Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #99

[mrjitty]

OK, now that I learned the name of the Telematics expert (Ken Hicks) we need him too!

Seriously the evidence of Telematics guy and Cellular dude are 90% of the reason I am following the trial!

Now we find Barry deleted his location data, I am so confident of my prediction that Telematics guy would present finding of tampering with the logging/app/sync

I think there is an even chance BM deleted the Ford app from his phone, or deleted all the data out of it.

 

[mrjitty]

It sounds to me like Barry's sister desperately believes all the utter BS her brother has been telling her all this time. Families tend to cling to these lies because the reality is ugly and frightening.

She HAS TO believe that her poor brother is being railroaded by the cruel sheriffs and DA's---She HAS TO believe that Suzanne was cheating on him and ran away with her boyfriend, etc. She sounds very desperate. JMO

This is what annoys me about the domestic abuse rulings. He is out there doing this abusive stuff on a daily basis

The defence case isn't even SODDI - they are all in on the god faring man being railroaded by the bad sheriff just like you say

Sure he might have had to punch his wife in the nose from time to time ... but who doesn't?

 

[katydid23]

Just noticed on Page 15 regarding the March 30 hearing where Spence testified, there is a footnote #10 saying the Judge did not have the Court transcript when he wrote today’s Order— just relied on his notes.
SMH

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/ORDER RE_ DEFENDANT'S RENEWED MOTION FOR DISCOVERY AND CONTEMPT SANCTIONS AND FORTHWITH HEARING [D-17A] SUPPLEMENT [D-17B] SUPPLEMENT [D-17-C] SUPPLEMENT AND [D-17D] SUPPLEMENT.pdf

That seems a bit problematic. The judge wrote that court order w/out the actual court transcript in front of him, so had to use his notes----and I think it shows with the way he mischaracterised the dog handler's testimony, relying wholly upon the defense version of events. JMO

 

[mrjitty]

Judge Masipa redux. Remember she adopted the entire defence timeline in her judgement because she was so lazy.

 

[katydid23]

Help me understand this...

Just because the judge won't be allowing these 16-17 people to testify as experts, at least they will still be testifying. What's so wrong w/that?

Their answers will still be worth something, right?

There are definite restrictions when your witness is not labeled was an 'expert.' It weakens their testimony when they are not granted the expertise necessary to be seen as the most credible and the most knowledgable opinion on the subject at hand.

So if I am a cell phone 'expert' witness, you will accept and believe my highly educated opinion because the court is verifying my credentials. But if I am not an 'expert' cell phone witness, then I could be seen by the jurors as an employee of ATT or something, and not a highly experienced data analyst with years of trial experience.

 

[jakat]

WOW!!! So this is the first I am hearing this part (copy/pasted from your post Massguy

"The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

UMMM 381 texts deleted? 25 calls and 58 saved locations!!??

I wondered when he deleted the texts we knew he deleted that were mentioned in the AA.. I was curious if he did it the day they were sent or later once she was "missing" and before they took his phone. He had 2-3 days with his phone and if he deleted these items during those 2 days that is WAY more incriminating than say right after sending a text he decides to delete it (which might make sense for his excuse that he didn't want the girls to see them).. makes no sense why he needed to delete things a week after he sends it and after his wife is missing unless he wants to hide those things.

He probably did a factory reset and wiped all the data from the phone. What he didn't realize was it could all be recovered by LE.

 

[katydid23]

Perhaps it would have been better stated that the price of injustice for SM was too high.

What I'm seeing by this court-- especially after striking 14 of 16 prosecution witnesses, are clear acts of injustice for the victim.

IMO, there'd be no comparing BM's defense by his initial, court-appointed lawyers, to the E & N defense team that sought from day one to strategically frustrate the prosecution with mostly unwarranted motions for discovery violations, sanctions, and repeated motions for dismissal. MOO

ETA: Please see my following MSM post recapping the Nov 9, 2021 motions hearing with Judge Murphy.

Also, I worry if others fail to see that E & N were just as strategic to motion that Judge Murphy should be removed from this case after BM's girlfriend, SD, a potential defense witness, hired an attorney very closely related to BM's defense team, and where a partner of the firm is a longtime friend of Judge Murphy. MOO

"Also, I worry if others fail to see that E & N were just as strategic to motion that Judge Murphy should be removed from this case after BM's girlfriend, SD, a potential defense witness, hired an attorney very closely related to BM's defense team, and where a partner of the firm is a longtime friend of Judge Murphy."

No, that wasn't lost on me. That always smelled fishy. It wouldn't surprise me if they set that whole thing up to shift the trial to a much more defense minded judge.

 

[katydid23]

RSBM

This is all feeling very Advocate Roux and Judge Masipa in the Pistorius case.

Roux consistently misled the Court, especially by claiming things were supported by exhibits when such was not the case. We mostly picked up on these things on the web where we have time to comb through - to be fair it is hard for the prosecution to object in real time.

