Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #90

[mrjitty]

Being familiar with true crime, it can be easy for you and I to comprehend. My gut says for a jury it may require some clear explanation to eliminate doubts. The filter of a random member of the public could be based solely on things they have read in the media about another high profile case or watched on tv. Headlines such as “XYZ’s DNA Found at Crime Scene Solves Case”, from years past, could be the only filter a jury member is coming from.

This exact thing came up in the McStay case where the defence claimed there was a mixed sample of 4 people in the grave site - who of course were said to be the "gang" who killed the family.

The jury appeared to be quite capable of realising that it was nothing to do with the case.

I does seem however, that whereas law enforcement were big adopted of latest DNA methodology to convict people, now defence teams are all over the idea of finding some DNA somewhere and deciding it belongs to "the real killer"!

 

[Momofthreeboys]

But why do you think this should be kept from the jury?

I don't see how it is prejudicial. But I do see how it is one more piece of circumstantial evidence.

I think it fell under Rule 404: Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. And if a prosecutor intends to use 404 evidence they have to bring it to the courts attention for ruling...which is what happened and the judge said no to using it. We may see more of these types of rulings since there is quite a bit I would guess prosecution wants to use that may fall into the category of 404 evidence and again what Judge Murphy was alluding to when addressing the prosecution in the early days. In broad strokes, in the US you cannot prosecute someone through character assassination or use of other incidents to support predictive behavior with rare exception.
Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts

 

[CGray123]

Change of venue:

Defense surveyed the county and it apparently didn't go well.

60% thought Barry was guilty and wouldn't change their mind.

To me, this just means you get your jury from the 40 percent who can set aside media reports and judge the case on evidence and law. You don't change venue now on the basis of this survey.

 

[CGray123]

Here's another example of E & N doing what they do best: accuse prosecutors of withholding evidence and request sanctions for misconduct. And also get their well-heeled client acquitted of first-degree murder!

Murder trial for Denver architect Micah Kimball debates how Michelle Jacobson died

This was a slam dunk for the defense IMO. After reviewing the forensic and scene evidence, the Chief Deputy CSI told investigators and prosecutors that she did not believe Mr. Kimball’s fiancée died as a result of homicide but rather, believed she died from suicide. This happened before the PH, but Denver prosecutors failed to share this information with Kimball’s defense. I don't know how they justified withholding this clearly exculpatory evidence, which in itself could create reasonable doubt.

Even so, the civil case relies on speculation that the judge would not have found probable cause if he knew this. But we'll see more of these filed if prosecutors withhold exculpatory evidence.

And the BM case is a very different matter - the "exculpatory evidence" allegedly withheld isn't exculpatory at all. IMO.

 

[K9Enzo]

That may be a photo of when the police snapped a photo of the contents from her car's passenger's seat as it was spread out for evidence documentation.

Photo that I published is from @AmandaReckonwith photobucket. Check out the description, please, as I'm unable to copy/paste it. See screenshot.

Photobucket

View attachment 331378

Thank you. I see her purse in this pic now and believe you're correct. LE must have removed the contents of her purse and wallet, spread them out on the floor board for a pic. I no longer believe that's the way her purse and wallet were found. IMO

 

[Momofthreeboys]

This case appears to be upside down. Barry is not the victim here. Suzanne is the one who lost her life when her husband cruelly decided to take it. An accused murderer has his liberty and freedom to visit her daughters after he made their mother disappear forever.

I wonder if they suffer from Stockholm Syndrome.

The state represents Suzanne...the prosecution. Barry is presumed innocent. I know it bothers people but that is how our legal system is set up.....the state gets the tip to get someone charged and the person charged gets the benefit of the doubt for trial. But the victims are absolutely represented by the state through the prosecution. It's the obligation of the prosecution to give her "voice." It is the state of Colorado vs. Barry Morphew.

