Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #115

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eyeseestars said:
wholeheartedly agree- I think there was a shared laptop (the HP?) that was logged in to SM’s iCloud account. With this, BM could have sent texts and even made phone calls that looked like they were made by SM. If this plan had worked, BM would have been free to fully establish his alibi…by confusing the timeline of when she disappears. I think it’s possible that the real reason he took off home like a bat out of hell was because he got that email that she attempted to reset her Facebook password. He knew that if she also reset her iCloud password to get into her email (which I think she did) she completely thwarts his ability to impersonate her after death since he couldn’t get into her phone itself (which I feel 100% confident she had locked with an anti Barry passcode).

I need to go back and review the record, but iirc, there were two strange phone calls both out and in to SM’s phone late Friday night when she was likely asleep. At some point that night, BM is prowling outside (on the laptop perhaps). We know the phone calls weren’t to JL as they had gone incognito on WA back in November. My thought is that these calls might have been BM testing the computer impersonation. Perhaps calling to and from a burner phone to see what it showed as? Does it show as being from Suzanne or from the computer? Using this theory, we can also wonder about the mystic pizza photo (when SM was supposedly at home on WA with JL) and the “hiking” texts the next morning. And also the request to get Spa supplies.

I’m going to go back and look again, but it strikes me now that BM’s first plan may have been “Suzanne went hiking without me and disappeared while I was at work” and he accidentally reversed the texts that morning. Intending it to look like SM was asking him to hike (thereby establishing her leaving the house alone on foot) he accidentally asked HER. And then she answered “where?” Oops. Oh *advertiser censored*. Maybe he flips it around and tries again later-this time correctly sending as SM. (Wasn’t the text worded exactly the same both times? I need to go back and check). He responds no and then asks “did you leave” before he’s even home (so why’d he think she left?) perhaps to stage the lie of her leaving without him. It strikes me now that the clothes she was found with, while not suitable for biking, were something I would totally wear to hike, down to the balaclava. IMO, she wasn’t buried in the cycling clothes because that idea came after she was in the ground at Moffet. Otherwise, why dump them instead of putting them on her in case she’s ever found?

MOO
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The call from Suzanne's phone - not sure. The call to - could be if she set up a dual verification. It can be texted or called.
 
To me, every day Morphew is free is a thumb in the eye of justice!

But I understand this reality. Anne Kelly is a terrific prosecutor. IDK her personal politics but she was appointed by Democratic governor in a Republican area of the state. Although she quickly earned the support of local politicians and voters, IMO she still has work to do to build support in the community for prosecution of a case like this, that promises to be difficult and expensive - possibly requiring allocation of scarce county resources to support a prosecution that has already failed once - spectacularly and in a way that painfully reminded locals of their experience under another incompetent rural DA who was elected more for partisan reasons than a cold hard look at his demonstrated experience, skill, and good judgment.

This does not mean that DA Kelly will insist on having a perfect case. But before she files or takes the case to a grand jury, she will want to know that community support is solid enough to sustain the effort - possibly beyond her current term.

She may also want to wait until the civil case has been argued before the 10th Circuit if for no other reason than to spend down Morphew's remaining resources.

I doubt that F&B took the very speculative civil case on a "pure" contingent fee agreement, expecting to be paid handsomely and exclusively out of a large judgment or settlement. Most civil rights cases - even the clearly winnable ones - have a contingent fee structured like this (subject to the plaintiff's ability to pay): a deposit of $50,000.00 to $100,000.00 against which hourly fees will be assessed at a reduced rate, and against which expenses will be charged; plus 20% to 35% of any judgement or settlement, the amounts being negotiated based on the client's ability to pay and the lawyer's estimate of the time and effort that must be put into the case among other factors.

Waiting until the appeal has been briefed and argued will assure that Morphew's deposit will be unavailable for his criminal defense, while giving DA Kelly the time she needs to shore up local support. Kind of a rope-a-dope strategy.

All MOO.
 
