Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #100 *Case dismissed w/o Prejudice*

[rainbowshummingbird]

If I’m understanding the most recent court decisions, the prosecution need to uncover new evidence in order to recharge Barry for murder? And then the DA will have to appeal the courts decision to disallow experts’ testimony? I’m happy that the case was dismissed without prejudice, but I’m concerned that Barry won’t be recharged if Suzanne’s remains aren’t recovered.

 

[EggSalad]

I am not convinced that SM’s burial place is Garfield Mine. BM dropped the bike and the helmet like a trail of breadcrumbs to highlight the abductor theory and, I believe, to misdirect the investigation to the opposite direction of where SM’s body was secreted. Look over here, not over there.
The area south and east of the Puma Path home is a vast, mountainous, wilderness area with ATV trails and also a couple of mines. BM actually mentioned these mines in one of his conversations with Grusing stating that they were closed off and/or not accessible. This tells me he has been up in this area. To me this area would be more tempting to use as a burial spot. There are no homes between there and Puma Path. There is much less foot traffic up there to stumble upon a body. Why risk bringing a body out on a main highway when you could slink off into the woods behind your home?
Did BM throw SM’s body down a mineshaft? I’m not so sure. He told MG he could bury a body that would never be found. I think of burying as placing a body beneath the ground and covered by dirt or other debris; not the same as dropping one down a mineshaft or throwing it off a cliff or into a ravine, or even into a river or some other body of water.

I 100% follow you and that location/area was my thought all along.

The only counter to that is that BM isn’t that smart. He placed himself at the location of the bike at like 3am via phone data, then he places himself near the helmet with a fabricated story about Elk shedding and he places himself doing a U-turn at the mine.

I’m not sure we have the answer to this but I’d be very curious how it is possible for 18.2 miles and however many minutes to be completely unaccounted for on someone’s vehicle.

 

[Scootie98]

The main reason the state wanted to dismiss was because the judge had ruled that 12 of their 14 expert witnesses would not be able to testify.

That was a sanction he gave because the state was late on delivering the Discovery evidence over to the defense. So his punishment to the state was to deny their expert witnesses. Of course, that makes it very hard, if not impossible, to win their case.

I thought they were going to appeal that decision and ask for more time until the decision was made.

The nature, volume and patterns of the evidence in this case specifically calls for expert witnesses. The prosecution's case, without said witnesses is gutted, and reasonable doubt is much more attainable.

 

[Scootie98]

I think the simplest answer is actually the one in the motion.

They expect to find the body, in which case the appeal still doesn't help them.

I am curious...hoping a legal type can fill in the blanks. If there is "new" evidence which has been identified, and is the basis for the state's declaration that they believe they are much closer to finding Suzanne....how and why is this specific evidence not provided to the defense, prior to this dismissal? Or....would it have been required and provided already?

 

[Scootie98]

I am not convinced that SM’s burial place is Garfield Mine. BM dropped the bike and the helmet like a trail of breadcrumbs to highlight the abductor theory and, I believe, to misdirect the investigation to the opposite direction of where SM’s body was secreted. Look over here, not over there.
The area south and east of the Puma Path home is a vast, mountainous, wilderness area with ATV trails and also a couple of mines. BM actually mentioned these mines in one of his conversations with Grusing stating that they were closed off and/or not accessible. This tells me he has been up in this area. To me this area would be more tempting to use as a burial spot. There are no homes between there and Puma Path. There is much less foot traffic up there to stumble upon a body. Why risk bringing a body out on a main highway when you could slink off into the woods behind your home?
Did BM throw SM’s body down a mineshaft? I’m not so sure. He told MG he could bury a body that would never be found. I think of burying as placing a body beneath the ground and covered by dirt or other debris; not the same as dropping one down a mineshaft or throwing it off a cliff or into a ravine, or even into a river or some other body of water.

I haven't read the transcripts of the hearing this week. Did the prosecution specify "Garfield Mine" area as their point of interest?

 

[Nikynoo]

I am curious...hoping a legal type can fill in the blanks. If there is "new" evidence which has been identified, and is the basis for the state's declaration that they believe they are much closer to finding Suzanne....how and why is this specific evidence not provided to the defense, prior to this dismissal? Or....would it have been required and provided already?

In her interview after the dismissal IE stated that the defence had seen no such evidence. So IF there is any evidence as to the suspected location of Suzanne, it has not been shared with the defence.

