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

[Love Never Fails]

But if they are going to allow the text messages that Barry deleted into evidence and in those very texts he is abusing her. That is DV. Why can't an expert testify to that? This is relevant to the case. It doesn't have to mean they are going to talk about all the other stuff that he did. Heck he admitted to "clipping" her. I mean there is evidence that suggests he was abusive and that should be allowed in. Controlling someone with the money. There is audio of her talking to him about this. There is plenty an expert on DV can talk about that isn't the actual physical abuse she told Sheila about.

Just the fact that Suzanne mentioned it in her texts proves abuse. I’m not sure what I think of this judge. I don’t know his reason for being so soft on domestic violence. But I have questions.

 

[Love Never Fails]

But if they are going to allow the text messages that Barry deleted into evidence and in those very texts he is abusing her. That is DV. Why can't an expert testify to that? This is relevant to the case. It doesn't have to mean they are going to talk about all the other stuff that he did. Heck he admitted to "clipping" her. I mean there is evidence that suggests he was abusive and that should be allowed in. Controlling someone with the money. There is audio of her talking to him about this. There is plenty an expert on DV can talk about that isn't the actual physical abuse she told Sheila about.

Just the fact that Suzanne mentioned it in her texts proves abuse. I’m not sure what I think of this judge. I don’t know his reason for being so soft in domestic violence. But I have questions.

Not lost on me that he failed to take the time to consider her thoughts while she was alive....

But now we know what he thinks of them.

Pretty well confirms her fears.


JMO

That’s abuse also. You don’t take something belonging to someone else and destroy it in a fire.

 

[Love Never Fails]

I agree about Judge Lama. I don't think he's necessarily intimidated by E & N, but too overly cautious. Is it normal to pay for an appeals attorney before you've even been convicted?

I am really confused on the No DV mention order. Suzanne's own texts make it pretty clear she was a victim of DV, and those are allowed. How is that going to work?

I’m curious as to the judges personal background on DV. Will leave it there.

 

[Momofthreeboys]

Just the fact that Suzanne mentioned it in her texts proves abuse. I’m not sure what I think of this judge. I don’t know his reason for being so soft in domestic violence. But I have questions.

That’s abuse also. You don’t take something belonging to someone else and destroy it in a fire.

I think that was speculation on the part of LE because they couldn’t find her journal. It may be true but I don’t think they can prove that there was a fire that weekend or what all was burned other than what is visible in the photo they took. Unfortunately there will quite a few things in the AA that most likely will not be used at trial since they can’t be proved beyond reasonable doubt. Prosecution has stronger arguments. I think it would be wise for prosecution not to stray too far from information that is proveable beyond doubt.

 

[susiQ]

I think that was speculation on the part of LE because they couldn’t find her journal. It may be true but I don’t think they can prove that there was a fire that weekend or what all was burned other than what is visible in the photo they took. Unfortunately there will quite a few things in the AA that most likely will not be used at trial since they can’t be proved beyond reasonable doubt. Prosecution has stronger arguments. I think it would be wise for prosecution not to stray too far from information that is proveable beyond doubt.

If it can be shown that Suzanne did indeed have a journal by her bedside and it cannot be found, I think it’s relevant regardless of whether they can prove it was burnt in the fireplace.

 

[marylamby]

I’m curious as to the judges personal background on DV. Will leave it there.

You're only saying what most of us are thinking. I'm curious about a couple of other things too.
I don't think it has anything to do with with the defense's appeals expert or the power duo either.
IMO

 

[Love Never Fails]

I think that was speculation on the part of LE because they couldn’t find her journal. It may be true but I don’t think they can prove that there was a fire that weekend or what all was burned other than what is visible in the photo they took. Unfortunately there will quite a few things in the AA that most likely will not be used at trial since they can’t be proved beyond reasonable doubt. Prosecution has stronger arguments. I think it would be wise for prosecution not to stray too far from information that is proveable beyond doubt.

I think it would be wise for the prosecution to give every single bit of evidence the judge lets in. When Suzanne texted her friend Barry was abusive, that’s proof to me. It should be considered. If LE has her daughters word that the remnants of her journal were found in the fireplace, that’s proof to me that BM burned it. I read the AA and yes, a lot was in there. Barry Morphew is as guilty as they come. I understand you are following this case as a legal observer (even though you are not a lawyer). That’s ok. I’m following it because I have followed a lot of true crime cases and it thrills my heart when justice is served. As in, Patrick Frazee’s 154 years.


You can’t just kill someone, hire an expensive attorney, and expect to walk out a free man. And, in my opinion, even a judge has an obligation to make sure that doesn’t happen. It’s not a game, in my opinion.

 

[Momofthreeboys]

If it can be shown that Suzanne did indeed have a journal by her bedside and it cannot be found, I think it’s relevant regardless of whether they can prove it was burnt in the fireplace.

For me that kind of speculation is a potential short distance to an unsuccessful prosecution. They need to ground this trial with realities not maybe he did this and maybe he did that in my opinion. There are a lot of things unknown and the more they expose the jury to that situation the tougher it gets in my opinion.

 

[MassGuy]

If it can be shown that Suzanne did indeed have a journal by her bedside and it cannot be found, I think it’s relevant regardless of whether they can prove it was burnt in the fireplace.

Absolutely. Not only did at least one witness say she had a journal, but they said she kept it with her other two books (Bible and Alanon).

Barry claimed that he didn't even know she had one.

If they can prove its existence, it's a big piece of circumstantial evidence. The only person on earth with a motive to make it disappear is Barry.

I could be misremembering, but I think we heard that older journals were found.

