affidavit is a sworn statement that a person has committed a crime against the complainant on a specific date.

The affidavit is affirmed to a clerk of court and then is submitted to the judge. The judge then reads the complaint and determines if "probable cause" exist to believe the person committed the crime.

If probable cause exist then the judge signs the affidavit which then becomes a warrant. The person then has an arrest warrant for him.

Probable cause is not enough for a conviction. It is just that there is probable cause to believe the person committed the crime. There must be "proof beyond a reasonable doubt" in order to get a conviction.

FAQs • Natchez, MS • CivicEngage

Well and one more step between arrest and trial. Either a grand jury hears evidence or there is a preliminary where the prosecution presents and the defense is present to determine if the charges and arrested person will stand trial. It is after this and if Barry is bound over for trial is when the judge indicated he would release. I think that is a very sensible move on the part of the judge given the circumstances.

There were lots of things in the Frazee case that never made the preliminary and never made trial like Kelsey’s gun that ended up with Krystal and the second gun that was in the car Krystal borrowed that was reported to be missing a bullet...neither made trial and the prosecutor convinced the jury Kelsey was bludgeoned with a never located baseball bat. So probably large portions of whatever got written into the Morphew warrant are not going to be used or allowed to be used.

 

[TKG]

Just curious if anyone has any idea on what this defense may cost? Range wise, are we talking 100k? 500k? He is essentially paying them to find a technicality that will lessen or eradicate the charges all together. As sickening as that thought may be..

 

[Gigi3]

Typically, one investigator who specializes in writing AA's does the writing, based on a compilation of all the pertinent evidence known to LE at that time.

Probable cause is tricky. Typically, LE wants to put in as much cause as possible - to get over and past the line of "probable." Surely, no one wants to write an "almost probable" cause document.

There is no doubt in my mind about the skill of the writer. These writers are factual, typically go in chronological order, and simply summarize dozens (or in this case, perhaps hundreds) of individual investigative reports.

Have you read an A.A. before? Here's one from the Gannon Stauch case (warning: is grim):

DocumentCloud

The judge in Suzanne's case is being careful and circumspect - there are likely many reasons why he wants to wait.

There's just really not much wiggle room in an AA. The reports are on file, have been read many times by many different LE and DA staff, and it all goes to the judge. If you're thinking they should have made it shorter, I'm not so sure - I'd err on the side of completing the AA with all the possible evidence.

Thank you! This is what I needed to hear!

 

[SouthAussie]

Well and one more step between arrest and trial. Either a grand jury hears evidence or there is a preliminary where the prosecution presents and the defense is present to determine if the charges and arrested person will stand trial. It is after this and if Barry is bound over for trial is when the judge indicated he would release. I think that is a very sensible move on the part of the judge given the circumstances.

Yes. As much as I would like to read the AA yesterday (!!!!!) I don't want to see any challenge/appeal about a fair trial later on. So whatever the judge has to do to try to ensure that, has to be done. IMO

 

[girlhasnoname]

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...."

Not soon enough for me, but I'll take what I can get knowing BM is in his 'cage'.

I wonder if he's frequenting the prison gym much these days? You know he has to keep up the stellar physique.

 

[girlhasnoname]

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

I agree, it isn't a Lacey Peterson or Caylee Anthony type of publicity case, nonetheless a horrible one.

 

[Cindizzi]

Barry won this round. I can see it now a no body circumstantial case BM’s attorneys are going to poke as many holes in this AA as swiss cheese. Dru Nielsen was a public defender in Colorado can someone see if this judge was on on the bench in any of her cases? I’m curious. I’m at work so I can’t

He was a PD himself for 20 years before becoming a Judge. IMO DN has not been before him unless she’s been on a case in Chaffee County. I think she has had more big-city clients. JMO
Remember in the May 27 hearing she offered to buy LE tape recorders to tape witnesses and Judge said “ Hey, I know we’re out in the sticks here... “.
Still cracks me up.

Colorado Judicial Branch - Bio

Judge Murphy is a Colorado native and a graduate of Denver East High School. He earned a degree in American History from the University of Pennsylvania and his law degree from the University of Colorado School of Law. Judge Murphy worked as a Deputy State Public Defender for 20 years prior to his appointment as District Court judge. For 10 of those years, he headed the Salida Regional Office of the Colorado State Public Defender. Judge Murphy has lived and worked in the 11th Judicial District since 1995. Judge Murphy serves as the Chief Judge of the district and hears cases primarily in Chaffee County (Salida).

 

[girlhasnoname]

I want to think that, too, but he's been charged with premeditated murder. Maybe he only planned it a day in advance, but the State of Colorado believes he didn't kill her accidentally or in a fit of rage.

Absolutely, and there is no way in he l l the state would bring those charges in a 'no body' case without some serious evidence.

JMO

 

[Deleted member 222031]

I just worry that the daughter's testimonies could be in favor of BM and not against.
Either way, they are being protected in the AA and I agree, I dont ever remember seeing that before, at least in any case I have followed.
JMO

I wonder what legal jeopardy, if any, the AA places the daughters in. The judge has weighed the public interest against their's and heavily leaned in their direction. He states that one daughter still lives in Salida. The length of the AA may be outside this judge's experience but unless it's a random fishing expedition or he questions the judgment of the court that authorized it, his criticism on that point seems odd to me.
EBM