Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #86

[mom2chloe]

BM was released from jail on September 20, 2020.

The October 13, 2020 hearing is where his Defense claimed the R’s aren’t worried about him living so close by.

https://twitter.com/laurenscharftv/status/1448406298756726789?s=21
#BarryMorphews defense asked Mrs. Ritter today if they were afraid of him and she said no. The Ritters are on the no-contact list and live near where Morphew was staying where no GPS was being detected on his ankle-monitor in Maysville.


I guess we’ll have to wait and see these documents to find out when in October this fence business came up. JMO

Interesting because I assume if the defense team had contacted the Ritters and either their efforts were never acknowledged or responded to would that be considered a good faith claim on defense’s part?@Seattle1 please and thanks. Any other circumstances where Defense could allege they’re not afraid despite they asked him to leave long enough to erect a wall of safety? Again thanks!

 

[steeltowngirl]

Those 30 some minutes of nothing from Suzanne are the most puzzling for me. What exactly was she doing? And why would BM not use that as the point in time that he had not seen her again rather than say he was with her that entire night. Something is not adding up in my mind.

He said he was with Suzanne all night as he needed time at the house to dispose of her body. He had to wait until Sunday to create the appearance of distance from her and have his image caught on camera to “prove” he was not there when she went on the alleged bike ride. He never thought the investigators would question his story of the bike ride and her disappearance as having occurred Sunday.

He certainly did not realize that LE would be able to pinpoint that her life ceased as early as Saturday afternoon - when he was still there at home alone with her. With the opportunity and motive to commit murder.

 

[Niner]

Lots went on since his last hearing - so will shorten this up a bit...

Tuesday, November 9th:
*Motions Hearing (Murder) & Status Hearing (Voter fraud) (@ 1:30pm MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial set to begin on 5/3/22 (thru 6/1/22).
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 8/9/21 to 8/24/21 & 9/17/21 (Prelim day 1 to 5) & info on his voter fraud from 5/13/21 to 9/20/21 reference post #12 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
10/6/21 Update: Court was advised of the monitoring problem. Prosecutors in Morphew’s murder case asked a judge last month to set stricter terms for his pretrial release from jail because an ankle monitor he is ordered to wear doesn't work in steep terrain west of Monarch Pass where he's been living. But the monitoring system doesn't work in areas where cellular service is spotty, leaving cops in the dark on the location of Morphew, who authorities say has been living in an area with no cellular service since his release. Prosecutors want a judge to order Morphew to move to a place where the monitoring system works. In her filing, Stanley points out that Morphew currently pays rent at a residence in Salida, Colorado, which is near the Chaffee County courthouse, within reach of cellphone towers. Also the prosecution doesn't want him living in that neighborhood, as the Ritters have a no contact order against him. Prosecutors want him to live there so they can keep tabs on his location. Prosecutor Stanley asked Judge Patrick Murphy to reconsider bail in the case, potentially threatening Morphew's freedom ahead of trial unless a compromise can be reached. Hearing for murder charge on 10/13/21. Motions hearing on 11/9/21 for both cases. DA Stanley has filed a motion with the court, requesting BM be prohibited from living in or around Maysville.
10/13/21 Update: Issues to be addressed: modify bond conditions, trial length, discovery inventory, & deadline for defense disclosures.
Link to State's Motion re bond conditions:
Barry Morphew Bond Conditions Motion | PDF
Court started off with the People’s motion to modify bond conditions. Pros says two connections are needed for GPS. One is a cell connection & the GPS goes blank when Morphew goes into the Maysville area. Judge Patrick Murphy will let him stay where he is even though it's so remote investigators can't track his ankle monitor. He'll have to check in for a download every day.
Jeanne Ritter as defense witness:
for more info see posts #70 to 73, 75, 77 & 80 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Discovery issues.
for more info see posts #98 & 100 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Discovery re inventory & deadlines.
for more info see post #108 & 119 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
The witness list will have to be provided to the court no later than 11/9/21 & the defense will have to do so by 3/4/22. They will have 35 days before trial starts to submit final lists & it is noted that all witnesses from both sides may not testify. Trial of Morphew scheduled for 5/3/22.
for more info see posts #123 & 129 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
for more info see post #142 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Judge sets a motions hearing for 1/24/22 & 1/25/22 & 2/8/22 will leave open for a hearing if they do not finish on those two allotted days. These dates for the motions hearing are about to change. Dru Nielsen, who is not in person today, says she is not available on those dates, so standby for new ones. Motion hearing 11/9/21 @ 1:30pm on discovery violations & contempt for violating the pretrial publicity order & status conference hearing for voter fraud on 11/9/21.
10/15/21: One of the prosecutors handling the murder trial of Morphew has resigned from the 11th Judicial District. Deputy District Attorney Jeff Lindsey's last day with the district is Friday, Nov. 5. District Attorney Linda Stanley told The Gazette that Lindsey is headed to Pueblo to work in the 10th Judicial District under DA Jeff Chostner.
10/20/21: 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 Morphew’s defense team. Source of unknown male DNA revealed in letter from Morphew attorneys promising to sue case investigators for false arrest, defamation. In the notice, Morphew listed 26 investigators he intends to sue in “both their individual & official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley & agents from the FBI & Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead & looks for other possible killers before focusing on Morphew. In a motions hearing scheduled for Tuesday afternoon, the defense plans to ask that the case against Morphew be dismissed based on discovery & pretrial publicity issues.
11/8/21 Update: District Judge Patrick Murphy on Monday released hundreds of pages of documents in the case against Barry Morphew. Documents date from 5/5/21 thru 11/5/21 show 454 pages of motions & orders that until Monday had not been made public, including the prosecution’s over 500-person witness list. On that list are the Morphews' two daughters & people who were close to the couple including siblings, neighbors, family friends & numerous investigators from the FBI, Homeland Security, the Colorado Bureau of Investigation & Chaffee County sheriff's deputies. Bloodhound trackers are also scheduled to testify. Also on the witness list is Suzanne's lover of two years, Jeff Libler, whom she knew from high school & started contacting by text message when the couple moved to Colorado from Indiana in 2018. The documents also show a fight between Morphew's attorneys over DNA, which was found on the glove box of Suzanne's Range Rover. The defense said the DNA belongs to a sex offender who lives in Prescott, Arizona. Morphew's attorneys contend that the prosecution knew about the possible suspect & didn't let them know about it until after the four-day evidentiary hearings this past August. Also revealed in the documents are protection orders from neighbors, Suzanne’s family & friends asking to keep Morphew from contacting them. The documents show that in October, prosecutors asked Morphew to leave his residence while his neighbors built a security fence. According to the prosecution, Jeanne & Martin Ritter said they were afraid of Morphew. There's also a request by the defense to expand the length of the trial from four weeks to five considering they believe the jury will need more time to review 30 hours of interrogation video & tapes.

