Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #88

[marylamby]

Perhaps this is the one time we can turn to Barry for the answer.

Dinner, sex, sleep.

I don't know that his terms were negotiable.

JMO

Maybe not necessarily in that order?
imo

 

[JosieMae]

FBI interview with BM. June 2, 2020:

Special Agent Grusing told Barry this looked like an “intimate partner homicide” and Barry did not object.

Source: AA

Along with World Peace, my great wish is that one day we will have access to these three-30 hours of recorded interviews.

 

[Momofthreeboys]

FBI interview with BM. June 2, 2020:

Special Agent Grusing told Barry this looked like an “intimate partner homicide” and Barry did not object.

Source: AA

Along with World Peace, my great wish is that one day we will have access to these three-30 hours of recorded interviews.

At one point defense wanted the extra trial time because they wanted the full interviews played for the jurors so the wish may be granted if we have access to more than tweets!

 

[Volgal]

I am rereading the AA and there’s something that really perplexed me. Why did Barry buy that plot of land and then sell it so quickly for a loss? Another thing that bothers me is the spy pen phone conversation between B and S in the car. I’m really curious what he meant when he said she went against his wishes? I wonder what he was pressuring her to do? I really hope they are having forensic accountants look at Barry’s finances. My intuition says follow the money trail.

 

[Aloe]

Didn't we learn about his work out schedule? If I remember correctly he met up with 400 tours GD at GD's house. 5pm.

Perhaps that's what gave Suzanne a pocket of time for her biking.

Dinner's on the table at 7.

If her biking interfered with his dinnering, I think we'd have heard about it. Suzanne probably had to be pretty careful about stuff like that.

It's never a good idea to poke the Baer.

JMO

ETA. According to GD (P 47 of the AA) Barry came over 5 days a week to work out, between 5 and 7pm.

Colorado Judicial Branch - Chaffee - Cases of Interest - People of the State of Colorado v. Barry Lee Morphew

Between working out with 400, volunteering at the #5, going to the gym and shopping for nice new trucks and equipment, when did he have time for income producing labor? (Sorry Just another rhetorical question from the peanut gallery) MOO

 

[Aloe]

It's odd he wouldn't just have burned it. But perhaps since he has the equipment it's easier to dig a pit and bury it just like they do at dumps near cities. We burn broken furniture in our burn pit. Just burned some old broken dining room chairs last week . Obviously if something had value we might post something on the nearest town's FB page, but alot of times it's of no value so my husband just burns. Over the decades we've burned old couches, old mattresses and lots of broken chairs and tables. Once the fire is cool, he picks out the metals, nails and whatnot that don't burn and that gets saved in a box for the annual dumpster day in our closest town. I think if my husband had an excavator he's problem dig and bury also....more fun than watching a fire for hours on end. So now you know someone that would bury furniture if they could bury furniture.

Wow! We have burn restrictions here: no garbage, only wood or natural vegetation.

 

[TIGER0822]

I am rereading the AA and there’s something that really perplexed me. Why did Barry buy that plot of land and then sell it so quickly for a loss? Another thing that bothers me is the spy pen phone conversation between B and S in the car. I’m really curious what he meant when he said she went against his wishes? I wonder what he was pressuring her to do? I really hope they are having forensic accountants look at Barry’s finances. My intuition says follow the money trail.

Great catch! Is this the plot the FBI (?) dug up?

 

[TIGER0822]

I don't know 1 single person that's ever buried furniture, ever. Not even a person of a person and so on. Who the heck does that????? Donate it to charity, sell it, store it in a storage shed, don't bury it!! However, it appears Barry seems to think its a sufficient way to deal with things that aren't needed or useful anymore .
Wonder what other things Barry has buried over the years .

If I was the buyer I would sue to have him clean up the site .

 

[Megnut]

Great catch! Is this the plot the FBI (?) dug up?

Seems to me, since we're talking about Bury, they should always dig deeper.

