Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[mrjitty]

Lol at judges getting a pass because they are hoodwinked or taken advantage of. They made absolutely terrible decisions, that let a murderer walk. The DNA was not a match. He is a judge. It is his courtroom. He said the DNA mattered in his conclusion to grant bail and change of venue. The DNA was not related, and for whatever reason (shady or incompetence ) Murphy made the DNA non match a match. Weird that a judge on a murder trial doesn't understand DNA evidence-like a pilot not able to read an altimeter. Why does he get a pass? He got the wool pulled over ? LS isn't granted that leniency in her inabililty to do her job. Maybe LS just got hoodwinked. Lama is shady as the north side of Longs Peak. His judgements should have went in the trash with BM trash runs. Lindsey pulled the rug out on LS with the timing.

I am cynical and believe BM walked because of shady and nefarious actors. You forgot to mention Cahill, the lead investigator for the cbi who spoke with the defense attorney before testifying at the PH. He completely threw the case. That's shady

I don't blame Judge Murphy for this - the evidence put in front of him was not correct. He can only make his decision on the evidence in front of him and a poor witness opened the door.

 

[MountainDad]

I don't blame Judge Murphy for this - the evidence put in front of him was not correct. He can only make his decision on the evidence in front of him and a poor witness opened the door.

I don't blame him completely, but he made a bad decision granting bail. He also allowed 2 days testimony on sm character with the unrelated affair. The following day was DNA in the glove box day. He allowed prosecution to own the show and take the majority time.

The recusal was odd as well. Barry's girlfriends was arrested for trespassing at puma path home. She gets an attorney that knows Judge M. He recuses. The trespassing case is dropped. Imo that's an easy way for a defense attorney to get a more favorable Judge. Introduce a conflict of interest. Wonder why the trespassing case was dropped?

There is another shady judge though. He granted BM POA 2 months after he killed her . BM liquadated assets. Sick that IE is living off SM share of two homes.

 

[Seattle1]

I don't blame Judge Murphy for this - the evidence put in front of him was not correct. He can only make his decision on the evidence in front of him and a poor witness opened the door.

Agree and Judge Murphy followed the law here for bail release. It's not the same as probable cause.

 

[Seattle1]

From the July 22, 2021 Discovery Motions hearing -- confirms defense had discovery far in advance of the prelim.

Replying to
@LaurenScharfTV
"There is a difference between that you are not providing the discovery versus them not able to retrieve the discovery you provide," Judge Murphy said.

9:54 AM · Jul 22, 2021

Replying to
@LaurenScharfTV
JUDGE MURPHY: “I’m told by two different attorneys, two different things.” (in regards to what has been given and what hasn't and what is inoperable of the discovery)

10:07 AM · Jul 22, 2021

 

[Seattle1]

Morphew Pretrial Hearing Wraps Up, Awaiting Trial Decision - by Jan Wondra - Ark Valley Voice

8/25/2021

[..]

“I have 25 pages of notes and I’ve heard 20 hours of testimony,” said Colorado District 11 Chief Judge Patrick Murphy. “This will take some time,” he added, telling the courtroom that he would meet with the attorneys to set a schedule for the next steps.

Murphy did not appear perturbed by a request from the disappointed defense attorneys Dru Nielsen and Iris Eytan who wanted the judge to make an immediate decision regarding whether the case will go to trial, saying “We are begging the court to at least rule on proof of evidence today … so Mr. Morphew doesn’t have to sit in jail.”

“I’d rather make the decision correctly, rather than expeditiously. The evidence, either way, is the same,” said Murphy. “I’m going to have to put quite a bit of effort into laying out that evidence so it’s clear in my head. I’m not doing it today.” He paused slightly and added — “I’m not a robot.”

[..]

 

[Seattle1]

Nov 9, 2021, is the hearing where IE wasted the court's time with her circular arguments -- designed to confuse all including the Judge.

The Court asked the defense to come back with a SPECIFIC LIST (new Motion) of what they were missing. Court also asked both sides to meet to get clarification.

But IE never intended to produce any list and she never met with prosecutors for clarification as requested by the court because she was already working to get Judge Murphy removed, and used Nov 9 to get the allegations on the record.

