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

[CGray123]

I think the basis for Judge Murphy recusing himself from the case was weak and did not justify his recusal. He was a personal friend of an attorney representing SD in a case against her. Well, what judge isn't familiar and even friendly with other attorneys in these small towns? In the recent Murdaugh double-homicide case, it seems like all the attorneys and judges regularly interact together, socially as well as in the courtroom.

Refresher: SD was Barry Morphew's girlfriend (supposedly beginning sometime after Morphew's wife disappeared). BM was restricted from visiting the property of his former home, from which his wife disappeared. SD trespassed onto that property to retrieve a package intended for BM that was delivered to that addresss rather than his own. At the request of the current owner of the property, SD was charged for that trespass. At a prior time, SD had visited the site of an apartment or condo complex where she formerly lived. A witness against Morphew in the case involving his wife's murder currently lived at that property and believed SD's visits there were intended to intimidate that witness so that she would not serve as a witness against BM. That witness attempted, but failed, to gain a restraining order against SD.

So, WHAT exactly was the conflict for Murphy? Does no one who has ever appeared before him to plea or be tried for a crime ever appear as a witness in another case being heard by Murphy? I find that unlikely in such a sparsely populated area.

I think the details and the law are very important if we are to understand Judge M's decision to recuse. It's still online if anyone cares to read it, and it consists of five pages.

SD's role as a listed witness in BM's trial is a key fact. It's not that she had her own case and appeared before M, represented by his friend.

I think before we judge the judge, we owe him at least a minute to understand his reasoning.

Order re: Defense Motion to Disqualify Judge Murphy (D-55)

 

[Momofthreeboys]

I think the basis for Judge Murphy recusing himself from the case was weak and did not justify his recusal. He was a personal friend of an attorney representing SD in a case against her. Well, what judge isn't familiar and even friendly with other attorneys in these small towns? In the recent Murdaugh double-homicide case, it seems like all the attorneys and judges regularly interact together, socially as well as in the courtroom.

Refresher: SD was Barry Morphew's girlfriend (supposedly beginning sometime after Morphew's wife disappeared). BM was restricted from visiting the property of his former home, from which his wife disappeared. SD trespassed onto that property to retrieve a package intended for BM that was delivered to that addresss rather than his own. At the request of the current owner of the property, SD was charged for that trespass. At a prior time, SD had visited the site of an apartment or condo complex where she formerly lived. A witness against Morphew in the case involving his wife's murder currently lived at that property and believed SD's visits there were intended to intimidate that witness so that she would not serve as a witness against BM. That witness attempted, but failed, to gain a restraining order against SD.

So, WHAT exactly was the conflict for Murphy? Does no one who has ever appeared before him to plea or be tried for a crime ever appear as a witness in another case being heard by Murphy? I find that unlikely in such a sparsely populated area.

He did not want to create a potential appeal situation for the defense would be my first guess. IE had an appeals attorney pretty much in court with her every appearance. She is the type of lawyer that probably has an A, B and a C plan for her clients and leaves no stone unturned so to speak. Murphy did what he felt was best in the circumstances. He asked the prosecution if they would remove SD from the witness list and they said no. He can recuse himself...he doesn't need "permission" and he had a legitimate argument to do so. I was sorry to see him go. I thought he was a very good judge. I think people are just looking for reasons for the failure but honestly in my opinion it was a weaker case with an even weaker prosecution from the get go.

 

[Seattle1]

I think the basis for Judge Murphy recusing himself from the case was weak and did not justify his recusal. He was a personal friend of an attorney representing SD in a case against her. Well, what judge isn't familiar and even friendly with other attorneys in these small towns? In the recent Murdaugh double-homicide case, it seems like all the attorneys and judges regularly interact together, socially as well as in the courtroom.

Refresher: SD was Barry Morphew's girlfriend (supposedly beginning sometime after Morphew's wife disappeared). BM was restricted from visiting the property of his former home, from which his wife disappeared. SD trespassed onto that property to retrieve a package intended for BM that was delivered to that addresss rather than his own. At the request of the current owner of the property, SD was charged for that trespass. At a prior time, SD had visited the site of an apartment or condo complex where she formerly lived. A witness against Morphew in the case involving his wife's murder currently lived at that property and believed SD's visits there were intended to intimidate that witness so that she would not serve as a witness against BM. That witness attempted, but failed, to gain a restraining order against SD.

