Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #82

Discussion in 'Currently Awaiting Trial' started by Mysti88c, May 12, 2020.

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  1. Cindizzi

    Cindizzi Well-Known Member

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    https://www.thedenverchannel.com/ne...-judge-rules-barry-morphew-will-head-to-trial


    CHAFFEE COUNTY, Colo. — Enough evidence was presented in Barry Morphew's preliminary hearings for the murder case to go to trial, a judge ruled Friday afternoon.

    Around 3 p.m., Chaffee County Judge Patrick Murphy ruled that he found probable cause for the charges of murder and tampering with a body. He said he can do this even if the body of Suzanne Morphew — Barry Morphew's wife, whom he is accused of killing — has not been found.

    "This is not a trial," Murphy said. "It does not serve as a mini trial. Only to see if there is probable cause that there was a murder and that the defendant might have caused that. We have to entertain a reasonable belief that the defendant may have caused this. The court must draw all reasonable inferences in favor of the people. Evidence to support a conviction is not necessary at this stage."

    The judge also set a cash-only bond for $500,000. In addition, he said the arrest affidavit will be released by noon Monday. He said he expects the trial to last at least four weeks in May 2022.
     


  2. kittythehare

    kittythehare Well-Known Member

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    And would they like jam with that?
     
  3. nyvictoria

    nyvictoria Well-Known Member

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    Now that Barry has been allowed to bail out, he and his attorneys won’t care how long this takes to go to trial. I predict lots of stalling and jury pool tainting. So happy the AA is being release without the defense suggested redactions.
     
  4. IceIce9

    IceIce9 Well-Known Member

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    Sadly, true justice is a rare thing in this world. Sometimes I just want to bury my head in the sand and not watch, listen to or read any news at all.
     
  5. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    the motion may go up on the cases of interest site soon, so we can get a better idea then.
     
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  6. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    We will have to agree to disagree on this one. She does not have the experience to get a guilty verdict.
     
  7. kittythehare

    kittythehare Well-Known Member

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  8. kittythehare

    kittythehare Well-Known Member

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    Getting any verdict at all is only about how well ne can read a room at the end of the day.
    I reckon she can read a room blindfolded.
    probably better than her adversaries too, she knows the street.
     
  9. fcavanaugh

    fcavanaugh Well-Known Member

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    Phew, what a whirlwind of a day!

    Glad BM will be going to trial.

    Sad and disappointed BM was granted bond, $500k? The amount of Suzanne’s inheritance, really?!?! :mad: IMO, he will post the $500k cash bond easily on Monday. But at least there is some sense of satisfaction knowing the restrictions set upon him while he’s out on bond, surrender passport, wear ankle monitor and tracked everywhere he goes, no access to weapons, which hopefully means no hunting, etc etc.

    Glad we will finally get to see the AA.

    Hoping and Praying for a miracle that Suzanne’s remains are found before May, 2022 when BMonster’s trial is set to begin, to help bolster the state’s case.

    Now I’m gonna go pour myself a (much needed) glass of wine and go back and read all the posts I missed while gathering my emotions and absorbing the Judge’s ruling.


    All of the above IMHOO

    #FindSuzanne
    #BringSuzanneHome
    #JusticeForSuzanne
     
    Last edited: Sep 17, 2021
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  10. nyvictoria

    nyvictoria Well-Known Member

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  11. marylamby

    marylamby On Time Out

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  12. Ssschu

    Ssschu Well-Known Member

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    YES, YES AND YES!!! Justice for Suzanne should not be left up to Linda and her crew. They didn't even refute the partial DNA match in her car today which (according to the judge) played a big part in BM getting bail. They could have easily shown a partial DNA match in her car means nothing.
     
  13. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    The prosecution worked hard to get BM charged and now bring him to trial. BM is prevented from leaving Chaffee County. This is a no body case with no cause of death determined. I'm happy with the state taking the arrest action when they did to stop BM from leaving the area -- and maybe the country.

    Also, BM should have no complaints about his defense team. They achieved what they set out to do the first day they entered court: get BM released on bail.

    Setting reasonable bail for BM (bound over on 1s-degree murder in Colorado) just became one more historical event for team E & N, and the state record books. It's very rare for a defendant charged with 1st-degree murder to receive bail. In other words, it's not typical for the state to fail to meet the standard for PEPG for a capital case.