 

[Cindizzi]

He said he was with Suzanne all night as he needed time at the house to dispose of her body. He had to wait until Sunday to create the appearance of distance from her and have his image caught on camera to “prove” he was not there when she went on the alleged bike ride. He never thought the investigators would question his story of the bike ride and her disappearance as having occurred Sunday.

He certainly did not realize that LE would be able to pinpoint that her life ceased as early as Saturday afternoon - when he was still there at home alone with her. With the opportunity and motive to commit murder.

He did exactly what so many other murderous husbands have done. Distance himself from the scene, give LE a vague account of “ she was asleep when I left home “, manipulate someone else to report her missing, etc.
LE thought she might have been gone Friday night until they found her texts with JL.

 

[Seattle1]

Retrying Case?

@Momofthreeboys Yes. Can happen, did happen.
Wife, a MisPers in 2001. 3 jury trials. Then 2016 bench trial, not guilty.

From your second link: "Cal Harris said the long legal battle has drained a large portion of his fortune."

More recently, and also in Colorado-- today, Weld County District Attorney Michael Rourke requested the court reset for a second trial of Steve Pankey.

Pankey was arrested in October 2020 after a Weld County grand jury indicted him on charges of first-degree murder and second-degree kidnapping with a weapon in connection with Jonelle's disappearance and murder. Jonelle was 12 years old and had just returned home from a school Christmas performance on Dec. 20, 1984, when she vanished from her family's Greeley house.

Judge Kerns declared a mistrial last Thursday after jurors were unable to reach a unanimous verdict on the first-degree murder, felony murder and kidnapping counts Pankey faced. The jury did find Pankey guilty of one count of false reporting to authorities, which was added after Pankey testified last month to lying to police about having information on Jonelle's case.