Bond could have been set giving Barry total freedom until trial, but the judge added the caveat that he must stay in Chaffee County and added a tracker that would "tell" the court if he strayed outside Chaffee county at some point. Since he has been fully cooperative, this judge is allowing him to go visit his daughters on day trips (or I think I read it must occur during the day). So some of Barry's "rights" as a person presumed innocent have been restricted but allowable by law.

I know it's difficult to accept when emotionally invested in a particular belief...but the system works pretty good and I have no issues with what has occurred so far. The words even underly this...he is accused but not yet proven. If the daughters did not want him visiting, they were fully able to ask the judge to deny the request and he would have. Frankly in my opinion if the Moorman family did indeed file a position that they wanted this to be denied they did nothing to help the riff between the daughters and their aunts and uncles on their mother's side that those same aunts and uncles proclaim they want to heal...makes me shake my head in disbelief. Actions speak louder than words.

 

[DeDee]

Separate case that happened months after she disappeared. Judge ruled correctly on this I think. If you recall Judge Murphy also mentioned there were things in the AA that are inadmissable.

I wanted to answer this as it isn't something that has been discussed at length. I want to hear the conversations LE had with Barry before I lock into that thinking however it's a pretty good guess that not everything Barry said was a lie. The same actions that people dismiss....that he went searching, that he pleaded, that he was distraught, in the early days could just as easily be attributed to that he did not genuinely know where she "was". Can you imagine the stress that would be? Maybe he doesn't know where she "is"? People have continually dismissed the distraught Barry in the early days as a "fake performance"...I'm not convinced of that entirely. These are the other things that bother me that "could" suggest he didn't act alone and could skillfully be argued by defense that I need to hear both prosecution and defense arguments. Now that doesn't eliminate the fact that prosecution can try this case successfully.....it is just my thoughts as I try to maintain my objectivity.

1. no evidence of anything in the house that points to her being killed in the house or around the house and then moved but no evidence that Barry left the house during the time period investigators have locked into
2. no evidence of his truck leaving from the afternoon to the following morning. 95 feet data says and lots of door openings, closing or whatever that data is going to say happen so stuff was going on it sounds like in the middle of the night but not movement that would suggest transportation of a body some distance away.
3. no evidence showing any other vehicle of the Morphews was driven between the afternoon and the next day and it has been suggested there is an ATV, but I haven't seen anything that supports that theory. There could have been, and other Morphew vehicles could have moved, or other vehicles arrive at the house in the night, but so far we haven't heard any evidence so gives me pause.
4. I don't think he "carried" her somewhere. Too much searching close enough even of the mines has occurred.
5. No evidence that he "pre-prepared" a hiding place for the body...just speculation
6. Weak tranquilizer argument and no gun that was operational that could have fired the kind of tranq darts he had. That got confirmed in the 48 hours piece by the man who said "no" to firing from a different 22 and no signs of struggle other than a door jamb which can't be shown occurred May 9 or 10 to suggest something manual was done. This absolutely bothers me the most considering no evidence of death in or near the house. I have questions about why LE didn't find the needle sheath in the first search...what else did they miss the first go round?
7. Lastly Barry left in the early AM...the house was empty until the police arrived that night. Even if Barry did something to her, there was many hours to move her by someone when it is known for fact that Barry was no where near
8. I am one who believes that it "sounds" like the DNA work as been woefully negligent or unrevealed at this point to eliminate someone else "helping", in my opinion it can't just be dismissed...it needs to be explained why it is irrelevant as innocuous as it might be.

All of that makes my objective self wonder if someone else helped at minimum. The prosecution has put a stake in Barry did it, Barry planned it and Barry did it alone and there certainly some things that can bolster that argument whether it's enough is anyone's guess at this point and totally separate from wondering if Barry acted alone so I can peacefully wait until trial and I look forward to hearing the conversations and movements captured on body cam objectively.

Thank you for the prompt reply.

"The same actions that people dismiss....that he went searching, that he pleaded, that he was distraught, in the early days could just as easily be attributed to that he did not genuinely know where she "was". Can you imagine the stress that would be? Maybe he doesn't know where she "is"?

