Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

[Nikynoo]

IMO the case was pretty much finished when the judge stated in open court that he had never seen an AA as lengthy as Barry’s. i got the distinct impression he wasn’t feeling the vibe of let’s go to trial. When the state missed their deadline, he was ready to dismiss.

Was it not different judges involved though?

 

[Boxer]

Prosecution was unprepared and disorganized.

 

[Love Never Fails]

Was it not different judges involved though?

Two different judges. Op is referring to the first judge.

 

[Love Never Fails]

Prosecution was unprepared and disorganized.

We could say as well that judge was siding with defense entire time. And ready to jump on anything DA did wrong. What a mess. A murderer benefited from mistakes of judge and DA but in my eyes, judge gutted DA’s case and was wrong to do so.

 

[MountainDad]

Retired Judges Must Choose Between Public, Private Jobs

Chief justice draws hard line between courts and high-paying work on civil disputes.

www.latimes.com

IMO A judge retiring and entering private practice creates ethical concerns about profits over justice. Not to mention receiving a pension from the State or Feds while privately practicing law. Imo it should not be allowed.

 

[sripey]

We could say as well that judge was siding with defense entire time. And ready to jump on anything DA did wrong. What a mess. A murderer benefited from mistakes of judge and DA but in my eyes, judge gutted DA’s case and was wrong to do so.

I agree that the judge's penalties towards the prosecution for missed deadlines was overly harsh, however the fault lies squarely with the DA. A continual inability to meet deadlines in such a consequential case belies a DA who, for whatever reason, is unable to orchestrate the complex strings of a sophisticated prosecution. Revelations of past and current professional missteps, separate from Suzanne's case, are equally troubling.

We all, or at least most of us, know exactly what happened to Suzanne and we know who did it. The evidence is abundant and persuasive. Suzanne deserves a competent and dedicated legal advocate who will bring her justice. Unfortunately, I have lost faith that Stanley is up to the task.

 

[Boxer]

We could say as well that judge was siding with defense entire time. And ready to jump on anything DA did wrong. What a mess. A murderer benefited from mistakes of judge and DA but in my eyes, judge gutted DA’s case and was wrong to do so.tMOO Even The first outing in court was a disaster.

Defense have known tactics.
1. Somebody else did it.
and in a no body case, no one did it, there is no crime.
2. I did it but there is a reason: self defense, provoked to rage, impaired
3. Mental illness made me do it.

MOO oing to court and letting defense use up an extra 40 minutes spinning scenarios a defense predictably needs to spin to set the stage for the reasonable doubt that someone else did it or that the person ran away was an immediate a problem of prosecution competence.

This is not hindsight, at the time I was hoping that it the lack of understanding that in court you persuade judges and juries to interpret facts to accept the prosecutions theory, and in a no body case that is going to be even more crucial, was a glitch not an actual professional problem, but it was a problem and continued to be a problem.
Possibly the judges can be faulted as well but that does not mean the case was well presented.

 

[nyvictoria]

We could say as well that judge was siding with defense entire time. And ready to jump on anything DA did wrong. What a mess. A murderer benefited from mistakes of judge and DA but in my eyes, judge gutted DA’s case and was wrong to do so.

I completely agree. The State could have been a better organized and did miss a deadline but barring the experts from testifying was ridiculous. The judge knew that would kill the entire case. If he did that to the defense, all hell would have broken loose.

 

[Love Never Fails]

I completely agree. The State could have been a better organized and did miss a deadline but barring the experts from testifying was ridiculous. The judge knew that would kill the entire case. If he did that to the defense, all hell would have broken loose.

Of course. That’s why I brought up the issue. He killed the trial every bit as much as LS. Even more so. Regardless of her incompetence, he took away her witnesses. Maybe on the second go round, they will be allowed to testify.

 

[Love Never Fails]

Defense have known tactics.
1. Somebody else did it.
and in a no body case, no one did it, there is no crime.
2. I did it but there is a reason: self defense, provoked to rage, impaired
3. Mental illness made me do it.

MOO oing to court and letting defense use up an extra 40 minutes spinning scenarios a defense predictably needs to spin to set the stage for the reasonable doubt that someone else did it or that the person ran away was an immediate a problem of prosecution competence.

This is not hindsight, at the time I was hoping that it the lack of understanding that in court you persuade judges and juries to interpret facts to accept the prosecutions theory, and in a no body case that is going to be even more crucial, was a glitch not an actual professional problem, but it was a problem and continued to be a problem.
Possibly the judges can be faulted as well but that does not mean the case was well presented.

