Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #93

[mom2chloe]

This bothers me. The defense have great lawyers. They are going to portray SM as a cheating wife, alcoholic and drug abuser, while portraying BM as a a successful business man who worked hard, a religious man a loving husband and father. This could tip the outcome in BM favor. I have little faith in the prosecution to counteract them.

For Suzanne and every other DV victim please keep the faith. We still don’t know what we don’t yet know. IMO I am hopefully optimistic that we only know so little and the big guns have much more. IMO

 

[LandManatee]

Page 41.
View attachment 333336

Thanks for the upload @MassGuy

It does not seem to state that the dogs alerted on the blade per say. It only says they alerted on the Bobcat. I guess that could mean the blade since there is only so much on the Bobcat they could alert on, but I took it to mean they alerted inside the Bobcat cabin since one of the dogs tried to sit on the seat. I would think if they had alerted on the blade, the dog/dogs would have sat by the blade and that would have been specifically noted in the AA, just like the “hit” on the trailer was detailed out.

 

[OldCop]

View attachment 333335
This is the first time I've seen Google Maps showing the minor road from 225 along the creek connecting through to the road to the Puma Path house -- until now I've always seen a short stub road from 225 ending, and a short road from the PP house, along the creek across from the Ritters, and then also ending. Now Google draws a line connecting them as if it's a through road, though I think I see trees under the drawn line, so I'm not sure what the reality is.

It's of interest to me because if it's driveable, it changes the route options he had in terms of staging the bike, etc. Where he drove or walked. I had assumed it wasn't driveable but maybe I should reconsider. A vehicle on the upper road might be less visible if any other traffic were in the neighborhood, but on the other hand any traffic on that upper road might be quite visible from the Ritter's house. MOO

Aside from the Ritters across the river, only the Morphew home was occupied on May 10, 2020. The Cushmans were out of state. The other spurs you see are driveways to undeveloped lots. The ground is rough but BM could have cut through any of those lots if he wheeled or drove the bike on an ATV up to where it was dumped. If he used his truck, it was highly unlikely anyone would be driving on 225 in the middle of the night in early May.

 

[MassGuy]

Thanks for the upload @MassGuy

It does not seem to state that the dogs alerted on the blade per say. It only says they alerted on the Bobcat. I guess that could mean the blade since there is only so much on the Bobcat they could alert on, but I took it to mean they alerted inside the Bobcat cabin since one of the dogs tried to sit on the seat. I would think if they had alerted on the blade, the dog/dogs would have sat by the blade and that would have been specifically noted in the AA, just like the “hit” on the trailer was detailed out.

Agreed. I think that would have been explicitly stated if that was the case.

The Bobcat is weird, as I believed (up until the AA) that it was involved. The dog hits certainly lend credence to that, and Necrosearch has some really capable people and dogs.

Unless something has changed though, it's a really frustrating red herring.

I do think we'll hear a theory at trial.

 

[katydid23]

Redwine trial: Handler tells where dog smelled traces of remains

HERE ^^^ is a really good article detailing the uses of cadaver dog alerts in a murder trial. It can be problematic.


Gummin said the dog signaled 12 times on Middle Mountain Road, but that she did not find remains herself. The dog also indicated the possible odor of human remains in the back of a Dodge pickup truck that belonged to Mark Redwine.

During cross-examination, Gummin conceded that cadaver dogs “do make mistakes, they’re not perfect” and that she’s described some of them as “goofballs.”

Nevertheless, she said from her experience it’s always unusual to find an odor of human remains in a home, and that the smell can linger for dogs for a long time.

During cross-examination, she also conceded that it's possible for scenes to be contaminated, and that dogs could signal false positives. A cadaver dog signaling an odor also doesn't offer clues about who the human remains could belong to, or when they had been there.

"There's a science about it, but there's so much we don't know," she said.

 

[crhedBngr]

Aside from the Ritters across the river, only the Morphew home was occupied on May 10, 2020. The Cushmans were out of state. The other spurs you see are driveways to undeveloped lots. The ground is rough but BM could have cut through any of those lots if he wheeled or drove the bike on an ATV up to where it was dumped. If he used his truck, it was highly unlikely anyone would be driving on 225 in the middle of the night in early May.

Wow.

So the daughters were gone, as well as the Cushmans.

Hmmmm.

JMVHO.

 

[Iwondertoo]

This bothers me. The defense have great lawyers. They are going to portray SM as a cheating wife, alcoholic and drug abuser, while portraying BM as a a successful business man who worked hard, a religious man a loving husband and father. This could tip the outcome in BM favor. I have little faith in the prosecution to counteract them.

