Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #65 *ARREST*

[al66pine]

MSM Accuracy? Plea Negotiations?

.... Most criminal justice in Colorado comes through plea deals....

@SouthAussie Thanks for your post. bbm sbm Not directing this post at you but at stmts in link.* My point: MSM reports are only as accurate as sources quoted, if reporter does not do independent research, conduct further interviews, etc. The article seems to suggest each & every individual atty w'in a fed dist atty or st. prosecutor's office is free to play/negotiate according to that individual's whim.

A 10 min search online w a few phrases would have uncovered the following info, which undermines accuracy of two stmts below. Just using these as examples w verbatim quotes in italics.

Stmt 1. No fed or state rules for prosecutors about plea negotiations.
"Prosecutors have wide discretion when making plea offers, and there are no federal or state rules on what offers should be made under what circumstances, Johnson said." (Johnson**)

Wide discretion for prosecutors? Yes, agreeing there is. Can fed or st prosecutors prosecute every case? No, not enough $$$, staff, or time. Gotta have discretion.
As to 'no fed rules' what about several sections of US DoJ's "Justice Manual" *** on pleas?

Stmt 2. Little oversight.
"Individual district attorneys may set policies for their offices, but aside from that, there’s very little oversight as to what offers are made and to whom."* Also per Johnson.

Saying "individual district attorneys may set policies" is a gross understatement, ignoring US DoJ's "Justice Manual, which sets fed policy nationwide for plea negotiations. It specifies "supervisory attorneys" must approve plea agreements in criminal cases iiuc, but some pleas (e.g., nolo contendere & Alford) must be approved by Assistant Attorney General responsible for the subject matter (ex: IRS or Sec'y of Labor) or by the Associate Attorney General, Deputy Attorney General or the Attorney General. The Manual also requires similar higher approval levels for certain types of crime offenses.

My 2ct: Not saying our current systems are perfect. Saying: Fed & state statutes & procedures for plea negotiations already in place for criminal cases do not allow attys to run riot like a free-for-all in the old Wild West. And sometimes MSM merely relays info as their sources provide, without further question.
Finally, although a plea agreement may be reached on some charges against BM, I doubt it's likely on this M-1 case.

Also this post addresses only fed cases, not CO as I did not dig down into state law or protocol.
__________________________________________
* Most criminal justice in Colorado comes through plea deals. Denver Post, Nov 2, 2020.
This, from ^ story: "Akhi Johnson, a deputy director Vera Institute, a national nonprofit research center, to look for racial disparities in arrests, jail bookings, plea offers, charging decisions and sentencing."
** Johnson's bio: Akhi Johnson | Vera Institute
His employer: Vera Institute of Justice
*** "PLEAS - FEDERAL RULE OF CRIMINAL PROCEDURE 11."
Title 9: Criminal
United States Attorneys may not consent to a plea of nolo contendere except in the most unusual circumstances and only after a recommendation for doing so has been approved by the Assistant Attorney General responsible for the subject matter or by the Associate Attorney General, Deputy Attorney General or the Attorney General.

 

[jondaba]

Sorry. Willing to learn but dont get your point.

 

[Seattle1]

Without some investigative journalism, we probably can't really rely on stats IMO - criminal courts in CO withhold all they can from public release as a matter of course. Maybe (just maybe) that will begin to change as Rule 55.1 requires judges to affirmatively explain ON THE RECORD why they are withholding documents, actions and decisions that are presumptively public. The media's AA "appeal" & the judge's response telling them "No" never made it to the public case docket!

Colorado Judicial Branch

EBM to add link to docket.

^^bbm

Actually, the Media Consortiums motion ("appeal") and the response ("No") were both sealed by the court pursuant to the language in C.R.C.P. 55.1(2) requiring that the clerk “make the motion [to limit public access] and the response inaccessible to the public pending the court's resolution of the motion,” and therefore not posted to the public court site.

However, in the court's Order denying the Media Consortium's Request for Reconsideration, the court has unsealed both documents.

I expect each will be uploaded to the public site when convenient to the clerk.

From the Order On Motion [DENIED] (D-7):

This implies that these documents could also be unsealed after the Court has granted the motion. Given the content of the Media Consortium’s Response, the Court will unseal it. As well as the Media’s Motion for Reconsideration.