I listened to Lauren's recap of the hearing from yesterday as she explained Mr Ritter's testimony. He testified in the hearing that Barry showed a lack of emotion prior to those first searches. The searchers met at either the Ritter's home or the Cushman's with Barry making a brief announcement each morning. Mr Ritter stated that Barry said the same thing in each announcement as if he had his words set on what to say and didn't steer from them. Seems a bit unnatural, imo. Mr Ritter never stated, according to LS's recap, that Barry appeared to be distraught.

My new consideration is that perhaps, perhaps, perhaps Barry may have left the hiding/secreting of Suzanne up to a trusted another so he could pass a polygraph. Did he take one? The discarding of Suzanne would be the only place where Barry may not have had total control over, imho, since he does consistently say he doesn't know where she is. Maybe she was tossed over a cliff and doesn't know where she landed. However, I firmly believe he performed the actual premeditated killing. I've always thought the burial or disposal site was prepared/known in advance.

Barry requested immunity, hence, that has refrained me from believing a second person is involved.

The next few hours are busy for me but I'll get back to you later with a few responses to your numbered items. Your objective opinions are respected.

 

[HongKongPhooey]

Lauren's Q&A from yesterday

Thanks for sharing this, I enjoyed watching it. They gave a calm and clear summary of what happened in court I thought. Definitely alleviated some minor concerns I had from dramatic sound bytes!

 

[Whitneyh]

Thanks for sharing this, I enjoyed watching it. They gave a calm and clear summary of what happened in court I thought. Definitely alleviated some minor concerns I had from dramatic sound bytes!

I just re watched this, I’m more concerned now that about this internal affair investigation if this has credibility issues as their own investigator testified that Cahill wasnt so truthful at the prelim, will some of these search warrants be thrown out? I sure hope not.

 

[Love Never Fails]

Likely the Judge is afraid the mere mention of Trump’s name would be prejudicial to many jurors. Regardless I think it should be allowed. Maybe not who he voted for but the fact that he indeed voted in her name illegally proving she wasn’t coming back. IMO Any chance this issue could be readdressed in the future and reconsidered by the Judge?

I can’t imagine why Trump would have to be inserted. Yeah I know what Barry said. Even so, the very thought of voting as someone else (for someone Suzanne may never have voted for) is criminal. It’s also abusive to her memory. He stole her vote along with her life. He is the one who got rid of all her stuff as soon as she was disappeared. So if we are to believe she ran off with a lover do you think BM would vote for her? I think he would have thrown the voting materials in the trash. It is just one more thing that proves how controlling he is. It should be entered as evidence in the trial.

 

[Lyanna]

@LaurenScharfTV

JUST spoke with Chaffee County Court Clerk about the judges order to release body cam footage and audio from interviews played in #BarryMorphew prelim to the public. It will take weeks to be released because they're still trying to figure out how they can share it.

 

[BUF]

Although polygraphs are not admissible it court, it is an investigative tool to gage if someone is being truthful. Most concerned loving spouses would agree to take one…but Barry refused.

Barry Morphew refused polygraph test after wife's disappearance, affidavit says

Three days after Suzanne disappeared, Barry Morphew refused to take a polygraph test, telling investigators he “‘didn’t want to do anything that wasn’t 100% accurate,'” the affidavit reads. But when a friend also encouraged him to take a polygraph, Morphew gave a different answer, according to the affidavit.

“Barry looked at (the friend) and said, ‘I don’t think I’d pass a polygraph,'” the affidavit says. “(The friend) waited in uncomfortable silence for a few moments to allow Barry to qualify his statement… he got chills from Barry’s response and thought Barry’s reaction was very strange.”

 

[DizzyB]

@LaurenScharfTV

JUST spoke with Chaffee County Court Clerk about the judges order to release body cam footage and audio from interviews played in #BarryMorphew prelim to the public. It will take weeks to be released because they're still trying to figure out how they can share it.

I guess they never thought they would have to share it? Tech rules the world-I wonder what kind of staffing is involved in this.

