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

[MrsWatson]

Didn't BM have at least one illegal or unregistered gun?

I think whatever gun he used with the dart is long gone and will never be found. I do wonder if he has any weapons or access to any now. Wasn't that part of his bond condition, no firearms?

Does that mean his daughters also had to relinquish their firearms? Or any relatives in CO? He may not have a gun personally, but I bet he has easy access, should he want a gun. That concerns me, given his history of threatening to shoot himself.

moo

 

[Seattle1]

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.

^^bbm

I don't think we really don't know who posted the cash bond for BM. For example, it could have been by his mother or MM1. Regardless, it's not automatic for costs to be deducted since the entire cash posted in a Colorado bail/bond is refundable to the person posting the money following sentencing. The party is typically advised to note on the bond when posting that the party wants the money returned to them, not to the defendant, and not to be used for court costs and fines at the end of the case.

Specific to this case and the facts that are known to us, does OP really believe another state would attempt to prosecute BM for any criminal act? Acquittal or not, do you think any state would expend its own taxpayers' dollars to wade through double jeopardy waters to charge BM? Trying to understand the relevance here.

Under very different circumstances, and going back decades, I recall one U.S. Supreme Court decision where a defendant plead guilty to the murder of his wife (in Georgia I think)-- in exchange for a life sentence and another state charged the defendant with kidnapping his wife where he was sentenced to death. Again, this is where the defendant already confessed to the facts of the case. MOO

 

[katydid23]

IMO obviously SM deciding to go missing herself can be ruled out as pure speculation. There is no evidence to support it.

Realistically an abductor would have to strike early in the morning, so as to prevent SM from using her phone, then stage the bike. But as a theory, it makes zero sense.

ETA - really wonder what on earth the defence case will be.

On social media, I saw one potential defense theory----

SM wanted to leave the marriage so she left early that morning, right after her husband went on his business trip. She staged the bike so everyone would think she was kidnapped. She has a secret new boyfriend pick her up and she left the country with a new identity---


I really hope they use that defense at trial.

 

[Scootie98]

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.

After Barry is convicted....the bond money just becomes the next cash reserve for the

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.

If Barry was in bed with Suzanne then he was in bed with a corpse. She wasn't alive Saturday night to "have a wonderful night".

 

[MrsWatson]

On social media, I saw one potential defense theory----

SM wanted to leave the marriage so she left early that morning, right after her husband went on his business trip. She staged the bike so everyone would think she was kidnapped. She has a secret new boyfriend pick her up and she left the country with a new identity---


I really hope they use that defense at trial.

Oh my giddy aunt.

Some people watch far too much Lifetime.

 

[Momofthreeboys]

^^bbm

I don't think we really don't know who posted the cash bond for BM. For example, it could have been by his mother or MM1. Regardless, it's not automatic for costs to be deducted since the entire cash posted in a Colorado bail/bond is refundable to the person posting the money following sentencing. The party is typically advised to note on the bond when posting that the party wants the money returned to them, not to the defendant, and not to be used for court costs and fines at the end of the case.

Specific to this case and the facts that are known to us, does OP really believe another state would attempt to prosecute BM for any criminal act? Acquittal or not, do you think any state would expend its own taxpayers' dollars to wade through double jeopardy waters to charge BM? Trying to understand the relevance here.

Under very different circumstances, and going back decades, I recall one U.S. Supreme Court decision where a defendant plead guilty to the murder of his wife (in Georgia I think)-- in exchange for a life sentence and another state charged the defendant with kidnapping his wife where he was sentenced to death. Again, this is where the defendant already confessed to the facts of the case. MOO

I personally highly doubt another state would press charges if he is acquitted in Colorado but legally they could if they could prove the crime occurred in that state I think. The legal waters I think are murky regarding whether or not that is double jeopardy. I looked all this up along with if feds can charge if a state aquits in 2019, but I don't recall all the specifics.

 

[marylamby]

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

As always, I agree with you.
The tranq dart sheath in the dryer and his admission he'd been using a gun to tranquilize deer recently, the shooting of chipmunks and having admittedly disposed of tranquilizers or darts on his trash dumps are all HUGE.
As for the tranquilizer, 1) he could've administered the injection without the use of a dart; 2) he could've 'fixed' the gun to be 'broken'; 3) he could've had another tranq gun which he disposed of.
Just because that particular tranq gun was inoperable means very little.
IMO

 

[Boxer]

As always, I agree with you.
The tranq dart sheath in the dryer and his admission he'd been using a gun to tranquilize deer recently, the shooting of chipmunks and having admittedly disposed of tranquilizers or darts on his trash dumps are all HUGE.
As for the tranquilizer, 1) he could've administered the injection without the use of a dart; 2) he could've 'fixed' the gun to be 'broken'; 3) he could've had another tranq gun which he disposed of.
Just because that particular tranq gun was inoperable means very little.
IMO

Inoperable by the time it was acquired by the police.
IIRC He did not surrender it with his other guns, he said a gun was stolen.
Gun was rusted and shabby, but remember he wanted that Kentucky red neck identity, not his native Indiana farm boy identity.

 

[Love Never Fails]

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

You are spot on. It appears they are using public prayer to drum support from the Judge, media and potential jurors.
Yes I’m also sure he felt Suzanne’s death saved one of his daughters or maybe even JL from a life of sin. Isn’t if funny how his twisted thinking helps him deal with every evil thing he has ever done?

 

[Love Never Fails]

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 think he just couldn’t get the smell of chlorine or bleach off his skin. Therefore took many showers, changed clothes and got rid of them.

 

[Love Never Fails]

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

Good to know but what good will it do?

 

[Love Never Fails]

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.

