He heard a noise in the night and thought a mouse/chipmunk/ Mexican was in the garage so he checked her purse was still there.
Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #93
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He heard a noise in the night and thought a mouse/chipmunk/ Mexican was in the garage so he checked her purse was still there.
Megnut
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Question. JL tried to save his hide. He deleted everything he could and laid low. He failed to fill in many key data points for MDW, when timing was most critical.
Is it possible he did join Suzanne on WA? But 7 months later he didn't feel compelled to volunteer that? (I think he may have said that he didn't think they had met up on WA that day -- true? Or more CYA?)
LE would've had a headstart with JL's cooperation, pinpointing to her last contact on Saturday. Remember when LE said something about pinning Suzanne's last contact later (JL, afternoon) than earlier (SO, morning) --
So... IF JL and Suzanne did have a virtual rendezvous, immediately post proof-of-life selfie, what if THAT'S what Barry saw? What if Barry had cameras throughout "his" house -- monitoring everybody's virginity/fidelity and that's why he flew home?
Trail cam facing the patio, mini camera in longhorn heads, spare cameras in a location Suzanne felt safe-enough, like an upstairs bedroom.
Thing is, JL could solve that question. Bur my guess, he's exhausted from covering his precious asterisk.
If LE doesn't know it, would he ever volunteer/admit to hooking up in a daughter's bedroom?
Suzanne had to know she had to be careful, as she was sure he had cameras. IMO this would solve that.
She wouldn't think he'd put cameras there. That would be just too inappropriate, too creepy -- two things he isn't above, turns out.
Could Suzanne have been upstairs when he was tearing through walls? (And that's how the syringe sheath got messed up with the sheets?)
If Suzanne ducks and runs, maybe her bedroom was her only shot at 911. (It was 2:45... she rides every day. She'd been communicating with JL for hours. IMO she'd never head out on a solo ride without a fully charged cellphone. Which would put her phone where her charger was, on her nightstand. She outpaces Barry, fueled by adrenaline and horror.
He ramrods the door because he can't have her calling 911.
There he rips the phone from her, the phone from the wall, and holds her in a headlock until the sedative does what he intended it to. There's your second half of premeditation (first half, loading a tranq dart). How long a hold would that be? Didn't the expert say 7-8 minutes?
Very different image than young jock Barry carrying young sick Suzanne....
JMO
Is it possible he did join Suzanne on WA? But 7 months later he didn't feel compelled to volunteer that? (I think he may have said that he didn't think they had met up on WA that day -- true? Or more CYA?)
LE would've had a headstart with JL's cooperation, pinpointing to her last contact on Saturday. Remember when LE said something about pinning Suzanne's last contact later (JL, afternoon) than earlier (SO, morning) --
So... IF JL and Suzanne did have a virtual rendezvous, immediately post proof-of-life selfie, what if THAT'S what Barry saw? What if Barry had cameras throughout "his" house -- monitoring everybody's virginity/fidelity and that's why he flew home?
Trail cam facing the patio, mini camera in longhorn heads, spare cameras in a location Suzanne felt safe-enough, like an upstairs bedroom.
Thing is, JL could solve that question. Bur my guess, he's exhausted from covering his precious asterisk.
If LE doesn't know it, would he ever volunteer/admit to hooking up in a daughter's bedroom?
Suzanne had to know she had to be careful, as she was sure he had cameras. IMO this would solve that.
She wouldn't think he'd put cameras there. That would be just too inappropriate, too creepy -- two things he isn't above, turns out.
Could Suzanne have been upstairs when he was tearing through walls? (And that's how the syringe sheath got messed up with the sheets?)
If Suzanne ducks and runs, maybe her bedroom was her only shot at 911. (It was 2:45... she rides every day. She'd been communicating with JL for hours. IMO she'd never head out on a solo ride without a fully charged cellphone. Which would put her phone where her charger was, on her nightstand. She outpaces Barry, fueled by adrenaline and horror.
He ramrods the door because he can't have her calling 911.
There he rips the phone from her, the phone from the wall, and holds her in a headlock until the sedative does what he intended it to. There's your second half of premeditation (first half, loading a tranq dart). How long a hold would that be? Didn't the expert say 7-8 minutes?
Very different image than young jock Barry carrying young sick Suzanne....
JMO
Seattle1
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Yes, each state writes its own criminal procedure rules.
