Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #114

[mrjitty]

I have been back and forth about the civil case impact but if I were the DA I would wait.

Barry's depo is going to be lit!

Of course that's pure fanfic by me. He can never give any depo now. That 10% chance he'd be stupid enough is down to 0%. He'd have to plead the 5th but then much of the case collapses - IMO

 

[MassGuy]

Barry's depo is going to be lit!

Of course that's pure fanfic by me. He can never give any depo now. That 10% chance he'd be stupid enough is down to 0%. He'd have to plead the 5th but then much of the case collapses - IMO

Obviously his attorneys knew that before Suzanne’s body was even found, so was their end game a settlement or what?

 

[mrjitty]

Obviously his attorneys knew that before Suzanne’s body was even found, so was their end game a settlement or what?

Yeah i guess they see the DA as being vulnerable on the discovery violations. The rest of their case is a hot mess IMO - likely why they already dismissed with Grusing, who supposedly was the key architect of all this fit up.

 

[Seattle1]

Sigh - this is what i mean about alleging police corruption without evidence.

Why is this allowed?

I think this is when you sigh, and ask disingenuous much? Or consider the source. Too busy taking down prosecutors to clean their glass house.

 

[girlhasnoname]

I think that DNA was transferred to the cap by the detective who handled it. If he didn't change his gloves and had touched other items in the laundry room, touch DNA could be transferred that way.

Weren't MM's sheets in the dryer along with a pair of BM's shorts? The DNA could have been transferred that way?

 

[girlhasnoname]

In addition to @MassGuy brilliant recap of coincidences of why BM gone'd Suzanne, her best friends SO daughters's wedding was going to take place on Sunday. Her and Suzanne had discussed that on the phone Fri and Sat IIRC?

No way would she have just slept through or skipped it. Well she did, but that was because she was already dead by BM's hands and BAM literally.

I have every confidence 99% that BM will be retried and convicted. Tick tock Barry...

JMO

 

[Megnut]

.

I think that DNA was transferred to the cap by the detective who handled it. If he didn't change his gloves and had touched other items in the laundry room, touch DNA could be transferred that way.

5/2/2023
Civil Action No. 23-1108
BARRY MORPHEW, Plaintiff pg 72/185:

View attachment 512968

Picture is worth a thousand words.

Whaddayawannabet the swab that led to the statistical matches to Suzanne and a daughter came from right there under the detective's glove? Who probably did 99.99% of the laundry at that house? So if the detective touched anything in and around that room, dryer, etc...

Thanks @MassGuy for the obvious explanation and @Seattle1 for the corresponding photos.

 

[Megnut]

5/2/2023
Civil Action No. 23-1108
BARRY MORPHEW, Plaintiff pg 72/185:

View attachment 512968

Remarkable that a detective would plant a sheath but not bother to roll it around on a sweaty muscle tank of Barry's before thinking to plant it in the dryer while simultaneously having the powers of divination to know Suzanne's body would be recovered and contain BAM.

What a ridiculous claim by IE! What would the motivation be? I know IE would have said something about "supporting their theory" but that only works of Suzanne's body is never recovered and the Toxicology report from her bone marrow doesn't make IE look really stoopid for asserting it was planted.

JMO

 

[Momofthreeboys]

Remarkable that a detective would plant a sheath but not bother to roll it around on a sweaty muscle tank of Barry's before thinking to plant it in the dryer while simultaneously having the powers of divination to know Suzanne's body would be recovered and contain BAM.

What a ridiculous claim by IE! What would the motivation be? I know IE would have said something about "supporting their theory" but that only works of Suzanne's body is never recovered and the Toxicology report from her bone marrow doesn't make IE look really stoopid for asserting it was planted.

JMO

At the time this interaction happened during the preliminary it made alot of sense for defense to question. Remember the prosecution premise was that BM had chased Suzanne around with a dart gun. The sheath located in the dryer during the second inspection was not a sheath that matched typical darts used for animal control so she correctly challenged it as her job requires. So not a ridiculous challenge at all at that time. If there is a second trial I am assuming prosecution presentation will be very different. What they have to do in a second trial for Murder is the same: they need to prove beyond a reasonable doubt that BM and BM alone murdered his wife and buried her in Moffat but I expect their arguments will fit what they now know and what they learned from challenges in the first attempt to get to trial. I have also speculated that its possible the new DA might go for manslaughter which might be slightly easier to prove given what we know....but we don't know everything so purely speculation from where I sit behind my computer.

