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

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I confess that I don't like IE's "all in" approach to criminal defense. I think her arguments for sanctions in BM's case were - ahem - male bovine excrement (hereafter, MBE).

However, I would be remiss not to mention that IE is a respected member of the Colorado defense bar, where she has held many leadership positions. Her employment history shows that she has worked for highly respected defense firms. She isn't - to my mind at least - an evil, corrupt, and corrupting influence on justice in America. She's just a zealot for her clients. If my beloved friend was in serious criminal trouble, I would recommend IE.

And prosecutor mishandling of discovery is a longstanding issue in Colorado, as the Supreme Court's recent amendment to Rule 3.8 indicates. As judge Caitlin Turner said recently in imposing sanctions in one of LS's cases - to summarize: the consequence of administrative problems and financial limitations in the prosecutor's office should not fall on the individual accused, who is deprived of the information needed to defend himself. 'Nuff said IMO. LS need to get it together, and she hasn't despite abundant notice.

I can't excuse her.

Don't you think alleging a baseless conspiracy in the media that your client has been charged based on no evidence, despite having conducted a prelim where you were in possession of all the evidence and a judge agreed there was sufficient foundation to proceed is damaging to the integrity of the justice system?

Do you think groundless allegations that the prosecutors are fitting up innocent people based on no evidence are damaging to public perception of prosecutors?

Personally I find all this remarkable. In the UK for instance, you simply do not see defence lawyers make these wild and conspiratorial claims alleging corruption on the part of prosecutors.
 
There are several Colorado criminal defense attorneys who would have done an effective job of defending BM, without the public drama and personal attacks. MOO.

Right.

In what way did asserting baseless conspiracies in the media assist with the case?

It seems be more IE was more assisting her own reputation and profile than doing an effective job on that score.
 
IMO IE had a role in the SD trespass, creating a conflict if interest (judge shopping). The new judge ruled in her favor on every motion. He retired (couldn't sit for trials) after ending this case with overly harsh sanctions. Llama (divorced) now works DUI (and other) cases in salida as a private defense lawyer.

Stanley couldn't prosecute a bank robber on camera with a bag of money walking out of the bank.

Judge Murphy passed the buck, after falling for fake DNA analysis . a partial match. Oxymoron. Granted bail to a murderer.

3 LE agencies battling for notoriety. Unable to work together.

Case is dismissed and IE goes on attack. Releases photo of homeless woman, stating it is Suzanne. States there is no evidence in this case, after a PH ruling that says otherwise. Daughters go on GMA with Barry and rant about wrongful prosecution. Did they read the AA? Suzanne was their mother. All this happened on mother's day 2020 during covid. Daughters out of town on camping trip.
Daughters "It's going to be the worst summer ever. My parents fight all the time. They should separate"

Barry .we have a great marriage. Steak and sex on may 9 2020. No calls or text between the two from feb to May 5. SM having a years long affair May 5 text from sM. I'm done.

Was the door jamb broke on may 5? Were BM game cameras normally functioning but not may 9? Was it normal for BM to be up all night ( over 90 truck events) and putting his phone in and out of airplane mode? 5 trash runs on the way to sitting in a hotel room for 7 hours calling it a big job? <modsnip>
 
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Right.

In what way did asserting baseless conspiracies in the media assist with the case?

It seems be more IE was more assisting her own reputation and profile than doing an effective job on that score.
I'm not a fan of trying one's case in the media, which was a violation of professional standards a generation ago. Defense attorneys lobbied for a change, claiming that the realities of news coverage left the prosecution's case as the only reportable information. The one-sided coverage demonstrably tainted the jury pool in high profile cases, so the lid came off, and high profile defendants can now give as good as they get, if the prosecutor makes obvious mistakes.

The public show isn't just about IE and her reputation, although that's a part of it. BM wants to be seen by the public (and his daughters) not as the guy who got off, but as an innocent man. That campaign began with SM's disappearance, long before BM hired defense counsel - and it comes from him, not just IE.

Part of his publicity campaign involved hiring serious civil trial attorneys to file an extensive Notice of Claim, which received extensive press coverage. I don't think the case has merit, but now that a judge has sanctioned LS with extensive findings about 20 cases, and with ongoing news coverage of prosecutor incompetence, the lawyers may believe that they can leverage a settlement from an embarrassed county motivated to stop the bleeding.