I see what you're saying. A good defense lawyer should present the case that way.

But I do have faith in the prosecution to counteract their arguments.

So far.

JMO

 

[Seattle1]

Yes, I agree - I did this exact same research last night, and found out what a Cal/Amp device is and how it works.

What I was wondering - and maybe I didn't state my question clearly - is can a Bobcat Skid Steer s590 be tracked without the SIM card inserted into the CalAmp device?

Thanks for clarifying @crhedBngr.

Cal/Amp specifically states that they utilize cellular technology to monitor and provide data. IMO, that statement tells me that the service provider may factor into the answer to OP's question.

From the AA, we know that BM was using VerizonConnect service.

Also, Bobcat did an upgrade in 2019 when it launched Machine IQ Wireless so the information available today for reference may not be applicable to BM's 2018 OEM asset tracker device by Cal/Amp.

In the tech world where obsoletion seems to happen overnight, we should probably consider Verizon's own migration to a different technology where the old (CDMA) does not require a SIM and the new (GSM) should require a SIM, and where removing the SIM card from the device would probably disable the GPS service.

A few years ago when I had Verizon service where they used CDMA, there was no (removable) SIM required for service. According to Colorado's KKTV Verizon is still migrating from CDMA, making a move to 5G, but not ending service/support for CDMA until December 31, 2022.

By converting to GSM (Global System for Mobile), Verizon service should require a SIM for service. However, if the 2018 OEM Cal/Amp device is married to Verizon, there's always the chance that the hardware is still using CDMA where the tracker might work without the SIM. If BM upgraded his hardware after 2018 and confirmed the new device also migrated to GSM Verizon, then IMO, removing the SIM would probably disable the tracker.

From VerizonConnect's site:

What is a GPS tracker?
A GPS tracker, or black box, is a small piece of hardware, sometimes smaller than a cellphone. It typically includes a slot for a SIM card and a plug, normally OBD-II, to connect it to a vehicle.

A GPS tracker receives a GPS signal and sends location information, along with other vehicle data, back to a fleet management system via cellular 3G, 4G LTE, CDMA or satellite networks. Using your vehicle tracking system, you can then monitor your fleet in near real time.

OEM (factory-fitted) devices
These devices can be installed as standard or as an optional extra by the original equipment manufacturer (OEM) in new vehicles (organized by the dealer). Verizon Connect offers OEM solutions for Ford, GM, Hino, John Deere, Mack, Ram and Volvo trucks and equipment.

Aftermarket GPS devices
Normally installed by a technician, hard-wired vehicle GPS trackers are connected to a vehicle’s wiring harness in a hidden location to reduce tampering. Aftermarket devices are preferred when adding features like power takeoff (PTO) monitoring, driver monitoring and fleet dashcams to your GPS fleet tracking solution.

How does the server identify each different GPS tracker?
Each GPS tracking device has a unique code, known as an International Mobile Equipment Identity (IMEI) number. This code allows the GPS tracking software to match the GPS tracker in the tracked vehicle to the moving marker you see on the screen.

https://www.verizonconnect.com/features/gps-tracking-devices/

ETA:

I also did some experimenting with an activated GSM SIM and based on my results, I don't believe that BM could switch his bobcat SIM card even with another bobcat.

Since the primary purpose of Bobcat's Cal/Amp device is Asset tracker/theft protection, I believe BM's OEM Cal/Amp device is locked and would reject another SIM with a warning that the SIM is not provisioned. It follows that the device IMEI number is paired with the SIM, and changing the SIM would most likely require 3rd party intervention from Verizon. JMO

Mobile providers to shut down 3G network; what you need to know to stay connected

Telematics and Tracking Devices

 

[Seattle1]

Is the bobcat the new device added to Barry’s service? Anyone know if the timeline adds up? Seems like he was in Mexico when the additional device was added but when did he purchase the bobcat? Also did he retain the bobcat he hauled from Indiana Beverly Hills style or did he sell it? Do we know? Thanks in advance.

The Bobcat is a 2018 Model and I believe it's the same equipment from Indiana.

I don't think the Bobcat is related to associations with BM's iPhone. All the devices including the second unidentified device associated with his unique identifier appear to be Apple devices including MM1's iTunes account (not her phone).

 

[Seattle1]

Thanks for the upload @MassGuy

It does not seem to state that the dogs alerted on the blade per say. It only says they alerted on the Bobcat. I guess that could mean the blade since there is only so much on the Bobcat they could alert on, but I took it to mean they alerted inside the Bobcat cabin since one of the dogs tried to sit on the seat. I would think if they had alerted on the blade, the dog/dogs would have sat by the blade and that would have been specifically noted in the AA, just like the “hit” on the trailer was detailed out.