And the minute Judge Lama replaced Murphy, IE ambushed the prosecution. It worked, Lama believed every old allegation as fact and the prosecution never recovered! MOO
___________________________________________

Judge Murphy says he's a bit lost in what the argument is that defense attorneys are trying to get across here. Prosecutors say they're not sure why they're here for this hearing. Defense says they're trying to prove there was withholding of exculpatory evidence.
@KKTV11News

3:25 PM · Nov 9, 2021

Judge says the prosecution didn't really present much evidence during the preliminary hearing to show what the DNA match meant which he says helped him decide that there wasn't enough evidence to continue to keep #BarryMorphew without bond.
@KKTV11News

3:27 PM · Nov 9, 2021

Iris Eytan trying to explain why there are witnesses here to testify about meetings between prosecutors and CBI that defense attorneys were not made aware of. She says Agent Cahill with CBI lied about his knowledge of the DNA evidence in the case.
@KKTV11News
#BarryMorpehw

3:29 PM · Nov 9, 2021·

Eytan says information about an alternate suspect in the case was hidden from them. Prosecutors say this is going down a road leading to nowhere. He now says that maybe defense has it because there's so much evidence. Iris fires back with a hard "no" #BarryMorphew
@KKTV11News

3:32 PM · Nov 9, 2021

Judge says "I'd like to have something productive come out of this hearing." He says we will have to continue this hearing for some other time. He is asking Eytan to focus her questioning on a specific thing because court closes in 15.
@KKTV11News
#BarryMorphew #SuzanneMorphew

3:45 PM · Nov 9, 2021·

Eytan asks Cahill if he wants to change any of his testimony from the day of the prelim. He says no. She's questioning him on the DNA partial match to the unsolved case out of Tempe, Arizona.
@KKTV11News
#BarryMorphew #suzannemorphew

3:48 PM · Nov 9, 2021·

Judge says "I think I need to shut this down." He says it is no one's fault but some of the motions filed were old and a bit broad. New motions that should be filed should include what exactly the Defense is asking for and what exactly they are missing.
@KKTV11News

3:51 PM · Nov 9, 2021

Judge is working to reschedule this hearing. He is asking for a specific list of missing items defense does not have. Judge orders both sides to meet to get clarification on the issues that need to be addressed so we do not waste time.
@KKTV11News
#BarryMorphew #SuzanneMorphew

3:55 PM · Nov 9, 2021·

 

[Seattle1]

Agree and Judge Murphy followed the law here for bail release. It's not the same as probable cause.

Appending post with the definition of "proof evident presumption great" -- the test to determine whether or not bail can be granted, per Judge Murphy.

" Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”

“This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: “proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.”

“This is the same standard that courts use in Colorado to terminate parental rights.”

The Meaning of “proof evident presumption great”

[..]

In Colorado, a defendant has an absolute right to bail except in prosecutions where the proof is evident or presumption of guilt is great. But unlike a hearing, the probable cause hearing there is no presumption in favor of the prosecution – the weight given to evidence or witnesses is solely at the discretion of the court and impacts whether bail will be considered.

So what does that term actually mean? The standard of proof for “proof evident” is greater than probable cause, but less than what is required for a conviction. “It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy. “This is the same standard that courts use in Colorado to terminate parental rights.”

Citing court cases for decisions related to proof evident, he explained, “bail shall be denied when the circumstances disclosed indicate a fair likelihood that the defendant would be convicted at a trial with the highest standard – proof beyond a reasonable doubt … I find that the answer to that question is no. Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”

He laid out the prosecution evidence again, (no direct evidence – no one saw him murder her, no one heard any disturbance, he hasn’t admitted anything) he also noted that the home surveillance was disabled. The cameras were off. The DVR hasn’t been found. There is no forensic evidence, no blood in the house, garage, property, or in his truck, in his bobcat, or at the hotel.

Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. “I think it is unlikely that she intentionally disappeared.”

He pointed out that “I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.” He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

“This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: “proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.”

 

[CGray123]

I don't blame him completely, but he made a bad decision granting bail. He also allowed 2 days testimony on sm character with the unrelated affair. The following day was DNA in the glove box day. He allowed prosecution to own the show and take the majority time.

The recusal was odd as well. Barry's girlfriends was arrested for trespassing at puma path home. She gets an attorney that knows Judge M. He recuses. The trespassing case is dropped. Imo that's an easy way for a defense attorney to get a more favorable Judge. Introduce a conflict of interest. Wonder why the trespassing case was dropped?

