Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #86

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I am seriously shocked by Barry's appearance. He looks so old and frail, like he's in pain. Fragile.

I suppose it's true that guilt will eat you alive. However, I have to doubt that's what is happening here. He did chase his wife around her property, and overpower her like an animal, less than 2 years ago.

I'd bet the bank he's showing out for the cameras a la Harvey Weinstein/ Robert Durst.

There will be many people out there, who don't know him like we do, and who buy it. Yikes.
I think we got used to seeing older images of him and Suzanne plus it has been almost 2 years since Suzanne went missing. People change quite abit in their 50s especially if they slow down physical activities or workouts. It looks like he let the hair go gray :)
 
Would an attorney provide wardrobe tips for their client? Does it matter? I was surprised byBarry’s fashion choices, but that’s just me.
I think BM was told to wear what he would normally wear on a work day....and maybe also it was suggested to him that he get back to work....and create more $$...since he is going to need it.
 
I am seriously shocked by Barry's appearance. He looks so old and frail, like he's in pain. Fragile.

I suppose it's true that guilt will eat you alive. However, I have to doubt that's what is happening here. He did chase his wife around her property, and overpower her like an animal, less than 2 years ago.

I'd bet the bank he's showing out for the cameras a la Harvey Weinstein/ Robert Durst.

There will be many people out there, who don't know him like we do, and who buy it. Yikes.
ITA Swedeheart, a ploy for the cameras. Plus, it looks like he isn't getting his previously regularly scheduled botox or fillers, although he did run to the hair color isle ASAP. :p He's a sad, little excuse of a man and it shows.

MOO
 
https://twitter.com/laurenscharftv/status/1458222975258402823?s=21

Judge Patrick Murphy has denied the defense motion about the violation of pretrial publicity saying there needs to be an affidavit. He said there needs to be a lot more detail than one sentence.
This motion was never going anywhere. It's just more evidence - as if we need more - that the defense is burning through BM's money with motions he expects to see, as a follower of "true crime" that have no chance.
 
"The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. ... The defendant bears the burden to prove that the undisclosed evidence was both material and favorable.
Defense is asking for dismissal of the case against BM. I have never seen and cannot find a case where this was imposed before trial as a consequence for a Brady violation. Prosecutors can face sanctions and the DA's office can even be disqualified from continuing to represent the state in the case. A conviction can be overturned and the case remanded. But dismissal doesn't make sense if the exculpatory evidence gets disclosed before trial, even if it was deliberately avoided in the AA and the PH testimony.

I am not an attorney, just an observer. Can one of our attorneys comment as to whether there's a precedent for dismissal as a remedy in these circumstances?
 
Thanks to everyone for providing the coverage of yesterday's fiasco.

I think BM has the idea, every time he goes to court, that this is will be hearing that will make it all go away.

My takeaway is that nothing was accomplished from the hearing, except BM's legal bill got bigger, and the defense poked the judge in all the wrong spots.

I also think the defense is going to have a chat with BM and the daughters re appropriate court attire, since they apparently didn't get that memo.

moo
Agree with everything you said, except for his attire. That’s how the DA was dressed at the PC announcing charges. It only brings attention to him. I don’t think his looks even matter.

As for the DA, she said she had to get to the PC and wasn’t interested in going back home to dress differently first. I’m guessing they all dress that way there.

His attorneys are out of Denver. I am sure he will be dressed quite well for the trial.
 
This motion was never going anywhere. It's just more evidence - as if we need more - that the defense is burning through BM's money with motions he expects to see, as a follower of "true crime" that have no chance.

I think I'd rather see them go through this now in motions hearings than to hold all of this to after trial. My feeling is is it is less about "whose" DNA than it is about whether prosecution held back information which is prosecutorial misconduct or whether prosecution failed to follow through with investigation of the DNA. The later goes to probable cause since no one knows exactly when Suzanne disappeared, how she disappeared or where "she" is now so being able to negate any possibilities strengthens prosecution's case. Both could come back after trial so best to get it out of the way now in my opinion. Again, the judge, contrary to some people's opinion, has not really showed any favoritism to one side of the other. He seems to have control of the court as he should and not every motion hearing is going to be explosive...sometimes it's downright tedious because it deals with technicalities generally in my opinion.
 