To be clear, the bobcat blade is actually a metal cutting-edge strip that's either welded or bolted to the bucket. The bucket is the dirt digger. When you consider all the possible locations and muck that Bobcat's bucket, the undercarriage, and the tires have been, I'd be surprised if there wasn't a hit. While I thought nothing about the alerts on the trailer or the equipment above, it did pique my curiosity to read about the driver's seat inside the cab.

 

[FromGermany1]

---------------------------------------------------
S'il vous plaît pardonnez-moi, mais ça... c'est impossible.
IMO:
B-mensche will never appear for trial, let alone sentencing.
No.
He'll be taken hostage. Vicious opportunists: perhaps 'reverse coyotes'..[You know, they're in the hills and passes everywhere in these parts...]
Think non-extradition whereabouts.
Add ensuing "ransom" communications facade ... [...as bogus as that"reward" for SM's safe return.]
Could include bogus "2nd hostage" drama, too. Lends urgency/authenticity ...
Time flees,
and sometimes tells. [AA, OMO]

 

[mrjitty]

I don't agree with these legal folks who say the acts of domestic violence explain motive. I wonder if they even know the specifics of this case.

The motive is the affair and divorce, and even judge Murphy agreed that those things were triggers:

Yes - poor analysis IMO.

I feel quite conflicted on this issue.

The DV evidence falls into the legal areas of propensity evidence and similar fact evidence - and these often involved complex issues.

In general the law does not allow propensity reasoning (i.e. a person's character makes it more likely he is guilty) - because it invites logical fallacy. General character traits may cause us to wrongly assume guilt in a specific instance. Personally I think humans are extremely susceptible to logical fallacy via propensity reasoning.

On the other hand, similar fact evidence IS allowed, where the circumstances are so similar, as to have high probative value - e.g an alleged serial rapist has a very particular signature in his attack, such that we should look at his previous rape conviction as evidence in the latest trial. The bar for admitting similar fact evidence tends to be high

In this case the judge has considered specific Colorado law that I did not study - so I will keep my comments to a more general level

All these legal rules arose for good reason. So you can see why a judge is reluctant to allow hearsay evidence about DV and abusive/controlling behaviours in a murder case. And of course most men who are guilty of domestic violence or abuse never escalate to murder

But on the other hand, where a domestic murder is on the table so to speak, I personally believe that a context of DV or abuse is extremely relevant.

Especially in the Pistorius trial, i got the feeling that the criminal legal system, has a structural inclination to minimise or even normalise troubling behaviour.

Indeed that has happened here. The judge is ruling that alleged DV and abusive behaviour doesn't have enough probative value compared to its prejudicial impact.

That troubles me.

 

[marylamby]

I'm not sure DV has ever been a motive for murder. Might need to Google that one. You don't kill your spouse because you abuse them. You kill your spouse because they're about to leave you and expose the abuse.

I think there are still a whole lot of people that don't understand that DV is an umbrella legal category. Which is somewhat understandable since we use the term "violence" but in Suzanne's case the abuse was primarily verbal and psychological and the word violence implies a physical element.

Yes, but he was increasingly becoming physically abusive, according to her texts and I believe it. He did, after all, murder her.

eta: If she'd experienced his physical abuse all of those years, she may have suppressed it. Maybe a raising of a hand to stifle her. Maybe he used that hand on occasion. Women often suppress that and don't tell anyone. It's shameful in their minds. I'm inclined to believe that's what happened throughout their marriage. AND yes, his emotional and verbal abuse will diminish a woman's self-esteem making her more, what's the word, agreeable?
I highly doubt he'd not gotten physical before but if she 'behaved', well, all was okay again.
IMO

 

[marylamby]

If you read the timeline straight through, it becomes clear that he knew she was seeing someone by Fall 2019.

Full Timeline – Find Suzanne Morphew

I'd be willing to bet he had his suspicions when they were in Mexico in January 2019, though. Meaning that Barry became suspicious very early on. Suzanne first reached out to JL in September 2018.

I agree that JL was never really a motive and that Barry was primarily financially motivated. Suzanne was going to leave him (for the same guy she already cheated on him with!) and take her money with her. Colorado is a "marital property" state and the court would treat Suzanne equitably and as such she could have come out way ahead. Obviously that wasn't a concern for her, but it would be for Barry.