So, WHAT exactly was the conflict for Murphy? Does no one who has ever appeared before him to plea or be tried for a crime ever appear as a witness in another case being heard by Murphy? I find that unlikely in such a sparsely populated area.

^^bbm

The disqualification of a Judge from a particular case is governed by both rule, statute, and Judicial Canon. [C.R.S. 16-6-201].

Accordingly, on Oct 13, 2021, Judge Murphy self-disqualified himself from hearing the case of The People of Colorado v SD (i.e., Murphy's close association w/partner & family of the firm representing the defendant).

Judge Murphy did not think to disqualify himself from BM's case anytime between Oct 13 and December 13, 2021.

However, on Dec 13, 2021, the defense filed an 11-page motion citing why Judge Murphy should be disqualified from their case.

MOTION FOR DISQUALIFICATION OF JUDGE MURPHY [D - 55].

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21CR78%20Motion%20to%20Disqulaify.pdf

On Dec 30, 2021, the Court granted the defense motion to disqualify Judge Murphy from BM's case.

ORDER RE: DEFENSE MOTION FOR DISQUALIFICATION OF JUDGE MURPHY [D - 55].

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/4855_001.pdf

Per IE, Colorado law and Supreme Court Rules dictate that Murphy's Court had no discretion to deny the defense's motion, and it was not a debatable motion.

IMO, IE was not getting her way with Judge Murphy. And while I never saw SD being called to testify in this case, IE did what she does best: twisted the facts to benefit her situation and pushed Judge Murphy out. And in "appearance of fairness," Murphy signed the Order. MOO

ETA: One should question how SD (who told the court she could not afford a lawyer in the harassment matter she was named), came to hire a Denver Law Firm that coincidentally had a connection with Judge Murphy in Chaffee County.

 

[Megnut]

There are people still looking for her, but very intermittently.

It's so sad. That little memorial near where the bike was found is apparently the only attempt made to remember her, beyond the signs up in Salida (I wonder if they are still there).

I can't get on the "BM put a concrete cap on a well" theory for a lot of reasons, but the first is that I do not think it was ever established whether he had a hunting e-bike or ATV. Suzanne's stepbrother (I think it was) mentions that he did have ATV's at one point, but I don't think we heard any more about it. The Bobcat didn't go on any major trips (supposedly). But really, that Bobcat would have left visible tracks right up to said mine. This same stepbrother says that Barry could walk miles with a deer on his shoulders (I'm sure it had to be a smallish deer - but we're talking at least 100 pounds; not

And the new concrete would be visible by drone (and many people have used drones in the area of the mine shafts).

If he used a mine shaft, he ought to have used a deep, straight one - very hard to send cameras down every single shaft (well, not technically hard, just expensive). The extensive search of the surrounding wilderness didn't start right away - Barry knew those mountains fairly well. He had a lot of options, actually. Since I believe Suzanne was still alive when he took her away from the house, dogs found very little to work with.

BM is one of the worst American villains of modern times. And he has supporters, IMO. Many of them, in Salida and elsewhere. Suzanne never had a chance. What a mask he wore.

IMO.

This got me thinking....

Admittedly I'm fuzzy on the details but...

Is there any chance Barry swapped out, not SIM cards, but BOBCATS? Could he have traded Bobcats with the guy he called (and IMO ascertained he wasn't in town)?

I was thinking about ATVs. Surely he had one as well as his neighbor. Betting that neighbor might've had a work truck on site, even if they (the homeowners) weren't.

Trailers don't have GPS tracking.

Cameras in Salida, cameras up at Monarch.

Barry untrailered his trailer.... backed up 95 feet or something.

Could he have hitched his wagon (with his Bobcat without SIM, with a borrowed SIM, or a borrowed Bobcat) and driven anywhere between Salida and Monarch? Just a guy and his Bobcat, up to no good, in the middle of the night? Roads would have been DEAD at that hour....