Too bad the writer doesn't explain the DNA as partial. :mad:
Doesn't really matter in my opinion....all that matters is did prosecution hold back info from defense and did they follow through in a generally accepted manner professionally with the information they had. All this chatter about the DNA partial/match/profile is secondary in my opinion and should have shaped how investigators followed through or not followed through which I think would clear up the evidentiary value or lack of value with regard to trial. Media loves that stuff only because it grabs people's attention and adds intrigue.
 
Does the Prosecution EVER provide the Defense with their working memoes? Think how voluminous that would be! All their inter-office communication!

Gosh, this seems like circus without a pony.

Pounding the cymbals --

JMO
 
Holy jeez what a waste of the courts time , This all had to be Barry’s idea the attorneys should of known what the outcome would be . At this rate I wonder if Barry will have enough cash to pay them for the trial lol .jmoo
 
“Judge Patrick Murphy on Tuesday did not find any potentially exculpatory evidence was withheld from the defense”
Barry Morphew’s defense attorneys claim there’s a ‘black hole’ in the case | FOX21 News Colorado

I saw someone use the phrase "belly flop" on another platform in relation to the defense's performance yesterday and I totally agree.
IMO It was stunning to have them fumble/flounder so badly. Just a terrible performance. In a effort to confuse the issues, they seemed to be most confused.

The contrast in body language of BM and family going into court and then out of court IMO told the story pretty well.

JMO
 
Does the Prosecution EVER provide the Defense with their working memoes? Think how voluminous that would be! All their inter-office communication!

Gosh, this seems like circus without a pony.

Pounding the cymbals --

JMO
Not items related to theories or strategies....they call that work product...but all other raw information yes they are required by law to turn it over to defense in a timely manner as they receive it if that occurs after the trial process has begun. And defense has to turn over anything their investigators turn up..but closer to trial. I'm not sure why you feel that is a circus without a pony. There should be no "surprises" to either side at trial.

Crim. P. Rule 16(I)(a)(1), (2). – The Prosecution’s Duties of Disclosure
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator
 
Doesn't really matter in my opinion....all that matters is did prosecution hold back info from defense and did they follow through in a generally accepted manner professionally with the information they had. All this chatter about the DNA partial/match/profile is secondary in my opinion and should have shaped how investigators followed through or not followed through which I think would clear up the evidentiary value or lack of value with regard to trial. Media loves that stuff only because it grabs people's attention and adds intrigue.
And it's always a good way to prematurely sway a jury......;)
 
“Judge Patrick Murphy on Tuesday did not find any potentially exculpatory evidence was withheld from the defense”
Barry Morphew’s defense attorneys claim there’s a ‘black hole’ in the case | FOX21 News Colorado

I saw someone use the phrase "belly flop" on another platform in relation to the defense's performance yesterday and I totally agree.
IMO It was stunning to have them fumble/flounder so badly. Just a terrible performance. In a effort to confuse the issues, they seemed to be most confused.

The contrast in body language of BM and family going into court and then out of court IMO told the story pretty well.

JMO
It was interesting because it felt off to me also...but all we had were texts from non-legal media people - I wonder if they were off their game because the intent was to have the former prosecutor up front and when the webx had technical issues it threw her off the rhythm of the presentation. But there was a continuation to Dec. 14 so we'll see what happens then. The motions were all tabled from early summer and things have morphed also which made it feel off...the judges response about being "old" motions felt odd since he was the one who tabled them to after the preliminary to begin with. I did not get the impression that they were attempting to "confuse the issue"....the issue was clear - defense feels that prosecution held back information and were less than truthful during the preliminary. I got the impression that they weren't able to present well yesterday for some reason...bad day or JL getting bumped to another day or responses they weren't expecting...we'll probably never know. And maybe they will rewrite the motions as well as add the affidavit to the complaint regarding the gag order prior to the 14th. They seem to have the detail.
 
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