    Article II, § 19 of the Colorado Constitution allows a judge to refuse bail in capital cases (1st-degree murder) “when the proof is evident or the presumption great.”

    Capital cases are those cases that are punishable by execution but Colorado abolishing the death penalty has no effect on this law. [First-degree murder is a capital offense, even in a case where the death penalty is not at issue. See Tribe v. Dist. Court, 197 Colo. 433, 434–35, 593 P.2d 1369, 1370–71 (1979)]..

    “The proof is evident and the presumption great” refers to those cases in which the evidence against the defendant is very strong and the judge believes that the likelihood of conviction is very high. The “proof evident/presumption great” standard requires something more than probable cause but less evidence than is required for conviction.

    https://www.criminal-lawyer-colorado.com/overview-of-colorado-criminal-law.html#:~:text=The “proof evident/presumption great,defendant the right to bail
     
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  14. Megnut

    Megnut Well-Known Member

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    I thought the DEFENSE filed motions this morning. I think they're the ones arguing about discovery issues.... I wonder if their publicity objection regards the DA's recent interview on PE.

    But mostly I wonder how a man presumed to have hunted, then murdered his wife gets to walk among us until trial. Lying, cheating, gaslighting, making his own rules...

    With the threat of a mere misdemeanor over his tips-soon-to-be-frosted head?

    The world seems less safe, and women less protected.

    Barry will have more freedom than he afforded his wife.

    This photo takes on new meaning to me. She just wanted out.

    JMO

    https://www.thedenverchannel.com/ne...-judge-rules-barry-morphew-will-head-to-trial
     

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  15. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    BM is already under a protection order the governs his relationship with his daughters and how he's to treat them. The order was filed without the request of the daughters.
     
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  16. AnnaGrace

    AnnaGrace Well-Known Member

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    Thanks to all for the tweets and posts and thank you @NoSI for being there for Suzanne and for all you've done. I'm happy Barry will go to trial for 1st degree, but not happy at all about the bond. We do have the AA to look forward to next week. Justice for Suzanne!
     
  17. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    https://www.thedenverchannel.com/ne...-judge-rules-barry-morphew-will-head-to-trial

    Sept 17, 2021

    [..]

    "This is not a trial," Murphy said. "It does not serve as a mini trial. Only to see if there is probable cause that there was a murder and that the defendant might have caused that. We have to entertain a reasonable belief that the defendant may have caused this. The court must draw all reasonable inferences in favor of the people. Evidence to support a conviction is not necessary at this stage."

    The judge also set a cash-only bond for $500,000. In addition, he said the arrest affidavit will be released by noon Monday. He said he expects the trial to last at least four weeks in May 2022. Morphew entered a plea of not guilty and also waived his right to a speedy trial.

    Much of the beginning of the hearing Friday recalled various aspects of the case that were discussed in the preliminary hearings.

    District attorneys argued that there was sufficient evidence in the case and that bond should be denied based on standard of proof.

    [..]

    After both sides wrapped up, Judge Murphy reviewed some facts from the case, and said, regarding Barry Morphew, there was "evidence of untruthfulness."

    After ruling that the case would go on to trial, Judge Murphy said the trial will come to one of three conclusions: Barry Morphew murdered his wife, somebody else murdered her, or she left.

    The prosecution asked for a $10 million bond. In response, the defense asked for "an amount that is reasonable" — a $50,000 cash bond.

    Judge Murphy said $10 million was too high and $50,000 was too low. He set the bond for $500,000, cash only. Bond cannot be posted until noon on Monday, he said.
     
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  18. marylamby

    marylamby On Time Out

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    I know, that drove me crazy. Not only should've the Prosecution chirped up but the JUDGE should've done his homework.
     
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  19. justtrish

    justtrish Well-Known Member

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    Maybe this bond thing could really help the prosecution in the long run? I don't see him keeping himself quiet or acting normal. Something will happen I just feel it. And if he's restricted to Chaffee county?
     
  20. marylamby

    marylamby On Time Out

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    Yeah but who's going to rat on him? We know how he likes to obey the rules.
     
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