Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92

[sk716]

Did anyone spot a coffee mug in the kitchen? I saw a glass on the counter, but that was it.

I took a crapton of screencaps of the kitchen last night. I couldn't clearly make out a coffee cup, but there does seem to be something near what I think is the coffee pot. These are the clearest.

 

[Warwick7]

This is an old post from @OldCop

Its an excellent summary of events:

"May 12th

This is as I recall it also, @10ofRods. This was Tuesday, May12th, 2 days after SM disappeared. It was a very busy day for BM. I believe that this was the day he completely realized that he may actually be a suspect in her disappearance. He knew that LE was not buying his story. He needed to make sure he covered all bases.

AM was in town and he participated in a search with some of BM’s friends. BM put himself in a separate search group.

He also sent TN and GD over to see MG and remind her she didn’t have to turn over her phone or talk to LE and that he wasn’t going to pay her because it would like hush hush money.

Then BM slipped away from everyone and went rummaging through the trash at the Poncha Market and he was caught red handed.

My theory has been that he dumped SM’s phone in that trash can on his way out of town on Sunday morning after disabling it. He never thought that LE would doubt his story. He never thought that LE would be examining his movements on Sunday morning.

Now he is nervous. What if he was captured on tape dumping that phone? He just had to go back and make sure it was not still in the trash. He thought the Market was closed. (Actually it was, but the employees were still inside.) When questioned he was so flustered he couldn’t even come up with a description of his missing wife.
Did he find what he was looking for on Tuesday evening or did he go back later?"

 

[justtrish]

This is an old post from @OldCop

Its an excellent summary of events:

"May 12th

This is as I recall it also, @10ofRods. This was Tuesday, May12th, 2 days after SM disappeared. It was a very busy day for BM. I believe that this was the day he completely realized that he may actually be a suspect in her disappearance. He knew that LE was not buying his story. He needed to make sure he covered all bases.

AM was in town and he participated in a search with some of BM’s friends. BM put himself in a separate search group.

He also sent TN and GD over to see MG and remind her she didn’t have to turn over her phone or talk to LE and that he wasn’t going to pay her because it would like hush hush money.

Then BM slipped away from everyone and went rummaging through the trash at the Poncha Market and he was caught red handed.

My theory has been that he dumped SM’s phone in that trash can on his way out of town on Sunday morning after disabling it. He never thought that LE would doubt his story. He never thought that LE would be examining his movements on Sunday morning.

Now he is nervous. What if he was captured on tape dumping that phone? He just had to go back and make sure it was not still in the trash. He thought the Market was closed. (Actually it was, but the employees were still inside.) When questioned he was so flustered he couldn’t even come up with a description of his missing wife.
Did he find what he was looking for on Tuesday evening or did he go back later?"

Oh gosh that's right!! The dumpster diving! So not only does he toss things in various dumpsters, he searches them also.

Horrific thought and likely not the case, but what if he put her in there? Surely that would smell.. unless it was dumped before he went back to rummage around. I wonder when that dumpster was emptied?

 

[Warwick7]

Evidently there was something incriminating on MG’s phone. BM did not want MG turning it over to LE.

She turned her phone over either Tuesday or Wednesday and had at least two interviews with LE.

When BM found out, he fired her. Imagine his rage when he realized this woman might be his downfall? No wonder she left town.

 

[Murphy1950]

I took a crapton of screencaps of the kitchen last night. I couldn't clearly make out a coffee cup, but there does seem to be something near what I think is the coffee pot. These are the clearest.

Thanks SK716, "Crapton" (a new word for wordel (?)nah 7 letters) you have worked so hard on this case, I don't see any semblance of a coffee cup. The glass on the counter is clear...so why all the fuss about a coffee cup and not the glass. What am I missing?

 

[sk716]

One thing about supposed missing journeys is they can check against the mileage - this is how they know about the elk run ...