IE has made it a personal career goal to change a very real problem of discovery abuse by prosecutors. She didn't make that up. She's doing it her way, which is not yours or mine. But as I said, I don't see her as evil for any of that.

I think it's a shame that BM is not in prison, but I blame LS's incompetence for that, not IE's public posturing.
 
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Certainly! However, the prosecution needs to get its act together. Sadly, that's not happening. As far as the criminals in the 11th JD are concerned, Linda Stanley is the gift that keeps on giving.

Her elected predecessor, Molly Chilson, was brutally honest about what she could do with the resources provided, and incurred the political wrath of both county commissioners and local law enforcement. They didn't want to hear it.

Stanley postured as the tough on crime candidate, lying to the public by omission to the effect that you don't need additional resources to file and prosecute successfully. Stanley is now reaping what she sowed IMO.

The problem is not with the evidence: the prosecutor is the problem. MOO.
From your post imo it sounds like lack of resources which would be a problem here with any DA. As you say Molly who was in the position pointed that issue out. So Molly had the benefit of real experience with the lack of resources. Linda ? Not so much. So perhaps just naive and over confident when running for election and obvi she has failed to garner resources much like her predecessor.
 
Agree. IE is extremely aggressive.
Iris’ attack on Lauren Scharf was emblematic of her style imo. Classless, overbearing and belligerent. I would never hire her for a loved one or myself. As has been said there are many other highly intelligent just as capable attorneys. And the day will come when she gets her comeuppance imo.
 
What's the saying? -- keep your friends close? Or is it your enemies? Or wait -- keep your defense attorney close?

I wonder if he whispered, you are Suzanne to me.

Quoting myself because another look at that photo -- the courthouse Barr hug -- and kiss -- made me think of something.

May 9.

While assuredly not the plan, IMO Barry found a need to restrain Suzanne. I base this on the scratches which I believe are the signature grooves associated with self-defense against strangulation and/or assault.

So looking at the photo again, if Barry is Barry and IE is Suzanne, and Suzanne was fighting for her life to free herself from the Barr hug, how would those scratches line up, what do they tell us about Suzanne's position? Facing him, I can't make it work. But if he had a stranglehold from behind....

All she wanted was a divorce.

He didn't.

JMO
 
Quoting myself because another look at that photo -- the courthouse Barr hug -- and kiss -- made me think of something.

May 9.

While assuredly not the plan, IMO Barry found a need to restrain Suzanne. I base this on the scratches which I believe are the signature grooves associated with self-defense against strangulation and/or assault.

So looking at the photo again, if Barry is Barry and IE is Suzanne, and Suzanne was fighting for her life to free herself from the Barr hug, how would those scratches line up, what do they tell us about Suzanne's position? Facing him, I can't make it work. But if he had a stranglehold from behind....

All she wanted was a divorce.

He didn't.

JMO
She was sunbathing, relaxed.
Easy pickings.
Possibly pushing away a hand with a weapon.. pretty sure he would have prolonged it all..
made sure she understood he was merely fulfilling God's mission with licence to take pleasure in it.
 
I can't imagine Barry driving with a deceased Suzanne to a mountainous area, and risking detection. It seems like an unnecessary risk when they lived on 8 acres and had unlimited wilderness behind the Puma Path home. I believe he put Suzanne in the ground in sealed hunting cooler behind the Puma Path home.... So many possibilities. I hope she is found, yet don't think it necessary for a murder conviction.

Where did an armed Barry confront searchers during Andy's search? Was he on Suzanne's (and his)property telling searchers not to enter? That might be a good area to search. Too bad the house is under new ownership.
 
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I'm not a fan of trying one's case in the media, which was a violation of professional standards a generation ago. Defense attorneys lobbied for a change, claiming that the realities of news coverage left the prosecution's case as the only reportable information. The one-sided coverage demonstrably tainted the jury pool in high profile cases, so the lid came off, and high profile defendants can now give as good as they get, if the prosecutor makes obvious mistakes.

