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

[Love Never Fails]

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.

Thank you for your reply. I appreciate the way you can view things differently. Most things are right or wrong to me. Black or white. Guess I was raised that way. Our justice system may be the best in the world to some but I see it as an injustice to many. Such is the case of voting in someone’s name, especially a dead person. People may feign innocence but if you don’t know the voting laws, don’t vote. That, at the very least, also pertains to BM.
If you vote for me, I will prosecute you.

One thing I particularly don’t understand, will never understand. That’s murder. I know you said I’m locked in with my belief that Barry is guilty. I wasn’t always. I’m not savvy enough to catch a killer. As a potential juror I have to look at all the circumstantial evidence and the lies Barry tells when the truth is so much easier. (No need to make up stories to go with your lies.)

While I believe Barry has attorneys who are legally very sharp, I feel they are lacking in character in representing a man they know to be guilty. I do believe they know it. So trying to keep evidence out of a murder trial is going too far. I won’t argue about what our legal system tells them they can do.

 

[Love Never Fails]

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.

The judge ruled yesterday that his voting for Suzanne will not be brought in as evidence .

 

[Love Never Fails]

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

Why not? He is doing pretty much what he wants anyway. Ugh.

 

[HongKongPhooey]

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

Guess it has to fit around any college or working plans, within daylight hours too. I’m not particularly bothered by this one although I think fellow WSers have raised valid points about the Moorman family. I.e. did they protest out of safety concerns?
JMO

 

[DizzyB]

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.

I understand that someone might think it’s okay if a loved one had requested that they send in a ballot if they are away or otherwise unable to get to a polling place. Still wrong, but.. Far different when someone was incapacitated-he knew enough that he needed the court’s help to finish real estate transactions. Long before the voter fraud, he was well aware that Suzanne was either “incapacitated” or dead. Barry plays dumb when it behooves him.

 

[Lyanna]

Guess it has to fit around any college or working plans, within daylight hours too. I’m not particularly bothered by this one although I think fellow WSers have raised valid points about the Moorman family. I.e. did they protest out of safety concerns?
JMO

Just feel it's another stab in the back (for want of a better phrase) to Suzanne and the Moorman family. He appears to continue to get everything he wants.
The points are valid, and I'd like to think that would definitely be part of their reasons. I don't understand why a judge may not look at this and think its potentially a further opportunity for him to gaslight/intimidate them. Don't suppose they have 'supervised' or 'monitored 'visits to ensure that he doesn't bully/harass/intimidate them ?

 

[HongKongPhooey]

May it all catch up to him.

JMO

RSBM

IMO in many ways it already has because I do think he assumed his bizarre staging would be believed. I think this is why he ran his mouth so disastrously with who he thought to be good ole boys (and whose recordings of those mouth-running episodes I anticipate with impatience!)

According to his own team, 60% of his neighbouring folk believe he murdered his wife. His life has been turned upside down and inside out. His neighbour read the AA and felt unsafe, according to Lauren’s summary! That spoke volumes to me.

 

[Seattle1]

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

I believe the modification will be effective when the judge signs the order. It was snowing on Tuesday when the hearing concluded and as I watched a live webcam of Salida late at night, a snowplow driving past the 66 Station, I thought about SM who wanted to leave BM but never ever leave her daughters-- spending her last days house shopping for them. BM was thinking of nobody but himself when he insisted on moving to the Cushman's residence. Don't be fooled. He's no family man. MOO

US HWY 50 East Salida, Colorado - Buena Vista & Salida, Colorado Vacation

 

[Cindizzi]

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.

https://twitter.com/laurenscharftv/status/1486369305835053071?s=21
The court clerk told me this is their first time dealing with a request like this.

 

[DizzyB]

I believe the modification will be effective when the judge signs the order. It was snowing on Tuesday when the hearing concluded and as I watched a live webcam of Salida late at night, a snowplow driving past the 66 Station, I thought about SM who wanted to leave BM but never ever leave her daughters-- spending her last days house shopping for them. BM was thinking of nobody but himself when he insisted on moving to the Cushman's residence. Don't be fooled. He's no family man. MOO

US HWY 50 East Salida, Colorado - Buena Vista & Salida, Colorado Vacation

Yeah, I read the thing about the girls having to go over the pass and all that; cause you know girls can’t drive like big burly men. Even if they have monster trucks. I’m cynical today.

 

[Momofthreeboys]

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

Barry has no restrictions on what he does with his time that I'm aware of. His time is his own as long as he spends it in a location consistent with bond conditions and doesn't violate any other restrictions that were placed. I don't recall any conditions regarding social activities other than those related to people who received protective orders. Here's a primer on bonds and bond restrictions: 26. Release And Detention Pending Judicial Proceedings (18 U.S.C. 3141 Et Seq.)

