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

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Seattle1 said:
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)


CM/ECF - U.S. District Court:cod

ecf.cod.uscourts.gov ecf.cod.uscourts.gov

@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.
Click to expand...

UPDATE TO CIVIL DOCKET AS AT 10/20/23:

10/18/2023 #100
ORDER GRANTING #91 Motion for extension of time to answer or otherwise respond; #93 Motion for extension of time to answer or otherwise respond; and #99 Motion for extension of time to answer or otherwise respond.

The FBI Defendants [#91] must answer or otherwise respond to the complaint on or before December 26, 2023.

The "Chaffee County Defendants" listed in ECF No. 93 must answer or otherwise respond to the complaint on or before October 27, 2023.

Defendants Himschoot and Hysjulien [#99] must answer or otherwise respond to the complaint on or before November 3, 2023.

SO ORDERED by Judge Daniel D. Domenico on 10/18/2023. Text Only Entry(dddlc3, ) Modified to correct document linkage on 10/18/2023 (cmadr, ). (Entered: 10/18/2023)

Last docket entry #100 at 10/20/23

PACER: Login

pacer.login.uscourts.gov pacer.login.uscourts.gov
 
The former judge in the Suzanne Morphew case is speaking out for the first time about what went on behind the scenes as the first-degree murder case of Barry Morphew wound its way toward a trial that never happened.

Ramsey Lama said that as he oversaw the high-profile case, 11th Judicial District Attorney Linda Stanley launched an investigation into his prior marriage looking to dig up dirt on him in order to remove him.

Former Morphew case judge wants prosecutor disbarred after retaliation attempt

11.4.2023
 
DOCKET UPDATE AT 11/8/23

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

CONTINUING DOCKET, 10/18/23 ENTRY # 100:

1699903552788.png

Colorado District Court | PACER: Federal Court Records

pacer.uscourts.gov pacer.uscourts.gov

last docket entry #111 at 11/8/23.

10/25/23: Court granted the Motions for defendants Burgess, Plackner, and Carricato (CCSO) dismissed without prejudice.

11/2/23: Court granted BM Motion for extension of time to reply to defendants responses until March 29, 2024.

11/5/23: Court ordered discovery on this case STAYED pending the outcome of the Motions to Dismiss.

@Niner
 
@149Zone7

In my opinion this is a stunt not a genuine show of support. Did they search for their mother? Where they shocked after she was found murdered? Join Zone 7 and hear what two of NYPD detectives think about this case. https://iheart.com/podcast/867-zone-7-with-sheryl-mccollu-106023288/episode/the-disappearance-of-suzanne-morphew-with-dan-murphy-and-tom-smith-of-the-gold-shields-podcast-127698117?cmp=ios_share&sc=ios_social_share&pr=false


https://twitter.com/x/status/1729814974321643899
 
Seattle1 said:
krdo.com

Colorado DA Council backs 11th Judicial DA in appeal of first-degree murder sanctions | KRDO

Colorado DA Council backs 11th Judicial DA in appeal of first-degree murder sanctions
krdo.com krdo.com

6/14/23

FREMONT COUNTY, Colo. (KRDO) -- Two state agencies are weighing in on the sanctions recently imposed on the 11th Judicial District Attorney’s Office, but both offer conflicting arguments on how the Colorado Supreme Court should rule.

On April 4, Fremont County Judge Kaitlin Turner — Stanley’s opponent in the race for 11th Judicial District Attorney back in 2020 — dropped first-degree murder charges against Joseph Tippet because of alleged ongoing evidence violations by the 11th Judicial District Attorney’s Office. Turner declined to comment.


Tippet is accused of shooting his father, William Tippet, in the back of the head in January. He later confessed twice to jail deputies on video, according to the petition. Tippet is now charged with second-degree murder because the defense alleges it took more than two months to receive one-tenth of the evidence from the DA’s office — a violation of Colorado court rules, requiring prosecution to turn over evidence to the defense within 21 days of the defendant's first court appearance.

On May 9, Stanley appealed the sanctions to the Colorado Supreme Court. She didn’t deny evidence was late and “constituted a discovery violation” but claimed the majority of the evidence was given to the defense 28 days Tippet's first appearance.