JMO

 

[TIGER0822]

It's odd he wouldn't just have burned it. But perhaps since he has the equipment it's easier to dig a pit and bury it just like they do at dumps near cities. We burn broken furniture in our burn pit. Just burned some old broken dining room chairs last week . Obviously if something had value we might post something on the nearest town's FB page, but alot of times it's of no value so my husband just burns. Over the decades we've burned old couches, old mattresses and lots of broken chairs and tables. Once the fire is cool, he picks out the metals, nails and whatnot that don't burn and that gets saved in a box for the annual dumpster day in our closest town. I think if my husband had an excavator he's problem dig and bury also....more fun than watching a fire for hours on end. So now you know someone that would bury furniture if they could bury furniture.

My guess is, It looks like BM may have been on the verge of bankruptcy. He needed to clear out the house to sell it. So anything that did not fit in the rental was buried. Depending on the circumstances, The buyers may have some legal options available to then.

 

[Seattle1]

Because 22 states have abolished the death penalty, two mutually exclusive theories have been developed on whether capital offenses exist in those states without the death penalty. One theory finds that the term capital offense relates solely to the penalty which may be imposed, and, therefore, states without the death penalty cannot have capital offenses. In contrast, some hold that the term relates more to the gravity of the crime rather than the penalty which may be imposed. Thus, murder with specially circumstances in states without the death penalty may still be considered a capital offense."

^^rsbbm

Thanks for your courtesy @CGray123.

From OP's reference of 22 states, Colorado was actually the 22nd state to abolish the death penalty in 2020-- but this was not the first time!

Colorado first abolished the death penalty in 1897-- only to restore it once more in 1901.

In 1972, pursuant to Furman v. Georgia, 408 U.S. 238 (1972), the United States Supreme Court invalidated all death penalty schemes in the United States.

Following Furman, in order to reinstate the death penalty, states had to at least remove arbitrary and discriminatory effects in order to satisfy the Eighth Amendment to the U.S. Constitution.

Accordingly, a couple of years later, Colorado revised the statute to satisfy the order and reinstated capital punishment in 1974-- where it remained legal until 2020.

More important, and the purpose of this post, is to emphasize how even with the state's complex history with the death penalty, that in more than 140 years, the assembly has never amended/stricken the exception of 'capital offense' from Article II, Section 19 of the Colorado Constitution (concerning the right to bail), or C.R.S. 16-4-101-- Bailable offenses definition.

In other words, one should have no doubt that Colorado sits firmly in the camp that holds that the term 'capital offense' relates more to the gravity of the crime rather than the penalty which may be imposed, and not where states without the death penalty cannot have capital offenses. IMO, that theory is nothing short of fantastical thinking!

Capital offenses in Colorado that were punishable by death were limited to
Class 1 felonies -- which settles any argument that 'capital offense' is not defined by the statute.

As of July 1, 2020, people charged with Class 1 Felonies (capital offense) cannot be sentenced to the death penalty.

Today, of no surprise -- Class 1 felonies are the most serious category of Colorado crimes, punishable by life in prison with no parole (please see official government list of Colorado Class 1 Felonies at pdf link) including:

• First-degree murder (CRS 18-3-102),
• First degree murder of a peace officer or fireman (CRS 18-3-107(1)),
• Child abuse causing death of a child under 12 (CRS 18-6-401(7)(c)),
• First-degree kidnapping (CRS 18-3-301(1)),
• Assault while escaping incarceration (CRS 18-8-206(1)(a)), and
• Treason (CRS 18-11-101).

Colorado’s History of Capital Punishment - Law Week Colorado
https://www.colorado.gov/pacific/sites/default/files/14 FEL1.pdf
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4388&context=jclc

ETA: ..... And my personal endnote on the subject, American bail law has its origins in my home country, England...

Blackstone wrote that “by the ancient common law, before and since the conquest, all felonies were bailable, till murder was excepted by statute: so that persons might be admitted to bail before conviction almost in every case.”

A look at the history of both federal and state law clearly shows that since its origin, the very gravity of murder (capital offense) was intended to be excepted by statute, when proof is evident or presumption is great.

