Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #98

[Pyrite]

In any human activity, there are always a range of possibilities of course. And to the extent the AA has inadmissible evidence, those who read it have something a jury will not.

But reading @Cindizzi's post on this page above, including Judge M's findings - all of which are based solely on admissible evidence - the prosecution has a very strong case to make. I believe BM will be in prison this summer.

Suzanne Morphew Murder to Proceed to Trial, Barry Morphew Bail set at $500,000 - by Jan Wondra - Ark Valley Voice

in the article you linked the Judge was quoted ““It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy.”” When explaining the standard for proof evident.

I’m not sure how to read this except with everything in the AA and from the PH, the judge did not necessarily find enough proof to convict BM in a court trial. He also said the DNA was important, but now we know it isn’t, according to what we have heard from LE in the last couple of hearings. However, the judge didn’t say the DNA was the only reason he didn’t find ‘Proof Evident’.

I’m still on the fence about a guilty verdict. It puts me in the minority here I know, but when I see verdicts like in the Nicole Brown murder and Caylee Anthony death/murder, I think with the right defense team, weak seeming so far prosecution team, BM could walk.

MOO

 

[al66pine]

... a dramatic moment in court when this becomes true-crime-novel-worthy and perhaps some writer can also make a few bucks!

@MemPat bbm & sbm I agree but ---
Imo SM's disappearance & the LE & judicial aftermath merit a true crime nonfiction book, not a novel.
In recounting these tragic but bizarre events, the author does not need to embellish or to add fabrications, as BM supplied plenty. my2ct.

Putting my hairsplitting scissors back in the drawer for tonight.

 

[susiQ]

The "bike ride" has to be done away with immediately. If there is one juror who believes that happened, that is reasonable doubt.

Let’s hope the prosecution takes care of that nonsense in the opening statement! Then the jury will be presented with the evidence that points to Suzanne being murdered on May 9th, Bare’s fake alibi for the 10th and SO MANY more lies!!

I’m also looking forward to the “spin” the defence is going to offer during their opening statement. I’m sure it will be worth every penny Bare’s spending on them .
ed:sp

 

[Puzzles8]

Oh my, it just occurred to me that we need a Blue Jay in our zoo! Wasn’t BM drafted by the Toronto Blue Jays many moons ago? .

I truly think our zoo might soon qualify to become an Ark...

JMO

 

[Megnut]

In any human activity, there are always a range of possibilities of course. And to the extent the AA has inadmissible evidence, those who read it have something a jury will not.

But reading @Cindizzi's post on this page above, including Judge M's findings - all of which are based solely on admissible evidence - the prosecution has a very strong case to make. I believe BM will be in prison this summer.

Suzanne Morphew Murder to Proceed to Trial, Barry Morphew Bail set at $500,000 - by Jan Wondra - Ark Valley Voice

Just in time for Father's Day.

 

[JosieMae]

The "bike ride" has to be done away with immediately. If there is one juror who believes that happened, that is reasonable doubt.

It will be done away with, and quickly. The prosecution will establish that SM never rode her bike at that time of day or in that location, and that she always drove to trailheads.

(Fortunately her dim-witted self-absorbed husband knew none of that).

 

[Warwick7]

Just in time for Father's Day.

Is that anything like husband's day?
Yes, just in time...

 

[susiQ]

Just in time for Father's Day.

I sincerely hope the irony of that is not lost on him.

 

[al66pine]

Jury Instructions.

When a jury tells the judge they have reached an impasse, the judge.. modified Allen instruction...:
"Supplemental Instruction — When Jurors Fail to Agree...
Well known Colorado defense attorney H. Michael Steinberg has a web page that is very well done, laying out all the considerations, consequences, and scenarios when jurors do not agree, including the declaration of a mistrial:...
Understanding the Hung Jury in Colorado: the modified Allen instruction and the effect of a mistrial.

@CGray123 sbm for focus
Thank you very much for this ^ post w quotes & link. Agreeing w your assessment about H. Michael Steinberg website.*
"Time-Fuse" Jury Instruction "... informs a
jury that it will declare a mistrial if a verdict is not returned by a specific time. It has been rejected because of the “coercive effect” it has on jury deliberations."

I've heard this called a "shotgun instruction - like a shotgun wedding.

