Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #111

[kittythehare]

But LS is the one that represented this to the court and would/should have reviewed any evidence that supported such an assertion.

not necessarily if it was something as simple as ticking off a checklist- of potential search sites. this was not accessible at the time due to weather. At no point did she state or was it said that it was the last site but it may well have been the last of near sites..
they worked hard to bring this case home. She did too.
I'll never understand a state that penalises the victim for admin screw ups by prosecution..
it's the most bizarre thing ever..
a clear murder 1 denigrated to murder 2 or manslaughter cos paperwork was late..? Before the trial at that..

How crazy is that and when will it be investigated?
It's insane IMO.

It's either murder 1 or it's not.
There are clear definitions for murder cases..
Late paperwork cannot alter those except in this part of the state of Col...

Sorry, I digress again but it's me bile, your honour, me bile at the thought of it..

 

[Megnut]

But LS is the one that represented this to the court and would/should have reviewed any evidence that supported such an assertion.

It could have been a genuine proffer. At the time, best data showed his truck didn't move. They had him somewhat boxed in between cameras at Monarch and Poncha Springs and likely had a good faith belief that Suzanne was disappeared somewhere above the PP home, above the frost line, where total thawing is limited.

Perhaps BM himself attempted to access a mineshaft, leaving some accidental, incidental sign of visual disturbance before bailing on that location. Moffat might not have been his first choice or even his first attempt.

Time is painful, for sure, while he remains free, but time also strains loyalties. Perhaps someone in his inner circle will break free and tell what they know. Things he's said, places he's been, vehicles he could access, etc., etc.

Suzanne didn't bike to Moffat. She didn't walk. She didn't bury herself. Discovering her remains gives LE a new starting point. She got there somehow.

IMO BM choose a spot as far away as he could get, while giving himself enough time to leave Maysville by 5 am. I think he took a back way, by 4-wheel drive or four wheeler. And he followed the electric line so he could both monitor her from the road and navigate back. Colossal landmark.

I wish I could have been there when he learned her body had been found.

No more mountain lion.

JMO

 

[notbornyesterday]

It could have been a genuine proffer. At the time, best data showed his truck didn't move. They had him somewhat boxed in between cameras at Monarch and Poncha Springs and likely had a good faith belief that Suzanne was disappeared somewhere above the PP home, above the frost line, where total thawing is limited.

Perhaps BM himself attempted to access a mineshaft, leaving some accidental, incidental sign of visual disturbance before bailing on that location. Moffat might not have been his first choice or even his first attempt.

Time is painful, for sure, while he remains free, but time also strains loyalties. Perhaps someone in his inner circle will break free and tell what they know. Things he's said, places he's been, vehicles he could access, etc., etc.

Suzanne didn't bike to Moffat. She didn't walk. She didn't bury herself. Discovering her remains gives LE a new starting point. She got there somehow.

IMO BM choose a spot as far away as he could get, while giving himself enough time to leave Maysville by 5 am. I think he took a back way, by 4-wheel drive or four wheeler. And he followed the electric line so he could both monitor her from the road and navigate back. Colossal landmark.

I wish I could have been there when he learned her body had been found.

No more mountain lion.

JMO

I think Moffat was as far away as he could get in the allotted time that was in the opposite direction of his alibi job in Broomfield. He is smart like that, ya know? I always assumed she would be in the opposite direction of that job and he thought that was brilliant strategy that LE would never figure that out! Pure genius, that guy! and the helmet in still another direction- so tricky.

