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

[WingsOverTX]

I don't think either of the judges in this case was up to the task. The one who signed off on the AA proceeds to very unprofessionally undermine it by complaining about it. He then puts the defendant back on the street because he doesn't understand the DNA on the glovebox being partial cannot be exculpatory.

The second judge is too laughable to even warrant comment in that he just parrots the defense & forces the case to be dropped without prejudice. He then resigns.

Criticizing the DA, while understandable, doesn't begin to address the judicial wrongs here.

What is the remedy? Waiting on the current DA to vacate office does not seem a wise course.

Is no one in this fiasco, including BM, ever to be held to account?

A superior court in CO just reading here would have enough proof of judicial irresponsibility to step in IMO.

What is the remedy?
MOO

 

[Nikynoo]

I don't think either of the judges in this case was up to the task. The one who signed off on the AA proceeds to very unprofessionally undermine it by complaining about it. He then puts the defendant back on the street because he doesn't understand the DNA on the glovebox being partial cannot be exculpatory.

The second judge is too laughable to even warrant comment in that he just parrots the defense & forces the case to be dropped without prejudice. He then resigns.

Criticizing the DA, while understandable, doesn't begin to address the judicial wrongs here.

What is the remedy? Waiting on the current DA to vacate office does not seem a wise course.

Is no one in this fiasco, including BM, ever to be held to account?

A superior court in CO just reading here would have enough proof of judicial irresponsibility to step in IMO.

What is the remedy?
MOO

Can the family proceed with a private prosecution or sue for wrongful death?

 

[Diddian]

Can the family proceed with a private prosecution or sue for wrongful death?

I cannot imagine a single reason why SM’s family would want to invite the twin demonic whirlwinds that are Iris Eytan and BM back into their lives.

It would not bring back SM. It would not bring back what belonged to SM. And it would only further alienate SM’s daughters, who are at present choosing to align with the booby prize that is their father spending down anything that SM may have intended be left for them.

The lesson in all this: Don‘t live in fantasy land and don’t let your kids live in fantasy land. If their other parent is a manipulative, bullying fake, don’t pretend otherwise or that parent and their confusion about that parent may in the end be all they are left with.

 

[Momofthreeboys]

Can the family proceed with a private prosecution or sue for wrongful death?

In Colorado, I think only Barry or the girls with his permission had standing in the first year to file a civil suit and only the girls had standing to file a unlawful death civil suit in the second year and I believe the time has passed as in Colorado the suit has to be filed within two years. Plus since Suzanne has never been legally declared deceased I'm not sure how that would come into play. But "the family" whatever that means outside of Barry and the girls cannot file in Colorado regardless. Theoretically maybe the girls could have filed in year two against their father, but I can't imagine what they would gain from that and they would probably need to prove that she was deceased.

Wrongful Death Lawsuits in Colorado

A look at wrongful death claims in Colorado, including who can file the lawsuit, types of recoverable damages, and more.

www.nolo.com

 

[Nikynoo]

In Colorado, I think only Barry or the girls with his permission had standing in the first year to file a civil suit and only the girls had standing to file a unlawful death civil suit in the second year and I believe the time has passed as in Colorado the suit has to be filed within two years. Plus since Suzanne has never been legally declared deceased I'm not sure how that would come into play. But "the family" whatever that means outside of Barry and the girls cannot file in Colorado regardless. Theoretically maybe the girls could have filed in year two against their father, but I can't imagine what they would gain from that and they would probably need to prove that she was deceased.

Wrongful Death Lawsuits in Colorado

A look at wrongful death claims in Colorado, including who can file the lawsuit, types of recoverable damages, and more.

www.nolo.com

Thank you.

 

[Smelly Squirrel]

Don't know about Colorado, but in other states, the time limitation is higher for a missing person, but, in any case, it would still be for spouses or children only when there are any.

 

[CGray123]

Don't know about Colorado, but in other states, the time limitation is higher for a missing person, but, in any case, it would still be for spouses or children only, if any.

Statutes of limitations often "toll" (are suspended) during periods when a key fact is unknown. If the girls ever decide to sue BM, I suspect they can - especially if SM's remains are found.

 

[CGray123]

I don't think either of the judges in this case was up to the task. The one who signed off on the AA proceeds to very unprofessionally undermine it by complaining about it. He then puts the defendant back on the street because he doesn't understand the DNA on the glovebox being partial cannot be exculpatory.

The second judge is too laughable to even warrant comment in that he just parrots the defense & forces the case to be dropped without prejudice. He then resigns.

Criticizing the DA, while understandable, doesn't begin to address the judicial wrongs here.

What is the remedy? Waiting on the current DA to vacate office does not seem a wise course.

Is no one in this fiasco, including BM, ever to be held to account?

A superior court in CO just reading here would have enough proof of judicial irresponsibility to step in IMO.

What is the remedy?
MOO

All the decisions by judges were grounded in factual determinations that were consistent with the evidence they heard and the law as they interpreted it within their discretion to do so. The only person who could have challenged them was LS, and she made no attempt to do so. As a party to the case adversely affected by any judicial misconduct, she could have filed a complaint about that, too, but she has made no attempt to do that either.

LS, who by her conduct and mistakes handed the judges the grounds to make the decisions they did in this case, should be held accountable. Your guess is as good as mine as to whether that will happen.

All MOO.

 

[mrjitty]

Statutes of limitations often "toll" (are suspended) during periods when a key fact is unknown. If the girls ever decide to sue BM, I suspect they can - especially if SM's remains are found.

I was wondering about this. If death has not yet been determined, when does the time run from?

1. When she was killed?
2. When her death was proven?

It would seem perverse if the person who caused the wrongful death via a criminal act could conceal the death and thus run out the clock to their own benefit.