The public show isn't just about IE and her reputation, although that's a part of it. BM wants to be seen by the public (and his daughters) not as the guy who got off, but as an innocent man. That campaign began with SM's disappearance, long before BM hired defense counsel - and it comes from him, not just IE.

Part of his publicity campaign involved hiring serious civil trial attorneys to file an extensive Notice of Claim, which received extensive press coverage. I don't think the case has merit, but now that a judge has sanctioned LS with extensive findings about 20 cases, and with ongoing news coverage of prosecutor incompetence, the lawyers may believe that they can leverage a settlement from an embarrassed county motivated to stop the bleeding.

IE has made it a personal career goal to change a very real problem of discovery abuse by prosecutors. She didn't make that up. She's doing it her way, which is not yours or mine. But as I said, I don't see her as evil for any of that.

I think it's a shame that BM is not in prison, but I blame LS's incompetence for that, not IE's public posturing.

OK but you did not answer my question

Do you think it's OK to allege corruption on the part of the prosecutor, with no foundation?

To my mind that goes beyond merely trying your case in the media. IE repeatedly claimed there was no evidence against her client and he was fitted up for political reasons.

She then did the same thing in relation to the Idaho case where she is not even invovled.
 
He was in the river the day Tyson Draper filmed him. What was he doing in the river?

I never believed Suzanne was buried under snowpack. She's very close to the house somewhere.

JMO
His mom was also in his truck when Draper filmed him that day.
I don't know what he was doing in the river but I doubt it was anything relevant, if his mom was sitting right there in his truck. It's not like he's going to be destroying evidence with mom sitting right there.
Right?
 
OK but you did not answer my question

Do you think it's OK to allege corruption on the part of the prosecutor, with no foundation?

To my mind that goes beyond merely trying your case in the media. IE repeatedly claimed there was no evidence against her client and he was fitted up for political reasons.

She then did the same thing in relation to the Idaho case where she is not even invovled.
MOO a pattern of withholding discovery is corruption.
MOO LS tried standard prosecution shenanigans against a top defense attorney and along with her incompetence, Suzanne got burned.
 
MOO a pattern of withholding discovery is corruption.
MOO LS tried standard prosecution shenanigans against a top defense attorney and along with her incompetence, Suzanne got burned.

Even if I did agree with that idea (discovery violations are not corrup) it’s a post rationalisation.

iE was claiming there was no evidence against Barry long before.

I really don’t understand how posters are squaring this.
 
Even if I did agree with that idea (discovery violations are not corrup) it’s a post rationalisation.

iE was claiming there was no evidence against Barry long before.

I really don’t understand how posters are squaring this.
A single or even a couple of discovery violations is one thing, a pattern is another.
 


Colorado Statute provides the means by which charges brought by the district attorney include charges either by filing a complaint or direct information or by presenting a grand jury indictment in open court.

For decades, Colorado has long shown a preference for criminal charges brought by a complaint and information -- followed by a preliminary hearing (i.e., mini-trial) where the Court decides whether or not the prosecution satisfied the burden to prove probable cause for the Court to bound the defendant over for trial.

As followers here, we generally live for the preliminary hearing where we get to learn for the first time about the evidence and the witnesses of the case. Given how charges brought by a grand jury indictment eliminate the preliminary hearing process, I question why it would be a good idea to Amend Rule 6- Grand Jury and hand out another discretionary decision to the chief judge of the court, and eliminate the district attorney bringing charges against a defendant by complaint and information.

The discretionary decisions I've witnessed by District Court Judges Lama and Turner thus far do not cause me to welcome this amendment at all! (Granted, neither Lama nor Turner are chief judges of the court but can act by designation).

IMO, with all the secrecy and the sealing of information with a grand jury-- coupled with very questionable discretionary rulings, especially by the 11th Judicial District Judges, I see this (silent) amendment as more political posturing.

