CO CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

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Love Never Fails

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They missed several court deadlines…deadlines both sides agreed to. The missed deadlines was an ongoing problem the judge set aside several times when defense pressed for sanctions. In my opinion prosecution misconduct can’t be minimized in hindsight.
You may be right but it happens all the time all over this country and the judge there in CO was unbelievably harsh.
 

HongKongPhooey

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They missed several court deadlines…deadlines both sides agreed to. The missed deadlines was an ongoing problem the judge set aside several times when defense pressed for sanctions. In my opinion prosecution misconduct can’t be minimized in hindsight.
I don’t dispute that there maybe needed to be consequences for deadlines being missed but what, and I know I’ve said this before, I just cannot get my head round is why that should impact on justice for Suzanne. Or, if Barry’s supporters may prefer, justice for the truth.

For instance, as nyvictoria says, barring the experts. How can that ever be considered fair to the truth?

If defence missed deadlines, would the judge have said ok now here’s your punishment - you can’t refer to …. (ok, struggling to find anything in evidence that exonerates Barry at this point!) But you get my point.
 

Knox

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It's almost mid-August.

Based on what LS said back in April (snow melt), I expected to hear something by now. I believed LE had some evidence, substantial in nature, which indicated they really knew something concrete and would find Suzanne.

That was a very bold statement to make publicly. Was it untrue?
 

GOBliaison

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Another strand of justice, is equity, and I think sometimes people forget this element.

"Equity"​
Yes. Equity.
Now where did I learn the maxim:
"One must do equity, to get equity."
Oh, yeah...third year USD Law - the elective - "Remedies"...

Now, I seem to be drawing a blank on 'twhirling-waterspout' Iris's tally on our Hearing Equity Meter(s) thus far...

What does come to mind, though, is her virtual maelstrom of unabated, unbridled, {shamefully} unchallenged, time-consuming, out-of-the-blue, fiction-spoutings at every turn.

But...I suppose Remedies, as at my own, may have been an elective at her alma, and the option to take Courtroom Embellishment III seemed more of a coast :D .

Pure guesswork here. I think I made a 'gentleman's 'B' in any case ;) .
 

Megnut

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It's almost mid-August.

Based on what LS said back in April (snow melt), I expected to hear something by now. I believed LE had some evidence, substantial in nature, which indicated they really knew something concrete and would find Suzanne.

That was a very bold statement to make publicly. Was it untrue?
I remain hopeful that they did search an area and did recover something, which is in a lab awaiting testing.

Suzanne deserves to be found.

Sadly so many cases involve relocated remains.

Wherever hers are, may they be revealed.

JMO
 

MountainDad

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It's almost mid-August.

Based on what LS said back in April (snow melt), I expected to hear something by now. I believed LE had some evidence, substantial in nature, which indicated they really knew something concrete and would find Suzanne.

That was a very bold statement to make publicly. Was it untrue?
I believe the best path forward would be
1. If they found Suzanne's remains. Wait for forensics and any evidence to be discovered and act accordingly.
2. If not- they should refile the case with a competent prosecution team and stripped down AA by the end of August.
 

Momofthreeboys

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It's almost mid-August.

Based on what LS said back in April (snow melt), I expected to hear something by now. I believed LE had some evidence, substantial in nature, which indicated they really knew something concrete and would find Suzanne.

That was a very bold statement to make publicly. Was it untrue?
I have always thought it was untrue.
 

Love Never Fails

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It's almost mid-August.

Based on what LS said back in April (snow melt), I expected to hear something by now. I believed LE had some evidence, substantial in nature, which indicated they really knew something concrete and would find Suzanne.

That was a very bold statement to make publicly. Was it untrue?
I don’t think it was untrue. But very possible they were mistaken or given a bad tip. CO is vast and there are many places to hide a body. And remember Barry’s own words about hiding a body and it never being found. He is a hunter. He knew what to do. I will always be one who believes he planned this months before. There’s enough evidence, when presented to place him in a cell for life.
 

Love Never Fails

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"Equity"​
Yes. Equity.
Now where did I learn the maxim:
"One must do equity, to get equity."
Oh, yeah...third year USD Law - the elective - "Remedies"...

Now, I seem to be drawing a blank on 'twhirling-waterspout' Iris's tally on our Hearing Equity Meter(s) thus far...

What does come to mind, though, is her virtual maelstrom of unabated, unbridled, {shamefully} unchallenged, time-consuming, out-of-the-blue, fiction-spoutings at every turn.