So if the truck "moves" but there are no missing km - then most likely its just some kind of GPS error

Something I've noted from my own Garmin GPS is that it is accurate enough in general, but in specific moments it is incorrect. Particularly in bad weather it can struggle to acquire the signal (GPS is passive)

What i was wondering about with the truck is whether it logged any locations on the elk run?

Most late model cars I use have built in navigation, so the car is tracked pretty accurately at all times - though i am not sure how much of that is saved anywhere.

I lean towards this being a glitch.

We believe he pulled a fuse under the dash that disabled the GPS and SYNC features. When that happened the system only recorded GPS coordinates from when the truck went into/out of gear, and only made note of physical interactions between the truck and Barry, doors opening/closing, various lights coming on and off. I suspect if he had adjusted a power mirror it would have been noted as well. In theory, it should note when the blinker is used, but we don't really know if Barry is the kind of guy that never uses the blinker or not.

There are no truck telematics from the time he left the house until he gets out of the truck at the RTD bus stop. I don't know if/when he put the fuse back in, but it can't be before he brings the tools into the HIE. I think he had to have gotten it back in before he got back to Maysville though, or forensics would have noted it as the cause of the power removal event.

From the AA

17:33:32 (Telematics) From “(UI) Events” “Power Removed” action occurred (UI)​

 

[sk716]

The standout to me from the body cam footage of BM being taken in the house is LE asking HIM to collect a bag for SM’s scent article. Most dog handlers prefer to collect them themselves in the presence of the call out agency/dept. They usually come prepared with their own collection bags. I don’t believe this will matter at all in this case but it’s a training clip “don’t” examples for others. IMO

I also don’t think BM hid evidence or anything in that drawer right in front of LE. IMO

I did wonder why Avila didn't have a bag with him, at that point many were already giving Barry the side eye. Maybe Avila was out of the loop.

I agree that he didn't put anything in the drawer. He just wasn't in the drawer enough to immediately grab the right thing. It's also very low light and Barry's over fifty.

 

[Cindizzi]

This is an old post from @OldCop

Its an excellent summary of events:

"May 12th

This is as I recall it also, @10ofRods. This was Tuesday, May12th, 2 days after SM disappeared. It was a very busy day for BM. I believe that this was the day he completely realized that he may actually be a suspect in her disappearance. He knew that LE was not buying his story. He needed to make sure he covered all bases.

AM was in town and he participated in a search with some of BM’s friends. BM put himself in a separate search group.

He also sent TN and GD over to see MG and remind her she didn’t have to turn over her phone or talk to LE and that he wasn’t going to pay her because it would like hush hush money.

Then BM slipped away from everyone and went rummaging through the trash at the Poncha Market and he was caught red handed.

My theory has been that he dumped SM’s phone in that trash can on his way out of town on Sunday morning after disabling it. He never thought that LE would doubt his story. He never thought that LE would be examining his movements on Sunday morning.

Now he is nervous. What if he was captured on tape dumping that phone? He just had to go back and make sure it was not still in the trash. He thought the Market was closed. (Actually it was, but the employees were still inside.) When questioned he was so flustered he couldn’t even come up with a description of his missing wife.
Did he find what he was looking for on Tuesday evening or did he go back later?"

AH ! Thanks for this @Warwick7 !
I always loved seeing @OldCop posts for his insights but don’t remember this one.
Makes perfect sense.
We all wondered what the heck was that rummaging in the trash about.
With the timing and the location of the market, it makes sense to me.
Even after learning of all the trash dumps. I don’t think BM would travel that far to get rid of the phone and charger . He’d be too paranoid.
And we KNOW he dumped them somewhere.

JMO

 

[sk716]

I disagree that Judge M had no responsibility to make redactions. The advocates take their positions (no surprise that the defense's was that all the significant evidence should not be released), but he is the final arbiter of what information is to be made public, and he has the ultimate responsibility to assure the defendant gets a fair trial. IMO, he failed in that responsibility. Some of us may be willing to let him off the hook, but I am not sure Chaffee County voters will. We'll get an answer soon: he is up for his second retention election this fall.