 

[MassGuy]

Grusing and Harris were dropped from Barry's lawsuit a few days ago:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

126

order Order on Motion to Dismiss Wed 03/27 3:05 PM ORDER Dismissing Defendants Jonathan Grusing and Kenneth Harris. Pursuant to Plaintiff's125 Stipulated Motion to Dismiss, the claims brought against Defendants Jonathan Grusing and Kenneth Harris only are dismissed with prejudice. Given the dismissal of those claims, Defendants Grusing's and Harris's119 Motion to Dismiss is DENIED AS MOOT. SO ORDERED by Judge Daniel D. Domenico on 3/27/2024. Text Only Entry(dddlc3, )

 

[Megnut]

Grusing and Harris were dropped from Barry's lawsuit a few days ago:

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court

Morphew v. Chaffee County et al (1:23-cv-01108), Colorado District Court, Filed: 05/02/2023

www.pacermonitor.com

126

order Order on Motion to Dismiss Wed 03/27 3:05 PM ORDER Dismissing Defendants Jonathan Grusing and Kenneth Harris. Pursuant to Plaintiff's125 Stipulated Motion to Dismiss, the claims brought against Defendants Jonathan Grusing and Kenneth Harris only are dismissed with prejudice. Given the dismissal of those claims, Defendants Grusing's and Harris's119 Motion to Dismiss is DENIED AS MOOT. SO ORDERED by Judge Daniel D. Domenico on 3/27/2024. Text Only Entry(dddlc3, )

Barry and Iris' big bad band lawsuit has become the sound of one cymbal.

 

[Momofthreeboys]

This is not true. A huge part of the case was during the 5 hour window that night when Barry claimed to have been sleeping. The end of that window was the most incriminating, as his truck and phone were simultaneously logging events well before he claimed to have woken up.

This is the period of time in which Barry is believed to have left and returned.

May 9th 10:17 to May 10th 4:30 am #BarryMorphew phone was in airplane mode. Prosecution asks Agent Grusing if that's enough time to dispose of a body-- Grusing says "it is." @KKTV11News #SuzanneMorphew

https://twitter.com/x/status/1429826842194808837

I agree that the likely time frame was that night when he was allegedly sleeping but stuff was happening in the driveway. Everything else is pretty well accounted for or at least he is connected with the location of his vehicle from what is known in the existing evidence. Discrepancies are less than an hour and those discrepancies do not occur near Moffat where her body was found.

 

[Seattle1]

Friday, March 29, 2024 was the deadline imposed on BM by the Court to answer the Motions filed by opposing parties including Motions to Dismiss by FBI Agents Grusing and Harris (Docket #119) and CCSO Sargent Claudette Hysjulien (Docket #109).

At this time, the Plaintiff, BM, has voluntarily dismissed the three defendants named above from the suit (Grusing, Harris, and Hysjulien). (See Docket #125, 126, and 128).

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

Find a Case | PACER: Federal Court Records

pacer.uscourts.gov

Federal Civil Rules of Procedure, Rule 41, provides that if the opposing party either first serves a response or files Motion for Summary Judgement, the Plaintiff's voluntary dismissal has to be a stipulated dismissal signed by all parties. Also, a stipulated dismissal (i.e., beyond the first) is with prejudice (final) unless the dismissal Order states otherwise.

To be clear, this was no downgraded (stipulated) dismissal for defendants Grusing and Harris (and/or Hysjulien). By Morphew voluntarily dismissing the federal agents from the case, he simply prevented the Court from doing it for him-- and risk the Court awarding the defendants' costs. (I've not been able to read Hysjulien MTD yet and therefore can't comment yet).

This $$$$ shakedown against Grusing and Harris is done and over. They essentially schooled team Morphew on the law, and how invoking the Bivens case did not provide him any legal basis to seek dollars from the Agents. MOO

FRCP- Rule 41

Morphew fails to plead nonconclusory facts

5/3/23 Refresher on Defendants named by BM

The lawsuit was filed Tuesday, May 2 in the U.S. District Court for the District of Colorado by Fisher & Byrialsen, PLLC, Samler & Whitson, PC, and Eytan Law LLC. The list of defendants named in the civil case is practically a who’s who of anyone in courts or law enforcement that ever touched the case: Deputy District Attorney Jeffrey Lindsey and Deputy District Attorney Mark Hurlbert (prosecutors in the DA’s office).