 

[Nikynoo]

I haven't read the transcripts of the hearing this week. Did the prosecution specify "Garfield Mine" area as their point of interest?

No - the prosecution said 'near the Morphew home'. MSM picked up on Garfield Mine.

 

[scapa]

She also disclosed that Suzanne had a port. I don't remember if we already knew that or not?

She would have had a port, certainly, during chemo and follow-up treatment. But given her medical status at the time of her death I don't see any reason she would have still had a port, and in any case you're likely using a 10 ml for a PICC flush or 5-10 for port injections, maybe using a smaller syringe to draw and then feed into a fill needle, etc. Smaller syringes tend to generate more pressure, so you will usually see instructions regarding max pressure in PICC line/ port applications.

It would be pretty simple to distinguish between a tranq or standard meds syringe and sheath. (Note: while I am a doc I am not an oncologist).

And I am extremely surprised to hear a statement that concerning BM as a T1 diabetic prescribed insulin. And when I say "surprised" to hear that BM was an insulin user at the time of SM's disappearance what I really mean is "Was he, boll*cks!"

Classic courthouse steps clickbait, IMO. Hoping for a stronger, more leakproof case refiled by a top-shelf prosecutor as and when it can be properly assembled. Keep the faith folks. Someday soon we will be back in "Well, exactly" territory.

 

[OldCop]

I haven't read the transcripts of the hearing this week. Did the prosecution specify "Garfield Mine" area as their point of interest?

No, @Scootie98, it was the good ole Daily Mail who are known for great photos, but not so much accurate reporting.
Barry Morphew's murder trial is dismissed | Daily Mail Online

 

[CGray123]

MSM sources have suggested that Judge L's case-crippling sanctions against the prosecution are "rare." I cannot find among my contacts anyone who has ever seen such extensive sanctions imposed. Some of my contacts have over 25 years experience in criminal and civil litigation.

This suggests to me that either Judge L's decision making is significantly outside the norm for his peers, or the prosecutors' conduct was.

I take seriously Dan May's suggestion that Linda Stanley prematurely dismissed the case, foregoing an opportunity to appeal the exclusion order (and, if IIRC, suspending the speedy trial limit while the appeal was pending). He also suggested that Judge L committed reversible error in his ruling.

I hope there is more public discussion about these issues. To @gitana1 and @Nikynoo, is there any way to learn more about them?

Did Judge L issue a written decision on sanctions, with findings of fact as to the conduct he based it on? If so, is it published somewhere?

 

[gitana1]

Phew, just got off the roller coaster ride I've been on since seeing the news of the dismissal and catching up here!

At first, I panicked because I could not remember if without prejudice meant it could be filed again or if it meant it could not be, so once I got over that, I calmed down a little bit.

After reading all the great analysis here, the pros and cons, I have some disappointment that there still will be challenges with getting expert witnesses in, but have some hope that they really will be able to find Suzanne's body and especially, that they put a fly in Barry's celebration ointment.

I hope he is plagued with worry and anxiety every day about the possibility of them finding the body, and wondering when it is going to happen.

The less said about the defense team post-dismissal performance the better. The kissing, the lying, the skipping by the girls (could that BE anymore contrived? Are they 4 years old?), just UGH!

I’m glad I missed that. The only thing I saw was the photo of him and his daughters gleefully leaving court. Horrible to see the daughters of a murdered woman hand in hand with her murderer, ecstatic that he’s free.

 

[girlhasnoname]

Does anyone know where this location was said to have been? BARE sprawled out like he's dying is quite interesting here to me.

 

[gitana1]

The children are victims too, whether or not they know it. Hopefully someday they realize that.
Until then, I’ll show them grace. And I’m certainly not going to sit here and judge their clothing. MOO

Yeah. That’s sexist and gross. IMO.

It’s jarring to see them so aligned with their mother’s murderer but they’re in an untenable situation. Who can blame them?

 

[girlhasnoname]

I 100% follow you and that location/area was my thought all along.

The only counter to that is that BM isn’t that smart. He placed himself at the location of the bike at like 3am via phone data, then he places himself near the helmet with a fabricated story about Elk shedding and he places himself doing a U-turn at the mine.

