Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #89

[marylamby]

@jakat I too am so very sorry for your loss. Sending healing prayers to you and your family. <3

 

[Cindizzi]

@MassGuy I guess we did hear from MH at the Prelim back in August.
Found some tweets mentioning him.

https://twitter.com/carolamckinley/status/1430225283961868290?s=21
On redirect, prosecutor Mark Hurlbert reminds the court that Barry Morphew's DNA was found on the bike seat and in Suzanne's car. He's shifting gears from where Morphew's DNA was NOT found to where it WAS found.

https://twitter.com/stephaniebutzer/status/1429840985970802689?s=21
DA Mark Hurlbert now doing redirect.

Hurlbert confirms with Graham that men's khaki shorts and other clothing were found in the dryer. It matches what Barry was seen wearing May 9 on surveillance video.

We're now on a break.

 

[marylamby]

A Body Buried on Former IN. Home Property?
Post 960 in last thread by Love Never Fails
"As far as I know this forum is for opinions. BM told investigators he buried furniture on his Indiana property. Most people would give old furniture away, donate it or have someone haul it off. There are companies in Indiana that do that. BM is charged with murder. It’s not a stretch to believe he may have murdered another human being and buried that person in his yard. Do you know for sure he didn’t? An old girlfriend? A coworker who made him angry? We can all concentrate on the case at hand. And I pray Suzanne is found. He told his coworker he could get rid of a body or bury a body and it would never be found. Maybe there’s also one in Indiana. Is that really so hard to believe?"
______________________________________
@Love Never Fails bbm Thanks for your post, replying to mine.
Yes, a place for opinions, yours, mine, and others, and I'm grateful to @Trish for providing this forum.

Briefly.
My post proposed that publicly released info was insufficient to
estab. probable cause for search warrant to tear up 15 ac. in IN.

Not so briefly, re your above post.
Agreeing, it's not a stretch that BM may have killed and buried another human being on his former IN home prop.
And no, I don't know for sure that he did not. Maybe he did.

But as of now, that ^ is not "also one in Indiana" because at this point, there's been been no judicial finding, either civil or criminal, that BM killed SM and/or buried her at PP home. No criminal conviction. no civil judgment in a wrongful death action.

Many (most?) posters here seem to believe, based on the info presented in the AA & at Pre/Hearing, BM is guilty of having killed SM, guilty beyond a reasonable doubt. Imo likely that at trial a jury will find him guilty of homicide.

But such a conviction in itself is still not sufficient imo to estab. probable cause for a search warrant allowing LE to dig up 15 acres. my2ct

{ETA: If BM is the relentless liar that some say, then why should anyone believe his claim about his ability to make a body disappear?}

Barry has proven to be a liar many times to LE alone so there's no question about it.
Someone who would even say they could kill someone, bury the body and it would never be found is, in plain English, nuts! No sane person would utter those words to not only one but two people.
In short, I put NOTHING past Barry and his ability to get someone out of his way/hide evidence for whatever reason.
IMO

 

[Murphy1950]

He and Hurlbert are incredibly experienced. We haven't heard of Hurlbert before in relation to this case, have we?

Yes, back in August.


At Monday’s preliminary hearing in Chaffee County, Barry was joined by his attorneys, Dru Nielsen and Iris Eytan. His mother, his and Suzanne’s two daughters, and Suzanne’s friends from her time in Salida were also present. District Attorneys Jeff Lindsey, Linda Stanley and Mark Hulbert make up the prosecution.

https://www.thedenverchannel.com/ne...rs-confirm-suzanne-was-having-a-2-year-affair

 

[Cindizzi]

Did anyone catch what motion number was a change of venue motion? I didn't hear that one or missed it. So my takeaway was in addition to the existing motions which have been started and stopped the new motions are individual voir dire for jury, the motion to sever which I'm assuming relates to the voter fraud charge and someone said a change of venue but I didn't hear that. Oh and the motion to change bond to allow Barry to travel to Gunnison is being submitted to the judge. All the other motions scheduled today were prior motions around prosecutorial misconduct which the judge pushed out past Feb 14 and the request for an additional week of trial to allow for the jury to hear the full interviews with Barry that were recorded. The judge set dates and times for all the motions. What did I miss in the very beginning before I logged in?

Oh and two different prosecutors today: Mark Hurlbert and Dan Edwards.

This article has links to all the documents:

Chaffee County releases documents in Barry Morphew murder case | FOX21 News Colorado

 

[Warwick7]

This article has links to all the documents:

Chaffee County releases documents in Barry Morphew murder case | FOX21 News Colorado

Thank you!

 

[CGray123]

During a status conference hearing today #BarryMorphew defense attorney's have filed a motion for a change of venue as well as having an extra week for the murder trial scheduled for May. This will be discussed at the motions hearing on Jan. 24, & 25th.
https://twitter.com/laurenscharftv/status/1481373864294821901?s=21
https://twitter.com/laurenscharftv/status/1481373864294821901?s=21

The prospects for a change of venue seem pretty dim. Juror impartiality does not require juror ignorance, and prejudice arising from publicity can be presumed only in rare circumstances.