It includes the Chaffee County Sheriff’s Department, Sheriff John Spezze, Detective Robin Burgess, Deputy Randy Carricato, Deputy Scott Himschoot, Sergeant Claudette Hysjulien, Sergeant William Plackner (sheriff’s office investigators), Colorado Bureau of Investigation agents John Camper, Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis, FBI agents Jonathan Grusing and Kenneth Harris, and one to ten John/Jane Does.

 

[kittythehare]

Friday, March 29, 2024 was the deadline imposed on BM by the Court to answer the Motions filed by opposing parties including Motions to Dismiss by FBI Agents Grusing and Harris (Docket #119) and CCSO Sargent Claudette Hysjulien (Docket #109).

At this time, the Plaintiff, BM, has voluntarily dismissed the three defendants named above from the suit (Grusing, Harris, and Hysjulien). (See Docket #125, 126, and 128).

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

View attachment 493886
View attachment 493889

Find a Case | PACER: Federal Court Records

pacer.uscourts.gov

Federal Civil Rules of Procedure, Rule 41, provides that if the opposing party either first serves a response or files Motion for Summary Judgement, the Plaintiff's voluntary dismissal has to be a stipulated dismissal signed by all parties. Also, a stipulated dismissal (i.e., beyond the first) is with prejudice (final) unless the dismissal Order states otherwise.

To be clear, this was no downgraded (stipulated) dismissal for defendants Grusing and Harris (and/or Hysjulien). By Morphew voluntarily dismissing the federal agents from the case, he simply prevented the Court from doing it for him-- and risk the Court awarding the defendants' costs. (I've not been able to read Hysjulien MTD yet and therefore can't comment yet).

This $$$$ shakedown against Grusing and Harris is done and over. They essentially schooled team Morphew on the law, and how invoking the Bivens case did not provide him any legal basis to seek dollars from the Agents. MOO

FRCP- Rule 41

Morphew fails to plead nonconclusory facts

5/3/23 Refresher on Defendants named by BM

The lawsuit was filed Tuesday, May 2 in the U.S. District Court for the District of Colorado by Fisher & Byrialsen, PLLC, Samler & Whitson, PC, and Eytan Law LLC. The list of defendants named in the civil case is practically a who’s who of anyone in courts or law enforcement that ever touched the case: Deputy District Attorney Jeffrey Lindsey and Deputy District Attorney Mark Hurlbert (prosecutors in the DA’s office).

It includes the Chaffee County Sheriff’s Department, Sheriff John Spezze, Detective Robin Burgess, Deputy Randy Carricato, Deputy Scott Himschoot, Sergeant Claudette Hysjulien, Sergeant William Plackner (sheriff’s office investigators), Colorado Bureau of Investigation agents John Camper, Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis, FBI agents Jonathan Grusing and Kenneth Harris, and one to ten John/Jane Does.

Thanks for that explainer..

 

[kittythehare]

what is status of his multimillion case against LS currently?

 

[Niner]

what is status of his multimillion case against LS currently?

from the above -

3/29/24 Docket update: (129) Response to 87 MOTION to Dismiss Def. Stanley's Motion to Dismiss filed by Plaintiff Morphew.

or do I have that wrong?? Is Morphew asked to dismiss Stanley's Motion to dismiss case?

 

[kittythehare]

from the above -

3/29/24 Docket update: (129) Response to 87 MOTION to Dismiss Def. Stanley's Motion to Dismiss filed by Plaintiff Morphew.

or do I have that wrong?? Is Morphew asked to dismiss Stanley's Motion to dismiss case?

Thanks Niner. I'm not sure..

 

[Niner]

Thanks Niner. I'm not sure..

I was going to look at the pdf attached - but they want $49.99 for it...

 

[kittythehare]

I was going to look at the pdf attached - but they want $49.99 for it...