Tragg said:
Domenico's final judgment dismissing the case won't be the end of it, according to his attorney, Jane Fisher-Byrialsen.
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^^rsbm

Gotcha -- I missed where OP indicated they were hypothesizing. Not exactly a plausible theory for a State claim under such an extremely abbreviated timeline.

Please link JFB discussing her plans following final judgment. Thank you.
 
Seattle1 said:
^^rsbm

Gotcha -- I missed where OP indicated they were hypothesizing. Not exactly a plausible theory for a State claim under such an extremely abbreviated timeline.

Please link JFB discussing her plans following final judgment. Thank you.
Click to expand...
I drew an inference from a press statement attributed to "Morphew's attorneys". Here's the press statement in its entirety with emphasis supplied by me:

"Mr. Morphew’s legal battle is far from over. As Judge Domenico ruled, 'it appears everyone involved now agrees that Mr. Morphew should not have been arrested, at least not at that time” and agrees that the “uncertainties raised by some of this evidence would have made it very difficult for the prosecution to secure a conviction at trial beyond a reasonable doubt, and prosecutors, generally, understand they have an ethical obligation not to bring charges that they cannot prove beyond a reasonable doubt.'

The Court agreed the prosecution team did not live up to their obligations and were not candid: 'Did the investigators and prosecutors have an obligation to Plaintiff and the state courts to be more careful and candid? Yes. Did they fail to live up to that duty? By all appearances, yes.'

We maintain there was no fair probability that Barry was involved is Suzanne’s murder. The defendants maliciously prosecuted Barry Morphew, and as is stated: 'there should be serious consequences for undermining the criminal justice system'.

Barry Morphew, who should not have been arrested and was wrongly prosecuted, has no recourse to get the costs of the damage to him back from the offending prosecutors because they cannot be sued in the United States. While DA Stanley must pay back costs to the Supreme Court lawyers who fought for her disbarment, and she is being asked to pay back Fremont County for costs of her defense, the law shields her from reimbursing Barry Morphew for wrongly locking him up and prosecuting him.

We agree with the Court that Barry Morphew, 'like anyone accused of a crime, deserves better than what happened here. The People of the State of Colorado, on whose behalf and in whose name the charges against Plaintiff were brought, deserved better. And Suzanne Morphew certainly deserved better. Perhaps Barry Morphew is right that immunity doctrines ought to be revisited and it should be easier to sue those who mishandle prosecutions like this for damages in federal court.

As has been the pursuit of Protect Ethical Prosecutors, it is time to change the law and lift the shield to allow prosecutors to be sued like every other professional in the US. But, in the meantime Mr. Morphew has every intention to continue this legal battle."
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The only way to "continue this legal battle" is to appeal Judge Domenico's decision IMO, so I infer that's what Morphew intends to do.

My hypothetical argument for Morphew's extended appeal rights is contained in post #275 on this thread.
 
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www.9news.com

Motion denied to delay disbarment for District Attorney Linda Stanley, prosecutor in Barry Morphew case

Linda Stanley, the Republican district attorney for the district including Chaffee County, will lose her law license on Nov. 1 pending appeal.
www.9news.com www.9news.com

DENVER — Colorado's presiding disciplinary judge on Friday denied a Colorado district attorney's motion to stay her disbarment pending her appeal in the case.
Linda Stanley, who was the prosecutor in the Barry Morphew case, had asked for the court to stay her disbarment until Jan. 14, when her term ends as the district attorney for the 11th Judicial District. Because the judge denied the motion, she will lose her law license as of Nov. 1, according to court records.

Stanley still has the opportunity to appeal the decision by the judge to deny the motion to the Colorado Supreme Court, though it is not clear whether she will do that.

Stanley had previously asked the judge to delay her disbarment, in part so she could continue working to pay money to pay the legal fees and fines that come with her disbarment.

Governor Jared Polis' office now says that
the 11th Judicial District Court will fill her position until a new district attorney is elected in November. Jeff Lindsey, the only candidate running to replace Stanley, will take office in January.
 
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