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

 

[jondaba]

^^bbm

Actually, the Media Consortiums motion ("appeal") and the response were both sealed by the court pursuant to the language in C.R.C.P. 55.1(2) requiring that the clerk “make the motion [to limit public access] and the response inaccessible to the public pending the court's resolution of the motion,” and therefore not posted to the public court site.

However, in the court's Order denying the Media Consortium's Request for Reconsideration, the court has unsealed both documents.

I expect each will be uploaded to the public site when convenient to the clerk.

From the Order On Motion [DENIED] (D-7):

This implies that these documents could also be unsealed after the Court has granted the motion. Given the content of the Media Consortium’s Response, the Court will unseal it. As well as the Media’s Motion for Reconsideration.

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

 

[jondaba]

Great post, Seattle1!

We won’t sleep until Barry’s on ice for good!

 

[al66pine]

Sorry. Willing to learn but dont get your point.

@jondaba
Respectfully, which post? Time? Date? User name? to ID the post you're referring to? TiA.

 

[jondaba]

@jondaba
Respectfully, which post? Time? Date? User name? to ID the post you're referring to? TiA.

I see now your post re plea bargaining was not addressed to me.

 

[Seattle1]

Stmt 2. Little oversight.
"Individual district attorneys may set policies for their offices, but aside from that, there’s very little oversight as to what offers are made and to whom."* Also per Johnson.

Saying "individual district attorneys may set policies" is a gross understatement, ignoring US DoJ's "Justice Manual, which sets fed policy nationwide for plea negotiations. It specifies "supervisory attorneys" must approve plea agreements in criminal cases iiuc, but some pleas (e.g., nolo contendere & Alford) must be approved by Assistant Attorney General responsible for the subject matter (ex: IRS or Sec'y of Labor) or by the Associate Attorney General, Deputy Attorney General or the Attorney General. The Manual also requires similar higher approval levels for certain types of crime offenses.

^^rsbm

The majority of criminal cases discussed on WS are state cases, governed by the criminal code of each respective state, established by their state legislatures. As such, I found the reference to US DOJ Manual confusing and offer the following.

Individual county, District Attorneys do set policies consistent with their state criminal code. They are not governed by the Department of Justice (DOJ) policies and procedures.

DOJ applies to federal cases only.

1-1.000 - Introduction

1-1.200 - Authority

The Justice Manual is prepared under the supervision of the Attorney General and under the direction of the Deputy Attorney General. The Executive Office for United States Attorneys (EOUSA) coordinates the revision of the Justice Manual in consultation with Department components and leadership. When the Justice Manual conflicts with earlier DOJ statements, the Justice Manual controls.

The Justice Manual provides internal DOJ guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litigation prerogatives of DOJ.

[updated April 2018]

ETA: I was paywalled from the linked article but the Vera Institute of Justice is essential a federally funded non-profit.

 

[al66pine]

....Individual county, District Attorneys do set policies consistent with their state criminal code. They are not governed by the Department of Justice (DOJ) policies and procedures. DOJ applies to federal cases only....

@Seattle1 sbm bbm. Re: bbm. yes, I am aware. In rereading my post, I see room for possible confusion for some Sleuthers, so thanks for your post, clarifying for everyone.

My post said:
"My point: MSM reports are only as accurate as sources quoted, if reporter does not do independent research, conduct further interviews, etc. The article seems to suggest each & every individual atty w'in a fed dist atty or st. prosecutor's office is free to play/negotiate according to that individual's whim." bbm to my own post.
Not true for state cases, not true foe federal cases.

"Also this post addresses only fed cases, not CO as I did not dig down into state law or protocol."

My apologies to anyone who was uncertain about the post, which was meant to focus on MSM reporting.

 

[SouthAussie]

@Seattle1 sbm bbm. Re: bbm. yes, I am aware. In rereading my post, I see room for possible confusion for some Sleuthers, so thanks for your post, clarifying for everyone.

My post said:
"My point: MSM reports are only as accurate as sources quoted, if reporter does not do independent research, conduct further interviews, etc. The article seems to suggest each & every individual atty w'in a fed dist atty or st. prosecutor's office is free to play/negotiate according to that individual's whim." bbm to my own post.
Not true for state cases, not true foe federal cases.

