Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #114

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I'm behind the 8 ball, haven't been on this thread in a while. That said, they stand by him right through his prison term.

He is their last living parent.
He holds the purse strings, excuse me, the atm.
He religiously gaslit them into believing SM needed to be punished.
Internally they don't want to believe he killed her, they love him.

The youngest, in moo, may have memories that haunt her of "knowing" how cruel BM was to her mother, even wanting a restraining order.

MOO

That, and I wonder if it is another form of Stockholm syndrome, identifying with the abuser. BM was the “patriarch” and his older daughter is also a hunter; I don’t know if she initially liked it or if BM projected his interests onto her and she accompanied him to be closer to him. Anyhow, I see some polarization of relationship there when SM was alive and younger daughter lived in her BF’s family at one point.

I don’t know how MM2 felt inside, but anyone would be outmanned in this situation.

I would like to know how their situation is now. He did hold the strings to the purse, but he is also spending their inheritance.
 
From the quoted link:

6/14/24

[..]

Stanley's attorney Steve Jensen explained that she understood that she was off-the-record when she made the comments, but reporters said that she had a microphone on and should have known she was being recorded.

The order granting the motion to dismiss was filed by Fremont County District Court Judge Kaitlin Turner. Turner has been present listening to testimony in the gallery of the courtroom but is not scheduled to testify at Stanley's hearing.

[..]

In addition to the Fremont County case, Suthers was also asked about extra-judicial statements made by Stanley as lead prosecutor in Barry Morphew's murder case: First when he was arrested on May 5, 2021, and then on a national podcast after the evidentiary hearing.

[..]

Suthers said that he is being paid $250 dollars an hour with a cap of $5,000 to testify.

Also testifying Friday was Stan Garnett, former Boulder District Attorney, and Grant Grosgebauer, a prosecutor who was borrowed from the 18th Judicial District to help in the month leading up to the oncoming trial. He described those last tumultuous weeks as “a snowball that kept rolling down the hill.”

Grosgebauer said that Morphew's attorney, Iris Eytan, whom he described as "fierce," made prosecutors' lives difficult in the month-and-a-half before trial by filing motions which he felt were stretching a prosecution team which was outmanned.

“The defense had three full-time lawyers and six paralegals, plus investigators. They were filing every motion they could file but they were hammering the case” said Grosgebauer.

[..]

Grosgebauer, who got out of the prosecution business partly he said because of how difficult it has become to do that kind of work, is now a defense attorney in private practice. He told a three-person panel overseeing the hearing that it felt like former 11th Judicial District Judge Ramsey Lama treated the prosecution and the defense differently, particularly when he struck 13 of 16 district attorney witnesses as sanctions on the eve of trial, because the prosecution had engaged in “consistent” discovery violations, missing "already extended deadlines" for data involving the witnesses.

[..]

Grosgebauer countered that this was not true, and that Lama’s ruling was "really quick," based on the word of the defense, which was filing motions, he felt, for the sake of keeping the prosecution on its heels.

this quote about the size of IEs team is the key point here and a classic theme where high powered defence teams are on the case

“The defense had three full-time lawyers and six paralegals, plus investigators. They were filing every motion they could file but they were hammering the case” said Grosgebauer.

Judge got sold a bill of goods.

Barring all the expert witnesses because the bios were a day late is bizarre. but i think he was taken in by the wider nonsense in IEs motions. reading those is important because you will see IE alleges much more far reaching discovery failures relating to data she in fact had

i think Lama simply believed it and we know he was probably more influenced by the wider pattern in other cases than what we knew at the time.
 
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So, by the tone of your post I can tell that you must be happy with Linda's performance on this case.

This is a straw man IMO.

We can be unhappy with the performance of the DA's office under LS's leadership in multiple cases, and still be shaking our heads at the dubious sanctions Lama dished out.

We now know that Judges in the district were concerned about this and started handing out punishment to get the DA to change course - it was never so much about the individual cases and more about the big picture. We just didn't know that at the time, when we were so shocked at the likely illegitimate sanctions.

As for IE, I would be fine if she won a dismissal, and complained about LS's actual discovery violations. Instead she pretended it was all a giant conspiracy against her client.

That harm's public confidence in institutions.
 
I don't see the problem with this. You may not like Iris but her crusade against Linda Stanley seems to have a lot of merit.

