Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #77 *ARREST*

[oviedo]

He looks DEFLATED.. Head resting on arm.

hmm so he did think he was going to walk out today - bet his lawyers told him that. Thank you for being there @NoSI
JMO

 

[Whiteorchids]

BarryMorphew Attorney Dru Nielsen said, "Doesn't think they (state) have met the burden of proof." She is asking for Morphew to not sit in jail. Judge said he couldn't make that decision today. Court is in recess until 2:30 p.m.

https://twitter.com/laurenscharftv/status/1430259292729446403?s=21

Hmm since he changed it to 2:30 I hope that doesn’t me BM gets out.

 

[Cindizzi]

Maybe we have an overwhelmed, overworked judge. The AA was longer than any he's ever seen. The witnesses are more than he's ever seen in a prelim. I'm beginning to think this rural court is just not up to the task. How alarming.
JMO

He was totally overwhelmed with the WebEx situation. Said he couldn’t give his full attention. Just saying.
JMO

 

[kshultz06082]

Barry Morphew Prelim Day 4 part 2


Crime Talk with Scott Reisch
@CrimeTalkPod
Everyone is back in the courtroom. We have been sitting in silence for about 3 minutes waiting for Judge Murphy

Lauren Scharf
@LaurenScharfTV
Back on the record: CBI Agent Joseph Cahill is back on the stand for the #BarryMorphew hearing. The is asking him about allele which is a variant form of a gene. The defense objects saying he isn't a specialist in DNA or forensic scientist.

Carol McKinley
@CarolAMcKinley
Back from lunch lurching back and forth as Mark Hurlbert starts asking CBI Agent Joe Cahill DNA questions. Objection from the defense that Cahill is not a forensic scientist.We move on. Now discussing the prison DNA database "CODIS"

Crime Talk with Scott Reisch
@CrimeTalkPod
Codis match/hit - what does that mean?
Agent Cahill: One sample was compared to another and there was possible pieces that may be related.
State: If there is a Codis match, they cannot be arrested just on this, right?
Defense objects (Up pointing backhand index)

Lauren Scharf
@LaurenScharfTV
The state is now asking about Agent Cahill familiarity with a CODIS hit. Cahill says a match means a lead for investigators to attempt to take a standard (another sample of DNA from the subject) to get it analyzed from the original DNA sample from the crime scene.

Lauren Scharf
@LaurenScharfTV
Agent Cahill is being asked about what a keyboard search is. Scientists are comparing the two samples to decide if it is worth law enforcement time to investigate.

Ashley Franco
@AshleyKKTV
Agent Cahill is back on the stand, prosecution is continuing cross-examination. They're discussing DNA profiles from #SuzanneMorphew car. @KKTV11News




Lauren Scharf
@LaurenScharfTV
CBI Agent Cahill said in each one of these cases (the three sexual assault leads from other states obtained from the DNA swab on #SuzanneMorphew glove box) did not arise for probable cause.

Crime Talk with Scott Reisch
@CrimeTalkPod
State is asking Agent Cahill questions about how he interprets DNA testing reports.
Eytan has objected about 10 times. Beyond the scope, witness is not an expert, leading.
Barry sits back in chair and crosses leg over lap.


Lauren Scharf
@LaurenScharfTV
Iris Eytan is now at the podium for redirect

Ashley Franco
@AshleyKKTV
Defense is now back for re-direct. Reminder-- before lunch we were told this would be the defense's last witness.
@KKTV11News #BarryMorphew #SuzanneMorphew

Lauren Scharf
@LaurenScharfTV
According to the forensic scientist report, there was an unknown male DNA on the seat of #SuzanneMorphew bike. Eytan asked if Agent Cahill LE knew if there were individuals that had matches to the DNA if he would have a swab sample done. He said yes.


Crime Talk with Scott Reisch
@CrimeTalkPod
Eytan is done questioning. Cahill steps down. Done with witnesses.

Carol McKinley
@CarolAMcKinley
After much talk about unknown DNA on Suzanne's bike and in her car, we are finished. Judge Patrick Murphy says there have been 20 hours of testimony and he's taken 25 pages of notes. It's now time for him to decide whether to bind #BarryMorphew over for trial.

Lauren Scharf
@LaurenScharfTV
Judge Patrick Murphy said he isn't going to make a decision today. He took 25 pages of notes and there were over 20 hours of testimony. Looks like he is going to talk with attorneys about when the next hearing will be set.
Ashley Franco
@AshleyKKTV
There you have it, the defense has wrapped up their witnesses. The case will be handed to the judge to decide if it will go to trial. He said he is not prepared to make a decision today following at least 20 hours of evidence presentation and testimony.#SuzanneMorphew
@KKTV11News


Jamie Leary
@JamieALeary
WE ARE DONE WITH ALL WITNESSES - 20 hours of testimony 25 pages of notes from the judge. He won't make a decision today on the #BarryMorphew case. The judge says he's never seen so many witnesses. He says he is going to have a lot of work ahead to make a decision
@CBSDenver

Ashley Franco
@AshleyKKTV
Dru Neilsen asks judge to make a decision today becasue they do not believe prosecutors have laid a solid case. They ask for a decision so #BarryMorphew does not have to sit in jail. Judge says he understands but he needs time.
@KKTV11News

Carol McKinley
@CarolAMcKinley
Nielsen stands - We are urging the court to rule on the proof evident today....so that Mr. Morphew doesn't have to continue to sit in jail.
Judge says he’d rather make the decision correctly rather than too quickly. Judge says to come back at 230.

