CO CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*

[LaineyJ]

Gonna be honest that was a hearing I’m surprised I sat through. Of course glad I held on and heard about the AA but with no timeline ? on it’s release (or hearing about it, if it happens) is throwing me off. Is that going to be taken up later, like in august? Or we just don’t know yet?

 

[Error505]

@Sillybilly Is Crime Talk w/attorney Scott Reisch an approved source?
Scott provided explanation of the hearing as the Judge went through each item. There is no broadcast of the court proceeding.
Barry Morphew Court Hearing LIVE With Commentary. (NO BROADCAST)

via @YouTube

 

[Hoss569]

They are good, IMO. I was less then impressed with the lead prosecutor. He seemed a bit overwhelmed and not as "bulldoggish" as I hoped.

Is it just me?

Not sure "bulldogish" would be as needed for this event. His experience and knowledge of the law is probably fairly overwhelming and much needed. I believe he was the Chief Deputy DA for El Paso County for 16 years then deputy DA for four years prior to that for the 10th district with a stint of several years doing the same for the 11th district. I think his calm demeanor may be appreciated. At least that's my opinion.

 

[Power of Two]

For what it is worth, imo, ... the Judge had the voice of reason and sounded like the boy next door. He appeared thoughtful, fair, and reasonable. The lead prosecutor sounded rather timid. The defense was throwing spaghetti to see what sticks.

 

[Sillybilly]

@Sillybilly Is Crime Talk w/attorney Scott Reisch is an approved source?
Scott provided explanation of the hearing as the Judge went through each item. There is no broadcast of the court proceeding.

Yes, Scott Reish is approved. Thanks for checking.

 

[Chelly]

The wording there seems odd. Why would there be over 10k police reports?

It does sound like an exaggeration, doesn't it?

 

[Ssschu]

Gonna be honest that was a hearing I’m surprised I sat through. Of course glad I held on and heard about the AA but with no timeline ? on it’s release (or hearing about it, if it happens) is throwing me off. Is that going to be taken up later, like in august? Or we just don’t know yet?

The judge said both sides had to give him their arguments regarding the AA by end of business today. So I am hoping he will address it sooner rather than later. Maybe next week??

 

[NuttMegg]

Actually, I think the issue surrounds two physical pieces or memorabilia: a stepping stone plaque presumably set by the daughters and the garden girl bequeathed to SM from her own mother. I believe MM was under the impression that the garden girl statue was just set at the alleged crash and preferred to have it returned to her until learning that there was also a plaque with it, most likely by the daughters, and changed her mind that they should not be disturbed. MOO

I get the point you are making, but the sister did not correct CM on getting people in Salida to to get the statue, IIRC it was CM's wife who said it might not be a good idea. The sister appeared to not object to CM in saying to go get it. So anyway, I understand how she might want it, but sheesh, what a way to stab the heart of the girls, that may be the only thing they are holding onto, like MsBetsy said, maybe the only "grave" they would have.

ETA IIRC CM actually asked the sister if she wanted the statue. And she said yes, and then he told thousands of people to go get it.

 

[Seattle1]

They are good, IMO. I was less then impressed with the lead prosecutor. He seemed a bit overwhelmed and not as "bulldoggish" as I hoped.

Is it just me?

I disagree. I think many of the demands by the defense were overkill and not even the responsibility of the DA's office. I also believe that today was deemed as the legal clock starter and not May 5 which was the Advisement hearing where BM had not yet been charged.

The Judge agreed with the Prosecutor that today is BM's first hearing since charged, and the countdown clock begins today for the 21 days to produce discovery for the defense yet BM's defense wants to pick up the hard drive from their office on Wednesday, June 2. Not to mention we're talking an estimated 10,000 pages alone just for LE reports!

 

[Ontario Mom]

Not to split hairs but he said 10,000 pages. Or that is what I heard.

Well that makes way more sense.

 

[Lilypad13]

The hearing was a bit of a let down for me. I think my expectations were for things that happen later. And I am reading posts saying they were impressed with Barry’s attorneys but I had the opposite opinion so far anyway. Again, maybe my expectations are not realistic. This isn’t a made for tv true crime drama so I understand it’s a lot more tedious and boring in real life. I was, however, impressed with Judge Murphy! I loved it when Barry’s attorneys offered to provide a tape recorder if they didn’t have the means to get one. The Judge said this may be the sticks but I think we can afford a tape recorder - or something like that! Barry looked depressed and checked out. IMO

Oh and NOT releasing the AA!!!

 

[Wendyb1063]

Some quick thoughts (IMHO) after watching the hearing. Please let me know if I got anything wrong here, as I am not a legal expert and my hearing is not great.

