Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*

[clearskies1]

As life goes sometimes, I had to miss the hearing today.

From the article, what is this portion pertaining to:

"Morphew did so between May 9, 2020 and May 10, 2020, "believing that an official proceeding was pending, in progress, or about to be instituted, and acting without legal right or authority," the document states."

I'd read this portion RE: "official proceeding was pending" a while back yet had forgotten to inquire about its specific meaning.
Humor me if it's been discussed ad nauseam, please.
Speculations, opinions and facts would be appreciated from any or everyone. TIA

I just took it to mean that the state claims that BM unlawfully killed SM, and that he then knew that a state proceeding re the murder would take place and he tried to cover his tracks by hiding the body. JMO.

 

[Cindizzi]

As life goes sometimes, I had to miss the hearing today.

From the article, what is this portion pertaining to:

"Morphew did so between May 9, 2020 and May 10, 2020, "believing that an official proceeding was pending, in progress, or about to be instituted, and acting without legal right or authority," the document states."

I'd read this portion RE: "official proceeding was pending" a while back yet had forgotten to inquire about its specific meaning.
Humor me if it's been discussed ad nauseam, please.
Speculations, opinions and facts would be appreciated from any or everyone. TIA

I’ve seen that exact wording in many cases where there are charges of tampering with evidence and/or tampering with a deceased human body.

This article explains it very well:

Tampering With Evidence

Evidence Tampering In Contemplation of Future Proceeding
A person who destroys evidence out of fear of an investigatio or before a crime has been committed, intending to hide a later crime, has tampered with evidence. For example, the man who gets his wife drunk before leading her to the pool to kill her in a staged accident, but stops on the way to the diving board to wipe clean her lipstick from the whiskey glass, has tampered with evidence (in addition to committing murder). And, the inside stock trader who deletes emails to his source in order to leave no trail of illegal stock tips has destroyed evidence even though he is not under investigation at the time. (He is also guilty of being incredibly naïve if he thinks a deleted email can't be found!)

 

[DeDee]

Well I bet it already has, given that 18,528 people have heard the ex-cop tell them to go steal it. I didn't say that I think it was the best idea to do the memorial there, but that it is not up to any youtuber to tell the whole world to go steal a statue that obviously means something to both families, but IMO, is actually a possession of the girls, not the sister's. Anyway, when I saw yet another youtuber (earlier) expose the site with a bunch of conjectures on how the rocks were leaning, etc, some people already knew it was there, and I assumed it would be stolen. Now, everyone who listens to CM's program got the idea.

"statue that obviously means something to both families, but IMO, is actually a possession of the girls, not the sister's."

I differ on this statue in that once this treasured heirloom was placed onto public property, any rightful owner(s) abandoned ownership.

We truly don't know who placed the Garden Girl down by the river. I suspect its positioning was promoted by Barry though since, ya know, it reinforces his proclamation that Suzanne lost her life by vanishing in that spot.

 

[Seattle1]

That's sort of what I thought - today was already the final day to submit, so maybe he plans (or planned all along) to make this decision tomorrow's order of business. Obviously that's just speculation.

I believe it might take some time for Judge Murphy to make a decision for a couple of reasons:

His first Order was filed on May 6 -- the day following BM's Advisement. In this Order, he gave the defense 7 days to note their objection since the prosecution already advised the court that the State did not object to the AA being unsealed and released to the public. This Order was the first time we learned that the AA considered "lengthy." The defense filed a motion opposing unsealing and releasing of the AA on May 14.

The second Order by the Court on May 14 gave any party in opposition to the motion by the defense until May 27 to respond. I believe the Judge has information from the former Public Defender, new defense counsel, and the prosecution to review related to the lengthy AA.

In addition, based on a new Rule 55.1 effective May 10, Judge Murphy's ruling may require redaction of a lengthy document.

