Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85

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Barry Morphew attorneys to sue case investigators for false arrest, defamation

Legal papers sent this week allege prosecutors purposefully kept the identity of a sex offender tied to evidence in a Chaffee County killing from murder suspect Barry Morphew’s defense team.

The move comes after a lengthy evidence hearing led to a judge ruling Morphew should stand trial in the death of his wife, Suzanne Morphew, who was reported missing on Mother's Day, 2020. The attorneys allege alleges deputies and prosecutors withheld the identity of a person tied to DNA found on the glovebox of Suzanne Morphew’s Ranger Rover.

The documents contend law enforcement and prosecutors could face civil liability for defamation and false arrest under new Colorado laws that in some cases lift legal shields that protect police from lawsuits.

In the notice, Morphew listed 26 investigators he intends to sue in “both their individual and official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley and agents from the FBI and Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead and looks for other possible killers before focusing on Morphew.

This is hilarious. They're acting as if this evidence is exculpatory in some way. They could have the DNA of a serial killer and it doesn't let Barry off the hook.

In any event, it's going to be huge for the prosecution if they can in fact identify this person conclusively.
 
Is this Barry’s attempt at a fundraiser?

The lawyers behind the defamation suit are Fisher & Byrialsen. According to their website, they represented The Central Park Five.

The Central Park Five's Long Legal Nightmare Ends As Judge Approves $41 Million Settlement

Denver Criminal Defense Attorneys | Civil Rights Attorneys | Law Offices of Fisher and Byrialsen

The Central Park Five's Long Legal Nightmare Is Over

Come on......BM has to find a way to get more money! He doesn't have a business he can sell over and over again.

Poor Suzanne!
RIP, dear. You certainly deserve peace after spending your life with such a loser.

IMHO
 
I agree, over-reaching. They can't discount the mountains of circumstantial evidence against BM. This is not false arrest IMO.
100%
Over reaching is an understatement
IMO total BS
Trying to capitalize on the total ignorance of so many when it comes to dna and specifically the dna on the glove box. Obfuscation.
Smoke and mirrors.
Maybe next BM will take a page out of Maya Millett’s husband’s book, another wife killer IMO , and consult with some “spell casters”. Might be a better use of his murdered wife’s money
IMO
 
I agree, @sk716. I wanted to believe it was an ATV for a long time with a big cooler on board containing SM’s body. I just thought it was more maneuverable than a Bobcat going up the steep grades. Then, I came to the same conclusion as you because you need the Bobcat for digging in that rocky terrain and moving boulders from the front of mines. The body could still be carried in a cooler in the bucket of the Bobcat and BM could step on it in his bare feet to push her out.
Several friends have said he could “do anything” with a Bobcat.

I looked up the noise level of a Bobcat skid steer. The manufacturer says it's 86 dB inside the thing (operator's perspective) or 96 dB total (someone standing just outside the machine's perspective). That's pretty loud, roughly as loud as a tablesaw. Would a neighbor in residence notice this noise if operating 1 mile away?
 
Barry contacted Tim K. out of the blue on 5/9 at 1:46 pm about buying the backhoe attachment for a skid steer that they discussed 8+/- months prior (Page 53 of AA). Leads me to believe he was mulling his options for disposing of Suzanne and hadn't done any prior site prep. If he needed the backhoe for a legit job, how come he never contacted Tim again after that?

If he prepared a remote site in the mountains, how did he get his equipment there without leaving a trail and without being noticed? And then how did he get back there with Suzanne and whatever equipment was needed to finish the job without leaving a trace or making a lot of noise with gas powered equipment or an ATV?

If he used a gas powered auger it would take a lot of work to dig a deep, wide hole in hard, rocky, potentially frozen terrain. Auger, remove rocks, auger some more, remove more rocks, etc.

Searches on public lands are one thing, searches on private property would require permission from the owner and/or a warrant.

JMO
Why purchase something you can just borrow.....trying to think like a "cheapskate". moo
 
On the DNA topic, I see the DOJ had published a guide for the defense on how to deal with DNA evidence. It includes a section on partial DNA matches. It's called DNA for the Defense Bar.

Do similar guides exist for the prosecution? Or maybe a guide for explaining DNA in layman's terms?
 
I daresay BM may have had easy access to nearby garages as well.

JMO
I can say being in the Janitorial Business that we do have access to entire homes. Just saying.
I need to work, that's not my way of doing things but I see how easily it would be to take advantage of that thinking the homeowners wouldn't have a clue. Jmoo
 
I haven't been able to keep up with the case this week. Did SD recover from Covid and have her hearing? If so, what was said at the hearing? Thank you. Oh, and who is PG? Thanks everyone.
I was not aware that SD had Covid since she seemed healthy yesterday. SD had a hearing in Chaffee County District Court on 10/18 initiated by her former neighbor "PG" when she filed a petition for a civil protection order against SD on 9/29/21. The following is a recap of my recollection of the Webex hearing.

As there is no recording/video of the WebEx court hearing, the following statements are my opinion only of today's hearing requested by a local, female (i.e., "victim G") requesting a permanent civil protection order against SD.