Jonelle Matthews case: Pankey gets new attorney, possible retrial looms

 

[FromGermany1]

In a motions hearing scheduled for Tuesday afternoon, the defense plans to ask that the case against Barry Morphew, 54, be dismissed based on discovery and pretrial publicity issues.

I think, citizens of Colorado (and even Indiana?) have to rehearse an uprising .... Naive thoughts on a Tuesday morning.

 

[gamma gal]

@Boxer, funny you should mention Salida Stove and Spa. Because of a Saturday timeline discussion I was having with @sk716, I went back to revisit BM’s activities from the time he left DSI at 2:07 before he arrived home at 2:43.
He was caught on camera heading wb on 50 (towards Maysville)at 2:27. This info came from security footage at Salida Auto Sales. I pulled up google maps and realized 7 things:
1. It was only 2 minutes from DSI to Salida Auto Sales.
2. If BM passed that camera after leaving DSI, he would be traveling EB, not westbound.
3. Where did he go for the 20 minutes between leaving DSI at 2:07 and passing the security camera at SAS going wb at 2:27?
4. Salida Stove and Spa is two minutes past SAS heading east from DSI.
5. BM would be heading wb on 50 if he went to SS&S first and then started home from there passing SAS.
6. It takes approximately 15 minutes to get from SAS to Puma Path. From 2:27 when he passed SAS to 2:43 when he arrived home is exactly 15 minutes.
7. SS&S is supposed to close at 2:00 on Saturday. It would be highly likely that the owners would still be there about 2:10, (much more likely than 4:00 - 5:30 as BM would have us believe).

Can you join the prosecution team, please?

 

[Seattle1]

Interesting because I assume if the defense team had contacted the Ritters and either their efforts were never acknowledged or responded to would that be considered a good faith claim on defense’s part?@Seattle1 please and thanks. Any other circumstances where Defense could allege they’re not afraid despite they asked him to leave long enough to erect a wall of safety? Again thanks!

Personally, I think the Ritter's actions speak louder than their words. BM used his neighbors in the vilest way when he set them up to contact CCSO to report SM missing from a bike ride that never happened.

Pursuant to C.R.S. 24-4.1-301, it's the responsibility of law enforcement agencies, prosecutors, and judges to assure all victims of and witnesses to crimes, are honored and protected.

The defense is under no legal obligation to do or say anything on behalf of the Ritters. Their duty is only to their client, and to remind BM of the court-imposed protection orders he's subject to and the penalty of violating the orders.

If the Ritters were put on the spot by BM's defense, asking what they thought about BM living in their backyard, and they lied through their teeth -- I say good on them! They knew that they could rely on the DA's office to be the "heavy" and request BM removed from Maysville for three days while their fence erected for their own security and well-being.

Crime Victim Rights Act (VRA) | Division of Criminal Justice

 

[Boxer]

I don’t think he put it in the closet. She was likely buried in whatever she was wearing at the time. That is a lot of time to shower and throw off a bathing suit in my chaotic world. It takes all of about 15 minutes and usually my phone is within feet of me. JMO.

Agree.
So if she walked up to change around 2:20 she would be all done, but probably still in the MB.

 

[Boxer]

Are the Ritters defense witnesses?

 

[Momofthreeboys]

Are the Ritters defense witnesses?

I don’t think so. I am assuming for the prosecution.

 

[DizzyB]

I’m hoping for some meat in all of these pages. Sorry but I think the most capable attorneys in the case are on the defense side. Linda Stanley may be a tough lady but I want a skilled adept prosecutor that can fight the onslaught of motions and diversions that will come their way. Fingers crossed a superstar joins the prosecution.

 

[OldCop]

Can you join the prosecution team, please?

 

[OldCop]

Lots went on since his last hearing - so will shorten this up a bit...