IMO Barry DID NOT turn left to dispose of her helmet (if anything that was his last hurrah as he headed out of town) and he DID NOT then proceed all the way to turn-around point. No way, no how. I think he had to check on something and it was worth racking up 12 miles (he likely figured no one would notice, everything else so carefully orchestrated with airplane mode magic).

I wonder if anyone ever checked deliveries at the neighbors' house. Out of town. Great place to deliver quicklime...

He was gone for about four hours. Long on travel, short on work? Short on travel, long on work? Split the difference and some of both?

What's the diameter of an auger?

Wish we could all disperse in Maysville and search until we can bring her home.

Who would've dreamed that the secret the mountains hold would be Suzanne?

JMO

 

[CGray123]

Per IE, Colorado law and Supreme Court Rules dictate that Murphy's Court had no discretion to deny the defense's motion, and it was not a debatable motion.

IMO, IE was not getting her way with Judge Murphy. And while I never saw SD being called to testify in this case, IE did what she does best: twisted the facts to benefit her situation and pushed Judge Murphy out. And in "appearance of fairness," Murphy signed the Order. MOO

ETA: One should question how SD (who told the court she could not afford a lawyer in the harassment matter she was named), came to hire a Denver Law Firm that coincidentally had a connection with Judge Murphy in Chaffee County.

RSBM. RBBM.

ITA.

Judge Murphy agreed that the rule left him no viable choice. IE and DN knew that they could put him in that position. DN's husband is a partner in the firm headed by Murphy's lifelong and very close friend, so she would have reason to be aware of the relationship. BM could not afford to leave a key witness twisting in the wind, and when he was advised he could create an opportunity to go judge shopping, he gladly paid SD's bill.

Illegal? No. Unethical? Probably not. Does it stink?....

All MOO.

 

[Seattle1]

ETA: One should question how SD (who told the court she could not afford a lawyer in the harassment restraining order matter she was named), came to hire a Denver Law Firm that coincidentally had a connection with Judge Murphy in Chaffee County.

^^edit Court matter that I personally listened to via WebEx.

Add link:

Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #83

I would hope LE can get SD’s phone records and find the burner phone number for Barry. Would love to see those messages. GOLD.

www.websleuths.com

 

[kittythehare]

This got me thinking....

Admittedly I'm fuzzy on the details but...

Is there any chance Barry swapped out, not SIM cards, but BOBCATS? Could he have traded Bobcats with the guy he called (and IMO ascertained he wasn't in town)?

I was thinking about ATVs. Surely he had one as well as his neighbor. Betting that neighbor might've had a work truck on site, even if they (the homeowners) weren't.

Trailers don't have GPS tracking.

Cameras in Salida, cameras up at Monarch.

Barry untrailered his trailer.... backed up 95 feet or something.

Could he have hitched his wagon (with his Bobcat without SIM, with a borrowed SIM, or a borrowed Bobcat) and driven anywhere between Salida and Monarch? Just a guy and his Bobcat, up to no good, in the middle of the night? Roads would have been DEAD at that hour....

IMO Barry DID NOT turn left to dispose of her helmet (if anything that was his last hurrah as he headed out of town) and he DID NOT then proceed all the way to turn-around point. No way, no how. I think he had to check on something and it was worth racking up 12 miles (he likely figured no one would notice, everything else so carefully orchestrated with airplane mode magic).

I wonder if anyone ever checked deliveries at the neighbors' house. Out of town. Great place to deliver quicklime...

He was gone for about four hours. Long on travel, short on work? Short on travel, long on work? Split the difference and some of both?

What's the diameter of an auger?

Wish we could all disperse in Maysville and search until we can bring her home.

Who would've dreamed that the secret the mountains hold would be Suzanne?

JMO

he could have placed supplies beside the disposal site any time before, that way he only needed to carry her in there.
This was never a spur of the moment decision, it was well planned.
i'd be looking at his purchases for at least 12 months preceding..
i think he was always gonna do it, whether he knew about her affair or not..
recall that text she sent him referring to his past whatevers..
I assume she was referring to sexual exploits..
She found out, somehow and he knew she knew.
I don't know when or how she found out but i think that once he knew she knew it was game over for her...
Mr preacher himself had feet or other anatomical appendages of mere clay..
Ego..

it would have been absolutely no problem to drop materials and await the opportunity.. could even have used a barrel of some description, buried her alive in wet concrete in an enclosed container..