 

[Waxahachie1]

Sigh - this is what i mean about alleging police corruption without evidence.

Why is this allowed?

Attorneys are prohibited by the Rules of Professional Conduct from making factual statements without a good faith belief that they are true. I don't know if any of the allegations in the complaint are true, or if we will ever get a resolution from the civil proceeding.

However, below are the paragraphs of the civil complaint leading up to #406-408, that explain how Morphew's attorneys describe and characterize the evidence. Again, the allegations are in support of their overall claim that key statements in the AA that led to Morphew's arrest were materially and deliberately falsified. I have highlighted in red the key paragraphs.


b. Needle Cover

396. The Arrest Affidavit states that a plastic needle cover was retrieved
from inside the clothes dryer.

397. Defendants used this to lend support to their statements in the
Arrest Affidavit that Barry killed Suzanne by shooting her with a tranquilizer dart.

398. The item reportedly retrieved from the dryer drum is a clear plastic hypodermic needle cover. That is how it was described by the CBI following their investigation.

399. However, Defendants authoring the Arrest Affidavit falsely called it a “a tranquilizer dart cap,” and “a dart or needle cap.” Arrest Affidavit, p. 2 and p. 10.

400. The reference to “a dart cap” was purposefully false and misleading. As described below, the words “purportedly retrieved” are used here because the Morphew home was searched on numerous occasions. The dryer had been searched and emptied and no needle cap was found. The needle cap was only found when Defendant Himshoot was at the Morphew home days later on May 19, 2020, when he randomly opened the drier and claimed to pull out the needle sheath that was not recovered when the drier was originally searched.

401. The below image is of the true animal tranquilizers that Defendant Himshoot found in the locked gun safe in Barry’s garage around May 13, 2020.

402. The tranquilizers in their package collected by Defendant Himshoot do not have caps or any type of cover whatsoever.

403. Defendants knew this well before drafting the Arrest Affidavit and purposely excluded that fact.

404. Defendants purposely mislead the judge about this information to support their bogus theory that Barry shot Suzanne with a dart gun by calling the item they found in the dryer a “a tranquilizer dart cap.”

c. Location of Needle Cover

405. Below is a photograph of the item that was reportedly found by
Defendant Himshoot on or about May 19, 2020 in the dryer at the Morphew home.

406. These photographs were taken by Defendant Carricato on May 19, 2020:

407. At the time of its “discovery,” it was photographed in the emptied out dryer drum not among or in any sheets:

408. Furthermore, Defendant Himshoot’s body worn camera on May 19, 2020 shows him entering the laundry room and opening an empty dryer and claiming to find the item as photographed above, and telling Defendant Carricato he was going to be “happy” with the discovery.

409. The Arrest Affidavit states that the needle cover was found wrapped in Mallory’s sheets.

410. That statement is false.

411. Furthermore, the Arrest Affidavit states that “SA Grusing said [to
Barry] the odd thing about the sheets and the house was that a tranquilizer dart had been fired ‘in or around the house.’” Arrest Affidavit, pp. 85-86.

412. Those statements were purposely included in the Arrest Affidavit to further mislead the judge.

413. The Arrest Affidavit does not disclose that CBI and CCSD Officers had already emptied the contents of the dryer sometime between May 11 and 15, 2020. This was 4-8 days before the needle cover was “found” in the empty dryer drum.

d. DNA on Needle Cover

414. Defendant Walker knew that no “dart” or “dart cap” had been found in the dryer because he personally handled that item, as evidenced by his DNA found on the item.

415. When Defendants authoring the Arrest Affidavit omitted the fact that Walker’s DNA, and not Suzanne’s, was on the item.

416. Again, these statements were false.

 

[Love Never Fails]

At the time this interaction happened during the preliminary it made alot of sense for defense to question. Remember the prosecution premise was that BM had chased Suzanne around with a dart gun. The sheath located in the dryer during the second inspection was not a sheath that matched typical darts used for animal control so she correctly challenged it as her job requires. So not a ridiculous challenge at all at that time. If there is a second trial I am assuming prosecution presentation will be very different. What they have to do in a second trial for Murder is the same: they need to prove beyond a reasonable doubt that BM and BM alone murdered his wife and buried her in Moffat but I expect their arguments will fit what they now know and what they learned from challenges in the first attempt to get to trial. I have also speculated that its possible the new DA might go for manslaughter which might be slightly easier to prove given what we know....but we don't know everything so purely speculation from where I sit behind my computer.