Crime Talk with Scott Reisch
@CrimeTalkPod
BREAKING: Judge Murphy- He has 25 pages and says he can’t come to a decision today.
I want to keep the attorneys [in the courtroom] and schedule a time for a hearing for the decision.
#BarryMorphew #SuzanneMorphew

Lauren Scharf
@LaurenScharfTV
#BarryMorphew Attorney Dru Nielsen said, "Doesn't think they (state) have met the burden of proof." She is asking for Morphew to not sit in jail. Judge said he couldn't make that decision today. Court is in recess until 2:30 p.m.



Crime Talk with Scott Reisch
@CrimeTalkPod
Nielsen: I appreciate the courts need to be thorough....but I do not think they have met the burden that the proof is evident of first-degree murder.....Make a decision so #BarryMorphew doesn’t have to sit in jail.....


Crime Talk with Scott Reisch
@CrimeTalkPod
Judge Murphy- I understand but I would rather make the decision correctly...I’m going to have to put quite a bit of effort laying out the evidence so I can explain my decision. I am not able to do that today. I am not a robot. Let’s work on making a date for the next hearing...

Crime Talk with Scott Reisch
@CrimeTalkPod
Family, media, and public leaves the courtroom for Judge Murphy, state, and defense to schedule a date for the next hearing

 

[Love Never Fails]

BM looks mad, deflated... he thought he was gonna walk out, i think.... defense comforting him.

I hope he doesn’t. I don’t understand the judge being indecisive but then I don’t think the prosecutor shared any moreinfo than Websleuths had.

 

[LaineyJ]

If the judge does let him out today, could he require him to wear an ankle bracelet?

Where is Barry supposed to live? Isn't that an issue? Would the defense have communicated privately with the judge about the willingness of certain individuals to house him?

I predict bail would be high and would not be arranged by end of business today in any case. I also predict Barry would be able to post his part of the bond and has friends/family who will put their property on the line to secure the bond.

thats what I would expect. Along with turning over passport etc.

highly doubt he’d bond out & be able to roam free. No, I bet the terms of his release would be to have gps monitoring

 

[merrymary]

Exactly.

which hopefully is why BM is so distraught.

 

[NoSI]

BM sitting there all alone... Defense has packed up their paperwork.

People still around him, of course. 2 LE standing behind him.

 

[Goldenseal]

Wow. He has to “think” about it? Not good.

Ay, chihuahua. Not good at all. Judge has read the AA, listened to the defense for most of the PH, and still hasn't made up his mind? I can't see any way this could be good. What is going on underneath all this tomfoolery?

 

[Love Never Fails]

I'm glad he is standing his ground and not letting them push him to a hasty decision.
IMO

Well they are good at doing just that.

 

[Warwick7]

BM looks mad, deflated... he thought he was gonna walk out, i think.... defense comforting him.

Bet he looks mad. Bet he thought he was walking out today.

I know I have pages and pages to read to catch up. That said, moo, BM felt justified in being Suzzane judge and jury.

He saw her as a "sinner." And he took her out.

 

[tmar]

Ugh I want to cry!
I know there's not a lot of direct physical evidence..
but so much of what we've heard is damning. So very clearly premeditated.

It makes me so uncomfortable that the judge actually needs time

How horrid, IF perhaps no trial, or BM gets bond as charge is decreased.
So disappointing that Judge needs time, so may go either way.
Not long to know, after our long wait.

 

[Deleted member 222031]

Did we add pitbulls to the ark/zoo yet? There are definitely 2 in this case, unfortunately they are on the defense... and 3 little meek voiced mice on the other side...

They are in the ark. @Kemug - zoo?

 

[Brubon]

I think it will be Murder 2 and he will bail out.

I'm trying to imagine how fearful SO will be if BM is out on bail. He knows where she lives and teaches. IMO
Then there's JL. Anyone can find his home address in MI. IMO

Please, Judge. No bail!!!!
IMHO

 

[DizzyB]

It is a conundrum. It would be a big win for the defense for Barry to go free at this stage, but it sure leaves a lot of money on the table for their firm.

 

[girlhasnoname]

BM sitting there all alone... Defense has packed up their paperwork.

People still around him, of course. 2 LE standing behind him.

Back to your concrete prison Bare.

 

[10ofRods]

So...does the judge mean that court reconvenes at 2:30 or just that Barry and his attorneys should be there at 2:30. Surely it must be part of the (open) preliminary hearing...

 

[NoSI]

Now sitting between his 2 attorneys...

 

[Whiteorchids]

I'm thinking BM isn't going anywhere and they will set a date for a hearing next week based on this tweet:

@LaurenScharfTV

Judge Patrick Murphy said he isn't going to make a decision today. He took 25 pages of notes and there were over 20 hours of testimony. Looks like he is going to talk with attorneys about when the next hearing will be set.

3:58 PM · Aug 24, 2021

I hope it’s after Christmas so BM stays in jail at least until then

 

[DeDee]

He's a coward. Doesn't want to have to rule in open court. Who else is seeing that as a defense win?
JMHO

The Judge did not allow Barry to get out of jail so that's a win. However, one reason not to release the Arrest Affidavit is in case there is no trial.

If so, a richly redacted AA may be released later, idk, but this Judge comes from a defense perspective, according to link provided above this a few posts.

We truly need for Suzanne to be found.