On November 13, 2020, SA Grusing and SA Harris interviewed Libler in Ann Arbor, Michigan. Libler said after Suzanne’s first message of “Howdy stranger” to him in 20 18, they began talking on the phone. Libler said he was nervous to talk to Agents and what he did was disgraceful. In the summer after Libler’s first year of college in Indiana, he attended a party with some friends at Suzanne’s house. Barry and Suzanne were a couple, but Barry was not at the party. Libler said he and Suzanne “kinda hooked up, not really,” at the party. Libler played golf almost daily at the time and Barry worked on the golf course.


Barry found out about Libler and Suzanne hooking up at the party. Upon seeing Libler on the golf course, Barry “jumped off the tractor and he was ready to beat me down.” Libler told Barry, “You’re gonna lose your job. You’re gonna lose everything.” Libler talked him out of it and that was the last interaction Libler had with Barry.

Libler said he did not talk to Suzanne until 2018 following that night in Indiana. He explained, “I’d tell her I carried a torch for her all that time.” Libler and Suzanne used Facetime to communicate in 2018, though Liblers daughter saw one of their communications in late 2018, and Libler told Suzanne they had to stop. They did not speak until around Christmas 2018 because Libler deleted Facebook, Instagram and all messaging between him and Suzanne.​

Yet Barry claims he didn't know about him or which Jeff she was having an affair with. Bull.
Remember the guy who was running for office in IN? Barry thought he should throw tools etc from an another contractor's crew when they weren't done with their job. That guy got him in a headlock. Barry doesn't want to mess with other guys. He's a wimp. Women, well that's a whole other story. I'd love to hear what his childhood was like.

 

[OldCop]

Just for the heck of it I matched up the times the “unknown device” associated with BM’s cellphone and BM’s activities around Mother’s Day to see if it would tell us anything. The one thing that stands out to me is that BM was usually off by himself when this happened. Don’t know if it means anything.
Didn’t MG say at one point that BM had a second phone that he did not turn over to LE?

 

[Love Never Fails]

Yup! Usually defense attorneys like to delay delay delay the trial but in this case, they know time is against them - more time to analyze data, more time to interview people, and more time to possibly find Suzanne's body. Since they know instinctively that Barry is guilty, they know that none of the above is in his best interest.

So their best defense remains Hocus Pocus, Switch the Focus!

It’s a horrible thought he could be acquitted somehow and then her body is found later.

 

[OldCop]

Wow.

So the daughters were gone, as well as the Cushmans.

Hmmmm.

JMVHO.

And BM knew the Cushmans were not there. This is a second, seasonal home for them and BM is friends with them. This just happens to be the house he is living in now while out on bond.
You can see why the Ritters might be concerned and obtained a no contact order. BM stayed with them the first few days after SM disappeared. Did they report anything they saw or heard during that time to LE? The fire chief also talked about BM pacing and looking out the window while those early searches of his home and the area were going on. I’ll bet he was! He wanted to see if they found anything.
‘Pacing around, staring out windows’: Chaffee County Fire Chief addresses questions about missing Suzanne Morphew’s husband Barry Morphew

 

[Love Never Fails]

Just for the heck of it I matched up the times the “unknown device” associated with BM’s cellphone and BM’s activities around Mother’s Day to see if it would tell us anything. The one thing that stands out to me is that BM was usually off by himself when this happened. Don’t know if it means anything.
Didn’t MG say at one point that BM had a second phone that he did not turn over to LE?

I’m sure this was discussed and I missed it, but won’t LE have information from his other device or other phone? I’m thinking if he used it to contact someone and LE has their phone number, can’t they then get a warrant to trace the contact back to Barry? Can they secure that warrant without the other party knowing?

Seems to me if LE knows there was a device then that’s all they would need to secure warrants of individuals Barry knew.

 

[marylamby]

Just for the heck of it I matched up the times the “unknown device” associated with BM’s cellphone and BM’s activities around Mother’s Day to see if it would tell us anything. The one thing that stands out to me is that BM was usually off by himself when this happened. Don’t know if it means anything.
Didn’t MG say at one point that BM had a second phone that he did not turn over to LE?

Are you kidding? This is huge. First of all, why a second device. If that doesn't scream trying to avert a digital footprint what does?
Secondly, do they know who those calls were made to?
Maybe E&I can get that thrown out too. SMFH

 

[303gmf]

I’m sure this was discussed and I missed it, but won’t LE have information from his other device or other phone? I’m thinking if he used it to contact someone and LE has their phone number, can’t they then get a warrant to trace the contact back to Barry? Can they secure that warrant without the other party knowing?

Seems to me if LE knows there was a device then that’s all they would need to secure warrants of individuals Barry knew.

Didn’t ShoSho delete contacts in her phone right in front of police?