CO CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

Discussion in 'Missing Persons Discussion' started by Mysti88c, May 12, 2020.

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  1. Error505

    Error505 Well-Known Member

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    Solid Gold @Cindizzi LMAO must listen [​IMG] Must listen!
    The big Boulder!

    A thousand thank you’s! I would have loved to know how tight BM’s sphincter muscle tightened up if Grusing said that to BM. OMG MOO
     
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  2. steeltowngirl

    steeltowngirl Well-Known Member

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    Oh, do I love your line “the Boulder that was about to roll down on him.”

    Look out Barry. Justice is about to drop on you too. Hard.
    8880F1F0-DBA4-404A-8063-D767AC9D7A6F.png
     
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  3. Gardenkeep

    Gardenkeep Former Member

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    Hearings are scheduled tomorrow, July 22, 2021 starting at 10:00 am on both cases for BM. What the hearings are is not specified. They are going to be virtual, but I'm not sure if that means we get to see them.
    Colorado Judicial Branch - Chaffee County - Dockets

    EBM for incorrect date.
     
    Last edited: Jul 21, 2021
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  4. SeattleStew

    SeattleStew Well-Known Member

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    My best guess is a request for bail.
     
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  5. Gardenkeep

    Gardenkeep Former Member

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    Wasn't bail denied in the last appearance? Can that be addressed again?
     
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  6. SeattleStew

    SeattleStew Well-Known Member

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    I think he was denied bail in his first appearance. But there isn't any reason AFAIK that he can't REQUEST another hearing for bail.
     
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  7. pseudo_hum

    pseudo_hum Well-Known Member

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    Agreed, and given that his hired attorney's have had time to review the AA and whatever discovery that has been turned over; they may have a strong argument? IMO
     
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  8. MassGuy

    MassGuy The Monsters Aren’t The Ones Beneath The Bed

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    Judge rejects media consortium’s request to reconsider sealing of Barry Morphew arrest affidavit | Colorado Freedom of Information Coalition

    The 130-page arrest affidavit for Barry Morphew, who is accused of murdering his wife Suzanne Morphew in 2020, will remain sealed for now.

    Chaffee County District Court Judge Patrick Murphy last week rejected a news media consortium’s request that he reconsider his June 4 order closing the record until at least early September.

    “The Media Consortium questions the legitimacy of denying public access to the entire Affidavit based upon the length and details contained within it and also questions the likelihood that this information can’t be redacted,” the judge wrote. “However, it wasn’t merely the details and length of the Affidavit that resulted in the Court’s decision to restrict public access.

    “It was also the Court’s desire that efforts at redaction be done meaningfully and with reliable input from the parties, which cannot occur until the parties have had time to familiarize themselves with the investigation.”

    Murphy in his June 4 ordercalled the affidavit “the lengthiest and most detailed” he has seen in nearly 30 years of experience with criminal cases. He wrote that “a significant portion” of information in the affidavit may not be admissible at trial and that releasing the document prior to an investigation conducted by Barry Morphew’s defense attorneys could hamper their ability to effectively prepare a defense. The judge also raised concerns about the potential for harassment of the Morphews’ two daughters.

    Media lawyer Steve Zansberg argued in a response that the affidavit’s length and details contained in the document “are not legitimate grounds to deny the public’s presumptive right to inspect it,” nor is Barry Morphew’s “investigation” of the case against him. Zansberg, who is president of the Colorado Freedom of Information Coalition, noted that Colorado Rule of Criminal Procedure 55.1 — which went into effect May 10 — “imposes a heightened burden on any party seeking to overcome the public’s strong presumptive right to access” to a court record.

    Zansberg argued there are “multiple adequate and less restrictive means” to protect the safety and well being of the Morphew children, other than closing public access to the entire arrest affidavit. If the affidavit contains extremely sensitive personal or private information unrelated to the prosecution’s need for the arrest warrant, he wrote, “Rule 55.1 provides that such information may be redacted.”

    But the alternatives suggested by Zansberg “only respond to abuse or harassment and do nothing to prevent it,” Murphy wrote in his latest order, issued July 16. “Therefore, in furtherance of protecting the Morphew daughters from abuse or harassment, the Court will allow time for meaningful efforts at redaction to be made.”