I'm searching online for recent news reports but can find none..
That's way too much.. not paying.. must have been reported..?
Does anybody know?

 

[Nikynoo]

from the above -

3/29/24 Docket update: (129) Response to 87 MOTION to Dismiss Def. Stanley's Motion to Dismiss filed by Plaintiff Morphew.

or do I have that wrong?? Is Morphew asked to dismiss Stanley's Motion to dismiss case?

Is it on pacer?

 

[Nikynoo]

I’m curious about B and S phones in the pm of the 9th and am on the 10th. Was this discussed in more detail in the PH?

 

[kittythehare]

I’m curious about B and S phones in the pm of the 9th and am on the 10th. Was this discussed in more detail in the PH?

Evidence in the Suzanne Morphew case

Bizarre clues and evidence in the investigation into the Colorado mother's disappearance include a spy pen, plastic needle cap, and a chipmunk alibi.

www.cbsnews.com

Barry Morphew preliminary hearing: FBI agent testifies about movements surrounding wife's disappearance

A retired FBI agent testified to on location of Barry Morphew’s phone in the hours surrounding his wife's disappearance, which included him dumping trash in different locations in the Broomfield area.

www.denver7.com

Barry Morphew murder case: Husband made five “trash runs” on day wife went missing, FBI agent says

On the day Barry Morphew’s wife was reported missing, he spent the morning throwing away items in trash cans and dumpsters at five different locations near Broomfield, hours away from his Cha…

www.denverpost.com

Affidavit released in Barry Morphew case

The arrest affidavit in the Barry Morphew case, which details the allegations into why he was arrested for the murder of his wife, has been made public.

www.courttv.com

 

[mrjitty]

I’m curious about B and S phones in the pm of the 9th and am on the 10th. Was this discussed in more detail in the PH?

I made a lot of posts about this a couple of months ago based on the testimony of Grusing at the prelim. If you ask what you want to know i may be able to find the posts again.

Some of it is clouded, because the CAST expert did not appear at the prelim and the defence skirted around the more incriminating aspects

 

[Megnut]

I’m curious about B and S phones in the pm of the 9th and am on the 10th. Was this discussed in more detail in the PH?

Can we crowdsource this? Check me for accuracy and help me fill this out!

IIRC BM put his phone in airplane mode at 2:47pm, a few minutes after arriving at PP.

Suzanne's last communication was at 2:11, the selfie to JL, IIRC.

BM's phone came out of airplane mode at 3-something in the morning. It followed a path in the 4 o'clock hour to where the bike was found IIRC.

Suzanne's last signal from her phone was in the same 4 o'clock hour. Pinging off another tower.

Suzanne's phone never left the house on 5/9. Supposedly there was some activity on her phone at like 2 am but I suspect that was auto generated. Like updating. Nothing human generated. No one was home.

When BM came home for week old veggie stew, he parked low in the driveway. There was no lunch. Then he said he was geocaching for rancid turkey. LE speculated he was removing cameras. But wasn't he also up most if the prior night, up behind the house doing hell knows what? Was he positioning cameras one night, then taking them down the next day? So creepy to think that Suzanne was likely asleep while her husband was prowling the grounds (on 5/8) and then again on 5/9, she thought she was alone, free to romance her high school flame, unaware that the stealth bomber was back at it, slinking around the yard like he was hunting prey.

And didn't he call her as he departed? More indication that he hadn't just had lunch with her, neither one bowl or two.

It still punches my gut to think she was alive and well, happy in the moment at 2:11 and dead within the hour at the hand of her husband.

Think how this will all look on a white board at trial, as BM's movements converge on Suzanne's....

Hunted. Haunting.

JMO

 

[Megnut]

I just thought of something. Did BM ever offer a public statement thanking LE for finding his wife? I feel like Moorman's issued one.

What huh, BM? Aren't you glad she's been recovered?

Did he double down, vowing to find whoever is responsible for killing her?