Steve Pankey, charged with the murder of young Jonelle Mathews in 1984 which was extensively covered by media, moved for a change of venue from Weld County. The judge initially ruled that he would not presume prejudice and could only decide whether the publicity created actual prejudice among jury members after the close of voir dire. The judge ultimately went with the general rule, which holds that it is "... sufficient if jurors can lay aside the information and opinions they have received through pretrial publicity." People v. McCrary, 549 P.2nd 1320 (Colo. 1976).

I haven't seen anything like the level of prejudicial publicity that would result in a change of venue at this stage in the Morphew case. Only if the court cannot find 12 Chafee County jurors who have seen the coverage but who can set it aside and base their verdict on the evidence and the law will a change be granted. The judge will probably use an extensive questionnaire himself and allow counsel to follow up individually, to evaluate each juror's ability to do that.

 

[Lyanna]

@jakat

I'm so sorry for your loss.

Xx

 

[nyvictoria]

Thank you NoSI. My son is here with me now. We live 700 miles away from each other. Guess I have to go through the stages of grief and I am. It hurts so much. I miss him. I loved him with every bit of my soul and he loved me just as much.

As sad as you are right now, memories of your love will help you get through it. Please know that you’re in my thoughts.

 

[nyvictoria]

@MassGuy I guess we did hear from MH at the Prelim back in August.
Found some tweets mentioning him.

https://twitter.com/carolamckinley/status/1430225283961868290?s=21
On redirect, prosecutor Mark Hurlbert reminds the court that Barry Morphew's DNA was found on the bike seat and in Suzanne's car. He's shifting gears from where Morphew's DNA was NOT found to where it WAS found.

https://twitter.com/stephaniebutzer/status/1429840985970802689?s=21
DA Mark Hurlbert now doing redirect.

Hurlbert confirms with Graham that men's khaki shorts and other clothing were found in the dryer. It matches what Barry was seen wearing May 9 on surveillance video.

We're now on a break.

I love that the DA is bringing up Barry’s DNA. The Defense should worry about their client’s DNA instead of the huge issue they made of the partial DNA found in Suzanne’s car, which could belong to just about anyone.

 

[Cindizzi]

The prospects for a change of venue seem pretty dim. Juror impartiality does not require juror ignorance, and prejudice arising from publicity can be presumed only in rare circumstances.

Steve Pankey, charged with the murder of young Jonelle Mathews in 1984 which was extensively covered by media, moved for a change of venue from Weld County. The judge initially ruled that he would not presume prejudice and could only decide whether the publicity created actual prejudice among jury members after the close of voir dire. The judge ultimately went with the general rule, which holds that it is "... sufficient if jurors can lay aside the information and opinions they have received through pretrial publicity." People v. McCrary, 549 P.2nd 1320 (Colo. 1976).

I haven't seen anything like the level of prejudicial publicity that would result in a change of venue at this stage in the Morphew case. Only if the court cannot find 12 Chafee County jurors who have seen the coverage but who can set it aside and base their verdict on the evidence and the law will a change be granted. The judge will probably use an extensive questionnaire himself and allow counsel to follow up individually, to evaluate each juror's ability to do that.

Even Mark Redwine didn’t get a change of venue. His case was National and even International news. The Defendant and his ex-wives and children all went on the Dr. Phil show before the arrest. During the months before his son’s remains were found there were groups of locals gathered outside his home carrying signs demanding he tell where Dylan was.
Here’s the Judge’s ruling denying change of venue:

https://www.courts.state.co.us/user...ing the Motion for Change of Venue (D-11).pdf

 

[JosieMae]

The prosecution needs to hammer that home, as there is absolutely no innocent explanation for that behavior.

Yes. His completely bizarre post-disappearance behavior would fill a notebook. Everything from the hasty liquidation of their assets to not calling LE for updates to not participating in organized searches to avoiding the media to ...

The list is long and, altogether, will have great gravity during the prosecution's closing arguments.

 

[Warwick7]

These are the same attorneys that asked the judge to throw out the first degree murder charge, and immediately grant Barry bond (before the probable cause hearing).

What they were requesting was unprecedented, and they knew that motion didn't have a prayer. That was posturing, and they knew it would play well with the media. It was smart.

I can't wait for the context in regards to Barry's movements that day, when he repeatedly lied to law enforcement about what he was doing in Broomfield, and where he was when he got that life changing phone call.

The prosecution needs to hammer that home, as there is absolutely no innocent explanation for that behavior.

Yeah that whole concept of contacting SM's father and wanting him to agree/handle the guardianship....
And when he told BM to take a flying leap he went behind her Dad's back and did it anyway.

 

[crhedBngr]

@jakat : I'm so very sorry to hear of your husband's passing.

{{{HUGS}}}

 

[Love Never Fails]

A Body Buried on Former IN. Home Property?
Post 960 in last thread by Love Never Fails
"As far as I know this forum is for opinions. BM told investigators he buried furniture on his Indiana property. Most people would give old furniture away, donate it or have someone haul it off. There are companies in Indiana that do that. BM is charged with murder. It’s not a stretch to believe he may have murdered another human being and buried that person in his yard. Do you know for sure he didn’t? An old girlfriend? A coworker who made him angry? We can all concentrate on the case at hand. And I pray Suzanne is found. He told his coworker he could get rid of a body or bury a body and it would never be found. Maybe there’s also one in Indiana. Is that really so hard to believe?"
______________________________________
@Love Never Fails bbm Thanks for your post, replying to mine.
Yes, a place for opinions, yours, mine, and others, and I'm grateful to @Tricia for providing this forum.