 

[kittythehare]

^^edit Court matter that I personally listened to via WebEx.

Add link:

Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #83

I would hope LE can get SD’s phone records and find the burner phone number for Barry. Would love to see those messages. GOLD.

www.websleuths.com

wheels within wheels within wheels

 

[Seattle1]

RSBM. RBBM.

ITA.

Judge Murphy agreed that the rule left him no viable choice. IE and DN knew that they could put him in that position. DN's husband is a partner in the firm headed by Murphy's lifelong and very close friend, so she would have reason to be aware of the relationship. BM could not afford to leave a key witness twisting in the wind, and when he was advised he could create an opportunity to go judge shopping, he gladly paid SD's bill.

Illegal? No. Unethical? Probably not. Does it stink?....

All MOO.

^^bbm

BM/SM's joint assets afforded BM many benefits unknown to most residents in Chaffee County including $500K cash to bond himself out of jail, a stellar defense team, and the opportunity to shop for a Judge that IE went on to eat for lunch....

While I disagree that SD was a key witness, and doubt she would have been called as a witness, it's a fact that DN's husband is a partner in the firm Judge Murphy named in his Order granting the defense motion to disqualify him!

All MOO

 

[Diddian]

I think the details and the law are very important if we are to understand Judge M's decision to recuse. It's still online if anyone cares to read it, and it consists of five pages.

SD's role as a listed witness in BM's trial is a key fact. It's not that she had her own case and appeared before M, represented by his friend.

I think before we judge the judge, we owe him at least a minute to understand his reasoning.

Order re: Defense Motion to Disqualify Judge Murphy (D-55)

I've read the order (at the time and now), so I did "take at least a minute" to understand his reasoning. I disagree with Judge Murphy's reasoning and believe that if such reasoning were consistently followed, many more judges would have to disqualify themselves on many more cases if either side moved to have them do so.

Will Judge Murphy's exceptionally broad reading of the statute be consistently followed by Judge Murphy and others, or will it only be followed in cases with exceptionally aggressive defense counsel, like IE demonstrated herself to be in the Morphew proceedings? Judge Murphy has essentially written the script for how aggressive defense attorneys might accomplish judge shopping.

 

[mrjitty]

I've read the order (at the time and now), so I did "take at least a minute" to understand his reasoning. I disagree with Judge Murphy's reasoning and believe that if such reasoning were consistently followed, many more judges would have to disqualify themselves on many more cases if either side moved to have them do so.

Will Judge Murphy's exceptionally broad reading of the statute be consistently followed by Judge Murphy and others, or will it only be followed in cases with exceptionally aggressive defense counsel, like IE demonstrated herself to be in the Morphew proceedings? Judge Murphy has essentially written the script for how aggressive defense attorneys might accomplish judge shopping.

I agree with your take

This was judge shopping, and the ground for recusal absurdly pedantic

Even if the witness were called, she would be examined by counsel for defence and prosecution. In what way would her own counsel play any role in the case???

 

[Lyanna]

he could have placed supplies beside the disposal site any time before, that way he only needed to carry her in there.
This was never a spur of the moment decision, it was well planned.
i'd be looking at his purchases for at least 12 months preceding..
i think he was always gonna do it, whether he knew about her affair or not..
recall that text she sent him referring to his past whatevers..
I assume she was referring to sexual exploits..
She found out, somehow and he knew she knew.
I don't know when or how she found out but i think that once he knew she knew it was game over for her...
Mr preacher himself had feet or other anatomical appendages of mere clay..
Ego..

it would have been absolutely no problem to drop materials and await the opportunity.. could even have used a barrel of some description, buried her alive in wet concrete in an enclosed container..

