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

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Thirty eight resignations. Including 2nd in command of a toxic DA Office. This is appalling news. Can the good citizens have a recall of a publicly elected official?


The citizens of Colorado are granted the authority to perform a recall election by Section 1 of Article 21 of the Colorado Constitution

After the petition has been deemed sufficient, the official against whom the recall was filed may resign within five days without having the recall election held against them. If the official does not resign, the recall election will go on as scheduled....
Laws governing recall in Colorado
 
Thirty eight resignations. Including 2nd in command of a toxic DA Office. This is appalling news. Can the good citizens have a recall of a publicly elected official?


The citizens of Colorado are granted the authority to perform a recall election by Section 1 of Article 21 of the Colorado Constitution

After the petition has been deemed sufficient, the official against whom the recall was filed may resign within five days without having the recall election held against them. If the official does not resign, the recall election will go on as scheduled....
Laws governing recall in Colorado
that dude knew that by walking out when he did and taking up a new position had to adversely affect the Morphew case.
He could have waited, seen his work through, he did not.
She trusted him, he let her down badly IMO.
She becomes the fall guy.
Case becomes destroyed.
I believe Linda Stanley to be honorable and i am not a Republican nor do I hold a political view on this.
Or believe all I read.
I hope she has conducted an internal investigation to examine the how and whys of this and I hope she gets another shot at a successful prosecution.

This is an appalling state of affairs but there were problems before she ever set foot in that job and in the interest of fairness I believe it is only right to point that out.

She didn't have much time, was probably advised that all was in order before proceeding or had word chief suspect was about to hightail it out of town while spending suzanne's money.. grrr
 
It's one view, but on the other hand they had 8 months after the prelim to get ready for trial, and it is not really clear why what you are saying would impact the discovery of the expert reports. It appears they had the reports but simply did not submit them in time.

If the experts had done the work why didn't they simply discover the material? One gets the feeling this was all sitting on someones desk.

Perhaps we are on the same page @mrjitty because we did not take the defense's allegations as the gospel truth (as Judge Lama did-- including his copy and paste direct from the defense motion), but also read the State's response to each of the alleged discovery violations used by Lama to impose sanctions that did not fit the offense (i.e., no State Statutes governing discovery violated).

IMO, I don't see this any different than jumping on the Headline News that DA Linda Stanley's law license was suspended for failing to complete her CLE, and continuing to chastise the deadbeat DA for days if not weeks-- probably unknowing her license had in-fact been reinstated in a matter of days after the headline but nobody reads what's buried on page ZZZ.

MOO
 
I'm not convinced sabotage is not a feature here.
That might be a plausible explanation if this was something that had only happened once, though even then, proper oversight and management should prevent it. But it keeps happening. Why wouldn't LS just fire the person sabotaging her cases? She has to know whose responsibility it was to handle discovery for each of these cases.

I think it's way, way more likely this is just a badly managed office and it's a systemic problem. Lack of resources could certainly be an issue, but, unlike a PD's office, a DA's office has a lot of control over the number of cases they file, so even that isn't much of an excuse.

The only other explanation I can think of is that they have an intentional strategy of trying to withhold required discovery as long as possible to hamstring the defense, and it has backfired on them a couple of times. But that seems less likely to me because it would be insanely stupid to withhold crucial reports after you were warned by the judge that you would not get another extension.
 
Perhaps we are on the same page @mrjitty because we did not take the defense's allegations as the gospel truth (as Judge Lama did-- including his copy and paste direct from the defense motion), but also read the State's response to each of the alleged discovery violations used by Lama to impose sanctions that did not fit the offense (i.e., no State Statutes governing discovery violated).

IMO, I don't see this any different than jumping on the Headline News that DA Linda Stanley's law license was suspended for failing to complete her CLE, and continuing to chastise the deadbeat DA for days if not weeks-- probably unknowing her license had in-fact been reinstated in a matter of days after the headline but nobody reads what's buried on page ZZZ.

MOO
Yep.
5 days.
Common occurrence.
But they chose to portray it in a different light.
Bullying?
 
That might be a plausible explanation if this was something that had only happened once, though even then, proper oversight and management should prevent it. But it keeps happening. Why wouldn't LS just fire the person sabotaging her cases? She has to know whose responsibility it was to handle discovery for each of these cases.