I pray we never see a time where first-degree murder is considered conduct inclusive in noncapital offenses -- regardless of whether or not we have to rely on the discretion of the court for a decision for what's essentially deciding on prevention detention of the accused because the possibility of the liberty of a murderer might endanger the public, either because of the possibility of the commission of further acts of violence by the accused during the pretrial period or because of the fact that their being at large might result in the intimidation of witnesses or the destruction of evidence, and where first- degree murder is never confused with bail reform of noncapital offenses: assuring the appearance of the accused at trial. MOO

1 JAMES FITZJAMES STEPHEN, A HISTORY OF THE CRIMINAL LAW OF ENGLAND 223 (1883 ed.).

III WILLIAM BLACKSTONE, COMMENTARIES ON THE LAWS OF ENGLAND 295 (1769)(transliteration supplied); see generally ELSA DEHASS, ANTIQUITIES OF BAIL: ORIGIN AND HISTORICAL DEVELOPMENTS IN CRIMINAL CASES TO THE YEAR 1275 (1940).

 

[al66pine]

Former IN Home?

Even is Suzanne is not there, is someone else? I wish the owner would allow a dig os the whole property, and of course be paid for it.

@Love Never Fails If I'm following ^ post correctly, it suggests LE should dig up entire acreage at BM's former IN. home? To locate human remains?

Although curious about what BM may have buried there, besides furniture, I'm not aware of sufficient info to estab. probable cause for a search warrant to tear up 15 acres. LNF? Anyone? TiA.

Decomposing partial remains of deer/other game? Maybe. my2ct

 

[brissygirl2019]

I don't know 1 single person that's ever buried furniture, ever. Not even a person of a person and so on. Who the heck does that????? Donate it to charity, sell it, store it in a storage shed, don't bury it!! However, it appears Barry seems to think its a sufficient way to deal with things that aren't needed or useful anymore .
Wonder what other things Barry has buried over the years .

Bolded by me ... HA! But he can't donate or give anything away, Barry doesn't' want anyone else to have anything that ever belonged to him you know that

 

[sk716]

I am rereading the AA and there’s something that really perplexed me. Why did Barry buy that plot of land and then sell it so quickly for a loss? Another thing that bothers me is the spy pen phone conversation between B and S in the car. I’m really curious what he meant when he said she went against his wishes? I wonder what he was pressuring her to do? I really hope they are having forensic accountants look at Barry’s finances. My intuition says follow the money trail.

BBM. The first part of that question was debated earlier in this thread. It was suggested he bought it for his mother. I think this has a high-ish probability combined with arguments about money Suzanne did not want to spend and calling Barry "Shirley" (it's in the AA, pg 29 under "Spy Pen Recordings"). But it's just speculative, he could have been planning to build SD's dream house on the Longhorn site.

The sell off was because he was about to run. He was divesting himself of all real property and not purchasing more.

 

[Niner]

It has been awhile since he was in court - I'll shorten this up a bit.

