Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #62 *ARREST*

[10ofRods]

Allowing the victims several months before the arrest affidavit is publicly released will not appreciably affect their mental health state. Whether they find out now, two months from now, or two years from now; they will be traumatized, similar to many other victims of heinous and violent crimes. IMO.

That's the part I'm not getting. I don't really care, at this point, when the thing gets released, but I don't see how waiting two months is going to help the daughters unless...see my above post. If Barry speaks with them and summarizes it, and tells them how it's wrong, at least they'll know what's in it. Of course, Barry should have set aside funds for them to get real professional help. In theory, they have a wrongful death case against their father, so even just getting their own lawyer, one who deals in such matters, could help. I don't know what would help, really.

But all victims of heinous crimes suffer lifelong trauma, I agree.

I am left with the persistent idea that the AA contains stuff that is inadmissible. The DA must surely have felt it was necessary to put those parts of discovery into the affadavit to ensure an arrest warrant. Off the top of my head, I can think of one set of "facts" that would be incriminating but probably not admissible (and that may relate to conversations Barry had in Indiana).

 

[CGray123]

The press isn't perfect, but MOO it beats a secret judicial power.

ITA with both assessments! But as to the second, CRCP Rule 55.1 assures that documents will be public, while giving judges discretion to protect the process and assure a fair trial. That's all that happened here IMO. I disagree that there is now a Star Chamber in operation.

 

[CGray123]

Allowing the victims several months before the arrest affidavit is publicly released will not appreciably affect their mental health state. Whether they find out now, two months from now, or two years from now; they will be traumatized, similar to many other victims of heinous and violent crimes. IMO.

I agree. I didn't like this argument when it was made, and I like it less now. I think the judge just wanted to give the girls a chance to get out of town (it's full of good people I don't doubt, but what a dystopian life they would live in the circumstances), make other important decisions, and get on with life if they so chose. I admire his compassion, but I don't think it is among the "substantial interests" Rule 55.1 intended to protect.
.

 

[SouthAussie]

Just going to put this here ... as it is a reminder of the conditions under which the AA is temporarily sealed.

BBM

1. Could impede the defense’s investigation and Barry Morphew’s right to a fair trial

2. Contains inflammatory information that could be used to harass Barry and Suzanne’s two daughters

3. Concerns about the time needed to redact the extensive amount of information included in the affidavit - significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial

4. Will remain sealed until at least seven days after a proof evident/preliminary hearing scheduled across four days on August 9, 10, 23 and 24

Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September

 

[Trackergd]

@10ofRods, what it appears to me is that what the girls may not be able to cope with now, they might be able to in September is that in the period between, experts assigned by the court/LE/family will be preparing them to deal with the details so the shock will be blunted to a degree.

 

[Ontario Mom]

@10ofRods, what it appears to me is that what the girls may not be able to cope with now, they might be able to in September is that in the period between, experts assigned by the court/LE/family will be preparing them to deal with the details so the shock will be blunted to a degree.

It's interesting how we all come away with different scenarios.

I picture BM reading the AA, realizing his charade is over, and yet him still filled with that "meth head!" anger. His gears immediately begin to weave a story to tell the girls, how he's been framed by the local LE. Statements given were lies, evidence recovered was planted, and he'd have gotten away with it too, if it weren't for those meddling CCSO deputies on the hillside that day...

I think he's going to have one whopper of a lie, as a defense.

jmo

 

[nyvictoria]

I attended a funeral service at a church for a former Christian colleague who died on the way to the airport after being run off the highway, per witnesses at 4 am. He left a wife and very young children. The message was not to grieve but to rejoice. His mission on earth was complete and he was being called “home” early. It was all part of God’s plan.
At the wake his wife was comforting other non Christians. She was at peace because it was what God wanted and he husband was now with God. She did not question what happened

So I believe Barry told the girls It was Gods plan and it was not for them to question who or why. Her time on earth was complete and God needed to bring her “ home” . Your mother would not want you to be sad. Live the life your mother wanted for you.

The person you mention was a real Christian not a Barry PseudoChristian. Him telling the girls that presumes he knew she was dead unless it was God’s plan for her family to have no idea what happened to her. I’ve thought all along that he convinced the girls that he knew who did it and why. Whatever his explanation to his daughters, they apparently bought it or I think they would have gone public with pleas to find their mother.

 

[nyvictoria]

Allowing the victims several months before the arrest affidavit is publicly released will not appreciably affect their mental health state. Whether they find out now, two months from now, or two years from now; they will be traumatized, similar to many other victims of heinous and violent crimes. IMO.

