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

[Ilovemy3boys]

@LaurenScharfTV

Defense Attorney Iris Eytan is asking for two sanctions: 1. BOND for Barry Morphew 2. Amend/Reducing first-degree murder charge to second-degree murder charge. She says the evidence that they've seen doesn't support first-degree murder charge.

 

[girlhasnoname]

@LaurenScharfTV

Now Attorney Iris Eytan is reading off other cases where DA Linda Stanley or the 11th Judicial District excluded evidence or had discovery violations.

1:24 PM · Jul 22, 2021·TweetDeck

 

[MTW2011]

Well his attorneys have certainly done their homework in bringing up Linda Stanley and her multiple previous discovery violations.
she herself has some history with misconduct & has been publicly censured.
I guess when you have some history like that - and not much else for the defense to currently argue - you bring up stuff like that.

 

[Melsworld]

Haaaaaa. She wants bond as her first shot.

Second shot is reducing charge to second degree murder.

I love “airballs.”

So she's admitting he did it, just accidentally and not intentionally? (I had to take a phone call and missed it - freaking work)

 

[steeltowngirl]

So it seems defense wants the premeditation removed?

1. How does Colorado define second-degree murder?
Section 18-3-103 C.R.S. of the Colorado criminal code provides:

A person commits the crime of murder in the second degree if the person knowingly causes the death of another person.

You act “knowingly” with respect to conduct or to a circumstance when:

• You are aware that your conduct is of such nature or that such circumstance exists, or
• You are aware that your conduct is practically certain to cause the result prohibited by a particular law.1

For purposes of Colorado’s second-degree murder law, you act knowingly when you are aware that death is practically certain to result from your conduct.2

Murder in the second degree is what’s known as a “general intent” crime.3 This means that you can be found guilty even if you didn’t have the specific intent to commit murder.

It is up to the prosecutor to convince the jury that you were aware that your conduct was practically certain to cause death. This awareness can be shown by:

• Your conduct,
• Your statements,
• Crime scene evidence,
• Eyewitness testimony, and
• Expert testimony.4

Example: Leo is a 250-pound man, with a history of beating his girlfriends, including one who was briefly in a coma due to his actions. Leo beats his 115-pound girlfriend unconscious but does not call for medical assistance, even though her cheekbone and nose were visibly crushed and her collarbone was broken. Due to the circumstances and Leo’s history, the jury is entitled to infer that Leo was aware his actions were practically certain to result in his girlfriend’s death.

Second Degree Murder - Colorado Law - 18-3-103 CRS

 

[DizzyB]

DA and defense have very different styles. I wonder how this will play out in court.

 

[MassGuy]

Effective response here from the prosecutor.

 

[GordianKnot]

The world’s smallest violin should be playing at this moment. @GordianKnot I’m going to need you to get on that.

Listen. How many times I gotta' tell you:

I ain't got no violin.

Got a karaoke machine, though!
Best I can do here is maybe bust out a heartfelt rendition of JT's "Cry Me A River."
What I lack in pitch I make up for in volume…I've discovered singing loudly covers up all the missed notes.

I'll be more than happy to dedicate it to BM's defense team.
I feel so terribly for the two of them, being buried and all.
The fact that was a tactless choice of words for them to use under the circumstances, notwithstanding.

It must be awful, not knowing how to open a junk drive file, or how to fix a mechanical thingy on a spy pen.
I can see how their hands are hopelessly tied right now.
They might as well just throw in the towel.
Cry Uncle.

These 2 probably should have just called Judge Murphy up right away and asked him to help him with that tech stuff.

I'll bet the judge knows how to fix that mechanical thingy on the spy pen, for sure.

JMO.

 

[MTW2011]

This is really interesting to hear.

State now essentially saying “we are required to give them discovery not make sure it’s accessible or teach them how to access it”….

Can the State say that & then the Defense is just left with things they (allegedly) can’t access? Hmmm
I imagine any case would get into some tricky territory if, say, defense could prove that materials given to them were actually not on hard drives or totally inaccessible through reasonable attempts to access the discovery….
Just thinking aloud

 

[Ontario Mom]

I can't listen in so I'm following all your updates, and very thankful.

I'm still stuck on the spy pen.

I mean... there was some really unpleasant crap going on in the Morphew home, if Suzanne felt the need to purchase and use such a device.

 

[Seattle1]

Today's hearing mirrored Norm Pattis b.s.

MOO

 

[MassGuy]

Today's hearing mirrored Norm Patis b.s.

MOO

Yes, their hair length ain’t the only similarity.

 

[katydid23]

This is really interesting to hear.

State now essentially saying “we are required to give them discovery not make sure it’s accessible or teach them how to access it”….

Can the State say that & then the Defense is just left with things they (allegedly) can’t access? Hmmm
I imagine any case would get into some tricky territory if, say, defense could prove that materials given to them were actually not on hard drives or totally inaccessible through reasonable attempts to access the discovery….
Just thinking aloud

If there is nothing 'wrong' with the materials, then the State does not have the responsibility to teach them how to access it. But if the thumb drive or CD is corrupted , then they do, obviously. JMO

 

[swedeheart]

For those of you who didn't get to watch, I guess PE was live-streaming for part of it.

 

[Seattle1]

Spy pen - left to watch/listen to SM when she was home alone? Used by one of the girls in conversation with BM? My imagination is running wild.... IMO

Seems to me that SM was using a spy pen! She definitely did not trust BM. MOO

 

[Ilovemy3boys]

@LaurenScharfTV

"... I've sent detectives to Denver. I've sent two separate hard drives. We've met them at their office. We've suggested ways to look at the material," Assistant DA added.

 

[Goldenseal]

I can't listen in so I'm following all your updates, and very thankful.

I'm still stuck on the spy pen.

I mean... there was some really unpleasant crap going on in the Morphew home, if Suzanne felt the need to purchase and use such a device.

The spy pen! ITA that Suzanne was attempting to record a bunch of unpleasant stuff. Stuff that other unacceptable sources referred to many months ago. I do hope she was successful with that attempt.

I was galvanized at the thought she did this! Good for her!

 

[MTW2011]

Judge references again his Order from May that State provide discovery by June 2. Says everyone is clear on State’s obligations to do that & who that obligation extends to with their work.

He says the mirror copies of the iPhones had some delay because the Lab had to create a new mirror image because of files with their own issue. The copy did not work for what the Defense needed to do, State provided another copy, and that now seems operable. While that was past the deadline he does not believe that was willful misconduct on behalf of the prosecutors office.
There IS a discovery violation with the enhanced spy pen recording, this was not provided, order to be provided within 7 days if I heard correctly

iCloud account was late by about 5 weeks, this IS another discovery violation by the State, judge says.

he orders State to provide status to the Court within 7 days about the other devices outstanding. He mentions wanting resolutions on these matters so they do not have to keep having these hearings.

 

[MassGuy]

Ok, this is trending well. The judge isn’t buying what his attorneys are selling, and both parties seem to be in favor of the prelim going as scheduled.

 

[Melsworld]

Yes, their hair length ain’t the only similarity.

Ha!!! It's so distracting...not the hair.