    The judge also rejected the media consortium’s contention that the court is required under Rule 55.1 to find that “no less restrictive means” exist to protect Barry Morphew’s right to fair trial. Morphew’s fair trial rights “were not identified by the Court as a substantial interest in its Order,” Murphy wrote. “Therefore, there is no requirement that the Court consider less restrictive means or balance Mr. Morphew’s fair trial rights against the presumption of public access.”

    The media consortium seeking the Morphew arrest affidavit includes The Associated Press, The Denver Post, The Gazette, KCNC-TV (CBS4), KDVR-TV (FOX31), KKTV-TV (11 News), KMGH-TV (Denver7), KOAA-TV (News5), KRDO-TV, KUSA-TV (9NEWS) and KXRM-TV (FOX21).

    Barry Morphew faces charges of first-degree murder and destroying his wife’s body in an attempt to avoid arrest. Suzanne Morphew was reported missing on May 10, 2020, and her body has not been found.
     
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  9. SeattleStew

    SeattleStew Well-Known Member

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    Thank you @MassGuy Very interesting. From the article:

    But the alternatives suggested by Zansberg (attorney for the media consortium) “only respond to abuse or harassment and do nothing to prevent it,” Murphy wrote in his latest order, issued July 16. “Therefore, in furtherance of protecting the Morphew daughters from abuse or harassment, the Court will allow time for meaningful efforts at redaction to be made.”
     
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  10. MassGuy

    MassGuy The Monsters Aren’t The Ones Beneath The Bed

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    Yeah, I’ve got to believe there are things in there that directly relate to them in some way. I do think there is going to be solid basis for this concern, as it’s been such a focal point of the judge’s argument to seal.

    The order itself is not the least bit surprising to me though, as it seemed the judge had already considered the arguments the media would use when he issued his initial order.
     
  11. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    The state will present their proof to hold BM without bail (until a jury decides his fate) at the preliminary hearing which is not scheduled until August.

    Article II, § 19 of the Colorado Constitution allows a judge to refuse bail in capital cases “when the proof is evident or the presumption great.”

    “The proof is evident or the presumption great” refers to those cases in which the evidence against the defendant is very strong and the judge believes that the likelihood of conviction is very high.

    https://www.criminal-lawyer-colorado.com/overview-of-colorado-criminal-law.html
     
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  12. kkdj

    kkdj Well-Known Member

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    And that's what all the money was gathered for imo. Well, not all, but part of the plan.
    moo
     
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  13. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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  14. O.Incandenza

    O.Incandenza Well-Known Member

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    Given the quotes about allowing meaningful time for redaction, it does seem like he intends to release the AA at some point though. Presumably after the preliminary hearing.
     
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  15. girlhasnoname

    girlhasnoname Well-Known Member

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    What in the holy hellz bells is in that AA??!! It must be shocking to say the least.
     
  16. MassGuy

    MassGuy The Monsters Aren’t The Ones Beneath The Bed

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    Oh yeah, I fully expect we’ll see it in some form; it’s coming.

    We’ll get all the relevant information during the preliminary hearing anyway, but it’s going to be nice to have the AA to refer to at some point.
     
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  17. DizzyB

    DizzyB Well-Known Member

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    Not surprised in the least. I wonder if we will see any physical changes in Barry tomorrow. This may be the last we see him for a while. Then bring on the prelim.
     
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  18. Love Never Fails

    Love Never Fails Well-Known Member

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    Even though we could have expected this, it is shocking to me. First of all, his daughters are grown. The court cannot really protect them from harassment and second, the judge is ignoring Rule 55.1 in keeping the AA sealed. It appears Colorado judges will ignore new laws. And finally, it sounds as if the judge is taking sides with the defense attorneys by saying this was the lengthiest AA he has ever read and a significant portion of it might not be entered in at trial anyway.


    I don’t find the judge’s actions comforting at all in finding out what really happened to Suzanne.
     
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  19. Love Never Fails

    Love Never Fails Well-Known Member

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    It won’t tell us much if it is all redacted.
     
  20. What a crock. By all means, maintain as much secrecy as possible cause that's not a violation of any law or rights! If the judge continues in this pattern, I hope the defense fights back on behalf of those who have presumptive rights under Rule 55.1.

    This statement regarding the daughters is absurd & turns logic on its head:
    But the alternatives suggested by Zansberg “only respond to abuse or harassment and do nothing to prevent it,” Murphy wrote in his latest order, issued July 16.
    So if the Media won't pay for body guards & a PR agent, they would be culpable for any real or perceived harm to the daughters?

    Good grief.
    JMHO
     
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