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

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Another possibility is that Barry's key fob went into airplane mode on its own, like his cell phone.....or....as the cops were told....Maybe Suzanne did it while he was sleeping, same as his cell phone when he was in the shower. Boy....he was as unlucky with tekkie accidents as Suzanne was sneaky.
 
Interesting article from Aug 2014 re an extremely daring and very dangerous mine rescue.

I have just watched the Dateline episode “The Last Day”about Erin Corwin, who went missing in Joshua Tree National Park.

As mines have been discussed here previously, I thought I would include this article. The length and bravery displayed by these extraordinary people is beyond my comprehension.

Would surely be fortunate if Suzanne could be located as well. Proves to me that discovery may not be as impossible as some may think.

Cave team: Erin Corwin found in unmapped gold mine
 
Momofthreeboys said:
Perhaps someone was over zealous....but that has been ongoing with this case. Overamplification perhaps. We've probably all seen it happen with social actions. I'm sure it's in the appeal team and the intent to sue teams' file folders. If it ever comes up as part of legal actions I'm not sure that Suzanne will be protected as well as she is in the criminal case.
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I am certainly not an expert in the field of libel law or governmental immunity, but just reading the immunity statute I infer that the agencies (and their employees) involved in preparing the domestic violence report are immune from suit, because the Colorado legislature has not waived immunity from claims of defamation.

Here's an excerpt from the (seemingly) relevant statute:


Colorado Revised Statutes § 24-10-106. Immunity and partial waiver

(1) A public entity shall be immune from liability in all claims for injury which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section.  Sovereign immunity is waived by a public entity in an action for injuries resulting from:

(a) The operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108(2) and (3), C.R.S .;

(b) The operation of any public hospital, correctional facility, as defined in section 17-1-102, C.R.S ., or jail by such public entity;

(c) A dangerous condition of any public building;

(d)(I) A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon.  As used in this section, the phrase “physically interferes with the movement of traffic” shall not include traffic signs, signals, or markings, or the lack thereof.  Nothing in this subparagraph (I) shall preclude a particular dangerous accumulation of snow, ice, sand, or gravel from being found to constitute a dangerous condition in the surface of a public roadway when the entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice through the proper public official responsible for the roadway and had a reasonable time to act.

(II) A dangerous condition caused by the failure to realign a stop sign or yield sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed;

(III) A dangerous condition caused by an accumulation of snow and ice which physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act.

(e) A dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility.  Nothing in this paragraph (e) or in paragraph (d) of this subsection (1) shall be construed to prevent a public entity from asserting sovereign immunity for an injury caused by the natural condition of any unimproved property, whether or not such property is located in a park or recreation area or on a highway, road, or street right-of-way.

(f) The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility by such public entity;

(g) The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement pursuant to the provisions of part 10 of article 82 of this title;

(h) Failure to perform an education employment required background check as described in section 13-80-103.9, C.R.S .;

(i) An action brought pursuant to section 13-21-128, C.R.S .[edit - Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer]

(1.5)(a) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does not apply to claimants who have been convicted of a crime and incarcerated in a correctional facility or jail pursuant to such conviction, and such correctional facility or jail shall be immune from liability as set forth in subsection (1) of this section.
 
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In regard to Barry’s kajillion truck events that night, I know my car door unlocks every time I go past it in my driveway, if I have my fob in my pocket. Lights flash, all that. Locks when I walk far enough away. Still would mean he was out and about in the vicinity of his truck instead of tucked in bed.
 
DizzyB said:
In regard to Barry’s kajillion truck events that night, I know my car door unlocks every time I go past it in my driveway, if I have my fob in my pocket. Lights flash, all that. Locks when I walk far enough away. Still would mean he was out and about in the vicinity of his truck instead of tucked in bed.
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Yup. His phone supported this as well.
 
Momofthreeboys said:
I think AM was genuine in his attempt. And perhaps if it hadn't become a media circus or if AM would have kept his opinions to himself or at least not broadcast them, BM might have participated...I don't know if we'll ever know. In the end it was no harm no foul and it did yield at least one dog and CBI search at Longhorn. It made people feel good and made them feel like they were helping so not all negative. I would be afraid some nut job would show up and shoot me so there is no way in heck I would have gone anywhere there were crowds during that period of time.
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If covering an organized search for a missing person, one which was well coordinated between a victim's brother, LE and people from near and far - bringing attention to case that sorely needed it - is a media circus, then so be it.
I would hope that circus comes to town if I ever go missing.
Andy did NOT air his opinions before the search. BM SHOULD have participated, any innocent man would appreciate all the help he could get. This is not the case here. And WHAT would BM have to fear? The only thing he feared were searchers being on his property and the protected land behind him - rifles and newly installed cameras in tow.
Nothing was "negative" about the search. I can't imagine why anyone would say that. That they didn't find Suzanne is most unfortunate but someone had to try. It showed Barry's colors, that's for sure, which was nothing new to those following the case or LE. He's a regular rainbow.
IMO
 
DizzyB said:
In regard to Barry’s kajillion truck events that night, I know my car door unlocks every time I go past it in my driveway, if I have my fob in my pocket. Lights flash, all that. Locks when I walk far enough away. Still would mean he was out and about in the vicinity of his truck instead of tucked in bed.
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True. Mine does the same thing....If I walk out into the garage to get something my car beeps at me and the lights flash if I have the fob in my pocket. These newer vehicles are crazy with the info data from what I can tell so I'm going to need the experts to explain some of this activity and why some activity that should be there isn't there. I'm not really not buying that "Barry screwed around with it" after a poster added the information about how difficult it is to access. Was Barry out in the driveway or near his vehicle that night...he sure could have been. It makes sense walking back and forth past his vehicle. We have that other data that says he backed up 95 feet...say what 95 feet...makes you wonder what was going on in the driveway that he had to go 30 yards or is that just squishy data?
 
