CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:23-cv-01108-KLM​


Morphew v. Chaffee County et al
Assigned to: Magistrate Judge Kristen L. Mix
Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question


Plaintiff
Barry Morphew
represented by​
Jane Holse Fisher-Byrialsen
Fisher & Byrialsen PLLC
4600 South Syracuse Street
9th Floor
Denver, CO 80237
303-256-6345
Fax: 303-954-0573
Email: Jane@FBLaw.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED



Date Filed#Docket Text
05/02/2023
1
COMPLAINT against All Plaintiffs (Filing fee $ 402,Receipt Number ACODC-9078209), filed by Barry Morphew. (Attachments: # 1 Exhibit Exhibit A)(Fisher-Byrialsen, Jane) (Entered: 05/02/2023)
05/02/2023
2​
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (jcharl, ) (Entered: 05/02/2023)
05/02/2023
3​
Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jcharl, ) (Entered: 05/02/2023)
05/02/2023
4
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (jcharl, ) (Entered: 05/02/2023)

 
5/3/23

Alleging malicious prosecution, unlawful detention, fabrication of evidence, reckless investigation, failure to intervene and conspiracy, Morphew, now 55, asserts that law enforcement and prosecutors ruined his life with an affidavit filled with “falsehoods, material omissions, inaccuracies, and misleading statements” that fell far short of establishing probable cause in the alleged murder of his wife Suzanne Morphew, who vanished during a bicycle ride on Mother’s Day in 2020.

[..]

Prior to filing the civil suit, Barry Morphew’s legal team had already filed a lengthy ethics complaint against the prosecution, including the DA, requesting discipline as severe as disbarment.

[..]

The 12-count civil rights complaint seeks a jury trial, at least $15,000,000 in damages, attorneys’ fees and costs, the release of his property from law enforcement, and an order requiring the Chaffee County Sheriff’s Department to train and oversee personnel “so as to prevent similar decisions being made in the future that results in the violations of individuals’ constitutional rights and conspiracies to do so.”

Read the 185-page complaint and the charging affidavit, including exhibits, here.
 

5/2/2023

[..]

Loew said it is "not common" for people accused of crimes to sue the prosectors and law enforcement involved in charging them. He says it takes someone with resources to hire multiple law firms to file a lawsuit of this length.

"Mr. Morphew has three law firms working on this case, and it could be in excess of $500 an hour, if not more. He's probably fronting the bill himself to send a message," Loew said.

Loew says filing this lawsuit does not come without any risk to Morphew or the accusations thrown at him in a case that has been dismissed without prejudice, meaning DA Linda Stanley can re-file the case if more evidence surfaces. He says Morphew may have to be questioned by attorney's who are representing all of the defendants in the lawsuit.

"Mr. Morphew has had the right to remain silent throughout this entire process. However, when he brings a lawsuit, he's giving up that right to remain silent and can absolutely be deposed of," Loew said. If he's deposed and answers questions it could lead to more charges being filed going forward."

Loew says it's entirely possible that each defendant hires a different attorney, and if Barry Morphew has to go through multiple different depositions, his story will have to stay the same through all of them.

"If they named 50 people, that's 50 depositions that his story has to remain consistent, accurate and foolproof," Loew said.

Morphew's lawyers say that Barry Morphew and his daughters continue to urge authorities to find Suzanne Morphew, who has been missing for nearly three years.

[..]
 

DENVER (KDVR) — It has been nearly three years since a mom went missing in Chaffee County on Mother’s Day.

To this day, the body of Suzanne Morphew has not been found. Almost a year ago, the murder charge against Barry Morphew was dismissed.

The latest development in the case is that the attorney for Morphew filed an 83-page complaint to the Colorado Office of Attorney Regulation Counsel.
 

The husband of Suzanne Morphew is asking for $15 million saying he was wrongfully charged in his wife's disappearance and presumed death. Barry Morphew, of Chaffee County, was not only the prime suspect in the case as he was also charged with the murder of his wife Suzanne.

Suzanne disappeared after leaving her home for a bike ride on Mother's Day 2020 and what happened remains a mystery. Her body has not been found but she is presumed dead.
 
ChaffeeCo Sheriff John Spezze says his investigators continue to look for #SuzanneMorphew 's body. The couple's two adult daughters have never waivered in supported for their father. He was released on bail Sept 20, 2020 and the case was dismissed wihtout prejudice last April.

Lawsuit was filed in federal court. It alleges that Morphew was targeted as Suzanne Morphew's murderer around the time they found her bicycle helmet tossed off to the side of the highway just under a mile from their home.