I think it's way, way more likely this is just a badly managed office and it's a systemic problem. Lack of resources could certainly be an issue, but, unlike a PD's office, a DA's office has a lot of control over the number of cases they file, so even that isn't much of an excuse.

I don't know about the public defenders but I do know that the 11th Judicial District includes the courts located not only in Fremont County where the DA's office is located in Canon City, but also includes Custer, County (Westcliffe), Chaffee, County (Salida), and Park, County (Fairplay). It's a map of small towns located in the mountains without reliable amenities that city dwellers take for granted.

And more recently, the 11th Judicial District DA's office had to contend with being served an eviction notice by the Chaffee County Board of County Commissioners (BoCC), a problem other DA's don't have to deal with! As if Stanley has the time to sue the County Attorney to do his job on behalf of the County Commissioners!

According to the County Attorney (Daniel Tom), the county needs the first-floor space currently occupied by the District Attorney’s office, to house county employees.

After LS replied to Tom to either read the statute (statutes say that there has to be office space provided) or proceed with eviction, a meeting was held on March 8, between the BoCC, county staff, and 11th Judicial DA Linda Stanley’s Office, including 25 attendees.

It managed to avoid a confrontation that might have ended in the DA’s office suing the county. At issue was not just the space, but how each entity viewed their role in the standoff; landlord, tenant, partner, collaborator — or adversary.

[..]

While Stanley agreed that the space “doesn’t have to be here in the building,” she added, “We don’t want to talk about anybody’s sex assault case in a Starbucks.”

Stanley said that her office needs to be near the courthouse. She reminded the BoCC that the DA has no office in the court building and there is only one jury room, making it a challenge to meet speedy trial deadlines. Not only does her staff regularly meet with victims, but they also need evidence storage, and often have large exhibits or video screens. “We need to be in a location where we can take those items over to the court,” said Stanley, adding “The buildings haven’t been added on to for quite some time.”

“It’s simply too expensive right now and we’re not going to do it,” said Commissioner P.T. Wood bluntly."

[..]

Stanley asked former Eagle County DA Mark Hurlbert (working with her office) to provide a perspective on moving of District Attorney offices.

“In Eagle and Summit counties we had to move,” said Hurlbert. “In Eagle, the sheriff moved into our space. In Summit it was the sheriff’s office, in Clear Creek we had a 100-year-old house. In Eagle, they built us a building next door. In Summit and Clear Creek, they bought a building across the street. In Summit they rented a building about a mile away and gave us a room in the courthouse.”

[..]

“You need to run your office and work with other entities to find space,” responded Wood. “You can’t just blow off this stuff and expect us to do your work.”

“I didn’t at all – he didn’t say that we would work together – he just said leave,” retorted Stanley.

[..]

In the end, Stanley agreed for one of her local staff to become the point person for her office and to provide the general parameters for space.

[..]

The county also softened its tone, with Felt commenting “We know about the situation at the courthouse. It’s reasonable that in future work on the courthouse, we create space there.”

Can't even imagine prosecuting BM in Salida without an office?

What a thankless job -- you couldn't compensate me enough! MOO

1678739742399.png


 
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Does the Morphew case have to be tried in the 11th District? I remember a discussion here after the case was dropped without prejudice that perhaps the trial could be moved to a federal venue? Sorry if my memory is wrong.

I'd like to see some advocacy for SM. I wonder what her family must think at this point & if they are interested in pushing for a trial to occur this year.

Are there any options other than waiting on Lindsey to refile?
 
Yep.
5 days.
Common occurrence.
But they chose to portray it in a different light.
Bullying?
Yep. Just like Chaffee County evicting her and thinking the County can just mail over a subsidy payment to apply towards wherever they might find space. I'm embarrassed for those good ole boys. :rolleyes:

Good on LS for having some very broad shoulders. MOO
 
Does the Morphew case have to be tried in the 11th District? I remember a discussion here after the case was dropped without prejudice that perhaps the trial could be moved to a federal venue? Sorry if my memory is wrong.

I'd like to see some advocacy for SM. I wonder what her family must think at this point & if they are interested in pushing for a trial to occur this year.