Yes, I think releasing the AA-- in whatever form might take a few days. MOO

 

[TKG]

@Cassady or any of our WS attorneys!
Today the defense expressed the 21 day discovery period began (they felt) May 6th. Prosecution said they believed it started today. It was never clarified although the judge ordered the hard drive to be picked up by end of business day next Weds.

What's your take on this?

 

[PaulaDC]

I’ve seen that exact wording in many cases where there are charges of tampering with evidence and/or tampering with a deceased human body.

This article explains it very well:

Tampering With Evidence

Evidence Tampering In Contemplation of Future Proceeding
A person who destroys evidence out of fear of an investigatio or before a crime has been committed, intending to hide a later crime, has tampered with evidence. For example, the man who gets his wife drunk before leading her to the pool to kill her in a staged accident, but stops on the way to the diving board to wipe clean her lipstick from the whiskey glass, has tampered with evidence (in addition to committing murder). And, the inside stock trader who deletes emails to his source in order to leave no trail of illegal stock tips has destroyed evidence even though he is not under investigation at the time. (He is also guilty of being incredibly naïve if he thinks a deleted email can't be found!)

Kind of like the guy who wipes all the prints off a staged bike and or helmet. Interesting.

 

[clearskies1]

@Cassady or any of our WS attorneys!
Today the defense expressed the 21 day discovery period began (they felt) May 6th. Prosecution said they believed it started today. It was never clarified although the judge ordered the hard drive to be picked up by end of business day next Weds.

What's your take on this?

I thought the judge said that he agreed with the prosecutor's interpretation. The rule seems pretty clear. It says the prosecutor must turn over the info "as soon as practicable but not later than 21 days after the defendant's first appearance at the time of or following the filing of charges". Today was BM's first appearance after the charges were filed, so the 21 days does seem to start running today. That's my take. (Unverified Lawyer)
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator.

 

[TKG]

I thought the judge said that he agreed with the prosecutor's interpretation. The rule seems pretty clear. It says the prosecutor must turn over the info "as soon as practicable but not later than 21 days after the defendant's first appearance at the time of or following the filing of charges". Today was BM's first appearance after the charges were filed, so the 21 days does seem to start running today. That's my take. (Unverified Lawyer)
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator.

Thank you for expounding on this for us. Weren't the charges (original 5) filed when he was arrested? I apologize if this is remedial.

 

[clearskies1]

Thank you for expounding on this for us. Weren't the charges (original 5) filed when he was arrested? I apologize if this is remedial.

No worries -- not remedial!! He was arrested May 5. Complaint/charges were filed May 18.
Husband charged with murder, tampering with body in Suzanne Morphew's death

 

[Seattle1]

Carol McKinley[URL='https://twitter.com/CarolAMcKinley']@CarolAMcKinley[/URL]


In a Chaffee Co Courtroom: As #BarryMorphew looks on, his new attorneys, Dru Nielsen and Iris Eytan make numerous discovery requests for things like investigators' texts and preservation of biological evidence. No decision yet on release of arrest aff. #suzannemorphew

3:44 PM · May 27, 2021·

Replying to
@CarolAMcKinley
Morphew is shackled, masked and dressed in an orange and white jail outfit. He looks down to stretch his neck as tedious legal language goes long. None of his family is in the courtroom.

3:44 PM · May 27, 2021·

Replying to
@CarolAMcKinley
Eytan says they have not received discovery and " we want to get Mr. Morphew released...he's sitting in a jail cell." Prosecution says it will take time to get this organized. There are 10,000 pgs of police reports. Judge orders they need the info asap. By next week.

3:49 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The courtroom only has 16 seats available for the gallery, but reporter-types had no trouble finding a place to watch from inside.

3:53 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The Arrest Affidavit will not be released today. Judge needs more time. He may hold a hearing before he makes his decision. Morphew is sitting up straight, leaning forward and paying attention now.

3:58 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The next hearing is the prelim. It will take 4 days and will be held August 9th and 10th. And August 23rd and 24th #suzannemorphew

4:08 PM · May 27, 2021·

 

[MsBetsy]

I just took it to mean that the state claims that BM unlawfully killed SM, and that he then knew that a state proceeding re the murder would take place and he tried to cover his tracks by hiding the body. JMO.