BREAKING: Barry Morphew has filed a $15 million lawsuit against prosecutors, the Chaffee Co Sheriff, numerous FBI and CBI investigators and Chaffee Co Commissioners alleging his civil rights were violated. He cites wrongful arrest, jail and prosecution.


 
Remembrance in Poncha Springs today in caseof missing 49-yr-old. Nephew of #SuzanneMorphew tired of 'legal limbo,' asks Jared Polis to get involved




Attorneys for Barry Morphew — Suzanne's husband — filed a complaint with the Office of Attorney Regulation Counsel last month, asking for prosecutors to face punishment up to and including disbarment. He was at one time arrested on suspicion of murder in the case.

Moorman said that, while he holds no malice toward the current prosecutorial team, "the investigations by the Colorado Supreme Court and the lawsuit filed by Barry Morphew have created an atmosphere wherein justice for Suzanne is not the priority."

Melissa Dworkin, a spokesperson for the Governor's office, said Polis is monitoring the case, but added, "The governor does not have any legal authority to remove or discipline a District Attorney for procedural violations in court. The Office of Attorney Regulation has discipline authority over attorneys, including district attorneys."

Still missing

There's been no trace of Suzanne Morphew since she disappeared just over three years ago.
 


(SALIDA, Colo.) — It’s been three years since one Colorado mother, Suzanne Morphew, went missing, but, many people are not ready to give up yet.

A remembrance ceremony was held on Saturday, May 13, near Morphew’s hometown of Salida. There, the community is aiming to keep the memory of her alive while also continuing to call for justice. Around 25 people showed up to the ceremony that was held at the Poncha Town Hall.

“The case was just put on the cold case. Just because it’s put on the cold case, doesn’t mean that we’re going to stop,” said Tisha Leewaye, the organizer of Morphew’s remembrance ceremony.

Morphew was last seen on Mother’s Day, May 10, of 2020, in her hometown of Salida.


(SALIDA, Colo.) — It’s been three years since one Colorado mother, Suzanne Morphew, went missing, but, many people are not ready to give up yet.


“She remains the victim of this crime until justice is served for her, and for the community in which she lived,” said Balzer.

The group released butterflies in Morphew’s honor, and in hopes that justice will one day be served. The envelopes that held the monarch butterflies read #shinebrightforSuzanne.

“Like the butterflies being released in memory of my sister, may they remind us that transformation, freedom, and change are possible as we wait and hope for justice and shine bright for Suzanne. I love you Suzanne, your sis, Melinda,” said Balzar, at the end of her audio message.
 
Last edited:
May 15, 2023 article


[…]

“I know that she was going through chemotherapy for the last couple years before her disappearance. I know she was going through some hard things and made some bad decisions.”

When asked what he meant by that, he added: “She was really having trouble with the chemotherapy and the drugs.”

[…]
 

5/15/2023

Barry Morphew said the case’s notoriety prompted him to leave Colorado. He's struggled gaining employment with Suzanne Morphew's disappearance still hanging over his head, defense attorney Iris Eytan said Monday.

"He tries to find work doing landscaping projects, but it is very difficult because his name has been wrongly associated with being a murderer," Eytan told NBC News.
 

5/15/23

It was the first time Barry, 55, has spoken publicly since he filed a lawsuit seeking $15 million from the 11th Judicial District attorney and other prosecutors for allegedly violating his civil rights after they accused him of killing his wife and then subsequently dismissed the charges.

"It's very hurtful to lose your reputation and your integrity," Barry Morphew told ABC's "Good Morning America" in an interview with his daughters, Mallory and Macy, that aired Monday.
 

5/15/23

A man once charged in the 2020 disappearance and presumed death of his wife said he’s innocent and accused Colorado authorities of having “tunnel vision” in only suspecting him.

“They’re wrong. They got tunnel vision and they looked at one person and they’ve got too much pride to say they’re wrong and look somewhere else,” Barry Morphew told ABC News in an interview that aired Monday.


His comments come on the heels of a $15 million lawsuit he filed this month against authorities who accused him of killing Suzanne Morphew, who has not been seen since around Mother’s Day in May 2020.
 

SALIDA, Colo. (KKTV) - Thursday marks more than three years since Suzanne Morphew, a Colorado mother, disappeared.

The Colorado Bureau of Investigation tells 11 News they are working on adding the Morphew case to their database of cold cases. A spokesperson with the CBI explained the case remains under investigation and is actively being worked, but state statute defines a cold case as any case that remains unsolved three years from the date of occurrence.
 

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