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

[Love Never Fails]

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

Thanks. I have the same view except I have no legal experience. I do believe the threat of this charge will hang over his head continually. I also see him residing on an island somewhere away from CO until he is charged.
With all I read in the AA, he knows he is guilty.
I do wish the AA would have been written in a clear and precise format so as not to receive criticism from the judge.
I also don’t know how I feel about DA Stanley’s professionalism. I don’t mean to be critical. But it seems her entire staff is taking heat for the mistakes and the buck stops with her. Maybe the entire staff deserve it but maybe she was the one making the calls.

 

[OldCop]

Anyone know where the washed out road goes?

The route he said the elk take.

What's 6 miles down that path?

It is less than 500 feet from the intersection of 225 and 50 where BM made the left turn.
It is It is less than 3 miles to the Garfield turn around spot. There are plenty of places to turn around before that.
I’m posting a couple of maps. The pullback shows the area north of Hwy 50 by the washed out road, (marked by the X). I don’t know how accessible this area is by vehicle.

 

[crhedBngr]

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

I believe this is close to White Pines Cemetary.

CO - CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #43

 

[OldCop]

@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!

Here ya go @LandManatee. It is Station #5. Remember when the PE guys kept hinting that the number 5 had big significance in the case?

 

[WingsOverTX]

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?

You gave me hope with the above BBM statement by May. I had missed that. MOO

Could this be the sanctions doc you are looking for or have you already seen this one?

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/ORDER RE_ DEFENDANT'S RENEWED MOTION FOR DISCOVERY AND CONTEMPT SANCTIONS AND FORTHWITH HEARING [D-17A] SUPPLEMENT [D-17B] SUPPLEMENT [D-17-C] SUPPLEMENT AND [D-17D] SUPPLEMENT.pdf

 

[Diddian]

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

Maybe his blood sugar was low.

 

[Love Never Fails]

Maybe his blood sugar was low.

And maybe he was physically exhausted from thinking of the crime he had committed against the mother of his children.

 

[Love Never Fails]

Here ya go @LandManatee. It is Station #5. Remember when the PE guys kept hinting that the number 5 had big significance in the case?

I can see where he would have gotten several ideas to bury a body so it couldn’t be found as he expressed to MG.

 

[WingsOverTX]

It is less than 500 feet from the intersection of 225 and 50 where BM made the left turn.
It is It is less than 3 miles to the Garfield turn around spot. There are plenty of places to turn around before that.
I’m posting a couple of maps. The pullback shows the area north of Hwy 50 by the washed out road, (marked by the X). I don’t know how accessible this area is by vehicle.

Just stepping in to offer kudos to @OldCop for the map forensics. Your work is valuable and appreciated!
MOO

 

[Diddian]

And maybe he was physically exhausted from thinking of the crime he had committed against the mother of his children.

Unfortunately, I don't think that's they way he rolls.

I also seriously doubt BM has diabetes. At worst, he may be pre-diabetic, Type II. And I'd be shocked if he were on insulin injections and allowed to work as a volunteer firefighter. Diabetics cannot cool their bodies when exposed to heat like non-diabetics can.

 

[waldojabba]

The prosecutors were clear about why they moved to dismiss the charges—they don’t have enough evidence for a conviction. If the trial was held this month they would lose. In fact, they appear to have no real evidence even that Suzanne is dead (I believe she is, but they can’t prove it), much less that Barry killed her. And the evidence they do have implicates people other than Barry. The arrest was extremely premature and prosecutors are now paying the price for their reckless arrest. I suspect heads will eventually roll for this one.

https://www.thedenverchannel.com/ne...s-motion-to-dismiss-barry-morphew-murder-case

BBM I am a little behind so maybe someone has already called this out. Are you are basing your statement bolded above on Iris' press conference? If so it was full of missrepresentations. There was no DNA pointing anywhere else. LE had already debunked all of Iris' DNA suppositions. Iris chose not to mention that in her press conference.

 

[WingsOverTX]

Maybe his blood sugar was low.

LOL - if this is near where her body is located, all of his vitals probably went into the danger zone at that moment.
JMO

 

[Love Never Fails]

Unfortunately, I don't think that's they way he rolls.

I also seriously doubt BM has diabetes. At worst, he may be pre-diabetic, Type II. And I'd be shocked if he were on insulin injections and allowed to work as a volunteer firefighter. Diabetics cannot cool their bodies when exposed to heat like non-diabetics can.

