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


Sept 27, 2023

[..]

The 49-year-old's bones were found in a remote, dry desert field of sagebrush and natural grasses south of Moffat, according to Saguache County Coroner Tom Perrin. He said it appeared that the remains had been buried in a shallow grave before being scattered.

Perrin was called to the scene to collect the remains on Friday, and transported them to El Paso County for an autopsy.

[..]

On Wednesday, they were positively identified as Morphew's.

Morphew's remains were found during an unrelated search, the investigation bureau said. Sources close to the investigation told The Denver Gazette that her body was found 30 to 40 minutes from the Morphew home, but they would not elaborate further.


Morphew, mother of two daughters, was reported missing from her Chaffee County home on May 10, 2020.

Melinda Moorman Balzer, Morphew's older sister, told The Denver Gazette that Chaffee County Sheriff John Spezze let her know Wednesday morning that Morphew's remains had been found.

"This is a miracle. It’s like looking for a needle in a haystack," Moorman Balzer said. "Colorado is a vast and rugged place and we have prayed that God would put light on where she is. We have been praying and here we are today. It’s day of great sadness, but a day of celebration."

The Colorado Bureau of Investigation did not release any information on the exact location or the condition of the remains.
 
For days, forensic teams dug up the desert ground, gathering the remains that were scattered across a large swath of sagebrush-dotted prairie estimated by Saguache County Coroner Tom Perrin to be around 75 yards. That next Wednesday — on Sept. 27 — the El Paso County Coroner identified the remains as belonging to Suzanne Morphew, who had been missing for three years and four months.

 
Updated Docket at Sept 22, 2023

U.S. District Court − District of Colorado District of Colorado (Denver) CIVIL DOCKET FOR
CASE #: 1:23−cv−01108−DDD−SKC

Date Filed / # / Docket Text

09/05/2023 #80


ORDER granting 70 Motion to Supplement; granting 16 First MOTION for Extension of Time to Effect Service. Having reviewed the Motions, they are GRANTED and the deadline for service is amended nunc pro tunc. Any service of process completed after the original deadline are deemed timely by the Court. By Magistrate Judge S. Kato Crews on 9/5/2023. Text Only Entry(skclc1) (Entered: 09/05/2023)

09/05/2023 #81

ORDER: For the sake of efficiency, the Court GRANTS all pending Motions for Extension of Time to Answer or Otherwise Respond and resets ALL Defendants' deadlines for responsive pleadings to October 13, 2023.
Should any Defendants file Rule 12 motions as their responsive pleadings, Plaintiff is given leave in advance to seek any extension of time necessary for completing response briefs.

IT IS FURTHER ORDERED the Telephonic Scheduling Conference is RESET for 10/26/2023 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The proposed Scheduling Order is due seven days in advance.

Dial in information for the Scheduling Conference is as follows: CONFERENCE CALL LINE:
(888) 251−2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 9/5/2023. Text Only Entry (skclc1) (Entered: 09/05/2023)

09/12/2023 #82

NOTICE of Entry of Appearance by Courtney B. Kramer on behalf of Mark Hurlbert Attorney Courtney B. Kramer added to party Mark Hurlbert(pty:dft) (Kramer, Courtney) (Entered: 09/12/2023)

End of docket 9/22/23, last entry #82.

Docket Update on 10/1/2023:​


U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​


Morphew v. Chaffee County et al
Assigned to: Judge Daniel D. Domenico
Referred to: Magistrate Judge S. Kato Crews
Demand: $15,000,000
Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Barry Morphew


Date Filed#Docket Text
09/28/2023
83
Joint MOTION for Order to Exceed Word Limit for Their Motions to Dismiss by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Caitlin Rogers, Chris Schaefer, Linda Stanley, Linda (I) Stanley, Alex Walker. (Attachments: # 1 Proposed Order (PDF Only))(O'Connell, William) (Entered: 09/28/2023)

End of update - last docket entry #83 on 10/1/2023

 

9/28/23

(SALIDA, Colo.) —The tight-knit community of Salida is reeling with questions and emotions following the shocking identification of Suzanne Morphew’s remains Wednesday afternoon, Sept. 27.

After three long years since the Colorado mother vanished, the Salida community is grappling with the harsh reality of Wednesday’s revelation and the memories of her mysterious disappearance in 2020.

[..]

Poncha Market, a family-run business that has been a staple in Salida for nearly a century, has been deeply affected by Suzanne’s disappearance. Hall recalls May 12, 2020 vividly, when Suzanne’s husband, Barry Morphew, the original murder suspect in her case, entered their store with a cryptic note describing Suzanne’s attire and asked store employees to keep an eye out for her.

“What I thought was odd was the fact that he had no information about her. What she looked like, her eye color, nothing… she’s the one that’s missing,” said Hall.

In the three years since Suzanne’s disappearance, Hall said Barry Morphew has made several visits to the store, and Hall expressed unease about his presence.