I agree it was planned.
jmo, but around the time Suzanne signed for him to be a special p.o.a (may have exact name for this wrong - it's been a LONG day) for sale of Indiana property in April 2019 was when he started planning it.

all moo

 

[Diddian]

I agree with your take

This was judge shopping, and the ground for recusal absurdly pedantic

Even if the witness were called, she would be examined by counsel for defence and prosecution. In what way would her own counsel play any role in the case???

Judge Murphy addressed that and concluded SD's counsel would likely play a small role, but still erred (in my opinion) on the side of excessively overcautious.

Had this been raised in Judge Clifton Newman's court (Judge Newman recently presided over the South Carolina trial of Alex Murdaugh for the murders of Murdaugh's wife and son), I sincerely doubt he'd disqualify himself on such little basis. And he'd admonish the defense counsel for wasting the Court's time, filing the motion late, and at the last minute to boot.

Different state of course, but more important, different and wiser judge.

 

[CGray123]

I've read the order (at the time and now), so I did "take at least a minute" to understand his reasoning. I disagree with Judge Murphy's reasoning and believe that if such reasoning were consistently followed, many more judges would have to disqualify themselves on many more cases if either side moved to have them do so.

Will Judge Murphy's exceptionally broad reading of the statute be consistently followed by Judge Murphy and others, or will it only be followed in cases with exceptionally aggressive defense counsel, like IE demonstrated herself to be in the Morphew proceedings? Judge Murphy has essentially written the script for how aggressive defense attorneys might accomplish judge shopping.

I don't see how disqualification based on the uniquely close and longstanding personal relationship Murphy describes would result in large scale disqualifications.

And that kind of relationship is the limiting scope of the rule, according the Colorado Supreme Court:

"The rule on disqualification for social relationships is not crystal clear,” said [Retired Judge and ethics expert Ed] Moss. “The Colorado Supreme Court has a case they decided a couple of years ago. It said the circumstance depended on the quality nature and closeness of the relationship, and the judge has to answer how close the relationship is.” Arkansas Valley Voice

I see Murphy's decision as a narrow one, that applies to this relationship and no other. He has not and does not disqualify himself from cases involving professional friends, or friends of short duration.

MOO, of course.

 

[CGray123]

I agree with your take

This was judge shopping, and the ground for recusal absurdly pedantic

Even if the witness were called, she would be examined by counsel for defence and prosecution. In what way would her own counsel play any role in the case???

I inferred the judge saw potential for her attorney to argue that her arrest and any subsequent search lacked probable cause and that any evidence they produced was inadmissible for any purpose. Also, he would assist and advise and advocate for her Fifth Amendment right not to incriminate herself. That seems to be what Judge Murphy is saying in his order.

 

[CGray123]

^^bbm

BM/SM's joint assets afforded BM many benefits unknown to most residents in Chaffee County including $500K cash to bond himself out of jail, a stellar defense team, and the opportunity to shop for a Judge that IE went on to eat for lunch....

While I disagree that SD was a key witness, and doubt she would have been called as a witness, it's a fact that DN's husband is a partner in the firm Judge Murphy named in his Order granting the defense motion to disqualify him!

All MOO

I think SD knows things it would not be in BM's interest to reveal, including a probable attempt to mislead police with a false report of a SODDI. If she could be turned on BM, I think she could have at least limited his defense options, and could possibly have made a difference in the jury's minds.

She'd want an immunity deal though. MOO.

 

[steeltowngirl]

^^bbm

BM/SM's joint assets afforded BM many benefits unknown to most residents in Chaffee County including $500K cash to bond himself out of jail, a stellar defense team, and the opportunity to shop for a Judge that IE went on to eat for lunch....

While I disagree that SD was a key witness, and doubt she would have been called as a witness, it's a fact that DN's husband is a partner in the firm Judge Murphy named in his Order granting the defense motion to disqualify him!

All MOO

Of course he did.
Oh… but he will be sure to pay her back … when he finds her.

Recall this conversation recorded on the spy pen. pg 29 affidavit.