Iris discovered LS was woefully incompetent. I mean, how many DA's are so bad they get to the point of investigating the judge of a case she was handling? It seems her direct reports and people tangential to her office are all testifying against her. So whatever ill will they may hold towards Iris for her clientele, at some level they must be grateful to her for uncovering this fraud.

I think we should all want somebody incompetent removed from a job like this one.

JMO

I couldn't disagree more that "Iris discovered LS was woefully incompetent," and that she's somehow doing the world a favor here by attempting to bankrupt DA Stanley-- both personally and professionally.

History has long proven that "the People" vote in incompetent Presidents, Governors, Judges, and District Attorneys, etc., all the time, and absent a violation of the law where they are prohibited from remaining in office, their term expires as does the duties of their office.

In the case of State government leaders including the District Attorney, the subject constituents certainly have the option to organize a recall election to put an early end to the office of the incompetent, unfit public servant.

But I'm unaware of any voter attempt to recall Stanley, and we know she's not seeking re-election. [In 2022, a recall petition was initiated against the 12th Judicial District DA, Alonzo Payne, when he soon after resigned from office while under State investigation. Reportedly, Payne was disbarred effective October 26, 2022, and the Presiding Disciplinary Judge's disbarment letter is linked below for comparison. Also, Payne's successor, DA Ann Kelly, has been named responsible for prosecuting the Morphew case].

Also, there was an earlier attempt by the likes of IE championing this investigation for Stanley's disbarment, that sought Stanley suspended pending the conclusion of this hearing, but since no presiding Judge ever ruled that Stanley willfully engaged in discovery violations, or was found guilty of any of the other twelve allegations IE filed against her, the request was denied.

All I can say at this time is that I find it especially unnerving when the lawyer for the Colorado Office of Attorney Regulation Counsel can open the hearing by claiming Stanley sunk the ship (case) because she spent time engaging on a podcast, when it should be undisputed that the ship was sunk when Ramsey Lama used his discretion to strike 13 of 16 prosecution expert witnesses as sanctions, based solely on the defenses word! (See footnote 1 to Order [D-17] affirming the Court failed to consider the Prosecution's response to defense's Motion, before ruling).

And I'm especially concerned by the precedent being set when 1) a former political opponent who recently used her discretion to rule against the 11th Judicial District and let a baby killer walk, and 2) the opposing defense lawyer with a political agenda, are provided demonstrable access and influence over discipline and disbarment matters. Something smells rotten in Denmark... JMO
________________________________

Re. Order [D-17] Defendant's Renewed Motion for Discover Violation And Contempt Sanctions - footnote 1.

1718510737515.png
 
PS There has recently been an unsubstantiated sighting of Herman in Mexico.
:oops: Very interesting! Last sighting was in AZ, I think (and saw a photo).

;) Btw, Google says:
Do mountain lions live in Mexico?


Mountain Lion (Puma concolor)


The Mountain Lion has the widest distribution of any wild cat, from Canada to South America. Formerly distributed throughout North America, the Mountain Lion is now found mostly in the remote areas of the western U.S., as well as western Canada and much of Mexico.
 
this quote about the size of IEs team is the key point here and a classic theme where high powered defence teams are on the case



Judge got sold a bill of goods.

Barring all the expert witnesses because the bios were a day late is bizarre. but i think he was taken in by the wider nonsense in IEs motions. reading those is important because you will see IE alleges much more far reaching discovery failures relating to data she in fact had

i think Lama simply believed it and we know he was probably more influenced by the wider pattern in other cases than what we knew at the time.

Well, the biggest problem is, a high-power lawyer can afford to take one well-paying client, while the county has one famous case like SM and plus, tons of other cases, all DV and thefts and whatnot. Everyone demands the same. LE is underpaid and overwhelmed by cases, at the time when we are living, we are going to see these patterns time and again.
 
This is a straw man IMO.

We can be unhappy with the performance of the DA's office under LS's leadership in multiple cases, and still be shaking our heads at the dubious sanctions Lama dished out.

We now know that Judges in the district were concerned about this and started handing out punishment to get the DA to change course - it was never so much about the individual cases and more about the big picture. We just didn't know that at the time, when we were so shocked at the likely illegitimate sanctions.

As for IE, I would be fine if she won a dismissal, and complained about LS's actual discovery violations. Instead she pretended it was all a giant conspiracy against her client.