Colo. R. Crim. P. 16, linked below, governs Discovery & Procedure before trial, and provides that the prosecuting attorney perform their disclosure obligation:
".... as soon as practicable but not later than 21 days after the defendant's first appearance at the time of or following the filing of charges, except that portions of such reports claimed to be nondiscoverable may be withheld pending a determination and ruling of the court under Part III but the defense must be notified in writing that information has not been disclosed."
Subsequent to the compliance standard above, the prosecutor has a Continuing Duty to Disclose ".... if a party discovers additional material or information subject to disclosure, including the names and addresses of any additional witnesses who have become known or the materiality of whose testimony has become known to the district attorney...."
Under the Rule, there are only two matters not subject to disclosure: Work product and Informants.
Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator
waldojabba
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Just as an fyi - In Connecticut there is a new law that expands the definition of domestic violence to include coercive control. “Jennifer’s Law” was named after Jennifer Dulos and Jennifer Magnano, two Ct women, who were tragically killed by their husbands as they were attempting divorce. Maybe this new law will spur other states to reevaluate their DV definitions. BBM below
A closer look at CT's new domestic violence law: Jennifer's law | fox61.com
The law is more than 40 pages long and includes a number of new measures to help domestic violence victims, but perhaps the most profound piece of the new law is the expanded definition of domestic violence to include “coercive control.” It’s defined in the law as “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” That can include isolating, controlling, regulating, monitoring, threatening behavior, or financial abuse.
“Coercive control and controlling behavior, in general, is the crux of domestic violence," said Karen Foley O'Connor, Executive Director of The Network Against Domestic Abuse. "What’s good about this bill is that we now have [an] agreed-upon language to define it here in the state.”
HongKongPhooey
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We have something v similar here in the UK too.
Tumbleweed
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I wasn't so sure I was on-board with the idea of BM swapping out the SIM card on the bobcat, but I am now.
Check out the first line of the skid steer data, which is from 5/4. The odometer is at zero! I think this indicates that a new SIM card was installed, as we haven't heard anything about Barry buying a new bobcat. This would seem to imply that he had 2 SIM cards. I doubt that the backhoe attachment had a SIM card, as it is just an attachment, and probably has no computer in it. But I do think he somehow got a hold of another one.
The first time he started the bobcat after swapping out the SIM card on 5/4 was in a field behind Anytime Fitness at 13:08. I don't think we can determine where the bobcat was when the card was swapped, as we don't have the skid steer data before this time, but it seems possible to me that he drove to that field and then swapped it out. Perhaps a practice run?
I also noticed on the last line of the skid steer data, where it says "other" for the message type as JustTrish has mentioned previously, the GPS quality column drops to a 1. Everywhere else in the data it is a 3. I'm wondering if that happens if the SIM card is removed. Also, maybe that is why the data trail ends there, as he put in a new SIM card while at DSI (IMO). I was thinking how crazy it was that at the critical time frame that afternoon, we weren't shown any skid steer data. Well, maybe, there is none! Putting in his 2nd SIM card would explain that lack of data. He does his disposal that evening, and then puts the original SIM card back in. All IMO.
Check out the first line of the skid steer data, which is from 5/4. The odometer is at zero! I think this indicates that a new SIM card was installed, as we haven't heard anything about Barry buying a new bobcat. This would seem to imply that he had 2 SIM cards. I doubt that the backhoe attachment had a SIM card, as it is just an attachment, and probably has no computer in it. But I do think he somehow got a hold of another one.
The first time he started the bobcat after swapping out the SIM card on 5/4 was in a field behind Anytime Fitness at 13:08. I don't think we can determine where the bobcat was when the card was swapped, as we don't have the skid steer data before this time, but it seems possible to me that he drove to that field and then swapped it out. Perhaps a practice run?
I also noticed on the last line of the skid steer data, where it says "other" for the message type as JustTrish has mentioned previously, the GPS quality column drops to a 1. Everywhere else in the data it is a 3. I'm wondering if that happens if the SIM card is removed. Also, maybe that is why the data trail ends there, as he put in a new SIM card while at DSI (IMO). I was thinking how crazy it was that at the critical time frame that afternoon, we weren't shown any skid steer data. Well, maybe, there is none! Putting in his 2nd SIM card would explain that lack of data. He does his disposal that evening, and then puts the original SIM card back in. All IMO.
