https://www.fox21news.com/wp-conten...blic-Documents-Sept-2021-thru-Oct-15-2021.pdf
Points of interest from the Sept-Oct 15, 2021 batch:
Pg 38/141.
BM's 2020 Ford F350 and the contents were seized on May 5, 2021. (This is the truck BM purchased in June 2020 after SM vanished). Truck valued at $80,000. Per the defense motion, the contents of the truck included BM's work tools and
$6,000 cash. Gives new meaning to Barry being the ATM!
Pg 56/141.
Contrary to DA's belief, Mr. Morphew does not pay rent at a Poncha Blvd address, nor has he ever spent the night at this address. This is SD's.
Pgs 66/141, 126-128, and 129-131.
Going back to the June 2 hearing and Eytan's allegations of discovery violations by the prosecutor, she made several including how BM's US Constitutional rights were being violated because of issues the defense was having with the discovery or lack of. At that time, I recall Judge Murphy citing that in his court,
Colorado Rule Crim P. 16 governed, and the court had no authority to require what Eytan was requesting.
Pg 133/141.
Judge Murphy (again) advises the defense the court lacks authority to require the prosecution to create and produce and inventory discovery. The court further denied the defense request for the prosecutor to provide an inventory of Brady material as not allowed under
Rule 16.
Pg 134/141.
Seems the parties were under the misconception that the court had ordered their pleadings filed as suppressed (i.e., not available to the public). Confirming the court never made this order, and all future pleadings are presumed to be public or protected. The clerk of the court was to change all suppressed motions to "public."
Not sure why the court site still has not been updated with the case files.