I agree that the DA has responsibility too, and that there are lessons to be learned - if the citizens hold their public officials accountable.

Murphy released the AA, sure. It's not uncommon to make the AA available after arraignment.

Lama just dropped all of the exhibits from the PH which are all crazy bad for Barry. We have reached a point where there is no jury pool in Colorado that hasn't been prejudiced. This is an appeal waiting to happen and they could win on it. I'm thrilled to finally have the images we've wanted, but E&N are already writing the appeal while writing another motion to dismiss. Because if a day goes by that E&N don't file a motion to dismiss an angel gets their wings.

 

[rainbowshummingbird]

I'd looked up the prosecutors on the case before but I'd never looked up what they looked like. I googled Deputy District Attorney Mark Hurlbert, and realized that I'd seen him on an episode of Dateline several years ago.

The case was the murder of Stephanie Bruner, by her husband Dale Bruner. I decided to watch it, and it has some striking similarities to this one.

Married couple, she has an affair, she tells him she's leaving him, he murders her.

No physical evidence, but his lies and implausible story went a long way.

The defense claimed, “the only thing that could convict his client is direct evidence,” District Attorney Mark Hurlbert said. “Unfortunately, the law disagrees with Mr. Bernhardt.”

The law, prosecutors said, makes no distinction between circumstantial and direct evidence.

He has an impressive resume, to include the James Holmes case (Aurora theater shooter), and the Kobe Bryant sexual assault case (that case collapsed when the accuser refused to testify).

Mark Hurlbert Leaves Legacy In High County, Will Now Prosecute James Holmes – CBS Denver

Dale Bruner: The evidence against

Thanks for the reminder of a Colorado wife killer who was convicted on circumstantial evidence and sentenced to 112 years.

I wonder if Barry has looked into the history of Mark Hurlbert’s cases.

 

[Kemug]

RSBM
The animals should be jurors.

Yes! Although remember that some are his near relatives

 

[sk716]

I'd looked up the prosecutors on the case before but I'd never looked up what they looked like. I googled Deputy District Attorney Mark Hurlbert, and realized that I'd seen him on an episode of Dateline several years ago.

The case was the murder of Stephanie Bruner, by her husband Dale Bruner. I decided to watch it, and it has some striking similarities to this one.

Married couple, she has an affair, she tells him she's leaving him, he murders her.

No physical evidence, but his lies and implausible story went a long way.

The defense claimed, “the only thing that could convict his client is direct evidence,” District Attorney Mark Hurlbert said. “Unfortunately, the law disagrees with Mr. Bernhardt.”

The law, prosecutors said, makes no distinction between circumstantial and direct evidence.

He has an impressive resume, to include the James Holmes case (Aurora theater shooter), and the Kobe Bryant sexual assault case (that case collapsed when the accuser refused to testify).

Mark Hurlbert Leaves Legacy In High County, Will Now Prosecute James Holmes – CBS Denver

Dale Bruner: The evidence against

Incredibly reassuring since we have no idea what's been going on in the court room.

 

[sk716]

Around the 9:50 mark, LE is discussing the last time Barry saw Suzanne sleeping in bed. BM exhibits a classic clue of deception. He touches his nose...
Also, the 12:50 mark when BM plays charades to tell the LE Officer how the bike flipped, explaining why the front tire was facing "up" the incline. All JMO

I hadn't even noticed the nose swipe. He messed up. He'd been trying to keep his hands out of view so his subconscious totally got away from him.

 

[Warwick7]

AH ! Thanks for this @Warwick7 !
I always loved seeing @OldCop posts for his insights but don’t remember this one.
Makes perfect sense.
We all wondered what the heck was that rummaging in the trash about.
With the timing and the location of the market, it makes sense to me.
Even after learning of all the trash dumps. I don’t think BM would travel that far to get rid of the phone and charger . He’d be too paranoid.
And we KNOW he dumped them somewhere.

JMO

Yep...exactly...