Wearing long sleeves hmm? That’s our answer.

 

[jakat]

If I was totally innocent, and yet I was on trial for murdering my missing husband, I don't think I would be smiling like a Cheshire Cat, and skipping into court with my 2 children, hand in hand. I think I would look seriously concerned and intent, hoping to prove my innocence. I think I would be taking it seriously, not acting like it was no big thing and pretending I was unfazed. JMO

You're absolutely right, but you're not Barry. He's looking a bit old these days. Wonder what he'll look like in a couple of months. Older, not wiser, AGED.

There needs to be a Cheshire Cat in the zoo @Kemug. He needs that smirk wiped off his face. He seems to be doing good, but is he really? Doubtful.

 

[marylamby]

Inoperable by the time it was acquired by the police.
IIRC He did not surrender it with his other guns, he said a gun was stolen.
Gun was rusted and shabby, but remember he wanted that Kentucky red neck identity, not his native Indiana farm boy identity.

I think that was another gun he'd passed through car windows. The rusty dart gun was photographed in crime scene photos. He left it on purpose, IMO.

 

[justtrish]

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.

I think it's possible the daughter and Suzanne's DNA was on there because the sheets had the daugthers DNA on it and Suzanne did the laundry. I'd love to hear from a DNA expert what kind of DNA was found. I believe Barry would have worn gloves for sure. We see the photo of the package missing one of those. I don't see Suzanne using his hunting stuff to flush her port (if she had one)

 

[justtrish]

I think he just couldn’t get the smell of chlorine or bleach off his skin. Therefore took many showers, changed clothes and got rid of them.

Maybe for the first time in his life he was afraid, paranoid about something. I sorta like that thought actually.

 

[Seattle1]

Didn't BM have at least one illegal or unregistered gun?

I think whatever gun he used with the dart is long gone and will never be found. I do wonder if he has any weapons or access to any now. Wasn't that part of his bond condition, no firearms?

Does that mean his daughters also had to relinquish their firearms? Or any relatives in CO? He may not have a gun personally, but I bet he has easy access, should he want a gun. That concerns me, given his history of threatening to shoot himself. moo

^^bbm

In Count 4 of the Complaint, BM was charged with possession of a dangerous weapon (i.e., a short rifle).

COUNT 4-POSSESSION OF A DANGEROUS WEAPON (F5)
Between and including May 9, 2020 and March 4, 2021, Barry Lee Morphew unlawfully, feloniously, and knowingly possessed a dangerous weapon, namely: short rifle; in violation of section 18-12-102(3), C.R.S.

Take note that it was the actual firearm that was illegal (since BM's not a convicted felon, under state or federal law, BM would not be prohibited from possessing a firearm).

However, confirming it's BM's bond conditions that required him to surrender all his firearms (and where possession of a firearm could be cause to revoke his bail).

I think it would be a stretch to state that under BM's bond conditions, BM's family including his daughters that he does not live with would also be required to surrender their own legal firearms that they legally possess (including any firearms that BM may have transferred ownership to using an authorized firearms dealer).

For example, I think the rules citing how a felon can avoid constructive possession of a firearm are pretty clear where a convicted felon lives with a roommate that owns weapons and his weapons and ammunition are not stored in a common area of the residence but in a gun safe that the felon clearly doesn't have access to. Especially given that those who are found to have aided another in the unlawful possession of a firearm or ammunition also face criminal liability.
_______________

Barry Morphew bails out of jail while awaiting trial, arrest papers released | FOX21 News Colorado

Morphew has maintained his innocence. Once he is released from jail he will have to have an ankle monitor, surrender his passport, and all guns.

https://www.courts.state.co.us/user...8/21CR78 Morphew Amended Complaint 051821.pdf

 

[marylamby]

You are spot on. It appears they are using public prayer to drum support from the Judge, media and potential jurors.
Yes I’m also sure he felt Suzanne’s death saved one of his daughters or maybe even JL from a life of sin. Isn’t if funny how his twisted thinking helps him deal with every evil thing he has ever done?

At 8am this morning, I was awakened by all kinds of machinery, doing I don't know what, digging through the asphalt with drills and a bucket truck etc.
I laid there with the thought of Barry's statement of how if one life was saved yada yada.
What a crock. No one was saved or could be saved by Suzanne's disappearance, whether by a mountain lion or abductors or anything else.
I think this was something that popped into his head that he thought sounded good.
Sorry, I'm not falling for his being 'godly'. IMO, it's part of his persona he latched onto early in life. He perked up when he heard a wife should be submissive, that the husband is the be all and end all and in complete control. He garnered people's trust in relationships and business who were religious. It worked for him on many levels.
I do not believe he believes his own bull where murdering his wife was saving her from eternal Hell. People can repent their sins at any given point in their lives. Has he repented, asked for forgiveness and atoned for his sins? Taken responsibility?
Thou shalt not kill.
All of the above is just my conjecture and JMO.

 

[marylamby]

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.

Oh, you found a second account for Suzanne? I've missed more than a few pages here. Can you direct me to that information? TIA.
Since Barry was her ATM, well, that tells me she was reliant on his discretion.
He was also taking money out of their business accounts by both withdrawals and wiring. Did LE find what he was doing with those funds?
IMO

 

[Momofthreeboys]

Oh, you found a second account for Suzanne? I've missed more than a few pages here. Can you direct me to that information? TIA.
Since Barry was her ATM, well, that tells me she was reliant on his discretion.
He was also taking money out of their business accounts by both withdrawals and wiring. Did LE find what he was doing with those funds?
IMO

It has been posted and cited several times now by several people...but I will go get the two names of the accounts again for you.