Yes, I think it follows that once someone has murdered a person and hidden the body, they know the police will come knocking at some point and there will be an investigation.

 

[Chocoholic]

Thanks to everyone who helped summarize today’s court appearance. I was all set up to get on Webex but had the time wrong, duh!

I hate that we still have to wait for the AA. We’ve been patient for over a year already, I guess a little more time won’t kill us.

Does it seem like the proof evident/presumption great hearing is longer than normal? I can’t recall the timing in the Frazee trial, but it didn’t seem to be that long.

Also wanted to comment on CM’s video with MM. I was kind of surprised to hear that Suzanne chose that house. And that they sold all of their belongings to start fresh. Seems like many had commented on how different it was from their IN home. It was interesting to hear. Sounded like Suzanne didn’t care for the things she inherited from her mom. MM sounds like a wonderful sister.

 

[swedeheart]

Y'all please excuse me, but I was one of the goofballs who couldn't turn her camera off. Lol. (I think I finally did get it turned off, but I was panicking). I'm the type of person who leaves a piece of black tape over my camera at all times, so not sure why I even had that thing on. I was unsure if perhaps it was a "rule" that you had to show your face and your real name. But, now I know!

Here's Chris' latest video with explanation about the hearing. Thank you so much to everyone who explained the hearing. You are so valuable here!

*Chris said one of the bombshells dropped today (at 16:02) was that the DA has enough biological evidence for testing. The defense was trying to find out if there was enough biological evidence for them to test themselves, and call in their own experts for the prelim. They wanted the DA to show their card, but she didn't fall for it.

AT 17:09 he discusses the affadavit. He explains that each page has to be numbered, so all the evidence coming in quickly can complicate that system, especially since there is a deadline. The defense is setting an "evidentiary appeal trap" to rush the DA and cause mistakes to be made, so they can appeal. They are laying the foundation for an appellate court from day 1, not to WIN, but for technicalities! (Sneaky <modsnip> I hope I'm explaining this correctly. It's all a bit over my head, but you can listen to Chris. I think he does a good job of making it easy to understand for the average non-lawyer.)

He thinks there is a very strong case against Barry Morphew. Pay very close attention to his body language. Every time the prosecutor spoke, Barry leaned forward and looked over at him = control mechanism. Hopefully, in trial, jurors will pick that up.

Takeaways from the hearing:

1. Defense is going to put Govt. and PD on trial.

2. Release of search warrant will remain sealed= Code for change of venue.

3. Wanting all messages retained and admissible = laying foundation for appellate court.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

5. Evidentiary discovery of any dishonesty, in relationship to prosecutorial witnesses = all the meth-heads did it, not Barry.

6. Barry will be painted as the victim.

7. "Client is sitting in a cage." = poor choice of words or correct choice of words for a hunter? Or was that a strategy to diffuse/diminish the hunter idea? VERY interesting choice of words to use in a courtroom. Barry is not in a cage, but in a humane cell, unlike Suzanne.

 

[SouthAussie]

Y'all please excuse me, but I was one of the goofballs who couldn't turn her camera off. Lol. (I think I finally did get it turned off, but I was panicking). I'm the type of person who leaves a piece of black tape over my camera at all times, so not sure why I even had that thing on. I was unsure if perhaps it was a "rule" that you had to show your face and your real name. But, now I know!

Here's Chris' latest video with explanation about the hearing. Thank you so much to everyone who explained the hearing. You are so valuable here!

*Chris said one of the bombshells dropped today (at 16:02) was that the DA has enough biological evidence for testing. The defense was trying to find out if there was enough biological evidence for them to test themselves, and call in their own experts for the prelim. They wanted the DA to show their card, but she didn't fall for it.