[..]

Now, two state agencies are weighing in on the state Supreme Court case.

The Colorado District Attorney’s Council (CDAC) filed a brief to the Colorado Supreme Court on Tuesday supporting Stanley. The agency never denies that Stanley’s office struggled with discovery violations, but said the sanctions were excessive and “unprecedented.”

“Given the early stage of the proceedings and the lack of prejudice to the truth-seeking that this Court recognized to be the ‘paramount interest at stake’ in ‘the criminal justice context,’ the ‘pattern of neglect’ on discovery issues found by the Court cannot justify the drastic sanction imposed here,” the CDAC said in its brief.

[..]

The CDAC also said Judge Turner imposed sanctions without finding any “willful misconduct” regarding the evidence violations or that the violations affected the trial.

However, the Colorado Attorney General’s Office disagrees. In its response to the sanctions, filed with the Colorado Supreme Court on Wednesday, it states the 11th Judicial District Attorney’s Office deliberately failed to turn over evidence.

According to its court response, the AG’s Office found the majority of the evidence was either in law enforcement’s or the DA’s possession and could have been given to the defense on time. The Fremont County Court handed down four separate orders, requesting the prosecution give evidence to the defense, yet all four orders were ignored, Tunink said.

[..]

Former DA May thought the sanctions were extreme given the case was still in the early stages.

“That's probably what the Supreme Court is looking at now is, ‘Wow, that's a really extraordinary sanction this early in the proceedings,’” May said. “‘Is that appropriate in this case or has the judge abused their discretion?’”
Click to expand...

www.coloradopolitics.com

Colorado Supreme Court, 4-3, agrees with drastic penalty for misconduct-plagued DA's office

The Colorado Supreme Court on Monday, by 4-3, agreed a Fremont County judge was within her authority to reduce a first-degree murder charge against a criminal defendant because the district attorney's office was responsible for a pattern of withholding evidence across many cases in violation of...
www.coloradopolitics.com www.coloradopolitics.com

12/11/23
Updated 12/18/23

The Colorado Supreme Court on Monday, by 4-3, agreed a Fremont County judge was within her authority to reduce a first-degree murder charge against a criminal defendant because the district attorney's office was responsible for a pattern of withholding evidence across many cases in violation of its professional obligations.

Despite the split decision, all members of the court seemingly acknowledged the judges of the 11th Judicial District have grown fed up with how the district attorney's office repeatedly failed to disclose evidence to defense attorneys. The rules of criminal procedure require prosecutors to do so within 21 days of a defendant's first appearance.

[..]

Although trial judges are permitted to dismiss charges against defendants for discovery violations, the Supreme Court elected to hear the prosecution's appeal in the case of Joseph James Tippet because it had never previously decided whether a reduction in the severity of a charge was appropriate to deter future misconduct.

Janene McCabe, the president of the Colorado Criminal Defense Bar, said more common sanctions against prosecutors would not be effective when a district attorney's office habitually drags its feet on disclosing evidence.

"I think primarily it is a message to Linda Stanley's office, but I think it's also a warning to other prosecutors' offices to do a better job and be very clear when they have patterns, that it is the elected district attorney's responsibility to solve those patterns," she said. "I have not seen a judge reduce a murder charge in the past, but I also have not seen this extreme of a pattern."

'You have to do your job'​

Tippet stands accused of first-degree murder for shooting his father in the head on Jan. 6. He confessed to the crime while in custody. Under the rules of procedure, the deadline for the prosecution to disclose evidence to the defense was Feb. 8.

The district attorney's office produced multiple packets of discovery by Feb. 8 including close to 200 files. However, in the ensuing weeks, after complaints by the defense about withheld evidence, the prosecution continued to hand over more files — most of which existed prior to Feb. 8.

[..]

"You have to do your job. You simply have to do it. And there is a pattern of this office not doing it," Magistrate Michael W. Meyrick scolded Deputy District Attorney David Little on March 22, warning that "sanctions of possibly a lesser charge" could be on the horizon.

[..]