This^^ is exactly how I am feeling now about this case. It is very reminiscent of Judge Masipa, bless her heart, and the way she mischaracterised testimony and court happenings, to the point that we would be gasping in the peanut gallery---thinking WHY did she just rule that way? Was she listening to the same testimony?

I am getting horrible vibes right now about the status of this case.

 

[katydid23]

Another botched murder investigation by police and DA. Was the officer who touched the bike, the officers who asked Barry to give them evidence bag and walk through the house, Cahill saying and doing things to risk prosecution- were they disciplined ? How many times is ok? Why are police and DA allowed to mess up so bad with no oversight or consequence? Why is DA not producing docs in a timely manner? Grusing, should have studied and been more prepared for follow up questioning in those 30 interviews. I've yet to here where any major pressure was put on Barry. After his lies, what was the follow up question. "She was sleeping at 5 when I left for Broomfield". Um. We had a great marriage? I was at the job? What did you do Sat night? Why no cell phone data for Suzanne after 2 on Sat?What was the follow up questioning?

I propose a federal agency that only investigates and prosecutes murders? I'm so frustrated by inexperienced and unprepared local law enforcement mishandling murder investigations.

I don't have any problem with Agent Grusing and his interviews. He purposely avoided putting any pressure on Barry because he wanted to keep him talking. Most defendants would have clammed up and said 'talk to my attorney' instead of sitting for hours, voluntarily, with a seasoned FBI agent.

Grusing got a lot of important details out of Barry and caught him in many lies and pinned him down to a timeline. He did his job well.

I am not blaming any of these current trial issues on Agent Grusing. He has had a stellar career and I have seen him testify flawlessly in several major murder trials. JMO

 

[MrsWatson]

BM doing the data dump on his phone is so incredibly damning. OMG, what a numpty.

I wonder how many of those 381 text messages were with Suzanne. And who were the others with, that BM didn't want anyone to see?

I wonder what some of those saved locations were. I wonder if there have been any searches related to the saved locations.

How can the defense spin that data dump?

I don't think the defense has any plan of playing those forty hours of BM's Lies, Obfuscations, and Tall Tales Involving Various Animals. BM lies, then lies when confronted with his lies, then lies some more. There's no positive in showing that to the jury. BM wasn't entrapped, or coerced or threatened. He was there, lying like a rug, of his own free will.

E & N: Could create bother in an empty room.

They're working their strategy. They have no valid defense, so they are working to get everything they can thrown out. The less the jury hears about the mountain of circumstantial evidence, the more likely BM walks. They have many large hurdles to overcome.

Just staring with when Suzanne's phone went dark, right before BM shows up at Puma Path.

I'm very disappointed in the Judge's ruling and I hope the prosecution is successful in changing that decision. It seems remarkably harsh.

 

[Skigh]

"Also, I worry if others fail to see that E & N were just as strategic to motion that Judge Murphy should be removed from this case after BM's girlfriend, SD, a potential defense witness, hired an attorney very closely related to BM's defense team, and where a partner of the firm is a longtime friend of Judge Murphy."

No, that wasn't lost on me. That always smelled fishy. It wouldn't surprise me if they set that whole thing up to shift the trial to a much more defense minded judge.

Those were my thoughts too.

I think they also were responsible for the fake recording in court story in order for the court banning live reporting therefore preventing journalists being able to provide accurate up to the minute updates from court . The judge relying on his notes rather than court documents is a dereliction of his duties, as is not making sure he was fully informed about everything that was recorded and written in all documents prior to him taking over as judge.

He is,in my opinion,seriously damaging his reputation as a judge.

 

[mrjitty]

Looks like the prosecution is going the route @Seattle1 described, contending the expert sanctions are a defacto dismissal.

Hope they take it to appeals level.

It would be an utter travesty if the killer walks on this kind of pre-trial BS

Not that the violations are BS - they suck - but the sanctions are utter nonsense

 

[girlhasnoname]

Finally, a reference to the sneaky ole' Bobcat. Sounds like they do have some info pertaining to BARE's beloved cat.

<snipped from MG's post above & BBM>

Cell phone data tracking information used from Suzanne's phone and information extracted from the defendant's truck, Bobcat and phone help the prosecution determine a timeline of the events between May 8, 2020 and May 10, 2020, reads the motion.

MOO

 

[MountainDad]

I don't have any problem with Agent Grusing and his interviews. He purposely avoided putting any pressure on Barry because he wanted to keep him talking. Most defendants would have clammed up and said 'talk to my attorney' instead of sitting for hours, voluntarily, with a seasoned FBI agent.

Grusing got a lot of important details out of Barry and caught him in many lies and pinned him down to a timeline. He did his job well.