Tuesday, November 9th:
*Motions Hearing (Murder) & Status Hearing (Voter fraud) (@ 1:30pm MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial set to begin on 5/3/22 (thru 6/1/22).
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 8/9/21 to 8/24/21 & 9/17/21 (Prelim day 1 to 5) & info on his voter fraud from 5/13/21 to 9/20/21 reference post #12 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
10/6/21 Update: Court was advised of the monitoring problem. Prosecutors in Morphew’s murder case asked a judge last month to set stricter terms for his pretrial release from jail because an ankle monitor he is ordered to wear doesn't work in steep terrain west of Monarch Pass where he's been living. But the monitoring system doesn't work in areas where cellular service is spotty, leaving cops in the dark on the location of Morphew, who authorities say has been living in an area with no cellular service since his release. Prosecutors want a judge to order Morphew to move to a place where the monitoring system works. In her filing, Stanley points out that Morphew currently pays rent at a residence in Salida, Colorado, which is near the Chaffee County courthouse, within reach of cellphone towers. Also the prosecution doesn't want him living in that neighborhood, as the Ritters have a no contact order against him. Prosecutors want him to live there so they can keep tabs on his location. Prosecutor Stanley asked Judge Patrick Murphy to reconsider bail in the case, potentially threatening Morphew's freedom ahead of trial unless a compromise can be reached. Hearing for murder charge on 10/13/21. Motions hearing on 11/9/21 for both cases. DA Stanley has filed a motion with the court, requesting BM be prohibited from living in or around Maysville.
10/13/21 Update: Issues to be addressed: modify bond conditions, trial length, discovery inventory, & deadline for defense disclosures.
Link to State's Motion re bond conditions:
Barry Morphew Bond Conditions Motion | PDF
Court started off with the People’s motion to modify bond conditions. Pros says two connections are needed for GPS. One is a cell connection & the GPS goes blank when Morphew goes into the Maysville area. Judge Patrick Murphy will let him stay where he is even though it's so remote investigators can't track his ankle monitor. He'll have to check in for a download every day.
Jeanne Ritter as defense witness:
for more info see posts #70 to 73, 75, 77 & 80 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Discovery issues.
for more info see posts #98 & 100 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Discovery re inventory & deadlines.
for more info see post #108 & 119 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
The witness list will have to be provided to the court no later than 11/9/21 & the defense will have to do so by 3/4/22. They will have 35 days before trial starts to submit final lists & it is noted that all witnesses from both sides may not testify. Trial of Morphew scheduled for 5/3/22.
for more info see posts #123 & 129 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
for more info see post #142 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85
Judge sets a motions hearing for 1/24/22 & 1/25/22 & 2/8/22 will leave open for a hearing if they do not finish on those two allotted days. These dates for the motions hearing are about to change. Dru Nielsen, who is not in person today, says she is not available on those dates, so standby for new ones. Motion hearing 11/9/21 @ 1:30pm on discovery violations & contempt for violating the pretrial publicity order & status conference hearing for voter fraud on 11/9/21.
10/15/21: One of the prosecutors handling the murder trial of Morphew has resigned from the 11th Judicial District. Deputy District Attorney Jeff Lindsey's last day with the district is Friday, Nov. 5. District Attorney Linda Stanley told The Gazette that Lindsey is headed to Pueblo to work in the 10th Judicial District under DA Jeff Chostner.
10/20/21: 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 Morphew’s defense team. Source of unknown male DNA revealed in letter from Morphew attorneys promising to sue case investigators for false arrest, defamation. In the notice, Morphew listed 26 investigators he intends to sue in “both their individual & official capacities.” The list includes Chaffee County Sheriff John Spezze, District Attorney Linda Stanley & agents from the FBI & Colorado Bureau of Investigation. The document contends police didn't chase the DNA lead & looks for other possible killers before focusing on Morphew. In a motions hearing scheduled for Tuesday afternoon, the defense plans to ask that the case against Morphew be dismissed based on discovery & pretrial publicity issues.
11/8/21 Update: District Judge Patrick Murphy on Monday released hundreds of pages of documents in the case against Barry Morphew. Documents date from 5/5/21 thru 11/5/21 show 454 pages of motions & orders that until Monday had not been made public, including the prosecution’s over 500-person witness list. On that list are the Morphews' two daughters & people who were close to the couple including siblings, neighbors, family friends & numerous investigators from the FBI, Homeland Security, the Colorado Bureau of Investigation & Chaffee County sheriff's deputies. Bloodhound trackers are also scheduled to testify. Also on the witness list is Suzanne's lover of two years, Jeff Libler, whom she knew from high school & started contacting by text message when the couple moved to Colorado from Indiana in 2018. The documents also show a fight between Morphew's attorneys over DNA, which was found on the glove box of Suzanne's Range Rover. The defense said the DNA belongs to a sex offender who lives in Prescott, Arizona. Morphew's attorneys contend that the prosecution knew about the possible suspect & didn't let them know about it until after the four-day evidentiary hearings this past August. Also revealed in the documents are protection orders from neighbors, Suzanne’s family & friends asking to keep Morphew from contacting them. The documents show that in October, prosecutors asked Morphew to leave his residence while his neighbors built a security fence. According to the prosecution, Jeanne & Martin Ritter said they were afraid of Morphew. There's also a request by the defense to expand the length of the trial from four weeks to five considering they believe the jury will need more time to review 30 hours of interrogation video & tapes.