That harm's public confidence in institutions.
LS blowing cases. MOO its that simple.
 
This is a straw man IMO.

We can be unhappy with the performance of the DA's office under LS's leadership in multiple cases, and still be shaking our heads at the dubious sanctions Lama dished out.

We now know that Judges in the district were concerned about this and started handing out punishment to get the DA to change course - it was never so much about the individual cases and more about the big picture. We just didn't know that at the time, when we were so shocked at the likely illegitimate sanctions.

As for IE, I would be fine if she won a dismissal, and complained about LS's actual discovery violations. Instead she pretended it was all a giant conspiracy against her client.

That harm's public confidence in institutions.
Cause and effect.

LS was not capable of meeting guidelines even when extended.

Her case was sanctioned as a result.
 
The people of the 11th district elected a unqualified candidate. Honestly MOO the fault belongs to them. You as a citizen dont want a DA being able to accuse you and then not follow the rules of trial.
A DA blowing trial rules almost ensures an appeal to be successful.
 
I couldn't disagree more that "Iris discovered LS was woefully incompetent," and that she's somehow doing the world a favor here by attempting to bankrupt DA Stanley-- both personally and professionally.

History has long proven that "the People" vote in incompetent Presidents, Governors, Judges, and District Attorneys, etc., all the time, and absent a violation of the law where they are prohibited from remaining in office, their term expires as does the duties of their office.

In the case of State government leaders including the District Attorney, the subject constituents certainly have the option to organize a recall election to put an early end to the office of the incompetent, unfit public servant.

But I'm unaware of any voter attempt to recall Stanley, and we know she's not seeking re-election. [In 2022, a recall petition was initiated against the 12th Judicial District DA, Alonzo Payne, when he soon after resigned from office while under State investigation. Reportedly, Payne was disbarred effective October 26, 2022, and the Presiding Disciplinary Judge's disbarment letter is linked below for comparison. Also, Payne's successor, DA Ann Kelly, has been named responsible for prosecuting the Morphew case].

Also, there was an earlier attempt by the likes of IE championing this investigation for Stanley's disbarment, that sought Stanley suspended pending the conclusion of this hearing, but since no presiding Judge ever ruled that Stanley willfully engaged in discovery violations, or was found guilty of any of the other twelve allegations IE filed against her, the request was denied.

All I can say at this time is that I find it especially unnerving when the lawyer for the Colorado Office of Attorney Regulation Counsel can open the hearing by claiming Stanley sunk the ship (case) because she spent time engaging on a podcast, when it should be undisputed that the ship was sunk when Ramsey Lama used his discretion to strike 13 of 16 prosecution expert witnesses as sanctions, based solely on the defenses word! (See footnote 1 to Order [D-17] affirming the Court failed to consider the Prosecution's response to defense's Motion, before ruling).

And I'm especially concerned by the precedent being set when 1) a former political opponent who recently used her discretion to rule against the 11th Judicial District and let a baby killer walk, and 2) the opposing defense lawyer with a political agenda, are provided demonstrable access and influence over discipline and disbarment matters. Something smells rotten in Denmark... JMO
________________________________

Re. Order [D-17] Defendant's Renewed Motion for Discover Violation And Contempt Sanctions - footnote 1.

View attachment 510696
I've been watching this for a few years now.
I googled their entire history and relationship and I had my eyes wide opened in astonishment.

It was an education for me, one I didn't welcome immediately but accepted it gratefully.

Every word you said is bullseye accurate.
Thank you.
 
The people of the 11th district elected a unqualified candidate. Honestly MOO the fault belongs to them. You as a citizen dont want a DA being able to accuse you and then not follow the rules of trial.
A DA blowing trial rules almost ensures an appeal to be successful.

I say this advice applies more importantly to the election of the District Court Judges where the actions by these candidates are of more significance, and have a far greater impact on the community at large, than that of the district attorney.

For example, and to be clear, for every complaint against a district attorney-- including the prosecutors of its district office, the consequences for "not following the rules of trial," including Rule 16-Discovery, are generally not found defined in a schedule inserted the State Statutes.

The consequence or sanction for the violation rests with the elected trial court Judge, empowered with personal discretion to impose or waive a sanction, made in the interest of justice, and where the court must strike a balance by “imposing the least severe sanction that will ensure that there is full compliance with the court’s orders.”