But...I suppose Remedies, as at my own, may have been an elective at her alma, and the option to take Courtroom Embellishment III seemed more of a coast :D .

Pure guesswork here. I think I made a 'gentleman's 'B' in any case ;) .
Great post.
 

fcavanaugh

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IMO the prosecution didn’t lie/make an untrue statement. They didn’t say they KNEW the exact location of SM’s remains and once the snow melted she’d definitely and expeditiously be recovered. They said they BELIEVED they were close to finding her remains. Big difference. Also that they were focused on an AREA in a remote mountainous region near the residence:

As an offer of proof, the People and law enforcement believe we are close to discovering the victim’s body. The People were hopeful that the search for, and the discovery of, the victim’s body would be concluded well before trial, but weather has complicated the efforts. Specifically, the area law enforcement has been focused on is in a remote and mountainous region nearby the Morphew residence.”

Considering the snow has likely all melted by now, they are still having to search a vast remote area in the CO mountains! The snow probably melted off sometime in just the past couple of months so it’s still going to take time because again, they do not know the exact location of her remains within the vast mountainous region/area they’re focused on searching. Goes without saying but finding remains is not easy and especially not in vast remote mountains, focused area or not. It’s a daunting task to say the least. There’s also a possibility this area of focus was based off a bad tip, so there’s that.

Believe me, I’m as disappointed as anyone about the prosecution’s missteps during pre-trial proceedings and the imo harsh sanctions Judge L handed down effectively gutting the prosecution’s case and further delaying justice for Suzanne, but thankful that the case was dismissed without prejudice so the *** murderer can be re-arrested/re-charged at a future date.
Having said that, my continued hope is that the prosecution is also taking this time to better organize their case and if more evidence is found and/or SM’s remains located, that will only make their case stronger towards putting the proverbial final nail in BM’s coffin aka secure a conviction at a potential future trial with a more organized, prepared, capable prosecutorial team leading the way.

Although I hope SM’s remains are eventually located so her family can lay her to rest properly, I don’t think it’s necessary to secure a conviction at a future trial with a more prepared, confident, capable prosecution team. I also still think it’s possible someone has after-the-fact guilty knowledge which brings to mind the old adage ‘loose lips sink ships’, so if someone(s) knows something, maybe they will eventually turn on ole BM. Lots of possibilities that can happen during this ‘in-between’ time- more evidence found/revealed, SM remains located, someone with perhaps guilty knowledge turning on BM etc, etc, etc. And I hope all of the aforementioned is keeping BM up at night and continuing to look over his shoulder every day wondering when they’ll be coming for him. And I do believe they will be coming for him again someday, hopefully sooner than later.



IMHOO

#FindSuzanne
#BringSuzanneHome
#JUSTICEFORSUZANNE

ETA-clarity
 
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Love Never Fails

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You mean like how they lied when they agreed to deadlines and then did not comply with them?
Oh Gator, come on. It’s not apples and oranges. If I agree to a timeline and don’t meet it, it’s not because I lied. Something came up that caused an issue. We don’t really know for sure about the prosecution. What we know is that it is a bad look. It would be a bad look for me if I did that but I could have a very good reason.
 

Love Never Fails

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IMO the prosecution didn’t lie/make an untrue statement. They didn’t say they KNEW the exact location of SM’s remains and once the snow melted she’d definitely and expeditiously be recovered. They said they BELIEVED they were close to finding her remains. Big difference. Also that they were focused on an AREA in a remote mountainous region near the residence:

As an offer of proof, the People and law enforcement believe we are close to discovering the victim’s body. The People were hopeful that the search for, and the discovery of, the victim’s body would be concluded well before trial, but weather has complicated the efforts. Specifically, the area law enforcement has been focused on is in a remote and mountainous region nearby the Morphew residence.”

Considering the snow has likely all melted by now, they are still having to search a vast remote area in the CO mountains! The snow probably melted off sometime in just the past couple of months so it’s still going to take time because again, they do not know the exact location of her remains within the vast mountainous region/area they’re focused on searching. Goes without saying but finding remains is not easy and especially not in vast remote mountains, focused area or not. It’s a daunting task to say the least. There’s also a possibility this area of focus was based off a bad tip, so there’s that.