 

[CGray123]

I was wondering about this. If death has not yet been determined, when does the time run from?

1. When she was killed?
2. When her death was proven?

It would seem perverse if the person who caused the wrongful death via a criminal act could conceal the death and thus run out the clock to their own benefit.

Generally for the statute of limitations, a civil claim for relief accrues when the injured plaintiff knew, or should have known of the injury, its cause, and the responsible party. But certain circumstances can suspend or "toll' the statute (see, Statute of Limitations Considerations in Colorado).

IMO, the girls have two conceivable arguments if they change their minds and decide to sue: (1) that they have no reason to believe their mother is dead because her remains have not been found (no accrual); and (2) their trusted father BM concealed their mother's remains and actively misled them to believe that she is alive (tolls the statute with respect to this claim against him).

MOO. Not an attorney.

 

[mrjitty]

Right this makes more sense.

 

[MountainDad]

Murphy sealed the AA, to protect the daughters. He said it was too long, contained inadmissible info. He set the stage. They are automatic victims, not from BM murdering their mother, but from wrongful prosecution of their dad. If they sue, it won't be against BM. All my opinion.

Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September

District Court Judge Patrick W. Murphy ruled on Friday to keep Barry Morphew's 130 page arrest affidavit sealed until at least September.

www.google.com

 

[Smelly Squirrel]

Murphy sealed the AA, to protect the daughters. He said it was too long, contained inadmissible info. He set the stage. They are automatic victims, not from BM murdering their mother, but from wrongful prosecution of their dad. If they sue, it won't be against BM. All my opinion.

You don't think BM did it?

 

[CGray123]

Can the family proceed with a private prosecution or sue for wrongful death?

Good question. If you are referring to the private prosecution of criminal charges that is allowed in the UK, no jurisdiction in the US allows similar actions by private parties. Only public prosecutors offices established by law are authorized to pursue felony criminal cases in court (New Hampshire allows private actions for crimes that do not involve imprisonment as a punishment).

Private parties can pursue "civil actions" for damages (including punitive damages) on the same factual basis as a criminal charge, but incarceration is not a civil remedy.

 

[mrjitty]

I don’t see how you could sue for wrongful prosecution given the existence of the ruling at the preliminary hearing

 

[CGray123]

I don’t see how you could sue for wrongful prosecution given the existence of the ruling at the preliminary hearing

Exactly. And Judge L refused to find that any of the discovery violations were willful.

This is why IE and BM are so interested in getting the state Attorney Regulation Counsel to find that prosecutors committed acts of misconduct in his case. They need something that will overcome the above obstacles and open an opportunity to assert a civil claim for damages.

BM has not filed in court any of the claims identified in his Notice of Claim against the county, district, and state actors involved in this case. The statute of limitations will expire in a few months.

I note that the NOC does not identify the judges as possible defendants, so there would be no possibility of BM suing them as one WS er suggested.

As to any potential claims by the daughters against any state actor related to their father's arrest (also suggested), they have not filed an NOC at all. They have no claims of any kind that I can identify, but the failure to file an NOC would bar any claims that might exist.

 

[Love Never Fails]

Failed strategy that stinks of preferential treatment. Going to Suzanne's house for an interview with Barry, Bbq steaks , and pray. Ridiculous. Judge Murphy heard the "brilliant" interviews granted bail and change of venue.

I believe the facts show BM was already grilling steaks when investigators showed up. BM asked to pray over the food as the family always did. This was NO planned bbq and prayer service like you want to make it out to be. This had NOTHING to do with the judge’s decision.
Barry should be in prison right now, for life.

 

[kittythehare]

what needs to happen to get this case back in court?

 

[Love Never Fails]

I don't think either of the judges in this case was up to the task. The one who signed off on the AA proceeds to very unprofessionally undermine it by complaining about it. He then puts the defendant back on the street because he doesn't understand the DNA on the glovebox being partial cannot be exculpatory.

The second judge is too laughable to even warrant comment in that he just parrots the defense & forces the case to be dropped without prejudice. He then resigns.

Criticizing the DA, while understandable, doesn't begin to address the judicial wrongs here.

What is the remedy? Waiting on the current DA to vacate office does not seem a wise course.

Is no one in this fiasco, including BM, ever to be held to account?

A superior court in CO just reading here would have enough proof of judicial irresponsibility to step in IMO.

What is the remedy?
MOO

Exactly.

 

[CGray123]

what needs to happen to get this case back in court?

1. Competent leadership of the prosecutor's office (from a new DA).

2. Financial and staffing support from the County Commissioners.

3. Pressure from the public in the entire 11th District. (It's a fact of life that in a democracy, we get what we vote for and in the 11th JD Colorado, the people who vote made decisions that contributed to the dismissal of this case).

4. Pressure from the Moorman family (If it's not urgent for them, public pressure from the community is diminished in the minds of the politicians).

I think the case can be prosecuted successfully with the existing evidence if these elements are present. But LE should be taking advantage of the opportunity to analyze the defense put up by IE and, if more research or investigation is needed to rebut important defense tactics, spend the time to do so.

The prosecution dismissed this case in part based on the claim that LE had reason to believe they could find SM's remains once the snow and ice melted in the highest elevations around Salida. IMO only, the defense will demand that they show both a good faith reason and a good faith effort to find SM before a judge will let the case proceed.

In part this will reflect legitimate concern for BM's Constitutional right to a speedy trial. Prosecutors should not be permitted to dismiss a case based on a pretext when they could not reasonably expect a continuance, only to refile after the speedy trial period has expired.

I am very concerned for women in these rural communities. They are already in very vulnerable conditions, and this case has given aid and comfort to wealthy, abusive men, who feel they can literally get away with murder because the local yokels don't have their act together.

All MOO. (Not an attorney)