Yes and through no fault but their father’s.

 

[Chelly]

Just going to put this here ... as it is a reminder of the conditions under which the AA is temporarily sealed.

BBM

1. Could impede the defense’s investigation and Barry Morphew’s right to a fair trial

2. Contains inflammatory information that could be used to harass Barry and Suzanne’s two daughters

3. Concerns about the time needed to redact the extensive amount of information included in the affidavit - significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial

4. Will remain sealed until at least seven days after a proof evident/preliminary hearing scheduled across four days on August 9, 10, 23 and 24

Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September

My stars! BM's girls are not children; they are adults. This judge is unusually sympathetic of the suspect's family. In over 40 years of following murder trials, this is a first for me.

 

[Boxer]

ITA with both assessments! But as to the second, CRCP Rule 55.1 assures that documents will be public, while giving judges discretion to protect the process and assure a fair trial. That's all that happened here IMO. I disagree that there is now a Star Chamber in operation.

Agree, just generally the process and ita components need to be public, and that means press.

 

[Ontario Mom]

My stars! BM's girls are not children; they are adults. This judge is unusually sympathetic of the suspect's family. In over 40 years of following murder trials, this is a first for me.

I've found it a little strange as well that these girls are being treated as if they're small children.
One is college age and the other just graduated HS.
My youngest two girls are the exact same ages.
Yes, they're young women, and yes, their dad being charged with murdering their missing mom, is a horrific fact that they have to face, but they're not little girls.

 

[DizzyB]

I just watched a bit of Iris Eytan at work, in a Dateline episode about Tom Fallis. In my opinion, he got off, and he can thank his attorneys.

 

[Knox]

My stars! BM's girls are not children; they are adults. This judge is unusually sympathetic of the suspect's family. In over 40 years of following murder trials, this is a first for me.

For me as well and I just don't understand it. The judge in Gannon's case didn't have that type of concern for his murderer's teen daughter? I could go on to cite many other equally high profile & horrific cases, but I don't think it's necessary.

Pay someone the overtime to redact and be done with it already!!

 

[Momofthreeboys]

The WorldWideWeb is filled with arrest records for people charged with serious felonies. The people have a right to learn who's been arrested for serious crimes and why they're facing those charges.

I do not agree that records should be sealed as so many have been. Case in point is the JonBenet Ramsey Grand Jury's decision. Boulder, CO's DA Alex Hunter chose not to indict on the GJs True Bill without the public's knowledge.

It took a very lengthy battle to finally obtain those records. The people would have been outraged at his lack of indictments had they known of them at the time.

Barry is facing a lifetime in prison. The people deserve to learn how he came to be charged with Murder 1. More importantly, as the law allows, Suzanne deserves his culpability in her death to be released to the public.

MHOO and all that jazz

That is what the preliminary is for…to establish whether the case moves to trial or is dismissed. Why does the media or the public need to know anything prior to that point. Wants and needs are not the same. The public has always had transparency to trials. This feels more about wanting to know what made the judge sign the arrest warrant than it does needing to know.

 

[Puzzles8]

It's interesting how we all come away with different scenarios.

I picture BM reading the AA, realizing his charade is over, and yet him still filled with that "meth head!" anger. His gears immediately begin to weave a story to tell the girls, how he's been framed by the local LE. Statements given were lies, evidence recovered was planted, and he'd have gotten away with it too, if it weren't for those meddling CCSO deputies on the hillside that day...

I think he's going to have one whopper of a lie, as a defense.

jmo

I am willing to bet this is not the first time BM has bamboozled (my dad's term) their girls. Those girls are between a rock and a hard place, and might have been so for a long time. They have lost their mom. In addition, their father might be responsible for her death. In that case they have lost both parents.

Certainly, at some point the AA will be released, albeit severely redacted. As the trial nears, more case details will come out. Their girls will be heartbroken if it comes out today or months from now....

I just hope and pray they have good counseling, support and good legal counsel to help them understand and process the contents of the AA. If that means we don't see the AA soon (and I don't think we will), that's fine with me. As long as BM eventually meets his justice.

I can't help but believe, BM has a long history of bamboozling many people and I think a lot of it will come into play at his trial.

JMO, MOO

 

[Deleted member 222031]

The public has always had transparency to trials. This feels more about wanting to know what made the judge sign the arrest warrant than it does needing to know.

Unfortunately, this statement, BBM, is not true of CO, according to a Denver Post investigation.

