Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

[Momofthreeboys]

Totally agree @mrjitty
Interersting? Not so much - pretty simple actually
-When LE lies to a suspect it's legal and the lies serve as an aid in the pursuit of the truth
-When a suspect lies to LE it's illegal and the lies serve to cover up the truth/obstruct justice
Coventional wisdom tells us if someone has nothing to hide they have no reason to cover up the truth

Bottomline - BM is the lying liar who illegally lied to LE and at some point may be charged with obstruction of justice.

I think Iris also highlites/whines on one of the lawsuits or both, that LE lied to Barry and how terrible that was and that there are currently no remedies under the law for LE lying to Barry. Understandably, IMO, as I understand it's not illegal so why would there be remedies?
Perhaps one of Iris' points will be that since LE can lie to BM, BM should be able to lie to LE.
It would not surprise me.
She likes to deal in the upside down world IMO
ALL IMO

I thought it was only interesting from a legal perspective since he was never Mirandized however the only charge I could find was potentially "obstruction of justice" that they could have levied against Barry potentially.

 

[waldojabba]

Thanks @Momofthreeboys
I am not recalling that he was never mirandized. Please cite your source when you have a sec - you have me curious
Thanks so much

 

[Lyanna]

Possibly me being dense (happens frequently!) but if BM wasn't mirandized, am pretty sure IE would have been all over that like ants on jam?

moo

 

[waldojabba]

Possibly me being dense (happens frequently!) but if BM wasn't mirandized, am pretty sure IE would have been all over that like ants on jam?

moo

Agree - it would have been on speakers broadcasting on a loop during her press conference - and for that matter probably dramatically featured on her web site lol.I recall no mention of it ever, but @Momofthreeboys stated it, so willing to be open to somehow missing it - lets see what is out there that she is basing that statement on. imo

 

[Lyanna]

Agree - it would have been on speakers broadcasting on a loop during her press conference - and for that matter probably dramatically featured on her web site lol.I recall no mention of it ever, but @Momofthreeboys stated it, so willing to be open to somehow missing it - lets see what is out there that she is basing that statement on. imo

Geez - imagine hearing her on a loop!

moo

 

[O.Incandenza]

I thought it was only interesting from a legal perspective since he was never Mirandized however the only charge I could find was potentially "obstruction of justice" that they could have levied against Barry potentially.

The "Attempt to influence a public servant' charges were for deception, so essentially for lying to LE.

You don't have to be mirandized for non-custodial interviews. From the AA, none of the interviews that BM did appeared to be in a custodial context.

 

[Momofthreeboys]

The "Attempt to influence a public servant' charges were for deception, so essentially for lying to LE.

You don't have to be mirandized for non-custodial interviews. From the AA, none of the interviews that BM did appeared to be in a custodial context.

I suppose that was their intent…deceit…maybe obstruction of justice has slightly different meaning in Colorado.

 

[waldojabba]

The "Attempt to influence a public servant' charges were for deception, so essentially for lying to LE.

You don't have to be mirandized for non-custodial interviews. From the AA, none of the interviews that BM did appeared to be in a custodial context.

Thanks @O.Incandenza, I don’t recall either that there were any interviews mentioned where he was in a custodial context. But I could not say for sure that there were none. I def would have to believe he got the full Miranda blurb as required when they cuffed him outside of the anytime fitness in poncha springs and arrested him and put him in a what Iris likes to refer to as a “cage” aka jail cell for five months. Just my opinion

 

[Seattle1]

I thought it was only interesting from a legal perspective since he was never Mirandized however the only charge I could find was potentially "obstruction of justice" that they could have levied against Barry potentially.

This is false. And it's always been a violation of TOS to post statements as fact without supporting link.

I suppose that was their intent…deceit…maybe obstruction of justice has slightly different meaning in Colorado.

This makes no sense to me.

From the [Colorado] Complaint: date, names, Statute, and the charge defined-- easy peasy.

 

[Momofthreeboys]

This is false. And it's always been a violation of TOS to post statements as fact without supporting link.

