Thread by @LaurenScharfTV

I am inside the courtroom for #BarryMorphew preliminary hearing ruling that will begin at 1:30 p.m. His family and attorneys have been seated. His daughters are sitting on the second row and his sisters/mom are on the third row. The judge has not entered yet. @FOX21News

There is more Security today than the previous 4-day preliminary hearing. It is taking people a lot longer to get into the Chaffee County Courthouse. There are about 8 seats available for the public.

#BarryMorphew is now entering the courtroom. He is wearing a light grey suit and cowboy boots again. He walked in with a folder with papers. He is wearing a blue medical mask.

Judge Patrick Murphy is now in the courtroom. He apologized for the delay because of the extra security screening. Same rules apply like the preliminary hearing.

Sean Connelly is a new attorney for the defense and Dan Edwards is a new attorney on the state side. Judge Patrick Murphy is limiting the arguments to 20 minutes for each side. Then he will make a decision. A motion was filed yesterday by the defense. @FOX21News

The people will go first. Attorney Edwards has taken the stand talking about Probable Cause. He will take 10 min and then Deputy District Attorney Jeff Lindsay will take the other 10 minutes. #BarryMorphew closing arguments.

Attorney Edwards is citing cases in other states like Rhode Island, Alabama, and Florida. He is talking about whether #BarryMorphew should be allowed bond or not.

Deputy District Attorney Lindsay now at the podium. #SuzanneMorphew started her path of getting murder on May 6 because of the text that she was "done... let's just do it civilly."

"This is a domestic violence homicide, an intimate partner homicide." Deputy District Attorney Lindsay said. On May 8 she listed a list of grievances.

#SuzanneMorphew texts Melinda her sister on May 9 about the abusive relationship: emotionally & physically. The next phone call Deputy D.A. Lindsay says is the phone call from Suzanne to #BarryMorphew that she gave him her grievances on why she doesn't want to be in the marriage.

Deputy D.A. is talking about the timeline of events from May 6 until May 9. He is speaking about the conversations and actions of #Suzannemorphew. She was done with the marriage and wanted out. #BarryMorphew was not allowing Suzanne to divorce him.

Deputy D.A. compared #SuzanneMorphew as an animal that #BarryMorphew hunted. "She let her guard down." May 9 is "the day of reckoning for Barry."

He added that the bicycle look staged, the bike helmet was staged and #BarryMorphew admitted to being in that area. The fireplace evidence... "We had burned stuff that week," according to BM. 5 separate trash runs, the tranquilizer evidence is significant.

Deputy D.A. said #BarryMorphew couldn't say bye to Suzanne because she isn't there (May 10). The tranquilizer evidence is significant. Agent Grusing said the biologist talked about if SM was tranquilized she would have hypoxia and would lightly snore.

Deputy D.A. said #BarryMorphew told LE that she was alseep and lightly snoring the last time he saw #SuzanneMorphew. "The 'I'm done' text from Suzanne is pathetic words by Mrs. Morphew... the state asks that you bind the defendant over and hold him without bond."

Defense turn: Attorney Connolly is refuting that May 6 is a "Chilling day" like the state is trying to say. He said The murder didn't happen on May 6. May 8 was a fine night according to texts from #SuzanneMorphew & Jeff Libler. Went to town, looked at real estate.

Defense says after the "I'm done" text #BarryMorphew didn't respond with violence. There was no evidence of domestic violence. He didn't say he was going to kill her.

"There is no motive... just speculation." There isn't proof of the opportunity to kill #SuzanneMorphew and dispose of her. Attorney Connolly added the state gave offensive redirect of hunting her down like an animal. Now the theory is that he carried a syringe, not a gun.

Now he is giving Top 10 reasons the state vs. #BarryMorphew had their investigation as result given. 1. DNA no dispute that matched in 3 unsolved sex assaults 2. Can't account for 18 miles, Defense says they can with Salida Spa 3. Jeff Libler (Didn't come forward)

4. Facebook (State keeps shifting stories first thought BM used her FB account, now she friend requested guys) 5. Mallory Sheets/Tranquilizer Cap (no evidence of #BarryMorphew DNA) 6. Chlorine in Hotel Room (near a pool) 7. Coffee (SM finished her morning routine).

8. #BarryMorphew cooperation (He did what he was told inside the home) 9. Tranquilizer gun didn't work 10. ? He quoted and agreed on the AA page 2 "This case based on supposition." Ask this court to end this case now.

Judge said the defense said this case can't be bound over to trial because the body still has not been found. It is a probable cause hearing. Based on her disappearance from the prosecution that #SuzanneMorphew was murdered by her husband #BarryMorphew.

The judge said he can find probable cause if there is not a body found like this case. There is a reasonable belief if the defendant MAY have committed the crime. Judge Patrick Murphy said he does see probable cause for First-degree murder & tampering with a deceased human body.

Judge said finding out that #SuzanneMorphew was having an affair gives him motive. Feeling of hurt, anger, jealousy, and desperation. It could lead someone who is typically normal to act differently like harm someone who has harmed him.

Judge said the "I'm done" text means that she was done with the marriage and the "Let's just do this civilly," meaning dissolution of marriage. The text to Jeff Libler said that "these next few days are going to be rough" shows that #SuzanneMorphew wanted out of the marriage.

The judge is going over the evidence. Speaking about the doorframe photo that showed force entry. Text messages saying #SuzanneMorphew didn't feel safe alone with #BarryMorphew and said he was unstable. Showing that Morphew was capable of harming Suzanne.