On March 31, District Court Judge Kaitlin B. Turner held a hearing to address a possible penalty for the district attorney's office. Turner, who was Stanley's Democratic opponent in the 2020 district attorney election, responded icily to Little's claim that support staff in his office were to blame for the disclosure problems.

"You are admitting here today that there's some lack of training, at least, or understanding by your support staff. And what I was hoping to hear today is, 'Here's our plan, not just to avoid this in this case, but in all cases'," Turner said. "This makes me believe these issues are not going to stop."

[..]

Consequences​

Stanley's office appealed directly to the Supreme Court, arguing it was unclear what a "pattern" of discovery violations looks like. The office argued a pattern must involve the same prosecutor, with an official policy of withholding evidence, and "egregious and repeated sloppiness."

The Colorado District Attorneys' Council and Colorado Attorney General's Office also wrote in support of Stanley's office, arguing a judge's order about which charges a prosecutor can file was an infringement on the separation of powers between the executive and judicial branches.

Berkenkotter, in the Supreme Court's Dec. 11 opinion, noted there was clearly a pattern of withholding evidence in the 11th Judicial District, and the narrow definition of "pattern" offered by Stanley's office would insulate prosecutors from consequences "even when it is apparent that there are systemic problems."

She added that even if Tippet confessed to the crime and the case was in its early stages, Turner had imposed a sanction to address the pattern of misconduct. Because judges have the power to dismiss charges, they also can order a reduction in charges. In Tippet's case, a second-degree murder charge would still result in a sentence he could serve until his eighties.

"The prosecution is not entitled to disregard its discovery obligations because it believes it has a strong case," Berkenkotter wrote.

Justice Carlos A. Samour Jr., writing in dissent, claimed the majority was leaving out "the rest of the story." Namely, he believed Stanley's office was not on notice that Turner would order a reduction in the murder charge after it handed over more than 1,000 pieces of evidence belatedly.

"The sense I get from reviewing this record (especially the transcripts of the hearings) is that the judicial officers in question were at their wits’ end with this District Attorney’s Office and wanted to send a message that would finally be effective," Samour wrote for himself, Chief Justice Brian D. Boatright and Justice Monica M. Márquez.

"They were looking for an opportunity to impose a severe sanction. Having sat on a trial court for many years, I understand their frustration," he elaborated. "But that doesn’t justify the severe sanction handed out here, which seems capricious and forced."

Samour concluded that Tippet should not "get a freebie," meaning face a lesser murder charge, just because the prosecution took weeks to fulfill its obligations.

Neither the prosecution, the defense, nor the outside organizations that submitted briefs immediately responded to a request for comment.
 
DENVER (KDVR) — An attorney for the Federal Bureau of Investigation has issued a motion to dismiss a case against two agents filed by Barry Morphew in 2023.

Morphew filed a complaint against the district attorney and several other prosecutors in 2023, after claiming allegations of misconduct that led to his arrest in the case of his missing wife, Suzanne Morphew.

Attorney wants Barry Morphew’s case against FBI agents dismissed

Updated: Jan 18, 2024 / 05:10 PM MST
 
46 minute video


Attorney requests to dismiss Barry Morphew's case against FBI agents​


An attorney has requested to have a case against several FBI agents brought by Barry Morphew dismissed. Morphew is seeking damages after he was arrested in connection to the disappearance of his wife Suzanne.



36 minute video


Attorney wants Barry Morphew’s case against FBI agents dismissed​


An attorney for the Federal Bureau of Investigation has issued a motion to dismiss a case against two agents filed by Barry Morphew in 2023.
 
Last edited:
@9NEWS

The complaint filed against Deputy DA Mark Hurlbert accuses him of going along with a plan to investigate the judge presiding over the Morphew case.

1708354807350.png
5:45 PM · Feb 17, 2024

SALIDA, Colo. — The lead prosecutor in the case against Barry Morphew, who was accused of killing his wife Suzanne, has been accused of retaliation against the judge presiding over the now-dropped case.

More at link...

https://twitter.com/x/status/1758985929920847911

Updated: 9:53 PM MST February 16, 2024
 
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