Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #97

[girlhasnoname]

When Barry was arrested, there was a type of protective order issued for his daughters. I don’t remember who requested it. Then the judge allowed him bail which pretty much blew that. Since he is free until conviction, there’s something that worries me. If things don’t seem to go well for him, he isn’t going to want to go to prison and we all know how he threatened Suzanne with suicide.

I am curious. Does anyone think a request will be made to protect the daughters so that he can’t possibly take their lives with his? It’s horrible to think about but him getting bail was the worst decision the judge could have made. IMO.

A poster mentioned Josh Powell last week and that’s frightening to think about.

I honestly don't believe BM is a physical threat to his daughters. In one of his statements to Grusing he said all he cared about in the world was hunting and his guns. He never even mentioned his daughters in the future tense.

BARE is worried only about himself, period. I think he'd go on the run and leave them in the dust without a second thought if he knew he was going to be found guilty.

I feel sorry that these young ladies lost the only parent who truly loved them and cared about their wellbeing.

JMO

 

[Momofthreeboys]

Let's not confuse the issues or the evidentiary burdens in this case. The only intent the prosecution must establish is the intent to cause death. The act must follow "deliberation", but malice is not an element of the charge:

“Colo. Rev. Stat. § 18-3-102(1) A person commits the crime of murder in the first degree if:

(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person...”

The prosecution does not bear the impossible burden of proving the null hypothesis, that it WASN'T second degree murder heat of passion. Prosecutors need to prove, based on the evidence taken as a whole, ONLY the above elements of the charge. Motive, means, and opportunity are helpful to understand what happened but missing pieces of the mosaic of evidence are not a problem for the prosecution if the pieces the jury sees present the picture required by the statute. Other WSers have repeatedly articulated the evidence supporting the charge and I will not repeat it here.

And let's understand what heat of passion murder is, and who generally asks for the instruction. If the evidence shows that the victim's serious and highly provoking act provoked an irresistible passion that caused the defendant knowingly to kill, the sentence is mitigated from Class 2 to the Class 3 Felony range. It is the defense, not the prosecution, that would seek an instruction on this issue, and it is very difficult for the defense to argue in the BM case because they'd have to admit BM killed SM, and show all the mitigating circumstances, below.

Colo. Rev. Stat. § 18-3-103(1) A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.

...

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person;  but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.

Would the jury consider SM to have committed a "serious and highly provoking act" by wanting to leave her marriage and taking steps to do so? I doubt the defense could even be allowed to argue for this. And there is ample evidence that this was not a situation where she hit him with a baseball bat, and he immediately grabbed it and beat her to death. Assuming her expressions of intent to leave met the provocation test, there was plenty of time between those actions and his response for the voice of reason and humanity to be heard.

All JMO, of course.

It's good point about SM and intent. I'm not sure what the courts are going to allow and that goes for the entire case generally. I was more probably ruminating on what would have been an "easier" victory for prosecution and I know prosecution sometimes does charge a lesser crime knowing that the chance of winning that is greater than that higher charge. Usually I have a gut feeling how these trials are going to go...this one....not as much.

 

[mrjitty]

I believe E&N will make a case that LE had tunnel vision, focusing on BARE and only BARE and brought the case against the wishes of CBI/FBI.

The DNA small partial profile of person(s), who have since been alibied, should not come in at all IMO. If the Judge does allow it, they will use that to muck things up, but hopefully the State has an expert who can explain it so that a 5 year old can understand.

They'll say "No physical evidence ie, body, blood, weapon, no evidence a crime was even committed. Suzanne could be off somewhere enjoying a new life, remember she lied to everyone, even her closest lifetime best friend, about her affair, therefore she cannot be believed about anything".
(It makes my blood boil to even type that out.)

They really have nothing else except a lying liar who lies as a client, who also happens to be guilty beyond a reasonable doubt.

Thank goodness he is so deeply delusional that he kept running his big, fat, misogynistic mouth to Grusing.

MOO

BIB - agreed.

Every big trial I have followed has had some version of corrupt/incompetent cops try to railroad innocent man

What else do they have?

But i find it quite hard to stand up a competing theory of the case ... something that goes beyond mere mudslinging.

To me, SM sipping cocktails on a beach somewhere is wild speculation - it doesn't have any evidential foundation, and certainly does not rise to the level of a real possibility

Ditto for an abductor, it needs to be more than fanciful, and I just struggle to create any credible scenario

I tend to think the defence case will simply be "well Barry probably did it but can you really be sure?"

