CO CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #78 *ARREST*

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

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  1. OldCop

    OldCop Verified Law Enforcement (retired)

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    To me, this defense team is like being surrounded by a swarm of little gnats while you are sitting outside reading a book. They keep flying in taking little bites until you are so distracted you can’t follow the story.
     
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  2. Reminds me of this judge. Unless, of course, the Defense is speaking.
    MOO
     
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  3. Love Never Fails

    Love Never Fails Well-Known Member

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    Great questions. That's why I'm not at 100%. But I've been complaining about this judge since he sealed the AA with a whine about how time consuming and what a burden for the defense to redact it at that time. Really? As the MSM appeal said, it's your JOB to redact & release. Of course it takes time and resources but you have a constitutional responsibility to the public with a process laid out clearly in Rule 55.1. Do your JOB!
    JM(not so)HO[/QUOTE]


    I have to agree with you. I didn't think it was a big deal at the time but it did make me wonder. I thought maybe he was pro-defense at the time. The whining I can agree with.
     
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  4. Scootie98

    Scootie98 Well-Known Member

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    Wasn't it reported that the other room also smelled of chlorine? That would be a game changer if true..but a very small one. The real issue with Barry and the room was the time he spent in it yet said he was working.
     
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  5. Love Never Fails

    Love Never Fails Well-Known Member

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    Old Cop! Glad to see you are here. I want to know what you thought of the last day of the PH? How about the way the judge handled it?
     
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  6. I think in rejecting a trial the judge will write at length about burden of proof & all the ways the prosecution hasn't met it, even though that is not the standard and even outsiders can see the proof is circumstantial but quite strong. I wish I could believe otherwise.
    MOO
     
  7. pseudo_hum

    pseudo_hum Well-Known Member

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    Thanks so much. I will take a look.

    I still couldn’t find it. :( that’s ok.
    must not have been that good anyway.[/QUOTE]
    She did say in her yesterday tweet "One night only" but I was hoping they may have a linked copy. Obviously not.
     
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  8. Diddian

    Diddian Well-Known Member

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    I wonder if any attorneys might answer:
    The prosecution and defense met with the judge privately before any visitors were allowed into the courtroom. After they met, visitors were allowed in and the hearing began. Also, during the hearing the judge made a comment to Lindsey (prosecution team) to the effect of "it's already been demonstrated SM was unhappy with the marriage."

    The prosecution, defense, and judge are all familiar with the AA, which the judge sealed and has ordered remain sealed until at least that time he issues his decision about whether he binds BM over for trial.

    Say the AA includes some kind of shocking or inflammatory information that the judge believes could be prejudicial to a future jury OR could drive an overwhelming public reaction if BM decides to plea to a lesser charge (say, in exchange for revealing location of remains). If the judge indicated to the defense that he was very heavily leaning in the "bind BM over for trial" direction but was concerned about the prosecution presenting that information in court at this time (during the PH) - could the defense make an agreement with the prosecutor and judge to allow that information to be considered by the judge in his decision while omitting presentation of that information from the PH and that having doing so would not be later grounds for appeal by the defense?
     
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  9. but maybe

    but maybe Well-Known Member

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    What if the unspent .22 casing is our clue to look at the .22 as the weapon that fired the dart. Also, SM may have been able to grab the dart and pull it out before she ran for the bedroom? That would be my reflex action, if possible. Anyway, it may be possible that she could have pulled it out or that it wasn't a great shot and so didn't have the complete intended effect.
    Just MOO
     
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  10. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    I'm not so sure - I think he will take the path of least resistance. One of us will be right :)
     
  11. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    I can't answer your question - but it does not seem very transparent to me.
     
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  12. :) Indeed!
     
  13. Diddian

    Diddian Well-Known Member

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    It doesn't to me either, but after sealing the AA (and the reasons given) as well as so tightly limiting access to the Preliminary Hearing, that seems the way this judge operates.
     
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  14. steeltowngirl

    steeltowngirl Well-Known Member

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    The hotel manager may not want to get involved, so he or she sent a plausible reason. I can’t see how an email from the manager months later proves much of anything. Didn’t investigators visit the hotel and room when Suzanne went missing?
     
  15. jondaba

    jondaba Well-Known Member

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    There is no chance at all whatsoever of Barry Morphew taking the stand in the upcoming trial. As we say in New York: fugeddaboudit!
     
    Last edited: Aug 25, 2021
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  16. jondaba

    jondaba Well-Known Member

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    Like the round on the floor of the bedroom?
     
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  17. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    Lol -- and as some locals have expressed, it's not a good look when you unleash a swarm of gnats on your own witness (i.e., IE examining CBI Cahill)!
     
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  18. jondaba

    jondaba Well-Known Member

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    grok is short for "Groucho Marx"
     
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  19. Gardenista

    Gardenista Well-Known Member

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    If he gets bound over for trial, my guess is the defense's next step will be invoking his right to a speedy trial. Anybody know when that clock starts or if it already started?
     
  20. jondaba

    jondaba Well-Known Member

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    Disagree. Judge Murphy has been in the business 30 years. Ol' Barry does not fool him. He is knows BM killed SM. However, he has "appealophobia" - he's not worried about an appeal from his old Salida court cronies who will have to keep appearing before him. He's worried abut E&N taking up an appeal when he sends BM to prison pending trial.
    He would like to advance in the judiciary, not be publicly embarrassed on appeal.
     
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