From the proceeding provided below, we learned that the Court had not yet received the defendant's report for his GPS device monitoring (but Hopkins was sure to put it on the record that Morphew's reporting history indicates he typically complies long before the due date....


).
The Defense Team was given multiple opportunities to address/update the Court with any status information, and they remained silent on the 3/6/26 Motion to Withdraw by the Office of Public Defender, and any other related Defense Motion unknown/unavailable to the Public, resulting in the 3/9/26 Order by the Court re. APPOINTMENT OF COUNSEL AT STATE EXPENSE OTHER THAN THE PUBLIC DEFENDER [i.e., ADC Appointment].
IMO, ignoring the opportunity to be transparent here was intentional, just as withholding the related Motions from the Public's link to Court Docs.
Instead, the Court gave the floor to the Attorney for the Intervenors, where as a matter of law, there should be no standing, and similarly to the Court's October 2022 Order, there is no basis to return
evidence being lawfully held for future prosecution. (SM's remains were obtained under a valid search warrant). MOO.
I take exception to your suggestion that something's wrong about Judge H's decisions here, or defense counsel's. I'll comment on each issue separately, with due respect:
1. "From the proceeding provided below, we learned that the Court had not yet received the defendant's report for his GPS device monitoring (but Hopkins was sure to put it on the record that Morphew's reporting history indicates
he typically complies long before the due date....


)."
BBM
The suggestion - that the judge went out of her way to compliment Morphew - is based on a misrepresentation of fact. The judge actually reported to counsel that the
monitoring company had not provided its report in their usual timeframe, and she asked Morphew's counsel to contact the company and make sure it gets filed. I don't see what else she could have said. She did not compliment Morphew.
2. "The Defense Team was given multiple opportunities to address/update the Court with any status information, and they remained silent on the 3/6/26 Motion to Withdraw by the Office of Public Defender, and any other related Defense Motion unknown/unavailable to the Public, resulting in the 3/9/26 Order by the Court re. APPOINTMENT OF COUNSEL AT STATE EXPENSE OTHER THAN THE PUBLIC DEFENDER [i.e., ADC Appointment]. IMO, ignoring the opportunity to be transparent here was intentional, just as withholding the related Motions from the Public's link to Court Docs."
Courts withhold some documents from the public for a variety of sound reasons. Of course it is intentional, and of course attorneys for the parties respect the court's decision to do so. However, this is not deceptive. We are not entitled to know the factual and ethical basis for the Public Defender's assertion of a conflict of interest. As members of the public, our interest is in seeing that the defendant is represented by competent legal counsel and that his rights as a citizen (
our rights) are respected.
My guess is that the PD represents a named witness on a criminal charge, and that it would be prejudicial to reveal that information before the witness is actually called and the court determines that it is relevant for impeachment. Of course Morphew raised no objection to the PD's motion to withdraw - he was not adversely affected by it. Any suggestion that defense counsel had some kind of duty to comment on or dispute these motions, and that their failure to do so is somehow suspect, is absurd.
3. "Instead, the Court gave the floor to the Attorney for the Intervenors, where as a matter of law, there should be no standing, and similarly to the Court's October 2022 Order, there is no basis to return evidence being lawfully held for future prosecution. (SM's remains were obtained under a valid search warrant)."
In his status report, defense counsel alerted the court that although they were working diligently to review all discovery recent disclosures (February and March) amounted to between 800 and 900 gigabytes of data and that the time required to review and integrate this information into Morphew's motions might prevent them from meeting the April deadline for filing motions. He went out of his way to advise the court that he intended no criticism of the prosecutors, who had worked with them diligently to respond to requests. The DA indicated that the recent disclosures were in the nature of expert evidence and were provided to the defense months in advance of the actual deadline for such disclosures in the interest of moving the case forward. This was the main purpose of the status report.
Only after hearing about the status of the criminal case did the judge turn to counsel for the intervenors. She asked if they wanted a hearing on their motion, and advised them that she would be considering first whether they had standing to intervene. They asked for an in-person hearing, and the judge offered the DA an opportunity to address the issues. Kelly said that since the judge had already found probable cause for seizure of SM's remains, the substantive issue could be decided on written motions alone. She asked for additional time to respond in writing to the motion. The judge gave Kelly her time, but said that in the spirit of the Victim's Rights Act she would give the intervenors a hearing since they requested it. The judge asked defense counsel for their position: DB said that Morphew supports his daughters emotionally, as a father. but that he takes no legal position on the motion to intervene.
The judge previously determined that probable cause existed for the search and seizure at the nursing home. Only the nursing home has standing to challenge that determination. Barry doesn't, and his legal interests are aligned with the intervenors, so of course he took no legal position.
The intervention was a Hail Mary attempt to test whether the judge was sympathetic to the daughters to an extent that would affect her legal judgement to Morphew's advantage. The judge passed the test IMO. She'll hear them out as she is obliged to do under the Victim Rights Act, but her comments signaled strongly that the standing issue could be dispositive and they'd be wasting their time and money on an in-person hearing. (In the end, the intervenors folded.)
In any case, this was a status conference not a motion hearing, and the issue was not procedurally ripe to be decided because the DA had not filed a formal response. So the judge set a time for the response and said she'd grant the in-person hearing if the intervenors wished. Any suggestion that she should have dismissed the motion to intervene without following procedure or respecting the rights of victims to be heard is nonsense.