 

[CGray123]

It's good point about SM and intent. I'm not sure what the courts are going to allow and that goes for the entire case generally. I was more probably ruminating on what would have been an "easier" victory for prosecution and I know prosecution sometimes does charge a lesser crime knowing that the chance of winning that is greater than that higher charge. Usually I have a gut feeling how these trials are going to go...this one....not as much.

No body cases can be challenging, and no one can know the mind of a jury for certain, but I am convinced of BM's guilt by the evidence in the AA likely to be admitted. I'm more intrigued by the ongoing search for SM's remains. If they find her now, how long will verification and examination take? Could the new evidence be admitted? If not, can/will the DA voluntarily dismiss and re-file? What about the headlines that disclosure produce, just before trial? Could BM get a fair trial within a month of such headlines? All speculation and opinion.

 

[Scootie98]

No body cases can be challenging, and no one can know the mind of a jury for certain, but I am convinced of BM's guilt by the evidence in the AA likely to be admitted. I'm more intrigued by the ongoing search for SM's remains. If they find her now, how long will verification and examination take? Could the new evidence be admitted? If not, can/will the DA voluntarily dismiss and re-file? What about the headlines that disclosure produce, just before trial? Could BM get a fair trial within a month of such headlines? All speculation and opinion.

My question would be about his bond...if her remains are found. Isn't his bond based upon the circumstances and lack of a body? If they are found...somebody better keep tabs on Barry....he would clearly have a reason to bolt.

 

[K9Enzo]

The future does not look so bright for the daughters....I just hope they choose to re-attach with Suzanne's family when this is over.

I don't see the girls ever reconnecting with SM's family. A fireball damaged that one beyond repair . I'm also not sure how close they were to begin with. If BM goes to prison his family (specifically his mom and sisters) will probably continue to be a major part of their lives and they will be thankful to have them. IMO

I also think the vitriol they have for "us" social media/discussion forums, news media, SM's family, LE and Prosecution keeps them distracted and in fight mode. I also don't think it's unusual for children to hang onto dear life to the remaining parent. I personally just let it go in my thoughts. IMO

 

[Momofthreeboys]

Had there been no tranquillizing of the victim I might consider it was “passion.” As Megnut also pointed out, he had to load the dart and then the gun. When did he do that? Immediately upon his arrival at PP the chase around the patios began. I believe without a doubt there was intent. You can believe as you wish.

I'm not sure that it is fact that she was tranquilized frankly. The gun was broken and they do not have way to prove how she was murdered. They are relying on her lack of communication to prove that she is deceased. You are absolutely entitled to the opinion that she was tranquilized. I'm frankly curious if prosecution is going to use that theory again at trial.

 

[mrjitty]

Let's not confuse the issues or the evidentiary burdens in this case. The only intent the prosecution must establish is the intent to cause death. The act must follow "deliberation", but malice is not an element of the charge:

RSBM

Good post. In practice the intent is simply inferred from the circumstances. In other words, someone intended the victim dead. If the jury believes that person was indeed the accused, there is plenty of evidence to infer deliberation - namely the concealment of the corpse, staging, alibi etc

IMO intent won't be an issue at trial, beyond ensuring that it formally addressed/proved.

 

[Momofthreeboys]

I don't see the girls ever reconnecting with SM's family. A fireball damaged that one beyond repair . I'm also not sure how close they were to begin with. If BM goes to prison his family (specifically his mom and sisters) will probably continue to be a major part of their lives and they will be thankful to have them. IMO

I also think the vitriol they have for "us" social media/discussion forums, news media, SM's family, LE and Prosecution keeps them distracted and in fight mode. I also don't think it's unusual for children to hang onto dear life to the remaining parent. I personally just let it go in my thoughts. IMO

I agree. I think it will be quite a while before the Moorman relationships are patched up. They are quite close to the Morphew side it seems so they will have family that will continue to surround them if need be.

 

[sk716]

Coercive Control: 12 Signs and How to Get Out

Several examples of behavior exhibited by Barry here:

2. Monitoring your activity throughout the day

“Abusers pursue coercive control through attempts to make themselves omnipresent,” says Wendy L. Patrick, PhD, a career trial attorney and expert in criminal law.

They do this by wiring your house with cameras or recording devices, sometimes using two-way surveillance to speak to you at home during the day.

7. Reinforcing traditional gender roles

Regardless of the type of relationship you have, your partner may try to make a distinction between who functions as the man and the woman in the relationship.