Morning of May 10: several activities from #BarryMorphew truck with door opening and closing before 4 a.m. From 3:58-4:07 a.m. Truck moved toward the highway where #SuzanneMorphew was found. The judge is saying this evidence is relevant to the prosecution.

The judge is talking about the reason why #BarryMorphew would be in that area where #SuzanneMorphew bike helmet was found. His reasoning antlers and seeing a bull elk. "Court can confirm that Morphew disposed of the helmet. He had no legitimate reason to be in that area."

JUDGE: "Why did someone who calls their wife his angel, Why would you leave her alone? Why would you drive to Broomfield, where you know you can’t work? Why would you sit in a hotel room for five hours? Something happened to alter those plans.

The court believes that it was because something happened to Ms. Morphew. The judge said the court is in favor of the People for counts 1 and 2: First-degree murder and tampering with a deceased body. #BarryMorphew

Sounds like Judge Patrick Murphy is going to grant #BarryMorphew bond. #FindSuzanne

Three possibilities: 1. #Barrymorphew killed #SuzanneMorphew 2. She voluntarily disappeared 3. Someone else killed her.

The judge does not believe the state proved enough evidence for first-degree murder so there will be a bond set. We are on a little break now. The family was all in tears hugging one another. #BarryMorphew

Judge says the prosecution did not meet the burden of proof evident, presumption great so the court is obliged to set a bond under Colorado Constitution. State is asking for a $10 million cash-only bond for #BarryMorphew.

The state believes #BarryMorphew doesn't have ties to the community anymore in Colorado. Fears for witnesses' safety. Also, believe he has $3 million since the sale of the home and business.

#BarryMorphew is a significant danger to flee, according to Deputy D.A. He must surrender all guns. They also want LE to be able to monitor Morphew's whereabouts. Judge asked if he had a criminal history: In Indiana involving assault case.

Iris Eytan said the assault case was a disorderly conduct case and was dismissed. #BarryMorphew has no criminal history. He is 54-years-old, he is a hard working man. "He has family that supports him, his two daughters love him dearly. They want to hug him."

There are 10 people representing his family in the courtroom right now that have flown here. He intends to live near his two daughters who are here in Colorado.

#BarryMorphew said he is okay with any protection order the court puts on him, according to Eytan. He doesn't have 3 million dollars. "A $10 million bond is a no bond." $50,000-$200,000 typically in a class 1-felony case. The defense is asking for a $50,000 bond.

Eytan said #BarryMorphew has been made a public spectacle. Wrongly defamed. He has sustained great financial loss. It will be hard for him to make money at this time. Take away his passport. Let him have a constitutional bond that will let him go home to his daughters.

Eytan asked if #BarryMorphew could live in Gunnison. The Judge said he must live in Chaffee County. He has only been charged, he needs to be treated innocent.

BREAKING: The judge said $10 million is too high but $50,000 cash is too low for #BarryMorphew. So we need to meet somewhere in the middle. He wants it low enough so that he can post bond. BOND: $500,000 CASH ONLY

No Contact: Moorman family, Brad Oswald, Holly Wilson, Sheila Oliver, Cassidy Cordova, Morgan Gentile, Gene and Martine Ritter (Protection orders)

Judge: "I want you to be listening to me." No written contact, no electric contact (email, text), you can't ask someone to contact them. You could be charged with a class-1 misdemeanor. EDIT: Jeff Libler family as well.

#BarryMorphew must surrender his passport. He can't reside outside of Chaffee County. It is this court that has to monitor him. #MalloryMorphew just left the courtroom with a private investigator. "I want you here in Chaffee County that I know that you are close by."

"You must appear in person to every hearing, you must wear an ankle monitor," Judge Patrick said.
THE BOND can't be posted until Noon on Monday because there is no private probation here today.

NOW TO THE AFFIDAVIT: Dru Nielsen said that the AA reads like a tabloid. They wrote this affidavit to try this case in the media and try and taint a jury pool. They don't want the AA to be released.

"It will decimate a chance for #BarryMorphew for a fair trial," Attorney Nielsen said.

Judge: "It is highly detailed efforts of law enforcement but there is information that would not be admissible in trial." The defense has had the opportunity to interview the witnesses before their names were released. He finds no valid reason to suppress the affidavit.

The court has redacted information from the arrest affidavit. "I am not going to redact the affidavit further," Judge Murphy said. "The meat of this case has been disclosed. The Arrest Affidavit will be released online under cases of interest."

The defense has made another affidavit with their own redactions. The judge said we will make note of this but this will not be released. The #Affidavit for #BarryMorphew will be posted by NOON on MONDAY.

The defense wants to set a day for trial now for #BarryMorphew case. The state is being asked the length of trial. Deputy D.A. Lindsey says at least 4 weeks. Defense is looking at May of 2022.

BREAKING: Judge is setting the trial date for #BarryMorphew case for May 3 until June 1. Morphew is entering a NOT GUITLY plea.

Iris Eytan is telling the Judge that the prosectors with the D.A. office have been participating in interviews, podcasts and fueling the media frenzy. She is asking for a gag order for them.

Judge is not ruling on the motion. He said if there is a violation it is a self-inflicted wound.

There will be a motion hearing for #BarryMorphew on Nov. 9 at 1:30 p.m. - 3:30 p.m. one is discovery violation and motion of violation of the court order to limit pretrial publicity.

Here is a map of how big Chaffee County is for reference. As of the 2020 census, the population was 19,476. Chaffee County was carved out of Lake County in 1879 and named for Colorado's first senator, Jerome Chaffee (according to fourteenernet.com/history/histor…)