Throwing the bike was dumb. Mountain lions can't throw and bushy haired abductors can't take the time to do that when they're wrestling 50 year old housewives into their imaginary vans.

Oh, Barry.

 

[kittythehare]

Can we crowdsource this? Check me for accuracy and help me fill this out!

IIRC BM put his phone in airplane mode at 2:47pm, a few minutes after arriving at PP.

Suzanne's last communication was at 2:11, the selfie to JL, IIRC.

BM's phone came out of airplane mode at 3-something in the morning. It followed a path in the 4 o'clock hour to where the bike was found IIRC.

Suzanne's last signal from her phone was in the same 4 o'clock hour. Pinging off another tower.

Suzanne's phone never left the house on 5/9. Supposedly there was some activity on her phone at like 2 am but I suspect that was auto generated. Like updating. Nothing human generated. No one was home.

When BM came home for week old veggie stew, he parked low in the driveway. There was no lunch. Then he said he was geocaching for rancid turkey. LE speculated he was removing cameras. But wasn't he also up most if the prior night, up behind the house doing hell knows what? Was he positioned cameras one night, then taking them down the next day? So creepy to think that Suzanne was likely asleep while her husband was prowling the grounds (on 5/8) and then again on 5/9, she thought she was alone, free to romance her high school flame, unaware that the stealth bomber was back at it, slinking around the yard like he was hunting prey.

And didn't he call her as he departed? More indication that he hadn't just had lunch with her, neither one bowl or two.

It still punches my gut to think she was alive and well, happy in the moment at 2:11 and dead within the hour at the hand of her husband.

Think how this will all look on a white board at trial, as BM's movements converge on Suzanne's....

Hunted.

JMO

I agree .
Whattime did he move her?
He could have departed with her as early as 3pm? or not?
Remember the pingings for the monkey things he claimed to behunting too?
I dont recall those times off by heart?


edit. found the chipmunks..

Barry Morphew preliminary hearing: FBI agent testifies about movements surrounding wife's disappearance

A retired FBI agent testified to on location of Barry Morphew’s phone in the hours surrounding his wife's disappearance, which included him dumping trash in different locations in the Broomfield area.

www.denver7.com

Grusing also testified that Suzanne Morphew sent the last known photo of her alive to Jeff Libler, the man with whom she was having an affair, at 2:03 p.m. on Saturday, May 9. When investigators talked to Barry Morphew about the photo, he told them his wife appeared to be drunk in the photo.

Grusing said Suzanne was sending sunbathing photos of herself to Libler right when Barry Morphew got home around 2:44 p.m. on May 9. His phone pings appear to show him running around the house, Grusing said, and he told investigators in February of this year he was shooting chipmunks at that time, though his phone went into airplane mode about 3 minutes after his arrival, while Suzanne’s phone was still receiving messages from Libler.

Defense attorneys said Barry Morphew spoke to law enforcement 23 times from the day his wife disappeared until the end of 2020, and said the chipmunks claim did not get brought up until this year. Nielsen argued that the phone data would have meant Barry was moving through walls and at speeds humans are not capable of for the pings to be true.

The court also heard testimony that Suzanne Morphew’s Facebook codes were reset later that night and her account friend requested 23 of her old friends, 20 of them men. Barry Morphew denied doing so.

Suzanne also put together a list of grievances that was last saved two days before she disappeared, which Grusing testified included 50 reasons why she was thinking about leaving Barry, which included him accusing her of having a boyfriend a few days earlier.

Harris, the other FBI agent who testified earlier Tuesday, said the phone and credit card records for the man Suzanne was having an affair with show he was in Michigan on the day she disappeared. Prosecutors argued Tuesday they believe that Barry Morphew was also looking for other women to date, saying he had deleted web history that included Ashley Madison searches and a search for “cute girls” in the Salida area. He had also texted Suzanne about suicidal thoughts two days before she was reported missing, Harris testified.