AT 17:09 he discusses the affadavit. He explains that each page has to be numbered, so all the evidence coming in quickly can complicate that system, especially since there is a deadline. The defense is setting an "evidentiary appeal trap" to rush the DA and cause mistakes to be made, so they can appeal. They are laying the foundation for an appellate court from day 1, not to WIN, but for technicalities! (Sneaky <modsnip> I hope I'm explaining this correctly. It's all a bit over my head, but you can listen to Chris. I think he does a good job of making it easy to understand for the average non-lawyer.)

He thinks there is a very strong case against Barry Morphew. Pay very close attention to his body language. Every time the prosecutor spoke, Barry leaned forward and looked over at him = control mechanism. Hopefully, in trial, jurors will pick that up.

Takeaways from the hearing:

1. Defense is going to put Govt. and PD on trial.

2. Release of search warrant will remain sealed= Code for change of venue.

3. Wanting all messages retained and admissible = laying foundation for appellate court.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

5. Evidentiary discovery of any dishonesty, in relationship to prosecutorial witnesses = all the meth-heads did it, not Barry.

6. Barry will be painted as the victim.

7. "Client is sitting in a cage." = poor choice of words or correct choice of words for a hunter? Or was that a strategy to diffuse/diminish the hunter idea? VERY interesting choice of words to use in a courtroom. Barry is not in a cage, but in a humane cell, unlike Suzanne.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

This is the hugest thing so far. It raises all kinds of questions in my mind - where did they find this evidence, when did they find it, is it exclusionary of all potential other causes for the evidence, what is it?

I wonder if the AA will tell us, when it is eventually released. It seems like it will, as it may be one of the primary items that enabled his arrest.

 

[Seattle1]

Y'all please excuse me, but I was one of the goofballs who couldn't turn her camera off. Lol. (I think I finally did get it turned off, but I was panicking). I'm the type of person who leaves a piece of black tape over my camera at all times, so not sure why I even had that thing on. I was unsure if perhaps it was a "rule" that you had to show your face and your real name. But, now I know!

Here's Chris' latest video with explanation about the hearing. Thank you so much to everyone who explained the hearing. You are so valuable here!

*Chris said one of the bombshells dropped today (at 16:02) was that the DA has enough biological evidence for testing. The defense was trying to find out if there was enough biological evidence for them to test themselves, and call in their own experts for the prelim. They wanted the DA to show their card, but she didn't fall for it.

AT 17:09 he discusses the affadavit. He explains that each page has to be numbered, so all the evidence coming in quickly can complicate that system, especially since there is a deadline. The defense is setting an "evidentiary appeal trap" to rush the DA and cause mistakes to be made, so they can appeal. They are laying the foundation for an appellate court from day 1, not to WIN, but for technicalities! (Sneaky <modsnip> I hope I'm explaining this correctly. It's all a bit over my head, but you can listen to Chris. I think he does a good job of making it easy to understand for the average non-lawyer.)

He thinks there is a very strong case against Barry Morphew. Pay very close attention to his body language. Every time the prosecutor spoke, Barry leaned forward and looked over at him = control mechanism. Hopefully, in trial, jurors will pick that up.

Takeaways from the hearing:

1. Defense is going to put Govt. and PD on trial.

2. Release of search warrant will remain sealed= Code for change of venue.

3. Wanting all messages retained and admissible = laying foundation for appellate court.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

5. Evidentiary discovery of any dishonesty, in relationship to prosecutorial witnesses = all the meth-heads did it, not Barry.

6. Barry will be painted as the victim.

7. "Client is sitting in a cage." = poor choice of words or correct choice of words for a hunter? Or was that a strategy to diffuse/diminish the hunter idea? VERY interesting choice of words to use in a courtroom. Barry is not in a cage, but in a humane cell, unlike Suzanne.

Every state has its own Rules of Criminal Procedure where you'll find the Rules for Discovery and Procedure before Trial (i.e., Rule 16). Colorado Rule 16 is divided into 5 parts with subsections between each part:

Part 1 - Disclosure to Defense
(a) Prosecutor's Obligations
(b) Prosecutor's Performance Obligations
[..]