There is another shady judge though. He granted BM POA 2 months after he killed her . BM liquadated assets. Sick that IE is living off SM share of two homes.

Murphy allowed E&N latitude to elicit testimony about SM's boyfriend because intimates are always alternative suspects. They wasted much of their alotted time on this issue, which did not influence Murphy's decision at all. He makes no mention of it in his rationale. Shady? No.

The issue in recusal was not SD''s arrest for trespassing. It was the fact that SD was listed by the DA as a witness in BM's trial, and that as a witness she would be represented by the judge's best friend. The judge asked whether the DA would remove her as a witness and the DA declined. That situation created a real conflict and Murphy had no choice but to disqualify himself. Shady? No.

Murphy didn't decide to arrest SD: Sheriff Spezee did, probably IMO because he was advised that this was a way to get a warrant to search her residence and her electronic records which were otherwise unavailable. I'd probably make the same call. Shady? No.

The trespassing case was dropped because Colorado law requires a landowner to establish more extensive barriers and signage than the new owners had, to make an unnauthorized intruder a trespasser. Shady? No.

An Indiana judge granted limited POA so that BM could comply with the terms of a contract, previously entered by both BM and SM, to sell their Indiana assets. At the time he was not charged with SM's murder. SM's own adult daughter signed off on the application and no one who was entitled to intervene did so. Shady? No.
<modsnip>

All MOO.

 

[MountainDad]

Murphy allowed E&N latitude to elicit testimony about SM's boyfriend because intimates are always alternative suspects. They wasted much of their alotted time on this issue, which did not influence Murphy's decision at all. He makes no mention of it in his rationale. Shady? No.

The issue in recusal was not SD''s arrest for trespassing. It was the fact that SD was listed by the DA as a witness in BM's trial, and that as a witness she would be represented by the judge's best friend. The judge asked whether the DA would remove her as a witness and the DA declined. That situation created a real conflict and Murphy had no choice but to disqualify himself. Shady? No.

Murphy didn't decide to arrest SD: Sheriff Spezee did, probably IMO because he was advised that this was a way to get a warrant to search her residence and her electronic records which were otherwise unavailable. I'd probably make the same call. Shady? No.

The trespassing case was dropped because Colorado law requires a landowner to establish more extensive barriers and signage than the new owners had, to make an unnauthorized intruder a trespasser. Shady? No.

An Indiana judge granted limited POA so that BM could comply with the terms of a contract, previously entered by both BM and SM, to sell their Indiana assets. At the time he was not charged with SM's murder. SM's own adult daughter signed off on the application and no one who was entitled to intervene did so. Shady? No.

<modsnip>

All MOO.

<modsnip> Any judge in their right mind doesn't grant POA to a suspect in an open investigation for murder.

<modsnip>

 

[Seattle1]

<modsnip> Any judge in their right mind doesn't grant POA to a suspect in an open investigation for murder.

<modsnip>

If OP is referring to BM receiving temporary guardianship, at least this authority came with court oversight of the transactions. BM's initial attorney fired him after she found he quit claimed joint property located in Indiana to himself without court approval but it was caught before he sold the parcel.

Also, BM was not a suspect when he received temp guardianship only weeks after SM was reported missing. We monitored this closely and no interested party protested his petition or appointment.

I recall we had long debates here over the loopholes in Indiana's laws governing guardianship that did not provide for SM to be independently represented during this process. But this is the responsibility of the state legislators and not the Judge that has to rule according to the laws of his state. MOO

ETA: add link

CO - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

Minute Entries (Most recent at top) 02/23/2023 03/07/2023 03/07/2023 Input Date: Unavailable Type: Appearance Filed Appearance filed. dc For Party: Morphew, Barry L File Stamp: 03/07/2023 Input Date: Unavailable Type: Motion Filed Petition to Reopen Guardianship for the...

www.websleuths.com

 

[Seattle1]

Thanks for this - sounds like total bureaucratic failure

Not to mention it's a private citizen from Douglas County (Denver) filing the two requests for investigations (that were submitted to the Colorado Supreme Court’s Attorney Regulation Counsel, citing violations of Colorado Rules of Professional Conduct by the 11th Judicial District Attorney’s Office)!!