Briefly.
My post proposed that publicly released info was insufficient to
estab. probable cause for search warrant to tear up 15 ac. in IN.

Not so briefly, re your above post.
Agreeing, it's not a stretch that BM may have killed and buried another human being on his former IN home prop.
And no, I don't know for sure that he did not. Maybe he did.

But as of now, that ^ is not "also one in Indiana" because at this point, there's been been no judicial finding, either civil or criminal, that BM killed SM and/or buried her at PP home. No criminal conviction; no civil judgment in a wrongful death action.

Many (most?) posters here seem to believe, based on the info presented in the AA & at Pre/Hearing, BM is guilty of having killed SM, guilty beyond a reasonable doubt. Imo likely that at trial a jury will find him guilty of homicide.

But such a conviction in itself is still not sufficient imo to estab. probable cause for a search warrant allowing LE to dig up 15 acres. my2ct

{ETA: If BM is the relentless liar that some say, then why should anyone believe his claim about his ability to make a body disappear?}

@al66pine,
As I said, we are allowed to state our opinions, which is fun sometimes because we rarely have all the facts even at this stage. And about my opinion there could be a dead body in Indiana, why not? If he killed Suzanne….

I am going to stay with the facts as we know them for now. I do not believe CBI is going to dig up 15 acres in Indiana based on my “opinion” of BM.

As far as his ability to lie, sometimes people mix truth and lies together. Maybe he was able to bury Suzanne where she will not be found.

 

[Momofthreeboys]

The prospects for a change of venue seem pretty dim. Juror impartiality does not require juror ignorance, and prejudice arising from publicity can be presumed only in rare circumstances.

Steve Pankey, charged with the murder of young Jonelle Mathews in 1984 which was extensively covered by media, moved for a change of venue from Weld County. The judge initially ruled that he would not presume prejudice and could only decide whether the publicity created actual prejudice among jury members after the close of voir dire. The judge ultimately went with the general rule, which holds that it is "... sufficient if jurors can lay aside the information and opinions they have received through pretrial publicity." People v. McCrary, 549 P.2nd 1320 (Colo. 1976).

I haven't seen anything like the level of prejudicial publicity that would result in a change of venue at this stage in the Morphew case. Only if the court cannot find 12 Chafee County jurors who have seen the coverage but who can set it aside and base their verdict on the evidence and the law will a change be granted. The judge will probably use an extensive questionnaire himself and allow counsel to follow up individually, to evaluate each juror's ability to do that.

I agree change of venue seems not probable. Perhaps that is why the addition of the voir dire request.

 

[marylamby]

@al66pine,
As I said, we are allowed to state our opinions, which is fun sometimes because we rarely have all the facts even at this stage. And about my opinion there could be a dead body in Indiana, why not? If he killed Suzanne….

I am going to stay with the facts as we know them for now. I do not believe CBI is going to dig up 15 acres in Indiana based on my “opinion” of BM.

As far as his ability to lie, sometimes people mix truth and lies together. Maybe he was able to bury Suzanne where she will not be found.

FWIW, when Barry said he could disappear/bury a body which no one would ever find, I believe him 100%.
Where's Suzanne?
IMO

 

[Cindizzi]

@jakat ,
I’m sending healing thoughts and prayers of comfort for you and your loved ones. I’m so very very sorry to hear of your loss of your dear husband. Always here if you want someone to talk with. xo

 

[Cindizzi]

FWIW, when Barry said he could disappear/bury a body which no one would ever find, I believe him 100%.
Where's Suzanne?
IMO

Hate to bring up Mark Redwine again, but it’s a case I am very familiar with. I remember his first wife said that he once remarked to her that if he wanted to hide a body he would “ dump it on a mountain side”.
Years later he did just that with his 13 year old son.
But it didn’t stay hidden forever.
And the monster is now locked up for the rest of his life.
I will never stop hoping and praying that we find Suzanne.
JMO

 

[Kemug]

Harking back a bit, to when we were discussing Barry's probable objections to Suzanne retraining for the workplace - that reminded me so much of my husband's sister. She was much brighter than her late husband, and spent over 3 decades of her life playing it down, ie not taking on further study or training for a better job, or switching careers, and meanwhile praising him for everything she possibly could. I know of at least one time when she wanted to do some further study, but he said he didn't want her to, so she gave the idea away. She could have done it anyway of course, but that would have hurt the marriage. Well, she made her choices. Nowadays, years later, she has a very nice partner, he is very quickwitted with a wicked sense of humor and an excellent general knowledge. And I must say that my husband and I secretly much prefer him to the late hubby. My (somewhat belated) point is that Barry was probably always aware that Suzanne was smarter than him, and he couldn't abide everybody else seeing that.