They’ll attempt to justify that women are homemakers and mothers, while men are the breadwinners. Using this argument, they may coerce you into taking care of all the cleaning, cooking, and childcare.

8. Turning your kids against you

If you have children, either with the abuser or someone else, they may try to weaponize the children against you by telling them you’re a bad parent or belittling you in front of them.

This attitude can create a rift in the relationship between you and your kids, and may make you feel powerless.

You left out the biggest one for Barry:

6. Limiting your access to money
Controlling finances is a way of restricting your freedom and ability to leave the relationship.

Some ways they’ll try to exert financial control include:

• placing you on a strict budget that barely covers the essentials, such as food or clothes
• limiting your access to bank accounts.
• hiding financial resources
• preventing you from having a credit card
• rigorously monitoring what you spend

Link

 

[Momofthreeboys]

My question would be about his bond...if her remains are found. Isn't his bond based upon the circumstances and lack of a body? If they are found...somebody better keep tabs on Barry....he would clearly have a reason to bolt.

His bond will be returned if he is acquitted AND if he is found guilty after the trial. If found guilty they make take court costs out I think... Bond was to keep him active in the trial process and ensure he showed up at court as required by the courts. I do think that if for instance Suzanne's body was found in another state, that state could attempt a charge if they had reason to believe he committed the crime there even though he was acquitted in Colorado...but I'm NOT a lawyer so take that with a grain of salt.

 

[Seattle1]

Thank you for your response. Yes I was speaking of whether he loses confidence of winning at the end and decides to take off, maybe with his girls or just being alone with them and doing something crazy.

I would not blame the judge or attorneys if he did this. It’s easy to see from reading Barry’s texts that he isn’t mentally stable enough to be a parent or husband. I realize the girls are adults. But it seems they are standing by him regardless of the cost to them.

Whether BM is convicted or suicides in/outside of custody, I believe BM has spent months preparing the daughters for his religious martyrdom. He will use whatever happens as God's will and how he's voluntarily suffering prison and/or death rather than deny their religion by words or deeds.

We know BM previously prefaced how SM dying is OK if one soul is saved. BM's own death (imprisonment) will be worthy of saving an army (i.e., he's so much better than SM -- free of the sin of adultery-- in his eyes and the eyes of his family)!

And I don't doubt that BM is heavily insured, or that dropping half a million on his defense will injure his heirs. MOO

ETA: From the last hearing, the media now reporting that BM and daughters making sure their praying prior to the court proceeding is public knowledge. IMO, this is no coincidence...

And when thou prayest, thou shalt not be as the hypocrites. are: for they love to pray standing in the synagogues [houses of worship] and. in the corners of the streets, that they may be seen of men.

Matthew 6:5 - Wikipedia

 

[sk716]

I am under the impression that not only was Suzanne's DNA on Barry, but Barry knew it. That is why he took multiple showers, and changed clothes multiple times in Broomfield...in addition to jettisoning incriminating articles. The scratch marks alone suggest that there was a tussle or confrontation to some degree prior to Suzanne going dark forever.

That's a little silly. If he was in bed with her, of course her DNA would be all over him.

I agree though, I think Barry felt 'dirty' for the first time in his life. Manifestation of guilt and all that.

 

[susiQ]

I'm not sure that it is fact that she was tranquilized frankly. The gun was broken and they do not have way to prove how she was murdered. They are relying on her lack of communication to prove that she is deceased. You are absolutely entitled to the opinion that she was tranquilized. I'm frankly curious if prosecution is going to use that theory again at trial.

If the gun was broken, how did he shoot deer from the breezeway? Why would there even be a needle sheath in the dryer if he hadn’t used a dart? Why dump tranquilizer from his garage on one of his dump runs? By his own admission he was using a “gun” when he came home chasing chipmunks .

If I were the prosecution (and obviously I’m not), I would still run with the “he shot Suzanne with a tranquilizer dart to incapacitate her and then remove her from the property for the kill and disposal. I hate even writing that but that appears to be what happened. I don’t think the circumstantial evidence surrounding this will be lost on a jury. JMO

 

[sk716]

I want to know something else too....Did Barry switch to long sleeve before being questioned by LE?

He leaves the HIE in the black t-shirt. When he finished his trash runs he was wearing the gray t-shirt

http://www./wp-content/uploads/2022/01/People-Exhibits-Prelim-Hearing_Page_53.png
http://www./the-peoples-exhibits/

He put the flannel on after he carried the tools into the HIE lobby.