Maybe a lot was learned since the case was dismissed with prejudice. I knew going in he had a great defense team. That doesn’t mean I respect them. I thought LS seemed competent. I believe if the witnesses had been allowed to testify it would all be over and he would be in prison. However, Cahill was a problem and that did not have a good look for everyone involved.

IMO, the evidence was and still is overwhelming and investigators did a great job, especially Al Grusing.

We just have to wait for a prosecutor to step up and a judge who can tell the defense to sit down.

 

[Momofthreeboys]

Maybe a lot was learned since the case was dismissed with prejudice. I knew going in he had a great defense team. That doesn’t mean I respect them. I thought LS seemed competent. I believe if the witnesses had been allowed to testify it would all be over and he would be in prison. However, Cahill was a problem and that did not have a good look for everyone involved.

IMO, the evidence was and still is overwhelming and investigators did a great job, especially Al Grusing.

We just have to wait for a prosecutor to step up and a judge who can tell the defense to sit down.

Ha ha considering the tip goes to prosecution at the preliminary and tip goes to defense at trial that would make a fun appeal for an appeals lawyer if judge quashed the defense.

 

[jakat]

Good evening, Megnut,
and all us figurative ships at sea.

Yes. Yes. Megnut, Thank you!

That's why [excuse me], way, way back, I was pushing for some stimuli [read: $ $ $] to fill our ranks from the general populace in a hunt for the vulgar stone!!

• Did we not hear that diamonds of this size - upwards of 4-5 kts IIRC - had lasered ID nos. etched on them;
• Insurers (Indiana office contract most likely, but LE/DA/FBI/CBI can have copies on their desks in mere hours!) can/ would be a quick and likely fruitful check.
• Barry would have made sure from the get-go that he'd be reimbursed for the full amount - afterall "Diamonds are Forever" - Aside: This dovetails with numerous sleuther's opinions that Barry had "long range" plans in re. his future with Suzanne and her "wealth"... he's so damn smart, is he not ?
• did we not know of - or have a short list of - the local jeweler(s) that would have set this diamond ?
• Because, no matter where/however the heck BM came by/to buy it, he would have sought to set it locally in order to secure bragging rights in his and Suzanne's communities? FOR SURE! This would be so Barry!​
• Then, this Must: Advertise a detailed description [photo?] of this big stone, together with...
• ... It's provenance!! ... Up to and including BigBar himself! - can you imagine his reading about himself, and subsequently his "missing" wife in the chain of ownership of this fatal (for him!) stone ?!? Too rich... -
• This must appear repeatedly in papers of general circulation -
• With duplication(s) in the Legal Notices Sections in every case;
• Now, this Most Important Must as well. Make this $ $ $, supra., very substantial , ..."allowing for multiple partial payouts in the circumstances, and to award such for leads resulting in the successful tracing of the stone.", Aside: And we all know how much honor there is among thieves...maybe one such scoflaw is "holding" it for the big guy. uh-oh...better keep a sharp eye out. That stone's got LWOP lasered on it...​
• With these - and I've more to come, but Up Spirits was piped an hour ago and I doubt if my thirsty messmates wil have set more than a dram aside - Nonetheless, "Cheers!"

If the stone is real and if her weddings got in the river, I hope they traveled to Antartica and are lodged under the ice forever. Nobody will get them.

JMO

 

[jakat]

The manufactured diamonds are drop dead gorgeous and sparklier in my opinion than mined diamonds. The cost is significantly less. You can get a ring with Suzanne’s stone size for a few thousand dollars. That is still an expensive ring but not close to a mined stone that size. I personally think the ring is where Suzanne is. As brilliant as it appears in photos I would bet it is a manufactured diamond. It may have replaced a first engagement ring from their youth or was a separate gift sometime in their marriage.

Very well could be. Only he knows for sure. It could very well be with Suzanne whever she might be. Let's hope they find her.

 

[Love Never Fails]

Ha ha considering the tip goes to prosecution at the preliminary and tip goes to defense at trial that would make a fun appeal for an appeals lawyer if judge quashed the defense.

Yes but this case has had surprises from the beginning. I don’t think any appeals will help Barry once he is convicted. It would just be a sideshow. Too much evidence and we all KNOW he is guilty.

 

[justtrish]

Maybe a lot was learned since the case was dismissed with prejudice. I knew going in he had a great defense team. That doesn’t mean I respect them. I thought LS seemed competent. I believe if the witnesses had been allowed to testify it would all be over and he would be in prison. However, Cahill was a problem and that did not have a good look for everyone involved.