[..]

Ernest Marquez, a Salida attorney, explained: “That means it can be brought again… Prejudice means that you can’t be retried. And theoretically, he could be tried… Before you can begin to assess what you know, and what’s possible, you have to know more facts. And there’s just no facts, other than her body was found in Moffat.”

[..]

“Moffat is not known as the place where you go and dump bodies… I guess the question is, why were they looking there in the first place? What were they looking for when they came across Suzanne’s remains?” questioned Marquez.
 
Now that Suzanne Morphew’s remains have been located, the three-plus-year-old case takes on a new life and perhaps even starts over with a new team of investigators joining the original group.

Previously, investigators from the Chaffee County Sheriff’s office, the 11th Judicial District Attorney’s office, the Colorado Bureau of Investigation and the FBI have combed the case from the beginning to present.

Morphew's remains were found scattered in a dry, high-desert field south of the town of Moffat on Sept. 22. The remains are currently at the El Paso County Coroner’s Office, where an autopsy is being performed, according to Saguache County Coroner Tom Perrin.

The discovery of her remains in Saguache, a bordering county to where she was originally thought to be located, brings in a new law enforcement body — namely the Saguache County Sheriff's Office.


Sep 28, 2023 Updated 20 hrs ago
 

10/3/23

Although the 11th Judicial District previously prosecuted the case, Suzanne’s body was found in the 12 Judicial District. According to Colorado state law, the location of a trial is determined by where the death was inflicted, where the death occurred, and where the body was found.

[..]

“It would be a collaborative effort and I assume and believe that they would make the decision based upon a number of different factors, including where the witnesses may be located, where the underlying evidentiary results in tests and other kinds of physical evidence may be, and as well as the capacity that each judicial district may have at the time in order to be able to take on such an important and potentially large case,” Solano said.

Dennis Maes, the former Chief Judge of the 10th Judicial District Court, said the discovery allegations and complaints against Stanley and her office should factor into the court venue decision. He said the 12th Judicial District should prosecute any future potential case.

“The fact that the initial investigation was botched in many ways and the fact that a new set of eyes can take a different look at this and determine whether or not charges will be filed against someone,” Maes said.

“They should not be wedded to any of the findings or any of the proceedings that occurred in the initial investigation,” he said. “It should be as if it was just starting brand new.”

Both Maes and Solano said it is possible special prosecutors from other districts or even the Colorado Attorney General’s Office will help with the case.

“There have been occasions in the past when local district attorney's offices have sought out the help of the state attorney general's office and in providing resources,” Maes said. “I would certainly at least explore that idea, particularly for these smaller jurisdictions.”


Both Stanley and Kelly didn’t respond to multiple requests for comment.
 
VP weighs in on SM’s remains discovered in a shallow grave near Moffat, CO.
43 min video



Authorities searched a grassy field for hours after finding Suzanne Morphew's remains three years after she disappeared.



DISAPPEARANCE OF SUZANNE MORPHEW: STATUS OF THE INVESTIGATION​

Authorities searched a grassy field for hours after finding Suzanne Morphew's remains three years after she disappeared. (10/5/23)
 
Sheila oliver
@Sheila_oliver72
A week ago I received the words I’ve been waiting so long to hear.
They found her.
But I’m not sure my heart was prepared for them. I’m still trying to process it all.
My heart is in pieces. I miss her so much. Going to keep leaning on the Lord just as she would have.
4:05 AM · Oct 6, 2023
·
 

Jan 23, 2011

1697517468471.png

SALIDA — An 11th Judicial District Attorney investigator has been given the state's top investigative award, proving that tenacity pays off.

Alex Walker IV of Salida was named the 2010 Investigator of the Year by the Colorado District Attorneys Council at a recent ceremony in Breckenridge.

Walker has been an investigator for the district attorney's office for nearly four years.

Deputy District Attorney Molly Chilson nominated Walker for the award, pointing out his dogged work on two first-degree murder cases and a third murder case involving a defendant who died before he was brought to court.
 

Docket Update on 10/1/2023:​


U.S. District Court - District of Colorado​

District of Colorado (Denver)​

CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​


Morphew v. Chaffee County et al
Assigned to: Judge Daniel D. Domenico
Referred to: Magistrate Judge S. Kato Crews
Demand: $15,000,000
Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Barry Morphew


Date Filed#Docket Text
09/28/2023
83
Joint MOTION for Order to Exceed Word Limit for Their Motions to Dismiss by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Caitlin Rogers, Chris Schaefer, Linda Stanley, Linda (I) Stanley, Alex Walker. (Attachments: # 1 Proposed Order (PDF Only))(O'Connell, William) (Entered: 09/28/2023)


End of update - last docket entry #83 on 10/1/2023


Docket Update at Oct 16, 2023:

U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​


Morphew v. Chaffee County et al
Assigned to: Judge Daniel D. Domenico
Referred to: Magistrate Judge S. Kato Crews
Demand: $15,000,000
Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Barry Morphew


Date Filed#Docket Text
10/02/2023
84
MOTION to Stay Discovery and Vacate Scheduling Conference by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie) (Entered: 10/02/2023)
10/03/2023
85​
ORDER REFERRING MOTION:

84 MOTION to Stay Discovery and Vacate Scheduling Conference filed by Linda (I) Stanley, Linda Stanley.

Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 10/3/2023. Text Only Entry (dddlc3, ) (Entered: 10/03/2023)
10/03/2023
86​
ORDER GRANTING 83 Motion to Exceed Word Limit. For good cause shown, the moving defendants' respective motions to dismiss must not exceed 6,500 words. Plaintiff's responses to the motions respectively must not exceed 6,500 words. SO ORDERED by Judge Daniel D. Domenico on 10/3/2023. Text Only Entry(dddlc3, ) (Entered: 10/03/2023)
10/04/2023
87
MOTION to Dismiss by Defendants Linda Stanley, Linda (I) Stanley. (Schluter, Leslie) (Entered: 10/04/2023)
10/10/2023
88
Unopposed MOTION for Order to Exceed Word Limit for Motion to Dismiss by Defendant Joseph Cahill. (Attachments: # 1 Proposed Order (PDF Only))(Neckers, Scott) (Entered: 10/10/2023)
10/11/2023
89​
ORDER granting 88 Motion to Exceed Word Limits. Defendant Cahill's motion to dismiss must not exceed 6,500 words. Plaintiff's response must not exceed 6,500 words. SO ORDERED by Judge Daniel D. Domenico on 10/11/2023. Text Only Entry(dddlc3, ) (Entered: 10/11/2023)
10/11/2023
90
NOTICE of Entry of Appearance by Eden R. Rolland on behalf of Scott Himschoot, Claudette HysjulienAttorney Eden R. Rolland added to party Scott Himschoot(pty:dft), Attorney Eden R. Rolland added to party Claudette Hysjulien(pty:dft) (Rolland, Eden) (Entered: 10/11/2023)
10/12/2023
91
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Jonathan Grusing, Kenneth Harris. (Attachments: # 1 Exhibit A)(Skinner, Reginald) (Entered: 10/12/2023)
10/12/2023
92​
MINUTE ORDER: The Scheduling Conference set for 10/26/2023 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews will now take place IN PERSON. By Magistrate Judge S. Kato Crews on 10/12/2023. Text Only Entry (skclc1) (Entered: 10/12/2023)
10/12/2023
93
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Board of County Commissioners of Chaffee County, Robin Burgess, Randy Carricato, Chafee County Sheriff's Department, Chaffee County, William Plackner, Andrew Rohrich, John Spezze, John (I) Spezze. (Poppe, Nicholas) (Entered: 10/12/2023)
10/13/2023
94
MOTION to Dismiss by Defendants Jeffrey Lindsey, Alex Walker. (O'Connell, William) (Entered: 10/13/2023)
10/13/2023
95
MOTION to Dismiss by Defendant Mark Hurlbert. (Eddy, Jonathan) (Entered: 10/13/2023)
10/13/2023
96​
MINUTE ORDER re: 84 MOTION to Stay Discovery and Vacate Scheduling Conference. Because the response to the Motion to Stay is not due until the Monday before the Scheduling Conference and given the sheer number of individuals who will attend the Conference, the Court concludes the Motion to Stay should be resolved first. Consequently, the forthcoming Scheduling Conference is VACATED and will be reset following either (1) an order denying the Motion; or (2) resolutions of the Motions to Dismiss.
SO ORDERED by Magistrate Judge S. Kato Crews on 10/13/2023.

Text Only Entry (skclc1) (Entered: 10/13/2023)
10/13/2023
97
MOTION to Dismiss by Defendants John Camper, Megan Duge, Derek Graham, Kevin Koback, Kirby Lewis, Caitlin Rogers, Chris Schaefer. (Attachments: # 1 Exhibit Ex. A, # 2 Envelope Ex. B)(Hunt, Jennifer) (Entered: 10/13/2023)
10/13/2023
98
MOTION to Dismiss for Failure to State a Claim by Defendant Joseph Cahill. (Neckers, Scott) (Entered: 10/13/2023)
10/13/2023
99
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendants Scott Himschoot, Claudette Hysjulien. (Rolland, Eden) (Entered: 10/13/2023)


@Niner --
Per docket entry #83 - Motion to extend the word count for Motion to Dismiss not to exceed 6500 words was granted by the Court for cause shown by moving defendants.

The [Telephonic] Scheduling Conference previously scheduled 10/26/23 has been vacated and will be heard in person. The reset Conference date is pending until either 1) the Motions to Stay denied or 2) the resolution of the Motions to Dismiss.
 

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