Unfortunately, not all Judges play by the rules.

Case law exists to reinforce how a Court's discretion to impose sanctions for violations is NOT unlimited, because Judges are clearly not perfect nor are they immune from abuse of discretion.

And nowhere was this more clear than in the 11th Judicial District when Ramsey Lama grossly abused his discretion to strike 14 prosecution expert witnesses on the eve of trial, as a sanction, absent willful misconduct or neglect, or proof the defendant was was prejudiced by the discovery violation.

In other words, the court can't have it both ways: acknowledge the violation was not willful misconduct but then impose the most severe sanction reserved for conduct that is willful!

IMO, Lama's decision was such an injustice to Suzanne and the community that I think Suzanne unearthed and/or exposed herself from the ground in Moffat.

Lama knew he had no choice but to resign. MOO


_______________________

Choosing an appropriate sanction for discovery violations lies within the sound discretion of the trial court and will not be overturned absent an abuse of discretion. People v. Daley, 97 P.3d 295, 298 (Colo.
App. 2004). This deferential standard of review applies because of “the multiplicity of considerations involved and the uniqueness of each case.” Lee, 18 P.3d at 196.

That said, the trial court’s discretion in imposing a sanction for a discovery violation is not unlimited. Id. We will reverse a trial court’s imposition of discovery sanctions when they are “manifestly arbitrary, unreasonable, or unfair.”

People v. Castro, 854 P.2d 1262, 1265 (Colo. 1993) (quoting Nagy v. Dist. Ct., 762 P.2d 158, 161 (Colo. 1988)). In imposing discovery sanctions, the trial court must exercise its discretion “with due regard for the purposes of the discovery rules themselves and the manner in which those purposes can be furthered by discovery sanctions.” Lee, 18 P.3d at 196.
 
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I've been watching this for a few years now.
I googled their entire history and relationship and I had my eyes wide opened in astonishment.

It was an education for me, one I didn't welcome immediately but accepted it gratefully.

Every word you said is bullseye accurate.
Thank you.
But I'm unaware of any voter attempt to recall Stanley, and we know she's not seeking re-election. [In 2022, a recall petition was initiated against the 12th Judicial District DA, Alonzo Payne, when he soon after resigned from office while under State investigation. Reportedly, Payne was disbarred effective October 26, 2022, and the Presiding Disciplinary Judge's disbarment letter is linked below for comparison. Also, Payne's successor, DA Ann Kelly, has been named responsible for prosecuting the Morphew case].

The consequence or sanction for the violation rests with the elected trial court Judge, empowered with personal discretion to impose or waive a sanction, made in the interest of justice, and where the court must strike a balance by “imposing the least severe sanction that will ensure that there is full compliance with the court’s orders.”

Unfortunately, not all Judges play by the rules.

Specific to BM's case and the overlapping investigation in the 11th and 12 Judicial Districts, I currently have two concerns for the future prosecution of BM.

I don't think the concern need be focused on the DA's [Ann Kelly and presumably Jeff Lindsey] but on the elected Judges for each of these two districts who are empowered with personal discretion over the sanctions for violations.

IMO, the best thing that could happen to the 11th is for Kaitlin Turner to resign and go coach women's volleyball at Black Hills State University. Turner is a cancer, her tweets during BM's prelim were vulgar, and I fear Jeff Lindsey is being set up for failure even before he's elected and takes the oath for office!

Turner is in tight with IE, and she's currently feeding IE's "PEP" legislative effort to take down prosecutors will her precedent setting cases sanctioned including letting the baby killer couple walk, and reducing the charges of a confessed, first degree killer only weeks after his arrest date. And you know they already started celebrating the fresh kill of Stanley.

I knew long ago that the tally for sanctioned cases attributed to the 11th/Stanley were wrong and included cases that predated her term but when it's open season on LS, nobody will question it. Besides 40 sounds better on KRDO than 18. But just today I realized how Turner is insulating her case sanction decisions from the Appellate: these cases of Turner's gross abuse of discretion resulting in "severe sanctions," typically reserved for willful conduct, are being cited as "Sanctions for Deterrence Purposes." I'm sick over this... and don't doubt Jeff Linsey is being set up to crash for the benefit of "PEP" before he's even elected and/or sworn in.