Suzanne and Barry were arguing:
Suzanne: “You want me to just”
Barry: “No, I am just asking you to”
Suzanne: “blindly go into this.”
Barry: “You don’t have to blindly do anything. I’ll make plenty of money this year to pay you back.”
Suzanne: “I don’t want to talk about it since you yelled at me the other day.”
Barry: “Okay I will make plenty of money this year, this summer to pay you back, probably within in a month. This is something that I told you that was important and you decided to go against my wishes.”
Suzanne later stated, “It’s all about money”
Then she added, “Eighty-percent (80%) of our arguments are because of money.” She added, “It’s money. It’s about money.”

Top Five Most Explosive Details in Lengthy Barry Morphew Murder Investigation Affidavit That Was Just Released

The law enforcement affidavit supporting the arrest of Barry Morphew that was just released shows the accused wife-killer telling the FBI at least 13 times that he had "no idea" about his wife Suzanne's extramarital affair. The 131-page document reveals much more than that.

lawandcrime.com

 

[CGray123]

Judge Murphy addressed that and concluded SD's counsel would likely play a small role, but still erred (in my opinion) on the side of excessively overcautious.

Had this been raised in Judge Clifton Newman's court (Judge Newman recently presided over the South Carolina trial of Alex Murdaugh for the murders of Murdaugh's wife and son), I sincerely doubt he'd disqualify himself on such little basis. And he'd admonish the defense counsel for wasting the Court's time, filing the motion late, and at the last minute to boot.

Different state of course, but more important, different and wiser judge.

We'll see how Judge Newman's rulings fare on appeal, I suppose.

OTOH, SC law may be different enough from Colorado's that he would have had greater latitude, faced with the same situation as Murphy (which he was not).

 

[Diddian]

I don't see how disqualification based on the uniquely close and longstanding personal relationship Murphy describes would result in large scale disqualifications.

And that kind of relationship is the limiting scope of the rule, according the Colorado Supreme Court:

"The rule on disqualification for social relationships is not crystal clear,” said [Retired Judge and ethics expert Ed] Moss. “The Colorado Supreme Court has a case they decided a couple of years ago. It said the circumstance depended on the quality nature and closeness of the relationship, and the judge has to answer how close the relationship is.” Arkansas Valley Voice

I see Murphy's decision as a narrow one, that applies to this relationship and no other. He has not and does not disqualify himself from cases involving professional friends, or friends of short duration.

MOO, of course.

BBM. It won't, of course. But if Judge Murphy's reasoning were applied consistently, it would. And the law is supposed to be consistent.

After indicating that this is a novel area of the law (how widely to apply section d of the statute, which relationships and what role the person with the relationship will play in the case in question), Judge Murphy expressed in his own ruling that his relationship with the partner of SD's attorney would not impact his ruling or hearing of the case including anything relating to SD. Nevertheless, he disqualified himself.

Why? Because someone might claim that it looks suspicious? It seems to me that the only thing driving that decision was the aggressiveness of the defense team. He expected exceptional scrutiny and challenge, beyond the norm. And imo, beyond reason. And he kowtowed to it.

 

[CGray123]

BBM. It won't, of course. But if Judge Murphy's reasoning were applied consistently, it would. And the law is supposed to be consistent.

After indicating that this is a novel area of the law (how widely to apply section d of the statute, which relationships and what role the person with the relationship will play in the case in question), Judge Murphy expressed in his own ruling that his relationship with the partner of SD's attorney would not impact his ruling or hearing of the case including anything relating to SD. Nevertheless, he disqualified himself.

Why? Because someone might claim that it looks suspicious? It seems to me that the only thing driving that decision was the aggressiveness of the defense team. He expected exceptional scrutiny and challenge, beyond the norm. And imo, beyond reason. And he kowtowed to it.

Murphy read the statute and the rule in light of the explicit requirements of Judicial Canon 2.11(A), People v. Garner, People v. Botham and Smith v. District Court, As the Supreme Court held in Botham, "Regardless how a judge feels about his own impartiality, he must take care not to allow the justice system to be impugned by an appearance of partiality." Under the cases, this gets the highest priority for consideration, and mere appearance of prejudice is enough to disqualify a judge from hearing a case. Order

It appears that Murphy's reading of the rule was no broader than the Colorado Supreme Court's. MOO.