This makes no sense to me.

From the [Colorado] Complaint: date, names, Statute, and the charge defined-- easy peasy.

View attachment 425508

Was he read his rights during the free flowing conversations we are discussing. I don’t think so. We have been discussing the lies told to LE by Barry during his conversations prior to the arrests. Of course he would have been read his rights when arrested.

 

[Momofthreeboys]

Re your other question I see in Colorado the Influencing entails deceit and obstruction seems to imply some sort of physicality. So the influencing charge does make sense in Colorado.

Obstruction of Justice -18-8-102– A person commits obstructing government operations if he intentionally obstructs, impairs or hinders the performance of a government function by a public servant by using or threatening to use violence, force, or physical interference or obstacle.

Attempting to Influence a Public Servant 18-8-306 Any person who attempts to influence any public servant by means of deceit with the intent thereby to alter or affect the public servant’s decision, vote, opinion, or action concerning any matter which is to be considered or performed by him commits a class 4 felony.

 

[windrower]

Keep talking Barry. Here's some more rope.
He's as guilty as the day is long....He's managed to convince his daughters, but he is not fooling anyone else.

MOO

He appears to be fooling a few, and maybe some who just can’t accept the evidence of his guilt.

I remember this case now - it is a hot mess!

I guess this ruling needs to be cleared up at appellate level. On the one hand, it seems odd that you can question in civil court whether probable cause existed for the purposes of one proceedings, when the criminal court, being aware of the relevant facts, found that it did in fact exist.

Indeed the case went to a jury, which clearly it couldn't, if there wasn't at least a case to answer - the Judge wouldn't have let the issue go to the jury at the end of the evidential phase otherwise.

On the brady/discovery violation type stuff - the usual remedy is evidential orders/sanctions in the trial - to ensure the trial remains fair. Should the defendant be able to get civil damages for that stuff? I guess if they can show actual harm/loss?

In the Morphew case, the claim seems to be (mostly) that the loss was the time in prison, because exculpatory evidence wasn't disclosed in the PCA. i find that claim pretty hard to take seriously.

In Kimball (on a cursory reading of the news reports) it seems like it should have been disclosed in the PCA that there was actual exculpatory evidence?

IMO an important point is that all of the matters raised in the civil claim were raised in the prelim, and yet the court found a case to answer - i.e, beyond the probable cause for arrest standard which is the lowest hurdle.

Poor Iris. Since she has previously stated, iirc, that the DNA in the Rover glovebox is exculpatory evidence, she must not have the comprehension skills to understand the information about that DNA showed that it most certainly was NOT exculpatory evidence.

Does she think that if she says it enough, it will become true?

Even I understand what the DNA experts revealed in their testing and results, and I have no college degree.

 

[Seattle1]

Was he read his rights during the free flowing conversations we are discussing. I don’t think so. We have been discussing the lies told to LE by Barry during his conversations prior to the arrests. Of course he would have been read his rights when arrested.

You don't have to be mirandized for non-custodial interviews. From the AA, none of the interviews that BM did appeared to be in a custodial context.

^^rsbbm
I know what we are discussing, your post is false, and @O.Incandenza answered your question already.

 

[MassGuy]

Barry Morphew admitted to abusing his wife, that is not in question. Anyone who supports him in that regard, is sick beyond belief. That’s all I have to say about that.

 

[Cindizzi]

Was he read his rights during the free flowing conversations we are discussing. I don’t think so. We have been discussing the lies told to LE by Barry during his conversations prior to the arrests. Of course he would have been read his rights when arrested.