Wednesday, January 12th:
*Status Conference Hearing-Virtual (Voter fraud & Murder) (@ 1pm) - 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) & 11/9/21 & info on his voter fraud from 5/13/21 to 11/9/21 reference post #656 here:
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #86
11/19/21 Update: Next hearing is scheduled for 12/14/21 at 1pm. Judge hopes it won't take a ton of time. The scheduled time gives them 4 hours. This is to continue this motions hearing about discovery violations. Eytan wishes the remaining witnesses to remain subpoenaed. Also Voter fraud has status conference hearing on 12/14/21. Other motions hearings have been set for 1/24/22, 1/25/22, 2/1/22, hearing on 4/7/22 & pretrial conference hearing on 4/8/22.
12/14/21 Update: The discovery & sanctions hearings took place today. Today’s hearings was presided over by District Judge Patrick Murphy. The last hearing for this case was on Nov. 9 when the defense made claims of “discovery violations” against the prosecution. The prosecution was different today without former lead prosecutor Jeff Lindsey. Lindsey left the jurisdiction, which took him off the case. Defense filed a motion to the court to dismiss the Judge Patrick Murphy on this case. Morphew's attorneys want Judge Murphy disqualified because of his lifetime relationship with lawyers representing Morphew's girlfriend, who was accused of trespassing at the Morphew's home earlier this fall. Shoshona Darke said she was merely picking up a FedEx package. Pertaining to Colorado law the court cannot continue with the hearing that was set today until the decision to disqualify the judge is made. The judge himself will rule on whether he will stay on the case or not. The judge says he has not had enough time to read the motion & consider the legal authority to decide today. The prosecution filed a response. The hearing for today is suspended. On 1/11/22 at 4pm the Judge will make a ruling on if he will be disqualified from the case or not. And status conference hearing re voter fraud at 4:30pm. 1/11/22 motion hearing has been change to status hearing @ 4:30pm Virtual.
12/14/21: Judge's response to motion (Motion to Disqualify Judge Patrick Murphy (D-55)) seeks to disqualify this judge from hearing this case. Because of the late filing, the Court has not had the ability to analyze, in any meaningful way, the Motion or the legal authority that supports the Motion. However, the Court disagrees with the defense position that the filing of the Motion alone requires disqualification. At this point, without further analysis & research, the Court is unable to determine if the situation as described in the affidavits requires disqualification. The Court declines to make substantial decisions such as this on the fly & without adequate time to analyze & research the argument & the legal authority that supports, or doesn't support, the argument. The Court will hear from the parties regarding any additional filings on this particular issue & will need to confirm with the prosecution that Shoshona Darke is a potential witness in this case. In an effort to be as transparent as possible, the Court will also put on the record the Court's relationship with attorney Sean McDermott as it is that relationship that forms the basis of the Motion.
12/29/21 Update: The prosecution has dismissed the trespassing charge against Darke the alleged girlfriend of Morphew. The victim did want to prosecute the charge but after closer review of the case law the people don’t believe there’s a reasonable likelihood of conviction.
12/30/21 Update: Order re: Defense Motion to Disqualify Chafee County District Court Judge Patrick Murphy (D-55)-The court hereby grants the motion & disqualifies itself from any further participation in this case or in the determination of the replacement judge. The District Administrator will contact Chief Justice Boatwright in order to determine a replacement judge.
link here:
https://www.courts.state.co.us/user...Chaffee/cases of interest/21CR78/4855_001.pdf
1/5/22 Update: Supreme Court Order appointing Judge Ramsey L. Lama (of the 11th District) to People v. Morphew by Chief Justice Brian D. Boatwright. Morphew will have the motions hearing in person with Judge Ramsey Lama on 1/24/22 at 8am. 1/7/22 Update: Murder case will not be heard on 1/11/22 only the voter fraud charge & will be virtual.
1/7/22 Update: The murder & voter fraud charges have been rescheduled for a status hearing on 1/12/22 @ 1pm.

 

[FromGermany1]

Between working out with 400, volunteering at the #5, going to the gym and shopping for nice new trucks and equipment, when did he have time for income producing labor? (Sorry Just another rhetorical question from the peanut gallery) MOO

Didn't he have a team of employed workers, in sum 9?

 

[FromGermany1]

I am rereading the AA and there’s something that really perplexed me. Why did Barry buy that plot of land and then sell it so quickly for a loss? Another thing that bothers me is the spy pen phone conversation between B and S in the car. I’m really curious what he meant when he said she went against his wishes? I wonder what he was pressuring her to do? I really hope they are having forensic accountants look at Barry’s finances. My intuition says follow the money trail.

bbm
There are cases, where a forensic auditor/accountant doesn't even look through. I remember the case of missing/murdered wife of B. Rist*vski/Australia.

 

[jakat]

My dear husband passed away yesterday. He had been sick for the past few years and I was his caregiver. We had been married for 46 years. The grief is unbearable.

 

[Skigh]

My dear husband passed away yesterday. He had been sick for the past few years and I was his caregiver. We had been married for 46 years. The grief is unbearable.

I am so very sorry for your loss. Your pain must be unimaginable.

Please know that we are all here to support you in any way we can.

 

[FromGermany1]

My dear husband passed away yesterday. He had been sick for the past few years and I was his caregiver. We had been married for 46 years. The grief is unbearable.

My condolences, dear Jakat! A lot of strength for you in the near future!