"Thousands of court cases across Colorado — hundreds of them involving violent felonies — are hidden from public view, concealed behind judges’ orders that can remain in effect for years, The Denver Post has found.

"More than 6,700 civil and criminal cases have been restricted from public access since 2013, usually by judges who agreed to a request from prosecutors or defense lawyers to shield them, The Post found. Of those, 3,076 are still under suppression orders that keep the details away from the public — 345 are felony criminal cases — as they work their way through the legal system, according to state computer records.

"Until recently, no information about any of the suppressed cases was available publicly — not the names of the defendants, the charges they faced or even the identity of the judges who closed them — until The Post began questioning the practice."

Shrouded justice: Thousands of Colorado court cases hidden from public view on judges’ orders – The Denver Post

 

[Hoss569]

I got what you meant - but I will say, as the discussion here on WS unfolds, I keep thinking how one person like Barry (who has probably told different, equally implausible stories to different people) is so crazy-making. He's probably capable of splitting any group of people into warring tribes.

I just keep thinking about that one picture of him (where he's wearing the white and black striped jumpsuit). That's who the real Barry is. He looks hard, manipulative, extremely angry and threatening. Not the jolly guy in the Mexican vacation photos or even the indignant man in the mug shot.

In between those two points of time, he read the AA. We don't know what's in it, but I will bet internet donuts that at least one of the witnesses is a Big Surprise for Barry (e.g., a current girlfriend, a neighbor in Poncha, maybe one of his "good friends.") In fact, I bet there were several such surprises for him.

It's easy for us to get into arguments (that are really non-arguments) as we try to disentangle what the heck this man was saying and doing over the past year.

The only part I'm truly confused about now is the part where the Judge thinks that the girls will be terribly upset and unable to cope if they read the AA - but that, when it is released in September, they'll be okay? Won't the preliminary hearing itself be really difficult for them??

In theory, there's time for Barry to be truthful or something with his daughters - at least warn them of what LE is saying about him. He can deny all of it to them, but is he really going to leave them in the dark until August????

ITA, Al tho I felt he gave a good impression of a jolly guy in those photos > I wondered if their may be something in the AA that the judge had trouble comprehending or believeing some of the things discovered. So much so he wanted to delay till their was some verification's of the details, or at least be able to discuss and debate to make things understandable in court. If that makes sense.

 

[Momofthreeboys]

Unfortunately, this statement, BBM, is not true of CO, according to a Denver Post investigation.

"Thousands of court cases across Colorado — hundreds of them involving violent felonies — are hidden from public view, concealed behind judges’ orders that can remain in effect for years, The Denver Post has found.

"More than 6,700 civil and criminal cases have been restricted from public access since 2013, usually by judges who agreed to a request from prosecutors or defense lawyers to shield them, The Post found. Of those, 3,076 are still under suppression orders that keep the details away from the public — 345 are felony criminal cases — as they work their way through the legal system, according to state computer records.

"Until recently, no information about any of the suppressed cases was available publicly — not the names of the defendants, the charges they faced or even the identity of the judges who closed them — until The Post began questioning the practice."

Shrouded justice: Thousands of Colorado court cases hidden from public view on judges’ orders – The Denver Post

Is there a link that isnt behind a paywall? If not I will go find this…looks like it was 2018 this investigative series was done so I ought to be able to find someone’s reporting.

 

[SouthAussie]

@10ofRods, what it appears to me is that what the girls may not be able to cope with now, they might be able to in September is that in the period between, experts assigned by the court/LE/family will be preparing them to deal with the details so the shock will be blunted to a degree.

Is it possible that the 'inflammatory information' that might be used to harass the girls could also be part of the 'significant portion of information in the Affidavit that was not relevant to the Court’s finding of probable cause and possibly not admissible at trial' ?

Because if it is - and it is something pretty horrible but unrelated - it might not even see the light of day, and the girls will never know what it is.

Perhaps this inflammatory information might be subject to some private submissions in judges chambers or closed court, to determine admissibility, before the matter is brought to public court.

 

[SouthAussie]

Is there a link that isnt behind a paywall? If not I will go find this…looks like it was 2018 this investigative series was done so I ought to be able to find someone’s reporting.

Not behind a paywall for me .. but there are many articles out there about it. Here are a few. Maybe you can view one or more of these.

PERRY: Denver Post reveals a Colorado court scandal that should be job one for voters to fix this fall - Sentinel Colorado
Denver Post Investigation Reveals Thousands Of Suppressed Colorado Court Cases
Denver Post Shines Light on Suppressed Court Documents