1) SD resided at the same 4-plex as victim G until December 2020.

2) At some time during her 2020 tenancy, SD was a party to a domestic violence incident at the complex. It was made clear during the hearing that the DV call did not involve victim G, and that victim G is not on any related civil or criminal witness list.

3) The landlord of the 4-plex testified that he received complaints about SD from the neighbors during her tenancy but it was not until Sept 2021 that he advised SD that she was not welcome at the 4-plex, and she should not be on the property or bother the tenants.

4) In denying victim G's request for a permanent restraining order, the Court stated that it appeared that SD has honored the landlord's request and has not been to the property since Sept 2021. (Victim G failed to prove to the court the requirements met for the civil protection order).

5) IMO, the following incident testified by victim G was the most relevant:

SD texted victim G that she was in possession of her FedEx package. In the same text, SD also offered victim G and her family packages of unopened hotdogs and sausages. It seemed victim G collected her package from SD without incident but when she later checked the tracking of her package, she found SD allegedly had the package for two days before notifying victim G. Given the latest incident at PP involving SD and FedEx package, not alleging SD a porch pirate but makes one wonder about her habit of collecting packages belonging to others!

IMO, SD sounds like a hothead and a bully -- and very well-suited for BM. :rolleyes:
 
DNA. Education, Prosecutors & Laypeople?
On the DNA topic, I see the DOJ had published a guide for the defense on how to deal with DNA evidence. It includes a section on partial DNA matches. It's called DNA for the Defense Bar.
Do similar guides exist for the prosecution? Or maybe a guide for explaining DNA in layman's terms?
@DellaC
192 page publication from 2012 "DNA for the Defense Bar" - https://www.ojp.gov/pdffiles1/nij/237975.pdf

A Google search "dept of justice dna prosecutor training materials" provided many hits.

For ex, a 2016 publication summarized: "
Principles of Forensic DNA for Officers of the Court” is a 15-module -tutorial developed to educate prosecutors, defense attorneys, and judges on DNA analysis and the legal issues surrounding the use of DNA in the courtroom. Although developed with the criminal justice community in mind, the course, which can be accessed at www.dna.gov, will also interest the general public." bbm

BTW, result w
www.dna.gov: "This site can’t be reached." But I believe DOJ has other "plain language" info lay people/gen public, at least insofar as DNA can be explained in plain language.;)
 
I was not aware that SD had Covid since she seemed healthy yesterday. SD had a hearing in Chaffee County District Court on 10/18 initiated by her former neighbor "PG" when she filed a petition for a civil protection order against SD on 9/29/21. The following is a recap of my recollection of the Webex hearing.
IMO MK of PE is the only one who said SD had Covid. I believe he had some bad intel on that. He’s been reporting from Latvia, Germany and Poland the past week and even said he had very unreliable internet and was relying on his back office for news from the U.S.
 
My suspicions exactly!
Out of town/state owners of short or long term rentals or neighbors/friends known to be out of town Mother’s Day weekend ?
I have key code access to my clients homes and know their schedules well, what vehicles they own and much more
I imagine BM’s winter plowing and landscaping (rock rearranging) gave him access
Say an old jeep?
MHOO

I was considering the Old Jeep that was once photographed at the Morphew residence, I believe. However, a quick scan of the archive kept by @AmandaReckonwith proved unfruitful for me in locating the image.

I believe the Jeep was owned by the 200 tours of duty, GD. If his home's for sale. would that indicate he's moving elsewhere?

Photobucket

 
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NEW- Source of unknown male DNA revealed in letter from Barry Morphew attorneys promising to sue case investigators for false arrest, defamation denvergazette.com/premium/barry-… via @dnvrgazette


https://twitter.com/carolamckinley/status/1450619956874268673?s=21

Well, isn't this just delicious.

How do you sue investigators for doing their job?

False arrest? So we are just going to ignore all the circumstantial evidence, Barry?

If I didn't feel so overwhelmingly sad for Suzanne Morphew, this case would be hilarious.

After listening to yesterday's hearing, I have really lost my confidence in SM ever finding some justice for her horrific murder. It's all so bizarre. What a mockery BM (and his supporters) have made of it! :mad::(
 
Is this Barry’s attempt at a fundraiser?

The lawyers behind the defamation suit are Fisher & Byrialsen. According to their website, they represented The Central Park Five.

The Central Park Five's Long Legal Nightmare Ends As Judge Approves $41 Million Settlement

Denver Criminal Defense Attorneys | Civil Rights Attorneys | Law Offices of Fisher and Byrialsen

The Central Park Five's Long Legal Nightmare Is Over
I doubt it. This would have surely been the defense's idea, and it's purpose probably isn't to win.

It creates news, and helps the defense when it comes to influencing future jurors. It changes the narrative, and will generate favorable publicity.

It is absolutely impossible for this DNA to actually be exculpatory. It wasn't exculpatory when it had yet to be identified, and it isn't exculpatory now that it has.

Also, this was in her car, and not in her bicycle or something relevant.

I can't wait to find out who this guy is though, and I'm confident he'll be able to be excluded.

I see this as a move projecting weakness, but smart nonetheless.
 
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