• More than 1000 people were watching via WebEx.
• The defense attorneys tried, unsuccessfully, to make things more difficult for the prosecution by making numerous requests which seemed a bit unreasonable, including (1) requiring the prosecution to provide ALL of LE's and other witnesses texts and emails to the defense (I think), (2) to actively seek out any potentially exculpatory information or other information that might cast BM in a positive light, (3) to provide all of the discovery documents by tomorrow, etc. etc. The defense seemed to get shot down every time by the judge, though.
• When the defense asked that the prosecution turn over the discovery documents ASAP, they attempted to justify it by saying BM was "sitting in a cage", hence the need for speed.
• The judge seemed very reasonable, logical, competent to me, and had a sense of humor too ("we might be out here in the sticks, but...")
• There is apparently ~10,000 pages of discovery material, and "boatloads" of information. The prosecution plans to release this information Wednesday (which is actually much faster than legally required, but not as fast as the defense wanted it).
• The next hearings will be Aug. 9 and 10 and Aug. 23 and 24.
• The judge will be reviewing the pleadings from the prosecution and from the media to release the AA. Based on the pleadings, he will then decide if the AA should release the AA or if a hearing is needed prior to releasing the AA. If a hearing is needed, it sounds like it might take some time before any movement would occur in terms of the release of the AA because public notice of the hearing would be required.
• (As an aside, I was a little surprised by the casual nature of some of the comments that were made in the chat window of the WebEx... it's not entertainment, it's a pretty serious event).

All MOO here, and welcome corrections.

 

[Murphy1950]

I get the point you are making, but the sister did not correct CM on getting people in Salida to to get the statue, IIRC it was CM's wife who said it might not be a good idea. The sister appeared to not object to CM in saying to go get it. So anyway, I understand how she might want it, but sheesh, what a way to stab the heart of the girls, that may be the only thing they are holding onto, like MsBetsy said, maybe the only "grave" they would have.

Couldn't disagree more. I would be clinging to it tightly if I were a daughter, as it is... it's location represents NOTHING but possible fraud. Sooner or later it will end up in a strangers possession.

 

[jakat]

I live under the flight path of an airport. I swear whenever something needs my full attention and hearing ability, they start rerouting the loudest planes available directly over my house. Ugh and grrrrr

I do, too. I live very close to a military base and the flight path is directly over my house. You can't hear the C-17's until they are directly overhead, but the fighter jets are worse. They're so loud the house shakes and the sound will break your ear drums. They're up there every single day, makes me wonder what's going on.

 

[Cassady]

Agreed, they are nitpickers!
JMO

If you want to win a jury trial, you better do some nitpicking at some point...IMO

 

[Error505]

My opinion on the demeanor of prosecution and defense. Defense came in “guns blazing” making somewhat ridiculous requests regarding copies of every text btw police, investigators, FBI, CBI, CCSO. There are standard rules for prosecution to provide discovery. Defense attys acted as expected, aggressive. No reason for Prosecution to go guns blazing, they’re after BM, not defense atty. Prosecution politely disagreed when requests were unreasonable. Sometimes judge agreed. Must keep in mind future appeal issues.
One funny was the request by Defense for “recordings” of all witnesses when they would be interviewed or had meetings with investigators. Prosecution explained most are recorded on body cams. Defense said they would provide an extra camera for recording in case there was an equipment issue. Judge said, “I know we’re in the sticks, but they have the means and have purchased recording equipment.” (Close to that effect)

I’m very impressed with the judge, he’ll not let city-slicker attorneys run his court, Prosecution was fine. MOO

 

[Whiteorchids]

How and when would we know what the judge decides on unsealing the AA? Will it just pop up on the court website?

 

[Seattle1]

I get the point you are making, but the sister did not correct CM on getting people in Salida to to get the statue, IIRC it was CM's wife who said it might not be a good idea. The sister appeared to not object to CM in saying to go get it. So anyway, I understand how she might want it, but sheesh, what a way to stab the heart of the girls, that may be the only thing they are holding onto, like MsBetsy said, maybe the only "grave" they would have.

IMO, I thought CM corrected himself about recovering the statute and asked others to stand down from his initial request. At that point, it wasn't necessary for MM to ask him to leave the statute alone. That was my personal impression from the conversation. I also agree it's the right thing to do if the daughters were responsible for the memorial.

 

[in search of]

I'm impressed with the judge and defense attorneys...there will be no ineffective counsel appeal, IMO. I wasn't disappointed in the prosecution either. I like that the prosecution is giving real reasons as to why the defense's demands aren't feasible and being measured and picking which battles to fight.

 

[NuttMegg]

Couldn't disagree more. I would be clinging to it tightly if I were a daughters, as it is... it's location represents NOTHING but possible fraud. Sooner or later it will end up in a strangers possession.

Well I bet it already has, given that 18,528 people have heard the ex-cop tell them to go steal it. I didn't say that I think it was the best idea to do the memorial there, but that it is not up to any youtuber to tell the whole world to go steal a statue that obviously means something to both families, but IMO, is actually a possession of the girls, not the sister's. Anyway, when I saw yet another youtuber (earlier) expose the site with a bunch of conjectures on how the rocks were leaning, etc, some people already knew it was there, and I assumed it would be stolen. Now, everyone who listens to CM's program got the idea.