Thanks, @Niner.

 

[Pink2017]

I hope the lab inspected the cracked MB door jam. Wood oxidizes when opened to the air.
The Puma search was a week + after 5/10 and the crack may be able to dated fairly closely.

Really great point!! I appreciate these fine details…it tells a story.

 

[Ontario Mom]

Real life has prevented me from keeping up here but I'm very much looking forward to these new documents.
I admit I'm a little confused about the Ritters previous comment in the media that they're not afraid of BM, but now we're learning they are? So was that a flat out lie from the defense? Or did the Ritters lie to the defense when they said they weren't?

 

[Scootie98]

Real life has prevented me from keeping up here but I'm very much looking forward to these new documents.
I admit I'm a little confused about the Ritters previous comment in the media that they're not afraid of BM, but now we're learning they are? So was that a flat out lie from the defense? Or did the Ritters lie to the defense when they said they weren't?

The Ritters were given a "do you still kick your dog" question re. whether or not they feared BM. After all, BM was returning to the very neighborhood he was before...not across town somewhere. Either answer, Yes, I am afraid, or No, I am not afraid can be interpreted in multiple ways. Besides....fear of what? Bodily harm? Manipulation from BM? Fear of what others may think of them and their relationship to BM? We don't know what they were thinking....its an awkward position to be in, especially when you didn't sign up for that duty. I don't think their "feelings" about BM will be a factor at all....If it were projected to be, then the defense would inject "prejudice" or "bias"...Just the facts, ma'am.

 

[CGray123]

A mistrial could be interpreted as a victory by this defense team. While a new trial is certainly to follow...it could clear the way for an M2 discussion. Until there is a conviction....they will play every card in the deck.

I agree. They will not leave unsaid any argument they can ethically make. Especially because BM has the resources for them to do that and probably wants them to do that.

And, since the conviction rate goes down significantly on re-trial after a hung jury, I am sure the defense would see such a mistrial as a positive development. Not grounds for celebration perhaps, since BM wants a win - and wants something left of his small fortune at the end of the day - but obviously better than a conviction, which could be hard to overturn.

Statistically, hung jury mistrials are rare, especially in murder cases - although the precise figure can vary by jurisdiction (see the above article).

In this case, IMO the evidence will be compelling if properly presented, and if the judge doesn't permit the defense to engage in drama, argue with witnesses, misrepresent the evidence, etc.

I worry about that. IMO, in finding that the prosecution failed to establish PE/PG for purposes of bond eligibility, he took at face value the defense's apparent misrepresentation that the DNA evidence points directly to an alternate suspect who is a convicted sex offender. Prosecutors may have contributed to his mistake by failing to offer evidence about the meaning of a probable match, but still I am concerned that he won't be comfortable setting and enforcing appropriate limits on the defense.

 

[CGray123]

They can try him over and over....this was an interesting case of a man tried four times for allegedly murdering his wife who was divorcing him but still living with him in a highly circumstantial case before being acquitted by a judge. Cal Harris Found Not Guilty in 4th Murder Trial Over Wife's Death and this article: Cal Harris Says Acquittal After 4th Murder Trial Was 'Total Relief,' How He and Kids Are Moving Forward

Then there's the case of Adnan Syed, in which determined prosecutors have kept the defendant in jail for 20 years after a second-trial conviction, despite serious questions about the evidence, and controversial court decisions.

 

[Love Never Fails]

Once released, the Motions and Orders from Case File should be available without charge at the 11th Judicial District, "Cases of Interest" public website linked below.

2021CR78 People of the State of Colorado v. Barry Lee Morphew

Colorado Judicial Branch

@Seattle1 another question. The judge said he didn’t see the need to keep records from the public. Does this mean we get to see everything the prosecution has against BM?
Will we get to see everything the defense comes up with before trial?
Are there truly any Perry Mason moments in trials? I still remember the hit list Frazee wrote in the Berreth case, but that only came into evidence at the end of trial, correct?