"Also this post addresses only fed cases, not CO as I did not dig down into state law or protocol."

My apologies to anyone who was uncertain about the post, which was meant to focus on MSM reporting.

I think that attorneys and DAs can discuss whatever plea deal they want, can't they? It is the judge who will give the final approval/disproval.

I would also think that the attorneys and DA might have a good indication of what the judge/law will allow, going by precedent (and common sense).

I do understand that you are questioning the veracity of MSM reporting. It sounded like they did their homework of whatever is available in public information ...... "according to state data".


A judge has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
To evaluate a proposed plea bargain, the judge must know all the terms of the deal, including any future conditions or unusual aspects.
How Judges Accept and Reject Plea Deals

 

[Seattle1]

I think that attorneys and DAs can discuss whatever plea deal they want, can't they? It is the judge who will give the final approval/disproval.

I would also think that the attorneys and DA might have a good indication of what the judge/law will allow, going by precedent (and common sense).

I do understand that you are questioning the veracity of MSM reporting. It sounded like they did their homework of whatever is available in public information ...... "according to state data".


A judge has discretion to decide whether to accept or reject a plea agreement. To make that decision, the judge evaluates whether the punishment is appropriate in light of the seriousness of the charges, the defendant's character, and the defendant's prior criminal record.
To evaluate a proposed plea bargain, the judge must know all the terms of the deal, including any future conditions or unusual aspects.
How Judges Accept and Reject Plea Deals

I agree. I've never heard of a plea deal that wasn't subject to the approval of the Judge.

 

[Scootie98]

I agree. I've never heard of a plea deal that wasn't subject to the approval of the Judge.

yes, this is true...but, it is even more rare for a judge to reject a plea deal after both sides have settled on the terms, I would think.

 

[girlhasnoname]

Maybe one of his new veneers has been chipped

Hah, that made lol. I honestly think ole' Barry had some face work done, did he get veneers too?

 

[Seattle1]

Hah, that made lol. I honestly think ole' Barry had some face work done, did he get veneers too?

Let's compare:

Now

Then

Photo links:

Barry Morphew's Neighbor Reacts To Murder Charges In Suzanne Morphew Case: 'My Heart Goes Out To His Daughters'

Murder suspect Barry Morphew was drafted by MLB team the Toronto Blue Jays

 

[girlhasnoname]

Let's compare:

Photo links:

Barry Morphew's Neighbor Reacts To Murder Charges In Suzanne Morphew Case: 'My Heart Goes Out To His Daughters'

Murder suspect Barry Morphew was drafted by MLB team the Toronto Blue Jays

Yep, definitely some new chompers. Vanity thy name is Barry.

 

[susiQ]

Hah, that made lol. I honestly think ole' Barry had some face work done, did he get veneers too?

He definitely had work done on his eye lids too. Regrettably, for him, it did not in the least bit improve his looks. Not to mention, BM fails to appreciate, it’s not what one sees on the outside that matters, but rather that which resides within us. Barry is rotting from the inside out! JMO

 

[Scootie98]

Why does a guy whose wife is missing, whom he loves, and needs her back and whose daughters need her back...and will do whatever it takes, no questions asked.....need a new look?

 

[Love Never Fails]

This kind of MSM reporting went on for at least 5 days-- even after announcing "the husband's" reward:

As a massive search continues for the missing mother, a family member told CBS4 that Morphew’s husband, who has not been publicly identified, has offered a $100,000 for information about his wife’s disappearance.

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

It appears he was running from something more than Suzannes murder. Wish we knew the facts.

 

[Love Never Fails]

Can you imagine that though?

Your wife is missing, and you only speak to the media when it suits your needs. You make a video, and release it because you know you’ll lose backing if you do not.

You start buying and selling property, and move on with your life.

You participate in no searches, and do nothing to help find your wife. You’ve got better things to do, like bleach your hair, sunbathe, and pay for a movie star smile. I mean, he’s back on the market after all.

You go on vacations, hunt, and just have a grand old time.

Then they come for you, and it’s all for naught.

Love that last sentence. “Then they come for you, snd it’s all for naught.”

 

[Kemug]

I believe that Suzanne had been planning to leave for a long time, but had been waiting for her daughters to grow up. If so, it's a great pity that she waited so long, as she might still be alive now.