Are there any options other than waiting on Lindsey to refile?

SM was allegedly murdered in Chaffee County, which is part of the 11th Judicial District and the charges must be refiled in this district.

If the defense wants to change the venue, they can go through that process through the statutory motion process after the charges are filed.

I can't think of any reason why the US District Court would accept the case. Just the opposite, the case would be rejected for there is no standing here. JMO
 
Yep.
5 days.
Common occurrence.
But they chose to portray it in a different light.
Bullying?
My own personal opinion - there is a story out there in Salida that mirrors other towns throughout the US. Power struggle between factions. I would love an investigative journalist to go there and imbed themselves into the community and uncover the dynamics.
Someone who I don't recall said "There are secrets in the mountains" and I am a believer.
It felt to me like constant tension between players on the prosecutions side of the case and mudslinging. Started overtly IMO with Cahill and continued on with Cahill until I believe he shot himself in the hand off duty with his LE gun and got reassigned.
Ego's and different beliefs and seemingly no desire to be on the same team to fight crime and bring the bad guys/gals to justice.
The whole Cahill narrative that he said it was too early to bring the case to trial "the worst decision that could be made" - why are we even aware that is what Cahill thought? It was not his place to decide that. Why were all these people talking out of turn about things outside their department.
IMO, Certainly not to be helpful.
Were there those who did not want BM to get to trial ?
All that emphasis on the affair in the prelim - the proverbial Scarlet letter for Suzanne -and the affair partner had alibied out - seemed all made for the media. The defense easily put Suzanne on trial. Just too many things going awry from the jump - to me spells people working at cross purposes.
How do you manage that undercurrent if you are Linda in the DA's office, when you are new to the job and position - you have no idea who your loyal people are. You may not even realize there is an undercurrent initially - at face value I am sure everything seemed fine. Someone' just posted how it looks like Jeff Lindsay left without giving Linda a chance to resolve issues he had. If you are not told there are issues hard to resolve them. And you cannot just fire everybody.
I am still going mostly with inexperience vs incompetence. But acknowledge I have no real idea.
Maybe she will never learn.
I just have felt for a long while in this case that the behind the scenes shenanigans on Linda's watch, are ongoing and not about to stop.

But alas - all just my own speculation.

CBI agent in Barry Morphew murder case resigned amid internal affairs investigation

 
I don't know about the public defenders but I do know that the 11th Judicial District includes the courts located not only in Fremont County where the DA's office is located in Canon City, but also includes Custer, County (Westcliffe), Chaffee, County (Salida), and Park, County (Fairplay). It's a map of small towns located in the mountains without reliable amenities that city dwellers take for granted.

And more recently, the 11th Judicial District DA's office had to contend with being served an eviction notice by the Chaffee County Board of County Commissioners (BoCC), a problem other DA's don't have to deal with! As if Stanley has the time to sue the County Attorney to do his job on behalf of the County Commissioners!

According to the County Attorney (Daniel Tom), the county needs the first-floor space currently occupied by the District Attorney’s office, to house county employees.

After LS replied to Tom to either read the statute (statutes say that there has to be office space provided) or proceed with eviction, a meeting was held on March 8, between the BoCC, county staff, and 11th Judicial DA Linda Stanley’s Office, including 25 attendees.

It managed to avoid a confrontation that might have ended in the DA’s office suing the county. At issue was not just the space, but how each entity viewed their role in the standoff; landlord, tenant, partner, collaborator — or adversary.

[..]

While Stanley agreed that the space “doesn’t have to be here in the building,” she added, “We don’t want to talk about anybody’s sex assault case in a Starbucks.”

Stanley said that her office needs to be near the courthouse. She reminded the BoCC that the DA has no office in the court building and there is only one jury room, making it a challenge to meet speedy trial deadlines. Not only does her staff regularly meet with victims, but they also need evidence storage, and often have large exhibits or video screens. “We need to be in a location where we can take those items over to the court,” said Stanley, adding “The buildings haven’t been added on to for quite some time.”

“It’s simply too expensive right now and we’re not going to do it,” said Commissioner P.T. Wood bluntly."

[..]