 

[Momofthreeboys]

Yeah, I read the thing about the girls having to go over the pass and all that; cause you know girls can’t drive like big burly men. Even if they have monster trucks. I’m cynical today.

Yes you are cynical. If you've never driven Monarch pass in the winter it can be downright scary. And it's open alot more than it's closed. They do a great job of keeping it open, but open is one thing and not being scared is another. It's a major east/west pass for semis too....that alone is scary in the winter. I'm a very well seasoned winter driver on ice and snow and there are plenty of passes I don't like in Colorado in the winter. Two of my kids drove Monarch frequently and I was never happy about it and nervous as all get out with eyes glued to the webcam sometimes in the winter. I used to make them text me when they were over needless to say they finally quit telling me when they were driving this and other passes around Gunnison.

 

[CGray123]

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

The prosecution did not offer this statement as evidence of BM's character. Rather, they offered it to show of his state of mind - his awareness that SM is dead. So, it's hard to see the other crime/character rule of CRE 404 applies directly.

The judge may have applied CRE 403, finding that the statement was equivocal on that point, and that its relatively low probative value would be outweighed by its prejudicial impact.

Either way, it's a sound exercise of judicial discretion that won't be questioned or challenged by the prosecution.

 

[DizzyB]

Yes you are cynical. If you've never driven Monarch pass in the winter it can be downright scary. And it's open alot more than it's closed. They do a great job of keeping it open, but open is one thing and not being scared is another. It's a major east/west pass for semis too....that alone is scary in the winter. I'm a very well seasoned winter driver on ice and snow and there are plenty of passes I don't like in Colorado in the winter. Two of my kids drove Monarch frequently and I was never happy about it and nervous as all get out with eyes glued to the webcam sometimes in the winter. I used to make them text me when they were over needless to say they finally quit telling me when they were driving this and other passes around Gunnison.

It wasn’t so much about how scary the pass is-it’s about using it as an excuse to have Barry able to visit them, instead of the reverse. I would imagine that the pass is equally dangerous for both sexes. Driving skill levels might factor, but my cynical side finds it funny that these powerful women, including one who has not lived home in many years, is unable to navigate her way to Salida. Perhaps just choose to wait until the roads are safer to visit dear old Dad. Well at least no sleepovers in Gunnison.

 

[CGray123]

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.

Re-posting my own previous to add a point.

E&N are skilled and diligent, but they aren't superhuman. The wins we know about are in cases they should win, that any competent defense attorney would win. If the plea deal DN negotiated for KK seems lenient there's a reason: without her testimony the prosecution has no case against the monster, PF. DN used that leverage effectively, but there are dozens of defense attorneys who would have achieved the same result.

 

[Seattle1]

It wasn’t so much about how scary the pass is-it’s about using it as an excuse to have Barry able to visit them, instead of the reverse. I would imagine that the pass is equally dangerous for both sexes. Driving skill levels might factor, but my cynical side finds it funny that these powerful women, including one who has not lived home in many years, is unable to navigate her way to Salida. Perhaps just choose to wait until the roads are safer to visit dear old Dad. Well at least no sleepovers in Gunnison.

I agree -- and if BM had concern for his beloved family driving the pass, such as last night after the hearing concluded (versus blue skies and sunshine this morning), he would have thought about that when making his housing choice.

 

[Lyanna]

It wasn’t so much about how scary the pass is-it’s about using it as an excuse to have Barry able to visit them, instead of the reverse. I would imagine that the pass is equally dangerous for both sexes. Driving skill levels might factor, but my cynical side finds it funny that these powerful women, including one who has not lived home in many years, is unable to navigate her way to Salida. Perhaps just choose to wait until the roads are safer to visit dear old Dad. Well at least no sleepovers in Gunnison.

And assuming the drive has been done anyway during winter months for the court appearances.

 

[Momofthreeboys]

Whoa!! Back up 95 feet there! Are you saying that Barry wasn't at Salida Stove and Spa that afternoon/evening like Barry and his defence said he was?

edit

Wasn’t it said that trip was late afternoon…like 4:00 or something like that?

 

[IceIce9]

Yeah, I read the thing about the girls having to go over the pass and all that; cause you know girls can’t drive like big burly men. Even if they have monster trucks. I’m cynical today.

I think it is insulting for him to imply that girls (women) can’t drive over it like men can.

MOO Girls can do anything men can do especially with those vehicles.

 

[Lyanna]

Wasn’t it said that trip was late afternoon…like 4:00 or something like that?

Around 5pm I believe, due to discussions around the store not being open after 2ish.

Could be wrong

 

[Momofthreeboys]

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

How do we know he has a GF living with him?

I would run on the assumption that he did subcontract work at least until the snow flew.