There was a question earlier about SM's texts being admissible as evidence in the trial and this article on the court finding probable cause for first-degree murder is a good summary of what evidence the court reportedly relied on to make this decision. (Also, why the court was obligated to set bond for BM).
I think texts depicting SM's state of mind will not be challenged inadmissible. I think the court accepted BM used a tranquilizer dart here because he lied about whether or not he used the tranquilizer gun in Colorado. Hallmark or not, seems the court acknowledged Mother's Day as observed by a majority. MOO
Barry Morphew Will Stand Trial For Murder Of Wife Suzanne
Sept 17, 2021
CHAFFEE COUNTY, Colo. (CBS4)– The judge presiding over
Barry Morphew’s preliminary hearing said
there is probable cause for first-degree murder and the case will go to trial. He was arrested for the murder of
his wife Suzanne in May.
[..]
On Friday, after hearing arguments from both the defense and prosecutors Murphy said while the evidence presented means it’s possible, he could have committed the crime, he cannot say for certain a jury would find him guilty. Based on this fact, Murphy said he was obligated to set bond for Morphew.
[..]
Murphy laid out many reasons why he believed first-degree murder was likely in the case,
citing texts in the months leading up to Suzanne’s disappearance where she stated she was fearful. She said she was scared of Barry, that he was unstable, and Murphy said that fact alone makes it more likely that he was capable of harming his wife.
He also pointed out that on May 10, the day Suzanne went missing, while the Broomfield ordinance doesn’t allow construction work on Sundays, Barry knowingly went anyways and told investigators he spent around 5 hours in his hotel watching TV.
[..]
Murphy said it makes no sense why he would leave his wife alone on Mother’s Day to drive to a job site he knew he couldn’t work and watch TV for most of the day.
He also
pointed to the many discrepancies in statements made by Barry Morphew. One example he provided surrounded the dart gun.
On May 28, 2020 Barry Morphew said he never used his tranquilizer darts in Colorado, but later, on March 5 of this year, Morphew said he would use those darts on deer for antlers.
Murphy did go back to the reason he set bond, “Is he in danger of a jury verdict for first-degree murder?” Murphy said he couldn’t say with certainty and that there were multiple scenarios that cannot, at this point, be proved true or false:
1. Morphew murdered his wife and disposed of her body
2. Suzanne has purposely disappeared (Murphy believes this is
unlikely).
3. Someone else killed her – Murphy says the DNA found in her car is evidence this is
at least a possibility
Murphy also reminded the court that there is
no direct evidence linking Barry Morphew to the murder,
no witnesses,
no forensic evidence and he has not admitted to the crime. He says while the home security system was dibbled [disabled], it was Suzanne Morphew’s DNA on the cords to the security system. There was also
unknown DNA detected on her bike and in the backseat of her car.