And you know defense exhibits submitted into evidence have ZERO traces listed for Barry's truck from 10:13 until 1:55. Wonder why that is? Every section they have in evidence jumps right over that time frame. I think they know that is a crucial time. His truck does not do what he said he did. I think that very time frame could be what shows premedication (not that some other things don't). If he said he was coming home, but didn't even pull in the drive way and then wandered the woods, not having lunch with suzanne, not sunbathing, but instead doing something so important he had to come home and move the bobcat blade change back a bit.. then he's calling her as he's heading toward DSI.. seems to me he needed to call her because he didn't see her during his veggie soup lunch and sunbathing.. maybe he wanted to make sure she wasn't on to him. Then the text "did you leave".. The defense includes all of Saturday morning and even the door open/close events that night and the backing up of the truck from the garage to the side of the house later on at 9 something.. but zero from 10:13 to 1:55.
I really want to know if the SIM card is possibly back under that blade or maybe it's easily accessible when the blade is off? I will look into that. I think the mention of the bolts near the skid steer also could be something.
Another thought I had was maybe the "other" is the blade change, but I think the skid steer would likely be off at that point and not sure it would register any data if it wasn't turned on? Maybe the SIM removal does trigger something because it tries to connect but the signal is low? Not sure if a blade change would trigger a data point on the SIM.
Seattle1
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The potential witness list is required disclosed early (discovery) that the defense investigators may contact them and conduct their own inquiries.
While I agree the prosecution may eliminate some witnesses they are absolutely certain will not be called as witnesses, I disagree they have any duty to consolidate their witness list for the convenience of the defense -- including eliminating family such as TN from the prosecution witness list. The burden to prove the defendant guilty is on the state!
We saw the same request by the defense for the preliminary hearing where E & N complained when they received the witness list but that doesn't mean it's an alleged violation (as they like to repeat) even though the prosecution didn't call all the witnesses on their list at the preliminary hearing. MOO
ETA: fix broken quote
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I think we can see clearly the reasons Suzanne didn't leave. He controlled the money, even her inheritance money. I typically agree that money gained is "family money", but it seems there was an agreement and her money was tied up in that house that was going to sell. One of her texts from fall of 2019 mentions holding off until the sale of the house possibly in January 2020. Seems that was pushed back and we know it didn't sell until June when conveniently for Barry, she was gone. She was fairly isolated from her long time friends, her family and likely a support system she would have if she left him. Her treatments were in Colorado, her girls were in Colorado.. she was stuck, but I see finally having hope that there would be an end and she could leave with maybe her inheritance and just go. I don't see any texts suggesting she was trying to take him for all he was worth.. just the opposite. She spoke of a simple life, not monetary things. She just didn't make it to that freedom she so longed for.
For the girls, I see maybe some financial need or hold out because if they don't support them then they alienate their only parent left, and it seems maybe Barry's mom and that's it as far as family close by. There seems to be a divide from Suzanne's family that is likely a result of Barry before even Suzanne was gone.. I think fear.. if they allow themselves to believe he killed their mom, then if they make him mad, could he kill them? I think many complex things probably are at play and I think deep down they both might at some point if not already questions "is it possible?" If they voice that now and he walks.. then where does that leave them?
Best part is he sealed that fate when he told agents she asked him to take the bike out sometime on Saturday and he did. I think he said that so it wasn't suspicious that his prints are on the bike and helmet. But what he didn't consider is when did he do that? That trunk opening will be telling.
Seattle1
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As you also know, this case isn't reliant on the truck evidence alone because it's also BM's phone evidence that places him in the woods behind the house, allegedly looking for a turkey. (Personally, I find vehicle telematics unreliable compared to cell phone evidence and why I cite the phone records and not the telematics).
After the Bobcat blade was replaced at DSi, it's also the phone evidence that shows the estimated 9 unanswered calls to SM until BM finally sends SM the text asking if she left.
As for BM doing a secret blade change, I'd rethink that! Probable but not plausible that BM unloaded the Bobcat from the trailer, etc., all the while his phone showed he's down near the river. That is unless you think BM made a deal with the chipmunks to impersonate him for an hour or so along the river so he could secretly change the blade!
ar3593
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Yes, very good observations @TwinkieDefense..BM holds little value for Suzanne and does not want to personalize her by using her name. I think he is trying to create a distance between them so he doesn't feel any remorse. JMOO
^^bbm
As you also know, this case isn't reliant on the truck evidence alone because it's also BM's phone evidence that places him in the woods behind the house, allegedly looking for a turkey. (Personally, I find vehicle telematics unreliable compared to cell phone evidence and why I cite the phone records and not the telematics).
After the Bobcat blade was replaced at DSi, it's also the phone evidence that shows the estimated 9 unanswered calls to SM until BM finally sends SM the text asking if she left.