And no reason to cite the obvious monied influencers behind the amendment... JMO



Colo. R. Crim. P. 6
As amended through Rule Change 2023(6), effective March 23, 2023

Rule 6 - Grand Jury Rules(a) The chief judge of the district court in each county or a judge designated by him may order a grand jury summoned where authorized by law or required by the public interest.(b) The grand jury shall hear witnesses as may be determined by the grand jury and may find an indictment on the sworn testimony of one witness only, except in cases of perjury, when at least two witnesses to the same fact shall be necessary. An indictment may also be found upon the information of two of their own body.(c) The foreman of the grand jury may swear or affirm all witnesses who may come before the grand jury.
Colo. R. Crim. P. 6

Annotation Law reviews. For article, "State Grand Juries in Colorado: Understanding the Process and Attacking Indictments", see 34 Colo. Law. 63 (April 2005). Grand jury proceedings have been traditionally free of technical rules. People ex rel. Dunbar v. District Court, 179 Colo. 321, 500 P.2d 819 (1972). Applied in Thomas v. County Court, 198 Colo. 87, 596 P.2d 768 (1979); People v. District Court, 199 Colo. 398, 610 P.2d 490 (1980). .


Colo. R. Crim. P. 6.1​

As amended through Rule Change 2023(6), effective March 23, 2023

Rule 6.1 - Subpoenas-Issuance and Time Limits

Subpoenas and subpoenas duces tecum shall be issued in accordance with the rules of criminal procedure and these rules and shall be served at least forty-eight hours before any appearance is required before the grand jury, unless waived by the witness. The court, for good cause, may shorten the time limit imposed by this rule.

Colo. R. Crim. P. 6.1

Annotation Grand jury dependent on courts for subpoenas. One significant limitation upon the grand jury is that it must rely upon the courts to compel the production of documents or the attendance of witnesses, and, on motion of the witness subpoenaed, the court is given discretion to quash, modify, or order compliance with the subpoena. Losavio v. Robb, 195 Colo. 533, 579 P.2d 1152 (1978). For in camera examination of subpoenaed bank records, see Pignatiello v. District Court, 659 P.2d 683 (Colo. 1983). Applied in People ex rel. Gallagher v. District Court, 198 Colo. 468, 601 P.2d 1380 (1979).


 
A single or even a couple of discovery violations is one thing, a pattern is another.

Except for the actual pattern of alleged discovery violations referenced are not necessarily different than what prosecutors (and defense attorneys) in every other judicial district can be accused of but are not because most defense lawyers don't engage in this conduct -- a violation of the spirit of discovery statute (i.e., no trial by ambush).

In this cited case (Morphew) specifically, not one violation was ever cited by any Judge as a violation against the law (Statute) of the written criminal procedures governing Discovery or deemed intentional!

Fortunately, Appellate courts tend to make decisions based on actual law and are quick to call out discretionary decisions where the punishment does not fit the crime.

A good example is Judge Turner's recent discretionary ruling on a defense motion for sanctions to downgrade the charges of a confessed murderer (Tippet) from 1st-degree murder to 2nd-degree murder as a sanction for allegations of discovery violations when the preliminary hearing hasn't even happened (and the court hasn't even bound the defendant over for trial)!

Court records show Tippet confirmed what the woman told sheriff's deputies. He told detectives he did get into a physical altercation with the woman Saturday afternoon, and he "punched, slapped, and pulled" her hair.

After the fight, the woman told detectives she left. She told investigators that Tippet started calling her cellphone, and when she didn't answer, he left a series of voicemails.

Those messages included the statements, "my dad is dead in his bead," "I left Dad's dead body sitting here" and "I shot my dad."

When investigators got to the house, they found William Tippet, Joseph Tippet's father, lying in a bed with two gunshots to the back of his head.


Tippet told detectives that William had been living at his house for two years.

According to court records, when detectives asked Tippet why he shot William, Tippet told them William was "not a good dad" and was an "absentee father."


Of course, the defense has since admitted they probably had 85% if not all discovery when sanctions were imposed but nobody reports this fact.

Where is the rage against Judge Turner's discretionary ruling to let a confessed killer skate on his true charges of murdering his father in the 1st degree, less than 90 days after the murder? And before his preliminary hearing is set!

Why were no headlines that Judge Turner let a man skate on 1st-degree murder because the defense did not have a 911 dispatch audio?

It's not clickbait like the other headlines that cause you to subscribe for more allegations that prove to be untrue. Deja vu Colorado v Barry Morphew.....

Statutory Rule 16 - governing discovery, provides for discovery by each side delivered not later than 35 days before trial.