I don’t know the law so please forgive my ignorance but, doesn’t an intentional death deserve a murder charge? Isn’t manslaughter more of a charge resulting from accidental death? BM injected Suzanne with BAM, likely through her port. How is that not murder and how on earth could that be reduced to manslaughter?
A manslaughter charge would make the prosecutor look weak and stupid, imo.

 

[Nikynoo]

I propose we have some light learning, as in "...lightening things up".

The current doldrums are wearing, and so... - block the looming metaphor ! - ...I shall now take one oar in an attempt to escape this tangling sargassum...
___________________________________

So, what happens if Iris up and quits?
Were she to simply walk away - I can conjure a slew of good reasons, [read: "positives" FOR HER], - what powers-that-actually-are can compel her to return?
___________________________________

At least a second stroke is called for, lest I row in circles. Which is a lighten-up success of sorts. I suppose.

If Barry has no money to pay her, he will be appointed a public defender.

 

[Momofthreeboys]

I don’t know the law so please forgive my ignorance but, doesn’t an intentional death deserve a murder charge? Isn’t manslaughter more of a charge resulting from accidental death? BM injected Suzanne with BAM, likely through her port. How is that not murder and how on earth could that be reduced to manslaughter?
A manslaughter charge would make the prosecutor look weak and stupid, imo.

I don't think it would be stupid IF their case supports manslaughter "better" and they feel it would more likely end in a conviction. I suggest prosecution's main intent is to convince all the jury members to vote guilty and to get BM in prison. In Colorado manslaughter occurs when someone recklessly causes another person's death. We have no idea if BM injected Suzanne with BAM through her port -- that is speculation on how one way BAM may have gotten into her system.

 

[Waxahachie1]

Obviously his attorneys knew that before Suzanne’s body was even found, so was their end game a settlement or what?

Every plaintiff's attorney hopes for a settlement, of course. The size, scope, and detail of the complaint, the multiple legal claims, the large number of defendants, all add to the potential cost of defense. There is always potential that one or more of the individual defendants will provide testimony damaging to others, raising the risk of an adverse verdict. They were hoping for evidentiary (and political) gifts from the OARC investigations and hearings. All the defendants are - or are indemnified by - self insured public entities that have to watch their pennies and that are subject to political pressures. The number of successful suits against law enforcement seems to have increased recently, resulting in large settlements. The attorneys were hoping a combination of these would produce a settlement, if they could get beyond the immunity defenses that would inevitably be the first line of defense. Lead counsel is a specialist in this kind of case - very skilled, very confident.

The wild card was the ongoing search for Suzanne's remains. Barry knew from Stanley's motion to withdraw that they were looking at high altitudes, and that she would not be found there, so he was confident in his decision to move forward. Eytan was confident that she could defeat any effort by the 11th District to re-file.

Then Suzanne was found. In a different district with a very competent DA. With deer tranquilizer in her bones. Many trips to the commode later, here we all are...

P.S. - Dru Nielsen successfully prosecuted one of these civil cases for false arrest, etc. within the last few years, getting a very large jury award. She is a superb trial lawyer. It would have been the logical course for her to take Morphew's case. I infer from the circumstances that she turned it down. Hmm.

 

[Waxahachie1]

I don't think it would be stupid IF their case supports manslaughter "better" and they feel it would more likely end in a conviction. I suggest prosecution's main intent is to convince all the jury members to vote guilty and to get BM in prison. In Colorado manslaughter occurs when someone recklessly causes another person's death. We have no idea if BM injected Suzanne with BAM through her port -- that is speculation on how one way BAM may have gotten into her system.

The prosecutor would have the option to add the "lesser included charges" of Second Degree Murder (knowingly causing death) and Voluntary Manslaughter ("heat of passion" killing) in the indictment, and allowing the jury to consider all of them. I doubt they would forego the more serious charges entirely. Too much evidence of deliberation and intent.

 

[Nikynoo]

Thanks. One theory/speculation I have thought of as to how SM and daughter’s DNA possibly got on the needle cap-
BM wearing gloves, perhaps the fitted latex kind, quickly loaded the syringe in the garage on his workbench and/or grabbed possible pre-loaded syringe from wherever it was stored in garage (somewhere on or near his workbench I’d think).
I can see him keeping the needle cap secured on top of it until he caught up to/was up close to Suzanne and ready to stab/inject her cuz dangerous to be running around with an uncapped/exposed needle as in,
if he tripped or fell or something like that, exposed needle could end up stabbing him, so I think he would have been cautious in that regard and kept the needle capped till right before he was ready to use it to inject Suzanne.