Stanley asked former Eagle County DA Mark Hurlbert (working with her office) to provide a perspective on moving of District Attorney offices.

“In Eagle and Summit counties we had to move,” said Hurlbert. “In Eagle, the sheriff moved into our space. In Summit it was the sheriff’s office, in Clear Creek we had a 100-year-old house. In Eagle, they built us a building next door. In Summit and Clear Creek, they bought a building across the street. In Summit they rented a building about a mile away and gave us a room in the courthouse.”

[..]

“You need to run your office and work with other entities to find space,” responded Wood. “You can’t just blow off this stuff and expect us to do your work.”

“I didn’t at all – he didn’t say that we would work together – he just said leave,” retorted Stanley.

[..]

In the end, Stanley agreed for one of her local staff to become the point person for her office and to provide the general parameters for space.

[..]

The county also softened its tone, with Felt commenting “We know about the situation at the courthouse. It’s reasonable that in future work on the courthouse, we create space there.”

Can't even imagine prosecuting BM in Salida without an office?

What a thankless job -- you couldn't compensate me enough! MOO

View attachment 408902



She's a strong lady.
She will fight for Suzanne and she will fight hard.

I remember asking one of our members here to describe her court demeanor, she replied that LS is awesome or words to that effect and I was not surprised at all.

This case needs to go ahead.
 
My own personal opinion - there is a story out there in Salida that mirrors other towns throughout the US. Power struggle between factions. I would love an investigative journalist to go there and imbed themselves into the community and uncover the dynamics.
Someone who I don't recall said "There are secrets in the mountains" and I am a believer.
It felt to me like constant tension between players on the prosecutions side of the case and mudslinging. Started overtly IMO with Cahill and continued on with Cahill until I believe he shot himself in the hand off duty with his LE gun and got reassigned.
Ego's and different beliefs and seemingly no desire to be on the same team to fight crime and bring the bad guys/gals to justice.
The whole Cahill narrative that he said it was too early to bring the case to trial "the worst decision that could be made" - why are we even aware that is what Cahill thought? It was not his place to decide that. Why were all these people talking out of turn about things outside their department.
IMO, Certainly not to be helpful.
Were there those who did not want BM to get to trial ?
All that emphasis on the affair in the prelim - the proverbial Scarlet letter for Suzanne -and the affair partner had alibied out - seemed all made for the media. The defense easily put Suzanne on trial. Just too many things going awry from the jump - to me spells people working at cross purposes.
How do you manage that undercurrent if you are Linda in the DA's office, when you are new to the job and position - you have no idea who your loyal people are. You may not even realize there is an undercurrent initially - at face value I am sure everything seemed fine. Someone' just posted how it looks like Jeff Lindsay left without giving Linda a chance to resolve issues he had. If you are not told there are issues hard to resolve them. And you cannot just fire everybody.
I am still going mostly with inexperience vs incompetence. But acknowledge I have no real idea.
Maybe she will never learn.
I just have felt for a long while in this case that the behind the scenes shenanigans on Linda's watch, are ongoing and not about to stop.

But alas - all just my own speculation.

CBI agent in Barry Morphew murder case resigned amid internal affairs investigation

Exactly.
Cahill.

She's a strong woman.
They scare easily.

I agree with you that the mountains have secrets and that people who have not yet spoken may speak now if questioned in the right circumstances.
Somebody knows.
More.
 
Cahill

In the internal affairs document, Cahill stated "the arrest of the suspect now as the worst decision that could have been made." He went on to say "the arrest of the suspect in this investigation was premature" and called it "hasty."

Prosecutors say Cahill may have said those things because he was not present during the arrest.

"At no time did Mr. Cahill say that he did not think there was probable cause to arrest or that he thought the defendant was not guilty of murdering his wife," the prosecution states in the court filing.

Former Agent Joseph Cahill resigned on Dec. 8, 2021. It was two days before a report by CBI Internal Affairs was issued about an “accidental discharge” of his personal gun in his home while he was off duty. The letter (referenced as a “Brady letter,” named after a U.S. Supreme Court decision that requires officer credibility issues to be disclosed during the court process) was originally obtained by The Denver Post.