March 29, 2023

During a status conference Wednesday, the defense attorney for Joseph Tippet said he finally has access to the discovery needed to move the case forward for a preliminary hearing, albeit more than two months after the alleged crime.

Joseph Tippet, 36, has been charged with murder in the first degree, a Class 1 felony, in connection with the shooting death of his 72-year-old father, William Tippet, in their South Raynolds home on Jan. 6.

“Today is the first time that a district attorney addressing this case has appeared in person,” said Adam Tunink, Tippet’s public defender. “Mr. Little (the assistant district attorney) and I have just talked; it was, I think, beneficial.”

Tunink proposed sanctions to the court earlier this month for ongoing discovery violations by the District Attorney’s Office.

On Tuesday, a certificate of compliance was filed indicating that the DA’s Office had turned over all known discovery by Wednesday’s court-ordered deadline.

“For the first time in this case, I have the majority of the discovery as of today,” Tunink said. “I am not going to represent that I think I have all of it, but I think that I have the majority of the discovery as of today.”

Magistrate Michael Meyrick said in the last seven days, since his last order was issued, about 1,159 items/pages of discovery have been produced by the prosecution, which represents about 85% of discovery. He asked if the prosecution had the discovery or if they had to go and get it.

Deputy District Attorney David Little said the overwhelming majority of the discovery are small wave files of dispatch audio, including one- to four-minute segments of officers communicating over the airwaves.

“We didn’t have these things, we’ve requested them,” he said. “We’ve done a significant amount of work to make sure that all of this is in the file and that there isn’t anything else that is out there.”
 
His mom was also in his truck when Draper filmed him that day.
I don't know what he was doing in the river but I doubt it was anything relevant, if his mom was sitting right there in his truck. It's not like he's going to be destroying evidence with mom sitting right there.
Right?
Good question and wish we had the answer to that. I wonder what her thoughts are now a few years later. Because Barry is her son, she might not let her mind wander to what happened to Suzanne.
 
Personally I find all this remarkable. In the UK for instance, you simply do not see defence lawyers make these wild and conspiratorial claims alleging corruption on the part of prosecutors.

Generally, you also don't see defence lawyers across the US-- including Colorado-- make outlandish requests for sanctions against prosecutors such as reducing charges against the defendant, weeks after their arrest, or dismissing key expert witnesses shortly before trial-- essentially preventing the case from going forward.

But we saw both from IE -- it's her SOP, and I'm appalled to see other defense lawyers in this specific judicial district take pages out of IE's playbook: Pick a judge, and pick and choose a winnable motion, and the public interest be damned.

IMO, it's like it's become sport. So what is this -- we don't support the elected DA and the end justifies the means?

Why not file a recall? The citizens of Colorado are granted the authority to perform a recall election by Section 1 of Article 21 of the Colorado Constitution.

Perhaps that approach would be too honest, rational, and far better to smear a public servant with clickbait headlines, while also ruining the careers of prosecutors working in the District!

Stay tuned -- IE promised a press conference this week!

From the July 22, 2021 Discovery Motions hearing -- confirms defense had discovery far in advance of the prelim.

Replying to
@LaurenScharfTV
"There is a difference between that you are not providing the discovery versus them not able to retrieve the discovery you provide," Judge Murphy said.
9:54 AM · Jul 22, 2021

Colorado's statute governing discovery has a clear deadline that was not violated. I disagree that missing discovery dates at months before trial, pursued by the defense and agreed to by the prosecutor, would ever affect a verdict.

The sanctions imposed by Lama in fact terminated the case.

At the entry of the not guilty plea, the court shall set a deadline for such disclosure. In no case shall such disclosure be less than 35 days before trial for a felony trial, or 7 days before trial for a non-felony trial, except for good cause shown.


iE was claiming there was no evidence against Barry long before.

I really don’t understand how posters are squaring this.

Everybody is entitled to their own opinion so I'm convinced anybody squaring this must simply hold a bias against the DA -- whether personal or fueled by IE's untruthful rhetoric.....

However, knowing we've scrubbed the actual motions and allegations by IE and the uncontested response by the prosecutor, in comparison to the actual court rulings, I'm satisfied it's not based on a matter of law. MOO

Additional examples previously discussed in this thread alone:











 
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