Believe me, I’m as disappointed as anyone about the prosecution’s missteps during pre-trial proceedings and the imo harsh sanctions Judge L handed down effectively gutting the prosecution’s case and further delaying justice for Suzanne, but thankful that the case was dismissed without prejudice so the *** murderer can be re-arrested/re-charged at a future date.
Having said that, my continued hope is that the prosecution is also taking this time to better organize their case and if more evidence is found and/or SM’s remains located, that will only make their case stronger towards putting the proverbial final nail in BM’s coffin aka secure a conviction at a potential future trial with a more organized, prepared, capable prosecutorial team leading the way.

Although I hope SM’s remains are eventually located so her family can lay her to rest properly, I don’t think it’s necessary to secure a conviction at a future trial with a more prepared, confident, capable prosecution team. I also still think it’s possible someone has after-the-fact guilty knowledge which brings to mind the old adage ‘loose lips sink ships’, so if someone(s) knows something, maybe they will eventually turn on ole BM. Lots of possibilities that can happen during this ‘in-between’ time- more evidence found/revealed, SM remains located, someone with perhaps guilty knowledge turning on BM etc, etc, etc. And I hope all of the aforementioned is keeping BM up at night and continuing to look over his shoulder every day wondering when they’ll be coming for him. And I do believe they will be coming for him again someday, hopefully sooner than later.



IMHOO

#FindSuzanne
#BringSuzanneHome
#JUSTICEFORSUZANNE

ETA-clarity
Exactly.
 

GatorFL

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Oh Gator, come on. It’s not apples and oranges. If I agree to a timeline and don’t meet it, it’s not because I lied. Something came up that caused an issue. We don’t really know for sure about the prosecution. What we know is that it is a bad look. It would be a bad look for me if I did that but I could have a very good reason.
Maybe the first one, yeah. But after 2 extensions?
 

CGray123

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Certainly true. Thanks for the response.

I was curious if anyone had stopped to reconsider their suspicions or whether they had, perhaps, jumped to a conclusion too early. One would think that if the evidence existed and was so clear that BLM would be tried and convicted already. No evidence that such reconsideration happened in this forum, though. Its easy for a person to say BLM is guilty when she can make the judgment based on anything. Or nothing.
BBM. Have you read the arrest affidavit? Did you read the reasons the DA offered for dismissing the case without prejudice. If you have, I don't see how you can make the bolded statements.

Those of us who have spent time reading, re-reading, and analyzing the arrest affidavit know that evidence to prove beyond a reasonable doubt that BM killed his wife after deliberation exists. The reason the case was dismissed has nothing to do with lack of evidence, as your post assumes. People who have paid close attention to the case and formed a personal belief that BM killed his wife have absolutely no reason to change their minds.

I encourage you to read the documents and reconsider your suggestion that people posting here have concluded that BM is guilty "based on anything, or nothing."
 

GOBliaison

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Perhaps because:
  • if LS/the State prevailed on appeal, on remand, Lama, J., now reversed, could not reasonably be expected to preside more equitably - [there's that dingdong concept again o_O ]- vis-a-vis the prosecution at the ensuing trial;
  • if LS/the State lost the appeal, and with (nearly) every prosecution expert witness still excluded, Lama, J., now vindicated but likely with nose-out-of-joint [and further physically discomforting delay], might not be favorably disposed to rule on any forthcoming prosecution motion to dismiss without prejudice;
  • And while LS/the State could appeal the latter curtain-dropping ruling as well, such would be a bone-rattling second trip to the appellate well..What? Me worry? ?:rolleyes:? ...
And while, to be sure, at the Severn River Boat School, {'63-'67}, we mids fixated on J.P. Jones', "He who will not risk, cannot win.", that never became second nature for me. So, yet another "gentleman's 'B' ", this time in Organizational Support ...:oops:
 

Knox

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I remain hopeful that they did search an area and did recover something, which is in a lab awaiting testing.

Suzanne deserves to be found.

Sadly so many cases involve relocated remains.

Wherever hers are, may they be revealed.

JMO
Hope that's the case. How wonderful would it be to wake to arrest headlines?! Regardless of where I am when I find out, I'll shout for joy.
 
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Nikynoo

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Oh Gator, come on. It’s not apples and oranges. If I agree to a timeline and don’t meet it, it’s not because I lied. Something came up that caused an issue. We don’t really know for sure about the prosecution. What we know is that it is a bad look. It would be a bad look for me if I did that but I could have a very good reason.
I agree it wasn't apples and oranges, it was providing resumes and reports. As I mentioned in my earlier post, the prosecution would have had these at the outset (before naming the witness/expert and intending to rely on their evidence/reports). It's not rocket science, it just incompetence of the prosecution.
 
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