Agree with all you said. I was being sarcastic. If anything he was likely thinking of his good fortune in getting away with murder.

 

[EggSalad]

@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!

IIRC, it’s Chaffee County Firehouse #5 and it’s right in Maysville off Hwy 50.

Here is a link that contains a map of the location.

Station 5 | Chaffee County Fire

 

[10ofRods]

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?

Depends on when the "evidence" was found and in what form.

Investigative deductions are not evidence. Ground penetrating radar (without the body found yet) is not evidence, as there would be no current plans to bring it into the impending trial.

If the "evidence" is actually testimony, then the prosecution merely has to put the witness's name on their list (there were 187 witnesses, initially - and still lots of names on that witness list). We do not know what the various witnesses were going to be called to testify about. One of them, in particular, is very interesting to me, but even MG might have things to say that we don't know about.

Eytan had her client to talk to about what all those witnesses might know. Defense is not entitled to approach witnesses and ask what they are going to say. Defense is not entitled to know what specific questions the witnesses will be asked. They have to guess at what the two daughters were going to be asked. Presumably neither daughter has spoken to prosecutors (although they spoke to LE on the day Suzanne went missing - they could be asked many more questions on the stand).

Was GD (I think that's the right initials - the neighbor who allowed Barry to stay in his nearby AirBnB) on the list? Anyone know?

 

[OldCop]

Just stepping in to offer kudos to @OldCop for the map forensics. Your work is valuable and appreciated!
MOO

Why thank you, @WingsOverTX.

 

[Diddian]

Depends on when the "evidence" was found and in what form.

Investigative deductions are not evidence. Ground penetrating radar (without the body found yet) is not evidence, as there would be no current plans to bring it into the impending trial.

If the "evidence" is actually testimony, then the prosecution merely has to put the witness's name on their list (there were 187 witnesses, initially - and still lots of names on that witness list). We do not know what the various witnesses were going to be called to testify about. One of them, in particular, is very interesting to me, but even MG might have things to say that we don't know about.

Eytan had her client to talk to about what all those witnesses might know. Defense is not entitled to approach witnesses and ask what they are going to say. Defense is not entitled to know what specific questions the witnesses will be asked. They have to guess at what the two daughters were going to be asked. Presumably neither daughter has spoken to prosecutors (although they spoke to LE on the day Suzanne went missing - they could be asked many more questions on the stand).

Was GD (I think that's the right initials - the neighbor who allowed Barry to stay in his nearby AirBnB) on the list? Anyone know?

I thought those initials were "PC," not GD.

 

[FromGermany1]

IIRC, it’s Chaffee County Firehouse #5 and it’s right in Maysville off Hwy 50.

Here is a link that contains a map of the location.

Station 5 | Chaffee County Fire

bbm

Remembering that mysterious number ..........

 

[Nikynoo]

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?

I'll reach out to my contacts and see if they have any pointers.

 

[OldCop]

Depends on when the "evidence" was found and in what form.

Investigative deductions are not evidence. Ground penetrating radar (without the body found yet) is not evidence, as there would be no current plans to bring it into the impending trial.

If the "evidence" is actually testimony, then the prosecution merely has to put the witness's name on their list (there were 187 witnesses, initially - and still lots of names on that witness list). We do not know what the various witnesses were going to be called to testify about. One of them, in particular, is very interesting to me, but even MG might have things to say that we don't know about.

Eytan had her client to talk to about what all those witnesses might know. Defense is not entitled to approach witnesses and ask what they are going to say. Defense is not entitled to know what specific questions the witnesses will be asked. They have to guess at what the two daughters were going to be asked. Presumably neither daughter has spoken to prosecutors (although they spoke to LE on the day Suzanne went missing - they could be asked many more questions on the stand).

Was GD (I think that's the right initials - the neighbor who allowed Barry to stay in his nearby AirBnB) on the list? Anyone know?

RBBM
GD is BM’s 400 tours buddy.
BM initially stayed with the Ritters who made the 911 call to report SM missing. Once LE seized BM’s home and it was clear that it was going to be more than a few days, BM moved over to stay with GD who lived up the road near where the Firecamp is. I often wonder if there was any tension between BM and the Ritters in the days following SM’s disappearance. Remember, they got a stay away order against BM when he was released on bail.
AM stayed at the AirBnB which is almost across the way from the Morphews driveway. It is owned by the Cushmans. It is the home where BM has been living with his hugger, SD.