He (Tom Chelston) alleges that District Attorney Linda Stanley’s actions during the open case violated the CRPC.

IMO, I suspect the resident from Douglas County is a buddy of IE.

And it's also easy peasy to file a complaint.

Complaints/Discipline - Attorney Regulation Counsel

coloradosupremecourt.com

Again, it makes for good (political) headlines but I bet any response in favor of the DA will be buried on page ZZ! MOO

ETA: Oops, repost since I forgot to link OP's quoted link in my post.

Requests filed for investigation into 11th Judicial District Attorney’s Office

Two requests for investigations have been submitted to the Colorado Supreme Court’s Attorney Regulation Counsel, citing violations of Colorado Rules of Professional Conduct by the 11th Judici…

www.canoncitydailyrecord.com

 

[BeckyF]

<modsnip> Any judge in their right mind doesn't grant POA to a suspect in an open investigation for murder.

<modsnip>

Barry was not a suspect in a murder at the time he asked for POA. Fact.

 

[CGray123]

Not to mention it's a private citizen from Douglas County (Denver) filing the two requests for investigations (that were submitted to the Colorado Supreme Court’s Attorney Regulation Counsel, citing violations of Colorado Rules of Professional Conduct by the 11th Judicial District Attorney’s Office)!!

He (Tom Chelston) alleges that District Attorney Linda Stanley’s actions during the open case violated the CRPC.

IMO, I suspect the resident from Douglas County is a buddy of IE.

And it's also easy peasy to file a complaint.

Complaints/Discipline - Attorney Regulation Counsel

coloradosupremecourt.com

Again, it makes for good (political) headlines but I bet any response in favor of the DA will be buried on page ZZ! MOO

ETA: Oops, repost since I forgot to link OP's quoted link in my post.

Requests filed for investigation into 11th Judicial District Attorney’s Office

Two requests for investigations have been submitted to the Colorado Supreme Court’s Attorney Regulation Counsel, citing violations of Colorado Rules of Professional Conduct by the 11th Judici…

www.canoncitydailyrecord.com

<modsnip - personalizing>

"Two [compaints] were made by a sheriff in one of the counties she represents. Fremont County Sheriff Allen Cooper filed two formal complaints against the 11th Judicial District Attorney's office in the last year and a half alleging Stanley's prosecutors were lying in court about his deputies alleging that they were not sharing evidence with them."

Colorado Supreme Court Investigates Prosecutor

Fremont County has the largest population by far of the four 11th District Counties, and it was her largest source of support.

It's getting harder and harder for Stanley fans to defend her.

MOO.

 

[Momofthreeboys]

Barry was not a suspect in a murder at the time he asked for POA. Fact.

Correct and the sale contract occurred prior to her disappearance.

 

[Love Never Fails]

If LS is not going to bring solid charges against BM and get a clear conviction, I wish she would resign. I want to see this man charged and convicted. The evidence is there and the evidence is clear.

More time has been spent discussing Linda Stanley from the beginning than discussing BM. I hate seeing a murderer go free.

 

[Seattle1]

<modsnip: personalizing>

"Two [compaints] were made by a sheriff in one of the counties she represents. Fremont County Sheriff Allen Cooper filed two formal complaints against the 11th Judicial District Attorney's office in the last year and a half alleging Stanley's prosecutors were lying in court about his deputies alleging that they were not sharing evidence with them."

Colorado Supreme Court Investigates Prosecutor

Fremont County has the largest population by far of the four 11th District Counties, and it was her largest source of support.

It's getting harder and harder for Stanley fans to defend her.

MOO.

<modsnip>

To be clear, the linked MSM dated 3/14/23 opening paragraph cites two specific complaints by the Douglas County resident... The subject and emphasis of both the MSM and my post.

OP's reference to the Sheriff's complaint filed last year is buried at the bottom of the article. That boat was already here last year, old news.

<modsnip>

 

[Lyanna]

Judge prevented allegations of DV from being admitted.