As for BM doing a secret blade change, I'd rethink that! Probable but not plausible that BM unloaded the Bobcat from the trailer, etc., all the while his phone showed he's down near the river. That is unless you think BM made a deal with the chipmunks to impersonate him for an hour or so along the river so he could secretly change the blade!
No I was saying he moved the blade change time back. He came home instead of going to get the blade changed at the original time... not that he changed it again at the house. I think the reason for the truck not being in the driveway is so she doesn't know he is home. If he pulled all the way in, she would know he was home. I suspect she had no idea he was even in the woods doing anything during that time. I think it would be less incriminating if he pulled in where he normally parks and then headed down in the woods. He could say she knew he was home and this is what he always did. Why would he not want her to know he was home after he just told her he was heading home? Then he told investigators he had lunch with her. He was up to no good during this time and needed to keep the truck further way so she didn't spot him.
eyeseestars
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The more I think about it, the more I'm convinced BM may have utilized MM2's truck, if only to pull the trailer to the dump spot. Even though he was tampering with wires and attempting to hamper telematics, I think if I were headed out to hide a body I'd go for the car I knew with 100% certainty didn't have tracking. I also don't think he would have risked anyone seeing and identifying his truck. I've been looking at his trailer hitch in the photos wondering if he could have swapped the receiver hitch out and used it on her RR if she didn't have one. Could this be the reason for the slight truck repositioning that occurs at 9:25? To hook the trailer up to a different car?
Edit: something else I noticed in the AA: says the Bobcat was found by LE in a position that seemed to suggest it had been used to unhitch the trailer from a vehicle. Which absolutely makes no sense- we have a flat bed trailer and when it's empty I have zero issues unhitching it from my car all by myself. And I'm a very small woman.
Edit: something else I noticed in the AA: says the Bobcat was found by LE in a position that seemed to suggest it had been used to unhitch the trailer from a vehicle. Which absolutely makes no sense- we have a flat bed trailer and when it's empty I have zero issues unhitching it from my car all by myself. And I'm a very small woman.
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ar3593
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@OldCop, I am re-posting my thoughts on this exact subject. MM2 is between a rock and a hard place. So sad, see below:
ITA Lyanna. Very difficult, risky and lonely to be the odd man out. MM2, I would believe, is probably terrified of her father and rightly so. With it out in the open that MM2 supported her mother by telling her she thinks she should divorce BM and get a restraining order, that has to be unnerving for MM2. After all, if BM was indeed responsible for Suzanne's disappearance/death (which I believe wholeheartedly he was), MM2 is smart enough to realize that she could be next if not on TEAM DAD/BARE. BM is capable of anything and that in and of itself is frightening..Also, she is/was a minor without her own income / freedom to escape.
Just my opinion as always
curiouser74
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Investigators: Burning Remnants Of Underground Coal Mines Are Possible Cause Of Marshall Fire
This Is the One Colorado Fire That Snow Can't Extinguish
Because of the 2019 fire in Decker's south of Salida, and the 2018 coal seam fire west of Salida, I would imagine that BM was aware through his firefighter training of these types of mines and vents that can be hidden from view. Not only being an avid hunter, but trained in the forests through firefighter training with emphasis on mine hazards for firefighters as well as the potential for fire ignition from an underground mine, the likelihood of BM using a mine as a dumping spot seems more of a potential than burying a body in May in that altitude (frozen ground). Denver and surrounding areas do not turn on irrigation until mid April depending on temperatures and higher elevations are later than that if they have irrigation at all. Some areas in higher elevations would still be very cold in May at night.
I do not think they will find her body before trial and not for years to come if ever. Please make me eat those words!
I also do not believe that he ever thought that it would come to him murdering SM, but he had always developed a scenario in his mind, going over the details, incase he was ever backed into a corner. SM having an affair, if he could prove it, would have been a benefit to him to prove he was not the "bad guy" in the relationship. He probably mistakenly thought that if he could prove an affair or drug/alcohol use, that somehow he would pay less for child support or alimony or get custody of MM2. He would look like the hero and SM would not be believed. Too bad for BM finding out later that Colorado is a 50/50 state that does not take infidelity into account during proceedings. BM would have been forced to pay SM alimony for at least 10-20 years based on the length of their marriage and child support for MM2 until they were 19 since SM gave up her outside career to raise the children. ALL tax records and business dealings would be open for discovery if he fought her on alimony. Lawyers fees on both sides would be paid by him if he chose to fight it. The 2 choices being pay full amount leaving BM to live below way below his standards or fight it. Think about all of BM possible shady business practices. Paying in cash for everything is a red flag. Having your own business in Colorado as an LLC allows you to expense a lot. The talk of cash piles, burying cash, paying workers in cash, shady business practices, shoddy work. Investigations into his true financial picture I hope will bring the guilty verdict that most of us are hoping for.