 

[sk716]

This is an old post from @OldCop

Its an excellent summary of events:

"May 12th

This is as I recall it also, @10ofRods. This was Tuesday, May12th, 2 days after SM disappeared. It was a very busy day for BM. I believe that this was the day he completely realized that he may actually be a suspect in her disappearance. He knew that LE was not buying his story. He needed to make sure he covered all bases.

AM was in town and he participated in a search with some of BM’s friends. BM put himself in a separate search group.

He also sent TN and GD over to see MG and remind her she didn’t have to turn over her phone or talk to LE and that he wasn’t going to pay her because it would like hush hush money.

Then BM slipped away from everyone and went rummaging through the trash at the Poncha Market and he was caught red handed.

My theory has been that he dumped SM’s phone in that trash can on his way out of town on Sunday morning after disabling it. He never thought that LE would doubt his story. He never thought that LE would be examining his movements on Sunday morning.

Now he is nervous. What if he was captured on tape dumping that phone? He just had to go back and make sure it was not still in the trash. He thought the Market was closed. (Actually it was, but the employees were still inside.) When questioned he was so flustered he couldn’t even come up with a description of his missing wife.
Did he find what he was looking for on Tuesday evening or did he go back later?"

I don't know that he had the time to go to Poncha Market. But I haven't found the camera up 285 to know the distance between.

66 Investigators have driven from the intersection of Highway 225 and Highway 50 to Garfield, a distance of 2.73 miles, an impossible distance to see an elk at or around 4:32AM and follow it in a short period of time. Barry had about 30 minutes to head that way, tum around and head back towards Highway 285. Barry’s truck was seen passing video surveillance on Highway 50 right near the junction with Highway 285 and then again just north on Highway 285 at around 5:14 and 5:16AM.
​

285 is the road that goes north from Salida Stove and Spa.

​

 

[Warwick7]

I don't know that he had the time to go to Poncha Market. But I haven't found the camera up 285 to know the distance between.

66 Investigators have driven from the intersection of Highway 225 and Highway 50 to Garfield, a distance of 2.73 miles, an impossible distance to see an elk at or around 4:32AM and follow it in a short period of time. Barry had about 30 minutes to head that way, tum around and head back towards Highway 285. Barry’s truck was seen passing video surveillance on Highway 50 right near the junction with Highway 285 and then again just north on Highway 285 at around 5:14 and 5:16AM.
​

View attachment 332537
285 is the road that goes north from Salida Stove and Spa.

​

Are you talking about his activities on Sunday May 10tj, when you say that he hadn't the time to go to Poncha Market?

 

[sk716]

Are you talking about his activities on Sunday May 10tj, when you say that he hadn't the time to go to Poncha Market?

Yes May 10th early am. Sorry. He's got roughly two minutes from the camera at the Shell station until he shows up on the next camera on 285.

ETA: Something did connect for the last time on the 12th though.

(Possible Second Device for Barry)
On June 11, 2020, your affiant received information from FBI SA Grusing and Computer Scientist Brian Turner that while reviewing the data from the cell phone extraction of Barry’s iPhoneFrom the AA: (Barry’s Verizon Records) From 5:41PM on Friday, May 8, 2020, through Sunday, May 10,2020, all eleven calls between Barry and Suzanne are outgoing from Barry to Suzanne. Out of 58 voicemails on Barry’s phone, none are from Suzanne. Barry deleted numerous calls between himself and Suzanne from May 4-5, 2020. When asked by FBI Agents in April… Read more, they found a second device, User ID: 2BD073C4-EFD5-413C-92AC-351DD5B43C11, identifier: REDACTED was associated with Barry’s iPhone with an SMS at 03:43:44 PM MST on May 8th, 2020.

This user ID is separate from the primary User ID: D2AAE6DB-8F77-4583-B5D4-B966F3D23F70, identifier: REDACTED

This second device was first used on November 30,2019 and was associated with Barry’s iPhone 91 times since then, compared to 1,701 associations with the primary User ID since November 2019.