“Pursuant to our responsibilities under Brady v. Maryland, I am writing to inform you that there may be information contained in (a) Colorado Bureau of Investigation internal affairs report… that may impact the credibility of Joseph Cahill,” CBI Director John Camper wrote in the Dec. 17 letter to 11th Judicial District Attorney Linda Stanley, who is prosecuting the case against Morphew.

“Pursuant to our responsibilities under Brady v. Maryland, I am writing to inform you that there may be information contained in (a) Colorado Bureau of Investigation internal affairs report… that may impact the credibility of Joseph Cahill,” CBI Director John Camper wrote in the Dec. 17 letter to 11th Judicial District Attorney Linda Stanley, who is prosecuting the case against Morphew.

On Jan. 5, 2022, the case was reassigned to District Judge Ramsey Lama. Yesterday Lama ordered the prosecution to provide electronic communications (emails related to discovery) be handed over to Morphew’s defense team no later than Jan. 31.




A Dec. 17 Brady letter written by CBI Director John Camper addressed to 11th Judicial District Attorney Linda Stanley explained the Cahill incident, which involved "the accidental discharge of former Agent Cahill’s personal weapon while at home in an off-duty capacity, ... unrelated to any criminal cases to which he was assigned."

A Brady letter is a document that questions an officer’s credibility, should the person be called to testify at trial, explained Jeff Roberts, executive director of the Colorado Freedom of Information Coalition.

“There is data called a 'Brady list' that DAs and law enforcement agencies compile on officers who are deemed untrustworthy for one reason or another. These are issues that could affect their credibility in cour
 

.
Perhaps we are on the same page @mrjitty because we did not take the defense's allegations as the gospel truth (as Judge Lama did-- including his copy and paste direct from the defense motion), but also read the State's response to each of the alleged discovery violations used by Lama to impose sanctions that did not fit the offense (i.e., no State Statutes governing discovery violated).

IMO, I don't see this any different than jumping on the Headline News that DA Linda Stanley's law license was suspended for failing to complete her CLE, and continuing to chastise the deadbeat DA for days if not weeks-- probably unknowing her license had in-fact been reinstated in a matter of days after the headline but nobody reads what's buried on page ZZZ.

MOO

What I can’t reconcile is that all the expert reports would not be finished mere days before the trial when much of the work had been done 8 months previously?

I could understand if one expert ran into time trouble. I’ve seen that on another case and the judge was very lenient.

This seems more like an administrative issue. They simply didn’t disclose them either as a strategy or because they didn’t get round to it.

The judge certainly didn’t say anything about the reports not being finished. Nor did he say the violations were a nefarious strategy.

My reading was simply a bureaucratic failure.
 
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Does the Morphew case have to be tried in the 11th District? I remember a discussion here after the case was dropped without prejudice that perhaps the trial could be moved to a federal venue? Sorry if my memory is wrong.

I'd like to see some advocacy for SM. I wonder what her family must think at this point & if they are interested in pushing for a trial to occur this year.

Are there any options other than waiting on Lindsey to refile?
It would be rare for feds to get involved in a state case…and especially a local state case in my opinion. None of the situation fits the instances when a murder might be tried as a federal crime.
 
Right

It was 14 experts excluded

I struggle with the idea all of them didn’t have their stuff ready.

Maybe the DA simply believed they could rely on the 35 day rule?
 
.


What I can’t reconcile is that all the expert reports would not be finished mere days before the trial when much of the work had been done 8 months previously?

I could understand if one expert ran into time trouble. I’ve seen that on another case and the judge was very lenient.

This seems more like an administrative issue. They simply didn’t disclose them either as a strategy or because they didn’t get round to it.

The judge certainly didn’t say anything about the reports not being finished. Nor did he say the violations were a nefarious strategy.

My reading was simply a bureaucratic failure.


IMO, this was an argument Iris was very good at. The defense had the potential witness list prior to the preliminary hearing in Aug & Sept 2021 and even then Iris wanted the court to order the prosecutor to tailor the list to her liking. ( Obviously, Murphy wasn't having it).

Not one potential expert was unknown to the defense since the prelim and this was no trial by ambush.

Don't have time to track my notes but it was not at all as the defense portrayed and Lama accepted. JMO
 
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