 

[Seattle1]

Relative to the mandatory restraining order issued specifically for MM1 and MM2, the intent of the order is still in effect:

Has a Court Order Been Issued to Protect Victims and Witnesses?
Yes. There is an automatic “mandatory restraining order” that is in effect from when the defendant is advised of rights at arraignment to the final disposition of any appeal.

•The defendant is automatically restrained from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. Violation of this mandatory restraining order can result in separate criminal charges. (§ 18-1-1001, C.R.S.)

Colorado Revised Statutes Title 18. Criminal Code § 18-1-1001 | FindLaw

 

[Momofthreeboys]

You left out the biggest one for Barry:

6. Limiting your access to money
Controlling finances is a way of restricting your freedom and ability to leave the relationship.

Some ways they’ll try to exert financial control include:

• placing you on a strict budget that barely covers the essentials, such as food or clothes
• limiting your access to bank accounts.
• hiding financial resources
• preventing you from having a credit card
• rigorously monitoring what you spend

Link

The only problem with that is according to prosecution they wanted "more time" to further dig into finances so we don't know if they found "everything." It was one of the things that came out of last week's hearing. Suzanne knew about Barry's Monex account, Suzanne affirmed she would continue to help with his books, the accounts they found were in both their names and there is nothing so far in the facts/texts etc. that indicate he limited money available to her. We have no idea how much money she had in the two accounts in her name that she hid them from Barry - assuming he didn't know about them, as we don't know that either.

 

[MassGuy]

Whether BM is convicted or suicides in/outside of custody, I believe BM has spent months preparing the daughters for his religious martyrdom. He will use whatever happens as God's will and how he's voluntarily suffering prison and/or death rather than deny their religion by words or deeds.

We know BM previously prefaced how SM dying is OK if one soul is saved. BM's own death (imprisonment) will be worthy of saving an army (i.e., he's so much better than SM -- free of the sin of adultery-- in his eyes and the eyes of his family)!

And I don't doubt that BM is heavily insured, or that dropping half a million on his defense will injure his heirs. MOO

ETA: From the last hearing, the media now reporting that BM and daughters making sure their praying prior to the court proceeding is public knowledge. IMO, this is no coincidence...

And when thou prayest, thou shalt not be as the hypocrites. are: for they love to pray standing in the synagogues [houses of worship] and. in the corners of the streets, that they may be seen of men.

Matthew 6:5 - Wikipedia

Yup, as we've come to learn, Barry uses religion as both a weapon, and a shield. It's about control, and maintaining appearances.

I hope that one day we learn that he's become a preacher, you know, one of those prison ones. He can mentor other convicted murderers from the comfort of his prison cell.

 

[MrsWatson]

That's a little silly. If he was in bed with her, of course her DNA would be all over him.

I agree though, I think Barry felt 'dirty' for the first time in his life. Manifestation of guilt and all that.

I wonder if he was worried about Suzanne's DNA being in any of the scratches that appear to be fingernail gouges.

 

[Momofthreeboys]

If the gun was broken, how did he shoot deer from the breezeway? Why would there even be a needle sheath in the dryer if he hadn’t used a dart? Why dump tranquilizer from his garage on one of his dump runs? By his own admission he was using a “gun” when he came home chasing chipmunks .

If I were the prosecution (and obviously I’m not), I would still run with the “he shot Suzanne with a tranquilizer dart to incapacitate her and then remove her from the property for the kill and disposal. I hate even writing that but that appears to be what happened. I don’t think the circumstantial evidence surrounding this will be lost on a jury. JMO

That is the theory he "shot" her from the breezeway but the gun that prosecution thought he used did not function and had not been used in a couple months. Was there another dart gun capable of shooting a tranquilizer - we don't know. The needle sheath in the dryer had Suzanne and one of the daughter's DNA on it - I speculated that perhaps Suzanne still had her port form her chemo that needed to be flushed in which case the needle sheath could have been hers - we don't know that - if not prosecution may still claim that although it did not have Barry's DNA on it, that it was still "his" needle sheath just no DNA because it had gone through the washer and dryer. Defense has already asked during the preliminary why the sound of it dropping into the dryer and LE said yes they dropped it but didn't include that in their documentation. Yes he claimed to be shooting chipmunks I think with a 22. If he had a gun that could be loaded with tranquilizer darts other then the one that has been discounted as broken we may hear at trial.