Part 2 - Disclosure to Prosecution
(a) The Person of the Accused
[..]

Part 3 - Regulation of Discovery
(a) Investigation Not to be Impeded
[..]

Part 4 - Procedure
(a) General Procedural Requirements
[..]

Part 5 - Time Schedules and Discovery Procedures
(a) Mandatory Discovery
[..]

IMO, I think what we saw at today's hearing was BM's defense going down an outline of Rule 16 - line by line, and making motions for specific items/processes for each section. This is what defense lawyers do, and I disagree that this should be categorized as laying the foundation for an appeal. Most appeals are not successful. I recall that BM's law firm was recently able to get Krystal Kenney resentenced on a plea agreement! I dunno but it seems to me that being thorough is good practice for them.

In order to appeal a criminal conviction in Colorado, you have to identify specific grounds for appeal. In general, the appellate court will not review new evidence or hear alternative arguments that could have been brought up during the trial. The basis for appeal includes showing:

• Errors of law
• Improper jury instructions
• Errors by the judge
• Prosecutor misconduct
• Improper application of the law
• Evidence did not prove guilt beyond a reasonable doubt

Only five to ten percent of appeals are successful and the verdict reversed.

How To "Appeal" A Criminal Court Conviction In Colorado
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator.

 

[Alethea]

Y'all please excuse me, but I was one of the goofballs who couldn't turn her camera off. Lol. (I think I finally did get it turned off, but I was panicking). I'm the type of person who leaves a piece of black tape over my camera at all times, so not sure why I even had that thing on. I was unsure if perhaps it was a "rule" that you had to show your face and your real name. But, now I know!

Here's Chris' latest video with explanation about the hearing. Thank you so much to everyone who explained the hearing. You are so valuable here!

*Chris said one of the bombshells dropped today (at 16:02) was that the DA has enough biological evidence for testing. The defense was trying to find out if there was enough biological evidence for them to test themselves, and call in their own experts for the prelim. They wanted the DA to show their card, but she didn't fall for it.

AT 17:09 he discusses the affadavit. He explains that each page has to be numbered, so all the evidence coming in quickly can complicate that system, especially since there is a deadline. The defense is setting an "evidentiary appeal trap" to rush the DA and cause mistakes to be made, so they can appeal. They are laying the foundation for an appellate court from day 1, not to WIN, but for technicalities! (Sneaky <modsnip> I hope I'm explaining this correctly. It's all a bit over my head, but you can listen to Chris. I think he does a good job of making it easy to understand for the average non-lawyer.)

He thinks there is a very strong case against Barry Morphew. Pay very close attention to his body language. Every time the prosecutor spoke, Barry leaned forward and looked over at him = control mechanism. Hopefully, in trial, jurors will pick that up.

Takeaways from the hearing:

1. Defense is going to put Govt. and PD on trial.

2. Release of search warrant will remain sealed= Code for change of venue.

3. Wanting all messages retained and admissible = laying foundation for appellate court.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

5. Evidentiary discovery of any dishonesty, in relationship to prosecutorial witnesses = all the meth-heads did it, not Barry.

6. Barry will be painted as the victim.

7. "Client is sitting in a cage." = poor choice of words or correct choice of words for a hunter? Or was that a strategy to diffuse/diminish the hunter idea? VERY interesting choice of words to use in a courtroom. Barry is not in a cage, but in a humane cell, unlike Suzanne.

Yeah... I don't agree with almost any of this. Defendants are entitled to review the evidence against them. The prosecution has an absolute duty under Supreme Court precedent to turn over all evidence to the defense. A defense lawyer demanding to see the evidence that supports very serious charges is not trying to "trip up" the prosecution, they are doing their job. The job required by the Constitution.

Yes, all evidence produced in any legal case is numbered with a "Bates stamp" but this has been done electronically for the past 20 years. There is no such thing as "overwhelming the system" because programs simply process the documents into the state's required format and add the numbers. I have produced millions of pages of documents in an antitrust case in a week. 10,000 pages could be done in an afternoon.

