• Explosive complaint against DA behind failed Barry Morphew case says sh

    From useapen@21:1/5 to All on Sun Nov 5 02:28:59 2023
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    The district attorney who brought and then dropped a murder case against
    Barry Morphew in the Mother’s Day 2020 disappearance and death of his wife Suzanne Morphew asked her chief investigator to dig up dirt on the divorce
    of a judge who presided over the failed case, an explosive complaint filed
    by the Colorado Supreme Court’s independent attorney regulatory body
    alleged.

    The complaint filed Monday against 11th Judicial District Attorney Linda Stanley, who handles cases in Chaffee County, Custer County, Fremont
    County, and Park County, listed seven total claims that the DA violated
    the Colorado Rules of Professional Conduct — the first five of which
    relate to the Morphew case.

    The identified rules — “A Lawyer Shall Act with Reasonable Diligence and Promptness — Colo. RPC 1.3,” “Pretrial Publicity — Colo. RPC 3.6(a),” “Prosecutor’s Extrajudicial Comments — Colo. RPC 3.8(f),”
    “Responsibilities of Supervisory Lawyer — Colo. RPC 5.1(a) and (b),” and “Attempt to Violate the Rules of Professional Conduct and Conduct
    Prejudicial to the Administration of Justice — Colo. RPC 8.4(a) and Colo.
    RPC 8.4(d)” — collectively painted a picture of Stanley botching the
    Morphew prosecution by withholding exculpatory evidence, impermissibly
    talking about the case on the YouTube channel “Profiling Evil” and in
    Facebook messages with Julez Wolf of “True Crime with Julez,” and by
    failing to make sure that the prosecutors under her supervision themselves abided by the Rules of Professional Conduct.

    “Even after Respondent was on notice her prosecution team had been
    sanctioned for discovery violations, Respondent failed to verify that designated experts had been interviewed as to the scope of their opinion
    prior to being disclosed, failed to verify expert disclosures had been
    reviewed before filing, failed to verify that all material in support of
    the expert disclosures had been disclosed, and failed to ensure that all
    such disclosures were timely, and thus did not make reasonable efforts to ensure prosecutors in the Morphew case were complying with the Rules of Professional Conduct,” the complaint said.

    But claim V was the most eye-popping of all, as it alleged that DA Stanley “instructed” her chief investigator Andrew Corey to “interview” the ex-
    wife of 11th Judicial District Court Judge Ramsey Lama to “uncover
    information” about his divorce that might lead the presiding judge to
    recuse himself or other be disqualified from the Morphew case — “despite
    having had no credible source for suspecting that Judge Lama had
    physically abused his ex-wife, or other conduct that would justify a
    criminal investigation.”

    From the complaint:

    139. Respondent persisted in having her own investigator interview the
    Judge Lama’s ex-wife, even after Commander [Alex] Walker refused to
    interview Judge Lama’s ex-wife due to a lack of credible evidence to
    warrant an interview.

    140. Respondent used her position and office’s resources in a manner
    intended to prevent others, including Judge Lama, from effectively
    performing their roles in the criminal justice system.

    141. Respondent’s actions constituted of an abuse of her power as an
    elected district attorney and were contrary to a prosecutor’s
    responsibility to act as a minister of justice.

    142. Through her actions, Respondent acted in a manner that constituted an attempt to prejudice the administration of justice, and also was
    prejudicial to the administration of justice.

    Stanley allegedly texted other prosecutors “encouraging them to
    investigate whether Judge Lama ever abused his ex-wife,” the complaint continued:

    Respondent decided to interview Iris Lama because,

    …we couldn’t understand Judge Lama’s orders that were so egregious against
    us, and he’s normally not like that. And we were discussing what’s going
    on, and those two came together. And I said, let’s see if we can get
    somebody to interview her to see if there was something going on or if she suspects that he is trying to get back at her, essentially, in almost a passive-aggressive way by making this case impossible to prosecute… So we wanted to see if she would say anything to us about any of that or if
    these actions by the judge may be almost a passive-aggressive move at her.

    As Law&Crime noted when covering a completely separate case in September, Stanley found herself in hot water for an August interview with KRDO, in
    which she made “very blunt” extrajudicial statements on camera about
    William Henry Jacobs and Brooke Crawford, a boyfriend and girlfriend who
    had not yet gone to trial for the alleged Motel 6 murder of a 10-month-old
    baby boy.

    “Without the caring factor, without the love factor, the baby is a pain in
    the ass,” Stanley said during the interview, commenting on her view of the alleged motive.

    “I’m going to be very blunt here. He has zero investment in this child.
    Zero. He’s watching that baby so he can get laid. That’s it. And have a
    place to sleep,” the DA also said of the boyfriend. “I’m sorry to be that blunt, but honest to God, that’s what’s going on.”

    Those remarks were the subject of claims VI and VII in the complaint,
    citing a rule against making an extrajudicial statement that a lawyer “reasonably should know will be disseminated by means of public
    communication and will have a substantial likelihood of materially
    prejudicing an adjudicative proceeding in the matter,” and a rule barring prosecutors from making out-of-court comments that “Have a substantial likelihood of heightening public condemnation of the accused.”

    “Even after she’d already suffered the consequences of her extrajudicial statements in the Morphew case, Respondent continued with more brazen statements,” the complaint said, noting the elected DA up for reelection
    in November 2024 “shall refrain” under the rule from opining on the local
    news about a “defendant’s guilt or innocence is inherently prejudicial.”

    Many of the remarks are included verbatim in the complaint, and the
    interview in question remains online:

    Beyond the professional conduct probe, Stanley was named as a defendant in
    May, along with numerous state and federal investigators, in Barry
    Morphew’s federal civil rights lawsuit. Morphew alleged his “name and reputation” were “irreparably” tarnished by a “conspiracy to violate his
    state and federal constitutional rights.”

    Morphew separately called for Stanley to be disbarred in a complaint to
    the very attorney regulatory body now alleging multiple violations of the Colorado Rules of Professional Conduct.

    In September, more than a year after Barry Morphew’s murder case was
    dismissed, investigators finally found Suzanne Morphew’s remains. No
    arrests or charges have followed, and that likely has to do with the yet- to-be-explained “unknown male DNA” that was found on “various items of the crime scene: the interior cushion of the bike helmet, Mrs. Morphew’s bike,
    the glovebox and back seat of Mrs. Morphew’s Range Rover.”

    Before tossing the case, Judge Lama was particularly taken aback that this potentially exculpatory information was not disclosed to the Morphew
    defense for two months, even as the “unknown male DNA partially matched
    DNA found in three out-of-state unsolved sexual assault investigations:
    Tempe, Phoenix, and Chicago.”

    The state went on to dismiss the case against Morphew, without prejudice,
    nine days before jury selection was set to begin.

    Judge Lama resigned in July 2022, citing health and personal reasons.

    Stanley has not yet commented on the complaint, but she will have a chance
    to formally respond to the Office of Attorney Regulation’s complaint.

    “If the intake attorney assigned to the investigation determines that a response from the respondent attorney is required, the office will send
    the respondent attorney a formal letter requesting a response. The letter
    will describe the facts of the complaint and list the Colorado Rules of Professional Conduct implicated. Pursuant to C.R.C.P. 242.14(a)(3), the attorney has 21 days to respond to this letter,” according to the Colorado Supreme Court website.

    Read the complaint obtained by Law&Crime here.

    https://lawandcrime.com/high-profile/explosive-complaint-against-da- behind-failed-barry-morphew-case-says-she-asked-investigator-to-dig-up- dirt-on-judges-divorce/

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