Dates this device was associated with Barry’s iPhone since May 5, 2020:

05/05/2020 12:48:34 PM (UTC-6)
05/10/2020 08:47:28 AM (UTC -6)
05110/2020 11:50:52 AM (UTC -6)
05/11/2020 07:54:50 AM (UTC -6)
05/11/2020 08:14:29 AM (UTC -6)
05/11/2020 05:44;42 PM (UTC -6)
05/12/2020 05:58:11 PM (UTC -6)

As of this present date, this second device has not been identified.​

 

[Warwick7]

I am just at the part in the AA where BM shifted in his chair when Grusing suggested mine shafts. Barry then quickly jumps to a subject to searching for a buried body, disturbed dirt, and clothing.

He a b s o l u t e l y skips past mine shafts!!

 

[Warwick7]

Yes May 10th early am. Sorry. He's got roughly two minutes from the camera at the Shell station until he shows up on the next camera on 285.

ETA: Something did connect for the last time on the 12th though.

(Possible Second Device for Barry)
On June 11, 2020, your affiant received information from FBI SA Grusing and Computer Scientist Brian Turner that while reviewing the data from the cell phone extraction of Barry’s iPhoneFrom the AA: (Barry’s Verizon Records) From 5:41PM on Friday, May 8, 2020, through Sunday, May 10,2020, all eleven calls between Barry and Suzanne are outgoing from Barry to Suzanne. Out of 58 voicemails on Barry’s phone, none are from Suzanne. Barry deleted numerous calls between himself and Suzanne from May 4-5, 2020. When asked by FBI Agents in April… Read more, they found a second device, User ID: 2BD073C4-EFD5-413C-92AC-351DD5B43C11, identifier: REDACTED was associated with Barry’s iPhone with an SMS at 03:43:44 PM MST on May 8th, 2020.

This user ID is separate from the primary User ID: D2AAE6DB-8F77-4583-B5D4-B966F3D23F70, identifier: REDACTED

This second device was first used on November 30,2019 and was associated with Barry’s iPhone 91 times since then, compared to 1,701 associations with the primary User ID since November 2019.

Dates this device was associated with Barry’s iPhone since May 5, 2020:

05/05/2020 12:48:34 PM (UTC-6)
05/10/2020 08:47:28 AM (UTC -6)
05110/2020 11:50:52 AM (UTC -6)
05/11/2020 07:54:50 AM (UTC -6)
05/11/2020 08:14:29 AM (UTC -6)
05/11/2020 05:44;42 PM (UTC -6)
05/12/2020 05:58:11 PM (UTC -6)

As of this present date, this second device has not been identified.​

You are right on your data, but my original post is about May 12th.

 

[Boxer]

Timing is off on that, isn’t it? GD called Barry between 5:30 and 6, and Barry said he was just outside Buena Vista? Or Barry was lion.

This is one of Plunder's transcription videos. I have a difficult time listening to her (love that she does this so not knocking her, just I zone out and have trouble with focusing on people reading things like this).. I figured out I can hit the 3 dots under the video and there is a transcribe button and I can then scroll through the transcription of the video to find key items I want to look at.

In this video @53:36 There is mention that the location of Barry's truck changed from 2:43 to 4:44, BUT the truck didn't register anything in the data like doors open, closed, starting the truck, etc. The gps location just changed from those two times.

Also, earlier in this video it's stated that on the 9th the first activity for Barry's truck is at 10:05am and it's at this work site.

Why would the truck not record the driving to the work site that morning? Why did the truck not register any activity for those 2 hours in the afternoon, but the gps location changed?

IF (big if) the truck didn't record the drive to work that day, then it's possible it didn't record Barry taking her somewhere after 2:43.

The defense is trying to assert that because the truck didn't record anything during that time, but it changed locations then it's possible he went to the spa store and that accounts for the missing miles.

I think it's equally possible he was disposing of her during those hours and the missing miles can be found there, but not going to the spa store and instead taking her somewhere else.

There is a camera at the Shell Spa trip that would recordethe trips.