There is more here than just money although that is at the forefront. The unraveling of BM, the lies, the things that keep him awake at night (not to be confused with guilt but strategy only), to be considered a criminal to all but his wife still looks like an angel?? To pay her thousands a month and live in squalor with your personal and business relationships all torn to bits? He loves the attention of the girls, SD, lawyers etc. He feels vindicated and justified that SM had an affair and looks like the bad guy to his daughters and his family and is eating this up.
BM was backed into a corner when SM would not bend and had made up her mind to leave. When he knew she meant it, he extinguished the problem.
This Is the One Colorado Fire That Snow Can't Extinguish
Because of the 2019 fire in Decker's south of Salida, and the 2018 coal seam fire west of Salida, I would imagine that BM was aware through his firefighter training of these types of mines and vents that can be hidden from view. Not only being an avid hunter, but trained in the forests through firefighter training with emphasis on mine hazards for firefighters as well as the potential for fire ignition from an underground mine, the likelihood of BM using a mine as a dumping spot seems more of a potential than burying a body in May in that altitude (frozen ground). Denver and surrounding areas do not turn on irrigation until mid April depending on temperatures and higher elevations are later than that if they have irrigation at all. Some areas in higher elevations would still be very cold in May at night.
I do not think they will find her body before trial and not for years to come if ever. Please make me eat those words!
I also do not believe that he ever thought that it would come to him murdering SM, but he had always developed a scenario in his mind, going over the details, incase he was ever backed into a corner. SM having an affair, if he could prove it, would have been a benefit to him to prove he was not the "bad guy" in the relationship. He probably mistakenly thought that if he could prove an affair or drug/alcohol use, that somehow he would pay less for child support or alimony or get custody of MM2. He would look like the hero and SM would not be believed. Too bad for BM finding out later that Colorado is a 50/50 state that does not take infidelity into account during proceedings. BM would have been forced to pay SM alimony for at least 10-20 years based on the length of their marriage and child support for MM2 until they were 19 since SM gave up her outside career to raise the children. ALL tax records and business dealings would be open for discovery if he fought her on alimony. Lawyers fees on both sides would be paid by him if he chose to fight it. The 2 choices being pay full amount leaving BM to live below way below his standards or fight it. Think about all of BM possible shady business practices. Paying in cash for everything is a red flag. Having your own business in Colorado as an LLC allows you to expense a lot. The talk of cash piles, burying cash, paying workers in cash, shady business practices, shoddy work. Investigations into his true financial picture I hope will bring the guilty verdict that most of us are hoping for.
There is more here than just money although that is at the forefront. The unraveling of BM, the lies, the things that keep him awake at night (not to be confused with guilt but strategy only), to be considered a criminal to all but his wife still looks like an angel?? To pay her thousands a month and live in squalor with your personal and business relationships all torn to bits? He loves the attention of the girls, SD, lawyers etc. He feels vindicated and justified that SM had an affair and looks like the bad guy to his daughters and his family and is eating this up.
BM was backed into a corner when SM would not bend and had made up her mind to leave. When he knew she meant it, he extinguished the problem.
Megnut
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The timing is all too coincidental for me.
Currently I'm squared -- the clean, quiet Bobcat was staged. He wanted it found clean.
I believe him when he says he's cheap.
I think it's possible that dogs hit on sites where Barry worked after MDW because he put his original blade back on -- getting a new blade was staging, he wanted to be seen --
Wherever Barry keeps his stuff, I'd like to know if a nice shiny new blade sat or sits, while he wears out the one he used in the commission of tampering with/concealing a body.
I bet Barry knows how to change a blade.
JMO
Currently I'm squared -- the clean, quiet Bobcat was staged. He wanted it found clean.
I believe him when he says he's cheap.
I think it's possible that dogs hit on sites where Barry worked after MDW because he put his original blade back on -- getting a new blade was staging, he wanted to be seen --
Wherever Barry keeps his stuff, I'd like to know if a nice shiny new blade sat or sits, while he wears out the one he used in the commission of tampering with/concealing a body.
I bet Barry knows how to change a blade.
JMO
Hazelnutty
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I totally agree!
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