Domestic violence group condemns judge in Morphew trial, calls recent decision ‘pretty disappointing’

FREMONT COUNTY, Colo. — An organization dedicated to helping victims of domestic abuse is questioning a judge’s decision to prevent evidence of allegations of domestic violence from being adm…

www.fox21news.com

An organization dedicated to helping victims of domestic abuse is questioning a judge’s decision to prevent evidence of allegations of domestic violence from being admitted in Barry Morphew’s murder trial.

jmo, but I'm happy this organisation is asking questions about this decision by the judge.
Suzanne's own words were ignored and disregarded when judge wouldn't allow this evidence.
It's no wonder why some people don't speak up when living with abuse, it reinforces the belief of "no one will believe me" when people in a position of trust can fail them in such a way. It's a terrible thing to do and a massive injustice to Suzanne and so many others in similar situations.

imo and ime

 

[Seattle1]

Colorado Supreme Court investigates prosecutor in Suzanne Morphew case

The district attorney who prosecuted the high-profile investigation into the disappearance and possible murder of Suzanne Morphew is being investigated herself

denvergazette.com

3/15/23

The district attorney who prosecuted the high-profile investigation into the disappearance and possible murder of Suzanne Morphew is being investigated herself. Linda Stanley, 11th Judicial District Attorney, has had at least two complaints leveled against her with the Colorado Supreme Court's Office of Regulation Counsel.

"The investigation into those complaints is still pending regarding Ms. Stanley," confirmed Jessica Yates, Attorney Regulation Counsel, to the Denver Gazette.

[..]

Chelston’s letter, which was obtained by the Canyon City Daily Record, states: “My concerns were further realized when DA Stanley failed to provide formal interviews with actual news organizations while holding online interviews about this murder case with amateur YouTube crime channels.”

Stanley appeared on the YouTube show "Profiling Evil" Aug. 30, 2021 to discuss the preliminary hearing which had just wound up in Chaffee County Court. The judge determined enough evidence exists to send the murder case against Mrs. Morphew's husband, Barry Morphew, to trial. Morphew was arrested May 5, 2021, almost a year to the date to when Suzanne Morphew went missing.

[..]

Two were made by a sheriff in one of the counties she represents. Fremont County Sheriff Allen Cooper filed two formal complaints against the 11th Judicial District Attorney's office in the last year and a half alleging Stanley's prosecutors were lying in court about his deputies alleging that they were not sharing evidence with them.

[..]

Stanley did not respond to a The Denver Gazette’s request for comment. She is up for reelection in 2024.



ETA: And the Profiling Evil appearance from Aug 2021 is yet another old argument parsed to death already. MOO

 

[GatorFL]

Colorado Supreme Court investigates prosecutor in Suzanne Morphew case

The district attorney who prosecuted the high-profile investigation into the disappearance and possible murder of Suzanne Morphew is being investigated herself

denvergazette.com

3/15/23

The district attorney who prosecuted the high-profile investigation into the disappearance and possible murder of Suzanne Morphew is being investigated herself. Linda Stanley, 11th Judicial District Attorney, has had at least two complaints leveled against her with the Colorado Supreme Court's Office of Regulation Counsel.

"The investigation into those complaints is still pending regarding Ms. Stanley," confirmed Jessica Yates, Attorney Regulation Counsel, to the Denver Gazette.

[..]

Chelston’s letter, which was obtained by the Canyon City Daily Record, states: “My concerns were further realized when DA Stanley failed to provide formal interviews with actual news organizations while holding online interviews about this murder case with amateur YouTube crime channels.”

Stanley appeared on the YouTube show "Profiling Evil" Aug. 30, 2021 to discuss the preliminary hearing which had just wound up in Chaffee County Court. The judge determined enough evidence exists to send the murder case against Mrs. Morphew's husband, Barry Morphew, to trial. Morphew was arrested May 5, 2021, almost a year to the date to when Suzanne Morphew went missing.

[..]

Two were made by a sheriff in one of the counties she represents. Fremont County Sheriff Allen Cooper filed two formal complaints against the 11th Judicial District Attorney's office in the last year and a half alleging Stanley's prosecutors were lying in court about his deputies alleging that they were not sharing evidence with them.

[..]

Stanley did not respond to a The Denver Gazette’s request for comment. She is up for reelection in 2024.



ETA: And the Profiling Evil appearance from Aug 2021 is yet another old argument parsed to death already. MOO

Fantastic news!

 

[Ontario Mom]

What a rotten mess all this is.
I still have hope Suzanne will be found and justice will be served.