Sunday, November 3, 2024

Barry Morphew: Colorado: Bulletin: He is appealing his lawsuit dismissal, the Mountain Mail (Reporter Robert Bozkiewicz) reports, noting that: "Barry Morphew is not giving up on his claim that investigators and prosecutors violated his constitutional rights as they pursued a case against him for allegedly murdering his wife, Suzanne."


BACKGROUND: From a previous post:  Barry Morphew, a Colorado man accused of killing his wife in 2020 before charges against him were dropped in 2022, is seeking $15 million from the government for allegedly violating his civil rights. Prosecutors initially alleged Morphew murdered his wife after she decided to leave him but later asked a judge to drop and dismiss the murder charges without prejudice in April 2022. They said they believed they were close to finding Suzanne's remains, though they have yet to be recovered. "Barry suffered the indignity of being wrongfully arrested, jailed and prosecuted for a crime he did not commit," Iris Eytan, Morphew's attorney, said in a statement this week. "We will not rest until those responsible for this miscarriage of justice are held accountable."

https://draft.blogger.com/blog/post/edit/120008354894645705/8454190962665432581


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PASSAGE OF THE DAY: "For all its infuriating flaws, … the prosecution of Plaintiff (Morphew) was not unlawful," U.S. District Judge Daniel D. Domenico wrote Sept. 24 in a 33-page decision. It is that decision that Morphew is appealing."


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STORY: "Barry Morphew is appealing his lawsuit dismissal," by Robert Boczkiewicz, published by The Mountain Mail, on October 30, 2024.


DENVER – Barry Morphew is not giving up on his claim that investigators and prosecutors violated his constitutional rights as they pursued a case against him for allegedly murdering his wife, Suzanne.

He is appealing a decision last month in which a judge threw out Morphew's lawsuit against those law enforcement officials.

On Oct. 24 in Denver at the U.S. District Court for Colorado, his attorneys filed a one-sentence notice of an appeal.

Appeals to the federal appeals court in Denver typically take many months before an appeal is concluded.

"For all its infuriating flaws, … the prosecution of Plaintiff (Morphew) was not unlawful," U.S. District Judge Daniel D. Domenico wrote Sept. 24 in a 33-page decision. It is that decision that Morphew is appealing.

Morphew alleged the authorities conspired to violate his rights and maliciously prosecute him. 

Prosecutors filed a motion to dismiss all charges against Morphew, and the case was dismissed on April 19, 2022, just before it was set for trial."

The entire story ca be read at: 

https://www.themountainmail.com/news/article_523b575e-9568-11ef-be38-47f241c34b21.html


PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

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    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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