I'm sure Turner will start a revised tally of sanctions attributed to 11/Lindsey but seriously, it's the equivalent of starting your freshman year behind your graduating bully brother where your will be punished by inheriting his GPA on your first day of school! It's such an IE move that I wonder which of them thought of the unchartered waters... "sanctioned for deterrence purposes." Might as well be handing out scarlet letters.

As for the 12th/Kelly, I learned she too is carry a cross similar to being tagged for deterrence. Her predecessor, Alonzo Payne was being recalled as DA when he resigned. While he didn't have an opposing defense attorney filing complaints against him with OARC, he had bigger problems of prosecutorial misconduct, and it was the Attorney General's Office (Phil Weiser, also tight with IE) that initiated an investigation against him that ultimately got him disbarred.

IMO, it's AG Weiser, IE's buddy, that put a chain on Kelly. Payne signed an agreement with the AG's office agreeing to be monitored, but resigned 3 days later. When Kelly arrived to take over in 2022, the AG imposed the same agreement on Kelly. Although she's been in her role for about 19 months and is running for the DA job again, out of her budget, the AG is having her pay for somebody to look over her shoulder, but Weiser he told her to think of them like a coach, a mentor.

What? Full access to cases which would include BM, by somebody Weiser plants inside her office? Hell no! Last I recall, Kelly proposed the Colorado District Attorney Council (CDAC) serve as the monitor who offered at no cost and Weiser rejected them citing a conflict of interest.

I'll say it first, I'd rather wait another year for BM to be recharged than have some politico tight with Weiser snooping around the 12th Judicial District DA's office. MOO

The agreement contains many requirements. Most notably, a monitor appointed by the AG will spend a minimum of six months overseeing the DA’s office with “full access to cases and personnel.” The monitor will be paid for by the DA’s office.

Kelly argues the agreement does not set any limit on how many cases the monitor will review or limit on how much the DA’s office will be required to spend.


 
One point well made by @Seattle1 is the sanctions in these cases are out of proportion to the conduct alleged due to a wider pattern of behaviour according to the Judges. RSBM

But just today I realized how Turner is insulating her case sanction decisions from the Appellate: these cases of Turner's gross abuse of discretion resulting in "severe sanctions," typically reserved for willful conduct, are being cited as "Sanctions for Deterrence Purposes."

IE weaponised this in her media statements and civil suits to pretend Grusing and team lied about the evidence to cruelly trick BM into unconstitutional admissions, and then it all fell apart at trial time so they didn't discover the evidence.

Yes LS shouldn't have had rings run round her in this way, but if you read Judge Lama, this conspiracy does not exist. As @Seattle1 noted several times, there was no wilful violation. They just handed their homework in late. Then the judge scuttled the case in a manner which was way out of proportion. But we now know the Judges were determined to send a message to the DA.
 
Specific to BM's case and the overlapping investigation in the 11th and 12 Judicial Districts, I currently have two concerns for the future prosecution of BM.

I don't think the concern need be focused on the DA's [Ann Kelly and presumably Jeff Lindsey] but on the elected Judges for each of these two districts who are empowered with personal discretion over the sanctions for violations.

IMO, the best thing that could happen to the 11th is for Kaitlin Turner to resign and go coach women's volleyball at Black Hills State University. Turner is a cancer, her tweets during BM's prelim were vulgar, and I fear Jeff Lindsey is being set up for failure even before he's elected and takes the oath for office!

Turner is in tight with IE, and she's currently feeding IE's "PEP" legislative effort to take down prosecutors will her precedent setting cases sanctioned including letting the baby killer couple walk, and reducing the charges of a confessed, first degree killer only weeks after his arrest date. And you know they already started celebrating the fresh kill of Stanley.

I knew long ago that the tally for sanctioned cases attributed to the 11th/Stanley were wrong and included cases that predated her term but when it's open season on LS, nobody will question it. Besides 40 sounds better on KRDO than 18. But just today I realized how Turner is insulating her case sanction decisions from the Appellate: these cases of Turner's gross abuse of discretion resulting in "severe sanctions," typically reserved for willful conduct, are being cited as "Sanctions for Deterrence Purposes." I'm sick over this... and don't doubt Jeff Linsey is being set up to crash for the benefit of "PEP" before he's even elected and/or sworn in.