This is the required, important job of a defense attorney. I rarely agree with or support trial antics or imaginary defenses. But obtaining and reviewing the evidence that supports very serious charges against your client - even if your client is the worst person in the world - is the job and it is an important part of our justice system.

 

[girlhasnoname]

Disappointed we don't get to see the AA yet, but I'd much rather try and be patient than to cause any harm to the State's case.

So many thought that LE was dragging their feet, doing nothing, clueless during the many months before BM's arrest, but obviously they were keeping a tight lid on their progress. Kudos to LE for making BM sweat it out, it seems to have been a cat and mouse game to him. YOU LOST Barry, now be a good boy and sit quietly in your cage until your trial.

P.S. - Does anyone else get immense satisfaction in seeing this perp shackled and in an orange striped jumpsuit??? I know it's juvenile of me, but I love it. He is such an arrogant little man.

IMO

 

[Barry]

Yeah... I don't agree with almost any of this. Defendants are entitled to review the evidence against them. The prosecution has an absolute duty under Supreme Court precedent to turn over all evidence to the defense. A defense lawyer demanding to see the evidence that supports very serious charges is not trying to "trip up" the prosecution, they are doing their job. The job required by the Constitution.

Yes, all evidence produced in any legal case is numbered with a "Bates stamp" but this has been done electronically for the past 20 years. There is no such thing as "overwhelming the system" because programs simply process the documents into the state's required format and add the numbers. I have produced millions of pages of documents in an antitrust case in a week. 10,000 pages could be done in an afternoon.

This is the required, important job of a defense attorney. I rarely agree with or support trial antics or imaginary defenses. But obtaining and reviewing the evidence that supports very serious charges against your client - even if your client is the worst person in the world - is the job and it is an important part of our justice system.

Well said. If the prosecution would not be up to the task of providing what's being asked for, I would fear for the case that they have. MOO.

 

[SouthAussie]

I have seen a bunch of cases where the prosecution doesn't have all of the discovery material together before the first court appearance. And the judge then has what we call Mentions (brief court appearances with all parties) to keep things on track, and keep things moving.

I would doubt there is a problem - other than delays in gathering all of the bits and pieces from all the different sources.

I recall speculation earlier that BM might have been going somewhere, and that is why they very publicly arrested him on the street.
It could be that the prosecution/police weren't quite ready with all of their discovery materials - but they had to arrest him right then. Otherwise he would be gone.

 

[BUF]

Carol McKinley@CarolAMcKinley


In a Chaffee Co Courtroom: As #BarryMorphew looks on, his new attorneys, Dru Nielsen and Iris Eytan make numerous discovery requests for things like investigators' texts and preservation of biological evidence. No decision yet on release of arrest aff. #suzannemorphew

3:44 PM · May 27, 2021·

Replying to
@CarolAMcKinley
Morphew is shackled, masked and dressed in an orange and white jail outfit. He looks down to stretch his neck as tedious legal language goes long. None of his family is in the courtroom.

3:44 PM · May 27, 2021·

Replying to
@CarolAMcKinley
Eytan says they have not received discovery and " we want to get Mr. Morphew released...he's sitting in a jail cell." Prosecution says it will take time to get this organized. There are 10,000 pgs of police reports. Judge orders they need the info asap. By next week.

3:49 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The courtroom only has 16 seats available for the gallery, but reporter-types had no trouble finding a place to watch from inside.

3:53 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The Arrest Affidavit will not be released today. Judge needs more time. He may hold a hearing before he makes his decision. Morphew is sitting up straight, leaning forward and paying attention now.

3:58 PM · May 27, 2021·

Replying to
@CarolAMcKinley
The next hearing is the prelim. It will take 4 days and will be held August 9th and 10th. And August 23rd and 24th #suzannemorphew

4:08 PM · May 27, 2021·

I have a feeling the AA will remain sealed and we will not get any new information until the Prelim starting August 9th.