Mark Redwine’s Defense filed NUMEROUS Motions to suppress LE interviews claiming his rights were violated. The Law was decided otherwise.

https://www.courts.state.co.us/userfiles/file/Court_Probation/06th_Judicial_District/La_Plata/Redwine/Order%20Regarding%20the%20Motions%20to%20Suppress%20Statements%20of%20Defendant%20to%20Law%20Enforcement%20and%20Agents%20of%20Law%20Enforcement%20and%20D-55%20Through%20D-81.pdf

 

[girlhasnoname]

Mark Redwine’s Defense filed NUMEROUS Motions to suppress LE interviews claiming his rights were violated. The Law was decided otherwise.

https://www.courts.state.co.us/userfiles/file/Court_Probation/06th_Judicial_District/La_Plata/Redwine/Order%20Regarding%20the%20Motions%20to%20Suppress%20Statements%20of%20Defendant%20to%20Law%20Enforcement%20and%20Agents%20of%20Law%20Enforcement%20and%20D-55%20Through%20D-81.pdf

View attachment 425569View attachment 425570View attachment 425571View attachment 425572View attachment 425573

And thank goodness he is sitting in a concrete cell. Let's hope Suzanne finally gets the same justice.

 

[Cindizzi]

@Seattle1

@Niner

Wonder what this is about!

Wasn‘t he placed on a year’s probation for the weapon charge or something like that? Has it been a year already?

Colorado Judicial Branch - Court Docket Search

www.courts.state.co.us

 

[Seattle1]

@Seattle1
Wonder what this is about!

Wasn‘t he placed on a year’s probation for the weapon charge or something like that? Has it been a year already?

Colorado Judicial Branch - Court Docket Search

www.courts.state.co.us

View attachment 425935

For the forgery charge plea agreement (voter fraud), BM's deferred judgment and supervised probation was to end on June 21, 2023. Given the forgery case was heard in Chaffee County, I'm not sure why BM has a hearing in Fremont. I also don't recognize the case number except the date is 2022. More likely this is about BM wanting his property released. JMO

Barry Morphew, who cast missing wife’s ballot for Trump, pleads guilty in 2020 voter fraud case

Barry Morphew pleaded guilty Thursday to a forgery charge in a voter-fraud case in which he admitted to casting his missing wife’s 2020 ballot for President Donald Trump.

www.denverpost.com

The case before 11th Judicial District Judge Patrick Murphy in Chaffee County is concluded, according to court records. Morphew was fined and assessed court costs of $600. Barring a reversal, the deferred judgment will end on June 21. A review is scheduled for Nov. 28.

He will serve no jail time as part of the plea agreement. His probation is supervised. Should he run afoul of the agreement, Morphew faces up to six years in prison if there are extraordinary or aggravating circumstances.

 

[Cindizzi]

For the forgery charge plea agreement (voter fraud), BM's deferred judgment and supervised probation was to end on June 21, 2023. Given the forgery case was heard in Chaffee County, I'm not sure why BM has a hearing in Fremont. I also don't recognize the case number except the date is 2022. More likely this is about BM wanting his property released. JMO

Barry Morphew, who cast missing wife’s ballot for Trump, pleads guilty in 2020 voter fraud case

Barry Morphew pleaded guilty Thursday to a forgery charge in a voter-fraud case in which he admitted to casting his missing wife’s 2020 ballot for President Donald Trump.

www.denverpost.com

The case before 11th Judicial District Judge Patrick Murphy in Chaffee County is concluded, according to court records. Morphew was fined and assessed court costs of $600. Barring a reversal, the deferred judgment will end on June 21. A review is scheduled for Nov. 28.

He will serve no jail time as part of the plea agreement. His probation is supervised. Should he run afoul of the agreement, Morphew faces up to six years in prison if there are extraordinary or aggravating circumstances.

Thanks
Looks like case number is for the Murder charges after venue changed to Fremont County.

Colorado Judicial Branch - 11th Judicial District - Homepage

www.courts.state.co.us

 

[Seattle1]

Thanks
Looks like case number is for the Murder charges after venue changed to Fremont County.

Colorado Judicial Branch - 11th Judicial District - Homepage

www.courts.state.co.us

View attachment 425942

Thank you! I had the Amended Complaint open on my computer and didn't think about the new case number when transferred to Fremont County.

I do think it's probably about confiscated property BM wants released. I can't recall if firearms were on the inventory list previously filed by IE but BM will no longer be deemed a felon on the date of the hearing so maybe he wants any guns available. JMO