ETA: It was one of the daughters who said she had one. Pages 6 and 119

 

[susiQ]

I think it would be wise for the prosecution to give every single bit of evidence the judge lets in. When Suzanne texted her friend Barry was abusive, that’s proof to me. It should be considered. If LE has her daughters word that the remnants of her journal were found in the fireplace, that’s proof to me that BM burned it. I read the AA and yes, a lot was in there. Barry Morphew is as guilty as they come. I understand you are following this case as a legal observer (even though you are not a lawyer). That’s ok. I’m following it because I have followed a lot of true crime cases and it thrills my heart when justice is served. As in, Patrick Frazee’s 154 years.


You can’t just kill someone, hire an expensive attorney, and expect to walk out a free man. And, in my opinion, even a judge has an obligation to make sure that doesn’t happen. It’s not a game, in my opinion.

Just a small correction LNF. The monster Frazee got 156 years and 5 years parole iirc. I know, I know, what’s 2 years between us friends. We both know he’s comin’ out in a pine box and deservedly so!

 

[rainbowshummingbird]

From where did the information come regarding Barry’s threatening suicide with a gun while in Suzanne’s presence? Did LE ask him about it in their interviews? Just wondering if his “suicide attempts” will come into evidence. I consider Barry’s “suicidal” behavior to be domestic violence.

 

[MassGuy]

From where did the information come regarding Barry’s threatening suicide with a gun while in Suzanne’s presence? Did LE ask him about it in their interviews? Just wondering if his “suicide attempts” will come into evidence. I consider Barry’s “suicidal” behavior to be domestic violence.

That's absolutely abuse, it's as insidious as it is evil.

I'm not sure the gun thing will come in, but I'll be mad as hell if those deleted texts of that last threat are ruled inadmissible. Barry admitted to that, claiming he was trying to hurt her or something to that effect.

I'd love some clarity here!

 

[Love Never Fails]

Just a small correction LNF. The monster Frazee got 156 years and 5 years parole iirc. I know, I know, what’s 2 years between us friends. We both know he’s comin’ out in a pine box and deservedly so!

Lol! Ease up my friend. I’m old. And boy that trial was hard. Yes 156+ is correct.

 

[Love Never Fails]

From where did the information come regarding Barry’s threatening suicide with a gun while in Suzanne’s presence? Did LE ask him about it in their interviews? Just wondering if his “suicide attempts” will come into evidence. I consider Barry’s “suicidal” behavior to be domestic violence.

Came from Suzanne and her friend. I believe SO. I’m wondering if I read somewhere that he did that in front of MM2? I think I did. Either way, can you imagine how frightening that was for Suzanne?!
He’s such a monster imo.

 

[Love Never Fails]

That's absolutely abuse, it's as insidious as it is evil.

I'm not sure the gun thing will come in, but I'll be mad as hell if those deleted texts of that last threat are ruled inadmissible. Barry admitted to that, claiming he was trying to hurt her or something to that effect.

I'd love some clarity here!

Yes he did and told her he was sorry or something like that. Can anyone come up with that text?
There is NO reason for those texts not to be entered into evidence.

 

[Megnut]

Are the jurors expected to render a verdict on DV? Or is that a sentencing issue before the judge? So, if the jurors find Barry guilty of Murder 1, the judge will impose the mandatory LWOP sentence plus a sentence for DV because domestic homicide, Murder 1 constitutes DV to the ultimate degree, is that it?

Is that how the law reads? Theory being, Barry's not on trial for DV, he's on trial for murder, and if found guilty of that, the judge will rule/sentence for it?

Trying to wrap my head around a system that IMO fails to validate murder as the culmination of DV.

Suzanne isn't here to explain, qualify, quantify and provide support for her statements.

Her life and legacy shouldn't be boxed out of the courtroom.

JMO

 

[Momofthreeboys]

Are the jurors expected to render a verdict on DV? Or is that a sentencing issue before the judge? So, if the jurors find Barry guilty of Murder 1, the judge will impose the mandatory LWOP sentence plus a sentence for DV because domestic homicide, Murder 1 constitutes DV to the ultimate degree, is that it?

Is that how the law reads? Theory being, Barry's not on trial for DV, he's on trial for murder, and if found guilty of that, the judge will rule/sentence for it?

Trying to wrap my head around a system that IMO fails to validate murder as the culmination of DV.

Suzanne isn't here to explain, qualify, quantify and provide support for her statements.

Her life and legacy shouldn't be boxed out of the courtroom.

JMO

It is a sentence enhancer in this case allowing the judge to add additional time to a sentence should he be found guilty above the sentencing guidelines.

 

[MassGuy]

Yes he did and told her he was sorry or something like that. Can anyone come up with that text?
There is NO reason for those texts not to be entered into evidence.

I think these are partial, and I'm not sure if they are all of them or not. Pages 32-33

On May 6, 2020, from 2:43 PM to 5:00 PM, Suzanne received four messages (deleted from Barry's phone prior to seizure of his phone on May 13, 2020) from Barry, which referenced,

"When I'm dead," "Going to see my savior," and "This life on earth is a mear (sic) grain of sand compared to eternity."

 

[susiQ]

"This life on earth is a mear (sic) grain of sand compared to eternity."
Hate to break it to ya Bare, but LWOP is going to seem like an eternity here on earth. Just ask Patrick Frazee!

 

[Fidobell]

Scotland still has a "not proven" verdict. I would like to see it in other countries as well.

I live in Scotland and am familiar with not proven verdicts . It means the accused cannot be tried again EVER at a later stage even if more evidence comes to light so it has same outcome as not guilty . Many cases have fallen foul to this verdict over the years . Imo it needs removed from Scottish law . Google Amanda Duffy murder for a perfect example not proven doesn't work .