In addressing a not-yet-decided-jury, so many nuances judges must consider. Challenging to say the least. my2ct.
__________________
* Understanding The Hung Jury In Colorado – The Modified Allen Instruction And The Effect Of A Mistrial

 

[MemPat]

@MemPat bbm & sbm I agree but ---
Imo SM's disappearance & the LE & judicial aftermath merit a true crime nonfiction book, not a novel.
In recounting these tragic but bizarre events, the author does not need to embellish or to add fabrications, as BM supplied plenty. my2ct.

Putting my hairsplitting scissors back in the drawer for tonight.

Thanks for catching my oxymoron, Al66!

 

[Skigh]

Is that anything like husband's day?
Yes, just in time...

If justice prevails, he will have a life time of celebrating convict 's day.

 

[Kemug]

An albatross was also mentioned the other day,but I am not sure we would want to risk it hanging around our necks.

 

[Kemug]

Well, I've caught a Blue Jay, and put it in the zoo. I don't know about an ark - I would have to go out hunting to be sure of having at least two of everything and that could take a while. Does anyone know of any really good hunters? (no, not him). As for an albatross, I'm not sure. Perhaps we could grab the one that's hanging around Barry's neck?

 

[Spartygirl]

Is that anything like husband's day?
Yes, just in time...

 

[CGray123]

in the article you linked the Judge was quoted ““It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy.”” When explaining the standard for proof evident.

I’m not sure how to read this except with everything in the AA and from the PH, the judge did not necessarily find enough proof to convict BM in a court trial. He also said the DNA was important, but now we know it isn’t, according to what we have heard from LE in the last couple of hearings. However, the judge didn’t say the DNA was the only reason he didn’t find ‘Proof Evident’.

I’m still on the fence about a guilty verdict. It puts me in the minority here I know, but when I see verdicts like in the Nicole Brown murder and Caylee Anthony death/murder, I think with the right defense team, weak seeming so far prosecution team, BM could walk.

MOO

I respect your view. But I disagree strongly because the judge was clearly misled to believe there was evidence of a third party:

"...[Judge Murphy] pointed out that 'I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.' He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

'This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: 'proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.'"

As we learned in a recent hearing, LE has tracked down this DNA evidence and it is not a match for the person who committed sexual assaults. I believe Judge M was unduly influenced by this evidence and if he had clearly understood its lack of significance BM would have been denied bail. All MOO, of course.

 

[Momofthreeboys]

I respect your view. But I disagree strongly because the judge was clearly misled to believe there was evidence of a third party:

"...[Judge Murphy] pointed out that 'I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.' He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

'This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: 'proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.'"

As we learned in a recent hearing, LE has tracked down this DNA evidence and it is not a match for the person who committed sexual assaults. I believe Judge M was unduly influenced by this evidence and if he had clearly understood its lack of significance BM would have been denied bail. All MOO, of course.

Agree. Had the arrest waited until CBI and local LE had their evidence fully assessed and their case organized we could have seen very different outcomes along the way to trial.

 

[Diddian]

Just in time for Father's Day.

I have the PERFECT Father's Day gift recommendation for him:
Department of Corrections Ties Neckties

 

[al66pine]

Thanks for catching my oxymoron, Al66!

@MemPat You're welcome, but
no need for a TY.

It may be old news to a small crowd of sleuthers - some may even say it's an open secret - that I've made a few oxymoronic posts myself.

And a few moronic posts too.

 

[Momofthreeboys]

Since we have alittle over a month until trial and have for the most part discussed the prosecution case here’s some things I have thought about. The coffee cup…did it get tested for dna or the leftover cup for poison? Did LE find out if Suzanne still had a port that needed to be cleaned? Did LE get alibis for the people at the RV park? What happened to the guy that got arrested - was he interviewed or deported? Was Suzanne loading her bike Sunday morning since she couldn’t ride that afternoon because of the wedding or was she in the habit of leaving her purse in the car? Why did Barry’s truck not show the activities early in the morning like a window rolling down or a door opening to allegedly toss a helmet? Was JL in Salida or why did Suzanne say those days were wonderful leading up to the activities preceding her disappearance? How much money was in her secret accounts? How accurate is the telematics data? In addition to shift in weak cell areas how accurate is the data- it is Sunday and I just got 3 voicemails come into my phone today that were from Thursday…not unusual. There are probably more and not all may be answered but they are questions I have that might come into trial.

 

[sk716]

Was getting some screencaps from the Copter4 video and noticed something.


There's a set of antlers just sitting in the yard. I don't think they're attached to anything but the video quality isn't great.

ETA: That's the BBQ/hot tub patio in the top left corner.