 

[DeDee]

This has been on my mind for a while. Is Barry working at all?

DSI is a huge company. Are they still giving Barry subcontracting jobs? Their website was an eye-opener for me. Lots of job openings available and plenty of projects are mentioned.

Diesslin Structures, Inc. - Building More Than a Reputation

If the daughters are working days, how is it beneficial for Barry to travel to Gunnison for daytime visits? If he goes on weekends, will his girlfriend that lives with him, even though she's a witness in his trial for murder, travel to Gunnison with him? Objection! Rhetorical.

Guess they will attend his hearings again next week. Kinda tired of seeing Barry disrespectfully flaunt their dedication while totally ignoring the loss of their mother. moo

 

[kkdj]

I can’t imagine why Trump would have to be inserted. Yeah I know what Barry said. Even so, the very thought of voting as someone else (for someone Suzanne may never have voted for) is criminal. It’s also abusive to her memory. He stole her vote along with her life. He is the one who got rid of all her stuff as soon as she was disappeared. So if we are to believe she ran off with a lover do you think BM would vote for her? I think he would have thrown the voting materials in the trash. It is just one more thing that proves how controlling he is. It should be entered as evidence in the trial.

The mere fact that Barry voted on Suzanne's behalf is telling. He knew she couldn't vote on her own.
That's evidence.

 

[Momofthreeboys]

I can’t imagine why Trump would have to be inserted. Yeah I know what Barry said. Even so, the very thought of voting as someone else (for someone Suzanne may never have voted for) is criminal. It’s also abusive to her memory. He stole her vote along with her life. He is the one who got rid of all her stuff as soon as she was disappeared. So if we are to believe she ran off with a lover do you think BM would vote for her? I think he would have thrown the voting materials in the trash. It is just one more thing that proves how controlling he is. It should be entered as evidence in the trial.

I think many people would be surprised at how many people vote on behalf of other people....totally thinking it is OK because said person is out of the country, in the hospital, in a nursing home, incapacitated in some way. I had this discussion with a group of friends when this came up and a couple of them had indeed voted for family members and had no idea they couldn't do so. I think this is why in most cases that actually make it to the court system the punishment is fairly innocuous. Many people even "smart people" do not understand the limitations unless they have been actively involved in some way as a volunteer or in a career with the voting process. I do not for a second think he "thought" people would think she was alive. He probably thought he could do it with his guardianship...and it's not related to the murder trial so will be dealt with legally at some point no doubt.

 

[Megnut]

I'd just like to remind the court that the same man who voted for the wife he's alleged to have murdered also claimed guardianship of her.

If he's guilty, he knew she was deceased-- when he voted fraudulently. And when he represented to the court that she was incapacitated -- but not in a dead way.

Hopefully he has set himself up nicely for future charges -- in civil court if not criminal court.

Did he mail her ballot in? Mail fraud? Federal charges?

So far he seems to do as he pleases. With impunity.

May it all catch up to him.

JMO

 

[Megnut]

Is Barry free to do commerce in Gunnison? Tan, work out, socialize with whomever he pleases?

As for Moormans' letter requesting no modification to bond, who's to say they didn't do that as a way to try to protect the daughters?

If he's a murderer, he's a menace.

JMO

 

[kkdj]

I'd just like to remind the court that the sane man who voted for the wife he's alleged to have murdered also was given guardianship over her.

If he's guilty, he knew she was deceased-- when he voted fraudulently. And when he represented to the court that she was incapacitated -- but in an alive way.

Hopefully he has set himself up nicely for future charges -- in civil court if not criminal court.

Did he mail her ballot in? Mail fraud? Federal charges?

So far he seems to do as he pleases. With impunity.

May it all catch up to him.

JMO

I kind of think this particular charge on it's own won't get him time or maybe the court will deem time served. I think the relevance will be in the murder trial tho. He voted on her behalf because she couldn't and he knew it because he murdered her.

 

[Lyanna]

Would Barry's bond modification be effective immediately?
He could literally be driving too Gunnison right now ?