I'm sure Turner will start a revised tally of sanctions attributed to 11/Lindsey but seriously, it's the equivalent of starting your freshman year behind your graduating bully brother where your will be punished by inheriting his GPA on your first day of school! It's such an IE move that I wonder which of them thought of the unchartered waters... "sanctioned for deterrence purposes." Might as well be handing out scarlet letters.

As for the 12th/Kelly, I learned she too is carry a cross similar to being tagged for deterrence. Her predecessor, Alonzo Payne was being recalled as DA when he resigned. While he didn't have an opposing defense attorney filing complaints against him with OARC, he had bigger problems of prosecutorial misconduct, and it was the Attorney General's Office (Phil Weiser, also tight with IE) that initiated an investigation against him that ultimately got him disbarred.

IMO, it's AG Weiser, IE's buddy, that put a chain on Kelly. Payne signed an agreement with the AG's office agreeing to be monitored, but resigned 3 days later. When Kelly arrived to take over in 2022, the AG imposed the same agreement on Kelly. Although she's been in her role for about 19 months and is running for the DA job again, out of her budget, the AG is having her pay for somebody to look over her shoulder, but Weiser he told her to think of them like a coach, a mentor.

What? Full access to cases which would include BM, by somebody Weiser plants inside her office? Hell no! Last I recall, Kelly proposed the Colorado District Attorney Council (CDAC) serve as the monitor who offered at no cost and Weiser rejected them citing a conflict of interest.

I'll say it first, I'd rather wait another year for BM to be recharged than have some politico tight with Weiser snooping around the 12th Judicial District DA's office. MOO

The agreement contains many requirements. Most notably, a monitor appointed by the AG will spend a minimum of six months overseeing the DA’s office with “full access to cases and personnel.” The monitor will be paid for by the DA’s office.

Kelly argues the agreement does not set any limit on how many cases the monitor will review or limit on how much the DA’s office will be required to spend.


I'll settle in with you for the wait.
It's not good.
 
Ugh. Its sickenening and very disheartening reading all these posts.
Its 2024 ffs. This is medieval.
Worst and most disturbing of all - this is no longer about Suzanne, and many more like her. No longer about the victim and their right to justice. How the heck does that get lost in the justice system? How is a victim placed on the back-burner?
Don't understand it, really don't like it. And no - Barry is NOT a victim so please don't throw that at me.


Moo
 
Specific to BM's case and the overlapping investigation in the 11th and 12 Judicial Districts, I currently have two concerns for the future prosecution of BM.

I don't think the concern need be focused on the DA's [Ann Kelly and presumably Jeff Lindsey] but on the elected Judges for each of these two districts who are empowered with personal discretion over the sanctions for violations.

IMO, the best thing that could happen to the 11th is for Kaitlin Turner to resign and go coach women's volleyball at Black Hills State University. Turner is a cancer, her tweets during BM's prelim were vulgar, and I fear Jeff Lindsey is being set up for failure even before he's elected and takes the oath for office!

Turner is in tight with IE, and she's currently feeding IE's "PEP" legislative effort to take down prosecutors will her precedent setting cases sanctioned including letting the baby killer couple walk, and reducing the charges of a confessed, first degree killer only weeks after his arrest date. And you know they already started celebrating the fresh kill of Stanley.

I knew long ago that the tally for sanctioned cases attributed to the 11th/Stanley were wrong and included cases that predated her term but when it's open season on LS, nobody will question it. Besides 40 sounds better on KRDO than 18. But just today I realized how Turner is insulating her case sanction decisions from the Appellate: these cases of Turner's gross abuse of discretion resulting in "severe sanctions," typically reserved for willful conduct, are being cited as "Sanctions for Deterrence Purposes." I'm sick over this... and don't doubt Jeff Linsey is being set up to crash for the benefit of "PEP" before he's even elected and/or sworn in.

I'm sure Turner will start a revised tally of sanctions attributed to 11/Lindsey but seriously, it's the equivalent of starting your freshman year behind your graduating bully brother where your will be punished by inheriting his GPA on your first day of school! It's such an IE move that I wonder which of them thought of the unchartered waters... "sanctioned for deterrence purposes." Might as well be handing out scarlet letters.