Hey everyone,

We aren't here to pass judgment on other members for their opinions, and please leave the superfluous religious commentary out of the discussion. Both are offensive to other members.

Thank you.
 
Momofthreeboys said:
I think AM was genuine in his attempt. And perhaps if it hadn't become a media circus or if AM would have kept his opinions to himself or at least not broadcast them, BM might have participated...I don't know if we'll ever know. In the end it was no harm no foul and it did yield at least one dog and CBI search at Longhorn. It made people feel good and made them feel like they were helping so not all negative. I would be afraid some nut job would show up and shoot me so there is no way in heck I would have gone anywhere there were crowds during that period of time.
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BBM.

IIRC, AM's search took place long before public opinion in Salida turned hard against BM (This happened after the arrest, the PH, and the release of the AA). He had issued public denials of wrongdoing that were not contradicted by LE, and combined with his reward offer they kept most members of the community from reaching the conclusion that he is a wife-killer. He was in no danger from the community, and he did not act as if he was - he continued for a long time living in that same community - e.g. passing out flyers asking for help finding his wife even long after the search. He had no reason to fear AM or any member of the search group. So, I don't buy the suggestion that he may have been scared to participate. He certainly didn't say that.

I have no doubt that AM reached the conclusion early on that SM was the victim of domestic violence, and that he told BM he should participate in the "lie detector" if he wanted to convince AM otherwise. IMO, BM the False Christian viewed him as an adversary and couldn't control his anger, that AM was interfering in BM's effort to portray himself as a man who loved his wife and would never harm her.

The search gave him a perfect opportunity to flip the script, demonstrate his Christian values, and reinforce the narrative he was trying so hard to create. He did the opposite IMO, and this became an inflection point in public perception. All MOO.
 
Other than that, there was argument about prosecutors violating court orders and missing deadlines again.

Judge Lama was frustrated about endorsement of a few witnesses on the prosecution side.

He said the endorsement of these witnesses clearly violate my order. #BarryMorphew

One witness was a DV expert.

The judge prohibited any discussion of any possible prior DV instances in this case during trial.

The judge said introducing this could be extremely dangerous as "this is a case where there is a lack of evidence."

https://twitter.com/ashleykktv/status/1502024877066260486?s=21
 
Kingsley said:
By including Suzanne as a DV victim in a written report, my concern is that the state may be open to charges of libel.
I believe the state has concluded that there is enough evidence to charge and try him for murder.
The state — being the people of CO — have not yet convicted him.
JMO
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The state has already publicly accused him of murder.

How does writing the same thing in a different report create any potential liability beyond what they already said?

Even if Barry is found not guilty, that does not mean he is proven innocent. The state will still effectively be saying they believe he did it, even if they get an unfavourable verdict.

It needs to be remembered the burden of proof in criminal cases does not apply outside of the Court room.
 
https://twitter.com/ashleykktv/status/1502022760582713355?s=21
Update to #BarryMorphew hearings.

Morning was a lot of discussion about jury selection and how they plan to choose a jury.

They hope to have a jury sat by May 6th with opening arguments starting May 9th.

https://twitter.com/ashleykktv/status/1502024877066260486?s=21

Other than that, there was argument about prosecutors violating court orders and missing deadlines again.

Judge Lama was frustrated about endorsement of a few witnesses on the prosecution side.

He said the endorsement of these witnesses clearly violate my order. #BarryMorphew

https://twitter.com/ashleykktv/status/1502025238661402628?s=21

One witness was a DV expert.

The judge prohibited any discussion of any possible prior DV instances in this case during trial.

The judge said introducing this could be extremely dangerous as "this is a case where there is a lack of evidence."


https://twitter.com/ashleykktv/status/1502025324569137165?s=21
I had to leave after the lunch break. Will update if I get more info from the court!
 
Cindizzi said:
https://twitter.com/ashleykktv/status/1502022760582713355?s=21
Update to #BarryMorphew hearings.

Morning was a lot of discussion about jury selection and how they plan to choose a jury.

They hope to have a jury sat by May 6th with opening arguments starting May 9th.

https://twitter.com/ashleykktv/status/1502024877066260486?s=21

Other than that, there was argument about prosecutors violating court orders and missing deadlines again.

Judge Lama was frustrated about endorsement of a few witnesses on the prosecution side.

He said the endorsement of these witnesses clearly violate my order. #BarryMorphew

https://twitter.com/ashleykktv/status/1502025238661402628?s=21

One witness was a DV expert.

The judge prohibited any discussion of any possible prior DV instances in this case during trial.

The judge said introducing this could be extremely dangerous as "this is a case where there is a lack of evidence."


https://twitter.com/ashleykktv/status/1502025324569137165?s=21
I had to leave after the lunch break. Will update if I get more info from the court!
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Yikes that prosecution has certainly pushed that judge's buttons and he hasn't even ordered any sanctions yet. They were shaky at preliminary and now they are starting to sound a little desperate.
 
Momofthreeboys said:
Yikes that prosecution has certainly pushed that judge's buttons and he hasn't even ordered any sanctions yet. They were shaky at preliminary and now they are starting to sound a little desperate.
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I don't think it is the prosecution that has pushed this judge's buttons. I think it is the high powered Denver defense attorneys, their appellate attorney in attendance, and this judge's excessively cautionary fear of having a decision overturned.
 
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