IMO, the evidence was and still is overwhelming and investigators did a great job, especially Al Grusing.

We just have to wait for a prosecutor to step up and a judge who can tell the defense to sit down.

I hope a lot has been learned since then. I agree the investigators were good. No body cases are always iffy and without blood or some other type of exact evidence, it's even harder. If there was enough blood found somewhere to show she couldn't have survived, then no body would be needed for absolute proof. We have a case where something happened not in the house and without knowing where that somewhere is and what happened, it's difficult to say. We do know Barry did a lot of things during that time that doesn't add up and his lies don't help at all, but what did help was his expensive defense team that created a lot of confusion. They didn't show he didn't do this and never once had an explanation for any of the lies he told. I know they don't have to, but those questions are still there and it all still points to Barry and only Barry.

 

[GatorFL]

Of course. That’s why I brought up the issue. He killed the trial every bit as much as LS. Even more so. Regardless of her incompetence, he took away her witnesses. Maybe on the second go round, they will be allowed to testify.

LOL. So a judge should not be the arbiter of the rules in a murder case? Cmon. Think about what you're saying. There are rules for a reason and when one side or the other does not comply with them, there should be sanctions.

This was not a one time thing, this was a continual issue with LS and her team. She could have filed a motion to dismiss without prejudice before missing deadlines became continual. She didn't. She missed several deadlines and as a result the judge was forced into a harsh decision.

IANAL but IIRC I read here there is an argument to make that the sanctions could carry over to a future charging. I believe that is why recovering Suzanne's remains is critical to any future charges. I think even if there is a hearing to reverse the sanctions the defense would have a fair argument to have them carry over to any future charges. I would actually like some experts to weigh in on this aspect of this case.

 

[Love Never Fails]

LOL. So a judge should not be the arbiter of the rules in a murder case? Cmon. Think about what you're saying. There are rules for a reason and when one side or the other does not comply with them, there should be sanctions.

This was not a one time thing, this was a continual issue with LS and her team. She could have filed a motion to dismiss without prejudice before missing deadlines became continual. She didn't. She missed several deadlines and as a result the judge was forced into a harsh decision.

IANAL but IIRC I read here there is an argument to make that the sanctions could carry over to a future charging. I believe that is why recovering Suzanne's remains is critical to any future charges. I think even if there is a hearing to reverse the sanctions the defense would have a fair argument to have them carry over to any future charges. I would actually like some experts to weigh in on this aspect of this case.

I am not arguing with what you are saying. But how many cases in this country have the DA or defense not meeting deadlines? And how many get by with it, repeatedly? Enough to make ones head swim.

I question the judge’s decision to strip the DA of the expert witnesses as a sanction against her, knowing BM to be a murderer. I am guessing both judges will agree they believe him to be guilty. They are siding with the defense in saying “Prove it”. Then Judge L said the witnesses could not testify, and therefore the DA had no chance to prove it.

To me, that stinks more than what the defense came up with and more than how many times the DA messed up. Just my opinion. And I wont change my mid.

 

[Love Never Fails]

I hope a lot has been learned since then. I agree the investigators were good. No body cases are always iffy and without blood or some other type of exact evidence, it's even harder. If there was enough blood found somewhere to show she couldn't have survived, then no body would be needed for absolute proof. We have a case where something happened not in the house and without knowing where that somewhere is and what happened, it's difficult to say. We do know Barry did a lot of things during that time that doesn't add up and his lies don't help at all, but what did help was his expensive defense team that created a lot of confusion. They didn't show he didn't do this and never once had an explanation for any of the lies he told. I know they don't have to, but those questions are still there and it all still points to Barry and only Barry.

Thanks. And I hope a future jury gets to hear the expert witnesses. Otherwise a murderer, abuser and narcissistic monster walks the streets free. That Is the travesty here.

 

[acutename]

Does anyone besides me wonder how an Indiana company that services “Indiana, Illinois, Ohio, Michigan, and Kentucky”, according to their website, got a contract for a job in Colorado? And, I see that their Sales VP (whom I know) lives down the road about a mile from me. Also, a quick correction - it’s EA Outdoor Services.

yeah, I wonder. Their website also says: "We know Indiana weather and soil." Sounds like a really local and occasionally regional company- not a national one. I keep thinking of Jennifer Dulos and Fotis- another body not found. Ladies, look over your shoulders if your male companion is getting testy and he has unrestricted access to heavy equipment, IMO.

 

[girlhasnoname]

I am still here patiently checking in to see news of Suzanne's remains being located or something else that would move the DA to recharge BM.

It is coming.

MOO