As for the 12th/Kelly, I learned she too is carry a cross similar to being tagged for deterrence. Her predecessor, Alonzo Payne was being recalled as DA when he resigned. While he didn't have an opposing defense attorney filing complaints against him with OARC, he had bigger problems of prosecutorial misconduct, and it was the Attorney General's Office (Phil Weiser, also tight with IE) that initiated an investigation against him that ultimately got him disbarred.

IMO, it's AG Weiser, IE's buddy, that put a chain on Kelly. Payne signed an agreement with the AG's office agreeing to be monitored, but resigned 3 days later. When Kelly arrived to take over in 2022, the AG imposed the same agreement on Kelly. Although she's been in her role for about 19 months and is running for the DA job again, out of her budget, the AG is having her pay for somebody to look over her shoulder, but Weiser he told her to think of them like a coach, a mentor.

What? Full access to cases which would include BM, by somebody Weiser plants inside her office? Hell no! Last I recall, Kelly proposed the Colorado District Attorney Council (CDAC) serve as the monitor who offered at no cost and Weiser rejected them citing a conflict of interest.

I'll say it first, I'd rather wait another year for BM to be recharged than have some politico tight with Weiser snooping around the 12th Judicial District DA's office. MOO

The agreement contains many requirements. Most notably, a monitor appointed by the AG will spend a minimum of six months overseeing the DA’s office with “full access to cases and personnel.” The monitor will be paid for by the DA’s office.

Kelly argues the agreement does not set any limit on how many cases the monitor will review or limit on how much the DA’s office will be required to spend.


My goodness what an eye opener! I’m ready to wait as long as it takes to see if CO can clean the 11th and 12th districts of their judges and bad influences. I always wondered how much BM knew of this when deciding to kill Suzanne. Remember the citizen of Salida who said “These mountains have secrets”? Something to that effect? And I’m sure there is corruption is in any small town USA.

I remember a great Colorado DA who made sure Patrick Frazee didn’t get away with his murder. I’m waiting.
 
This is a straw man IMO.

We can be unhappy with the performance of the DA's office under LS's leadership in multiple cases, and still be shaking our heads at the dubious sanctions Lama dished out.

We now know that Judges in the district were concerned about this and started handing out punishment to get the DA to change course - it was never so much about the individual cases and more about the big picture. We just didn't know that at the time, when we were so shocked at the likely illegitimate sanctions.

As for IE, I would be fine if she won a dismissal, and complained about LS's actual discovery violations. Instead she pretended it was all a giant conspiracy against her client.

That harm's public confidence in institutions.
I have been following this and other local Colorado cases for several years now, but this is my first post on any social media.

I appreciate your succinct and accurate recitations of the evidence, your incisive opinions, and your balanced perspective. I will do my best to follow your example.

I disagreed with nearly all Judge Lama's rulings when they were made, and especially with the sanctions he imposed. Like Dan May, I wondered why the DA did not appeal them. I wonder even more when I hear Hurlburt's testimony that Lama's rulings were the worst he'd ever experienced. Lama's rulings were the final word on the case, but only because the DA accepted them and dismissed the charge voluntarily. To me, that lets Lama off the hook in this case even though I believe he was wrong.

Extraordinary sanctions against Stanley's 11th Circuit DA's office have now been upheld on appeal, and the so I am not inclined as others are to see this as a judge problem. Dismissal of cases is an extreme remedy but it seems both the judicial system and the attorney regulators are seeing a real problem with this DA's administration of justice. This issue - much more than anything Eytan has done - tends to undermine public confidence in institutions.

Although my eyes roll at Eyetan's over the top amateur theatrics and her client's clumsy approach to public relations, they only undermine public confidence in themselves IMO. Their legal claims of a great conspiracy to violate Morphew's rights are already falling apart, and I expect the defense of immunity will dispose of the remaining claims. If so, Eytan's public credibility will decline further as BM is forced to pay LE's attorney fees, with attendant publicity. If any of Morphew's civil case proceeds to the discovery stage, I expect DA Kelly will hold off filing charges until Morphew is deposed under oath (what a prosecutor's dream!).

With the discovery of substantial new evidence in the form of Suzanne's remains, there should be no legal obstacle to re-filing the charges. I expect that AG Weiser's special prosecutions unit will be providing substantial assistance, and that both the AG and the DA will make sure that the mistakes of the past are not repeated.

I would not want to be in Morphew's shoes. He will not be able to overwhelm the prosecutor this time.
 

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