I’m not sure we have the answer to this but I’d be very curious how it is possible for 18.2 miles and however many minutes to be completely unaccounted for on someone’s vehicle.

RBBM And it kills me to even type this....

He has unfortunately been smart enough to hide Suzanne's remains from LE/CBI/FBI and numerous searches, public and private, over that vast area so far. Let's hope that changes soon.

He did not leave one shred of physical evidence of a murder at PP. I guess his true crime fascination and preplanning paid off for him here.

I'd even venture to say that had he shut his big trap, instead of giving 30+ hours of interviews, he might have gotten away with murder. Of course, LE and John Q Public would know that he was guilty, but I don't think they'd have had enough evidence without his mountain of lies and stupid trash runs.

So BARE can now sit out there realizing that HE shot himself in the proverbial foot. HE made a way for the State to come after him again, and this time nail his lying, misogynistic, narcissistic and fake religion spouter self to the wall.

Tick Tock BARE...

MOO

 

[Scootie98]

MSM sources have suggested that Judge L's case-crippling sanctions against the prosecution are "rare." I cannot find among my contacts anyone who has ever seen such extensive sanctions imposed. Some of my contacts have over 25 years experience in criminal and civil litigation.

This suggests to me that either Judge L's decision making is significantly outside the norm for his peers, or the prosecutors' conduct was.

I take seriously Dan May's suggestion that Linda Stanley prematurely dismissed the case, foregoing an opportunity to appeal the exclusion order (and, if IIRC, suspending the speedy trial limit while the appeal was pending). He also suggested that Judge L committed reversible error in his ruling.

I hope there is more public discussion about these issues. To @gitana1 and @Nikynoo, is there any way to learn more about them?

Did Judge L issue a written decision on sanctions, with findings of fact as to the conduct he based it on? If so, is it published somewhere?

The trial would have started in about a week....without the body. That is one departure from the "premature" argument.

 

[Kingsley]

However you look at it, that ruling would probably end up before the Supreme Court one way or the other... ie in the first instance court does not carry them over, then the defence will appeal?

To me the prosecution likely needs substantial new evidence or at least to be able to point to significant endeavours to get the charges refiled - then as you say, they stand a good chance arguing against the sanctions either in the refiling at first instance or on appeal.

Maybe a dumb question, but wouldn’t alternate witnesses with similar expertise be allowed in a new trial?

 

[Sillybilly]

ADMIN NOTE:

Stop trashing the Morphew daughters in any way. They are victims and were not on trial here.

 

[Seattle1]

Seattle, I would like your opinion as of tonight. Do you think the State will refile this case, with or without a body?

There is no statute of limitations on murder and forever is a long time.

I also believed that given the prosecution's phone, telematics, and DNA experts, this circumstantial case, in hands of jurors, would have resulted in a conviction.

At this time, the investigation is allowed to continue, and I believe CCSO and Sheriff Spezze are committed to the prosecution of BM and obtaining justice for SM.

While I won't say never, I will say that IMO, absent the body or new evidence, I'm not seeing the case refiled anytime soon.

More important, I don't view BM as a free man.

Not even close. MOO

 

[susiQ]

I am curious...hoping a legal type can fill in the blanks. If there is "new" evidence which has been identified, and is the basis for the state's declaration that they believe they are much closer to finding Suzanne....how and why is this specific evidence not provided to the defense, prior to this dismissal? Or....would it have been required and provided already?

Well, no legal expertise here Scootie98, but I’ll give you my .02

I suspect the defence has been aware of this “new” information for some time, graciously provided by the prosecution, hence IE’s dogged determination to get this case dismissed with prejudice asap! No delays!! Either that or get the trial over with before LE find Suzanne and hope for a hung jury or not guilty.

Unlike some here, I don’t believe the prosecution is “bluffing.” I think they have a solid lead and they are determined to follow through. Whatever ya’ll think about DA Stanley and the prosecution, I LOVE that they took the wind out of IE’s sail That, and the thought of BM squirming in his bed. As they say, “there’s no rest for the wicked,” right Bare, Bare??

 

[LandManatee]

@OldCop Do you happen to have a map that shows the location of the Firehouse BM volunteered at in relation to the PP home? I haven’t been able to find one or do not know which particular Firehouse he volunteered at.

It has been mentioned that he could have buried her in the mountainous region behind that Firehouse and I wanted to see what that location looks like exactly. Thanks!