BM arrives at master bedroom door (still has the gloves on) busts door in, struggle ensues. Suzanne is trying to fight him off/fighting for her life. Suzanne’s arms/hands are flailing trying with all her might to break free (fingernail gauges on BM’s arm), sees the capped syringe in his hand, reaches for it trying to either grab it or knock it away and one of her her hands/fingertips touch or brushes the cap before he removes it. This would explain SM’s DNA on the cap. And if she had touched and/or used something of MM2’s earlier that day, MM2’s DNA ended up on the cap via transfer.

ETA- not sure what the prosecution will present but based on LS comment that they changed their original theory of the case, I’m leaning more towards manual injection theory and this is just one possibility/scenario I’ve considered about how SM and daughter’s DNA got on the needle cap.

IMHOO

#JusticeForSuzanne

Quick question, would DNA survive a wash and dry cycle?

 

[Diddian]

Quick question, would DNA survive a wash and dry cycle?

I can’t answer your question, but wasn’t the dart needle cover located in the dryer’s lint trap and it fell into the empty dryer when the officer removed the lint trap? I’m assuming this dryer is one of those where the lint trap is accessible only when the dryer’s door is opened.

If so, then it is possible it did not spend much time tumbling around in the heat with the other dryer contents, but fairly quickly transferred to the lint trap. It may have picked up SM’s and daughter’s DNA from other dryer contents or from other contents in the lint trap.

Also, while BM’s shorts (with pockets) were found in the dryer with the sheets from the older daughter’s bed, that does not necessarily mean those shorts (and the needle cap, if in the pocket of the shorts) went through a wash cycle before being placed in the dryer. For example, BM could have hand-washed or hand-rinsed them or even could have taken a shower with them on and then tossed them into the dryer with whatever was already sitting in the dryer.

 

[Megnut]

Thank goodness the house was locked down so fast.

We'd be in a very different place if Barry discovered the syringe cap. Of course, he might only have found it in the same way the detective did, in removing the lint trap and dislodging it. We don't know that Barry knows how to care for lint traps. He might have missed that page in his fire safety training and started the whole on fire for failing to clean it. Regardless, what a lucky find by LE.

It makes sense that LE would think in terms of a dart and a tranquilizer gun. Buttressed by Barry's admissions of owning, using, firing and disposing. That WAS their working theory at the time of the AA.

Later, they revised the theory, recognizing that the weapon Barry said he used to tranq deer wasn't capable of firing darts. They don't know HOW he got BAM into her, they just know he did, and now the autopsy/toxicology report bears that out.

And @MassGuy is spot on, he didn't need a gun. Didn't need a dart. The syringe was an effective, deadly weapon in its own right.

We may never know the how, but if he got her in a one-armed bear hug, he could have pushed the syringe cover off as he pulled the syringe from his pocket. What he did with it with the syringe itself, is anyone's guess. Unprotected needle, you'd think he'd have noticed fairly quickly.

Apparently he didn't leave it with her unless LE later recovered it near the grave or an animal relocated it beyond the search perimeter.

Maybe he added it to his stash to be trashed and wasn't worried about sticking himself.

No hurdle for the State IMO.

The BAM in her bone marrow speaks for itself.

JMO

 

[MonteCarlo]

Exactly, he even admitted it made him look bad, and it helped form the theory that he tranquilized Suzanne.

I’m just glad that Iris can’t claim it was planted anymore. I mean she can, and I’m sure she will, but it’s beyond silly based on the autopsy results, which even she is not disputing.

Interestingly enough, IE claimed the caffeine in her system proved she had coffee sunday morning ( smh ) and that 'allegedly' there was BAM in her system.... why trust the caffeine result but question the BAM result?

IE also stated that we need to question all ranchers and veterinarians in the area the knew SM was at home alone that day. LOL

 

[MassGuy]

Interestingly enough, IE claimed the caffeine in her system proved she had coffee sunday morning ( smh ) and that 'allegedly' there was BAM in her system.... why trust the caffeine result but question the BAM result?

IE also stated that we need to question all ranchers and veterinarians in the area the knew SM was at home alone that day. LOL

That “allegedly” comment came from Jane, who is Iris’ partner in crime here. And lol, yeah, allegedly BAM but definitely had coffee that morning.

I mean, she would have had coffee that morning, just not the morning Iris and Jane are referring to.

And don’t forget the biking clothes that she “dressed herself in.”

The fact that the sweatshirt wasn’t “biking clothes,” notwithstanding.