I am not blaming any of these current trial issues on Agent Grusing. He has had a stellar career and I have seen him testify flawlessly in several major murder trials. JMO

I haven't heard any of the 30-40 hours of interviews with Barry, only a small portion in the AA. I do wonder how a seasoned FBI agent can talk with a murderer that long and fail to get a confession, crime details, or any irrefutable evidence that Barry is guilty. It seems from the limited info I have that Grusing acted friendly with Barry. Barry told one lie after another. The whole narrative is now defined by Barry and no experts can testify to vehicle data, phone data, or past marital problems. DV in direct tweets not allowed. Grusing should have put pressure, countered lies with facts, and made him lawyer up with harsh questioning- not friendly interviews.

 

[WingsOverTX]

I haven't heard any of the 30-40 hours of interviews with Barry, only a small portion in the AA. I do wonder how a seasoned FBI agent can talk with a murderer that long and fail to get a confession, crime details, or any irrefutable evidence that Barry is guilty. It seems from the limited info I have that Grusing acted friendly with Barry. Barry told one lie after another. The whole narrative is now defined by Barry and no experts can testify to vehicle data, phone data, or past marital problems. DV in direct tweets not allowed. Grusing should have put pressure, countered lies with facts, and made him lawyer up with harsh questioning- not friendly interviews.

Without Grusing, there is no case against Barry Morphew. You continue to assert that Grusing did not "pressure" the defendant. Actually, he artfully pressured him in many ways that produced unforced testimony which can be used to convict the defendant.

The contradictions (lies) of BM are laid bare as the interviews progress. And we only have the AA so goodness knows how many more changes to his statements the defendant made as new info was released to him. Reading these WS threads alone, that is CLEAR.

The day of his arrest, Barry's admission that he thought his con game had worked on his friend "Jonny" could be viewed as tantamount to a confession to the crime(s), IMO.

No matter the outcome of the case, I don't think it is fair or honest to lay any failure at the feet of Grusing.

You wanted the defendant to lawyer up and shut his mouth. The fact that he did not until after his arrest displays the kind of hubris that has him wearing an ankle monitor right now. He might be free but for Grusing.


JMHO

 

[WildOrchid]

I understand what both you and @MountainDad are saying. Without Grusing, yes, there’d be no Barry interviews. However, if the judge doesn’t reconsider, we now have Barry’s words only to set the narrative because the experts can’t testify that he’s a bunch of BS with the proof they have that Barry is lying. The defense will tear it apart. It’s almost like BM is smarter than we think. Or maybe he’s cunning.

Without Grusing, there is no case against Barry Morphew. You continue to assert that Grusing did not "pressure" the defendant. Actually, he artfully pressured him in many ways that produced unforced testimony which can be used to convict the defendant.

The contradictions (lies) of BM are laid bare as the interviews progress. And we only have the AA so goodness knows how many more changes to his statements the defendant made as new info was released to him. Reading these WS threads alone, that is CLEAR.

The day of his arrest, Barry's admission that he thought his con game had worked on his friend "Jonny" could be viewed as tantamount to a confession to the crime(s), IMO.

No matter the outcome of the case, I don't think it is fair or honest to lay any failure at the feet of Grusing.

You wanted the defendant to lawyer up and shut his mouth. The fact that he did not until after his arrest displays the kind of hubris that has him wearing an ankle monitor right now. He might be free but for Grusing.


JMHO

 

[WingsOverTX]

I understand what both you and @MountainDad are saying. Without Grusing, yes, there’d be no Barry interviews. However, if the judge doesn’t reconsider, we now have Barry’s words only to set the narrative because the experts can’t testify that he’s a bunch of BS with the proof they have that Barry is lying. The defense will tear it apart. It’s almost like BM is smarter than we think. Or maybe he’s cunning.

Sorry to be flippant, but:
How much wood would 85 chipmunks chuck if a chipmunk could chuck wood?

Call me naive, but the absurdity of this defendant's responses to the findings against him & his obvious lies upon revisiting facts should be enough for a smart jury despite any histrionics provided by his lawyers.

I can just hear Iris now.....but, your honor, Mr. Morphew would never attack poor, defenseless chipmunks, never mind his wife.

Really?

JMHO

 

[girlhasnoname]

I understand what both you and @MountainDad are saying. Without Grusing, yes, there’d be no Barry interviews. However, if the judge doesn’t reconsider, we now have Barry’s words only to set the narrative because the experts can’t testify that he’s a bunch of BS with the proof they have that Barry is lying. The defense will tear it apart. It’s almost like BM is smarter than we think. Or maybe he’s cunning.

I don't think BARE is smart or cunning, if he was, he wouldn't have given 30+ hours of interviews to begin with.

I do think he has a couple of high-priced mouthpieces, who have nothing in his defense except to tear apart the State's case piece by piece. It's what they're good at, but it doesn't make BARE innocent.

#Justice4Suzanne

 

[Knox]

Yes, the prosecution may request a review of the Court's Order for sanctions, and I don't disagree with you about how losing Kevin Hoyland (FBI phone/data forensic expert) as an expert witness will be a travesty of justice.

What a difference a week makes! Exactly one week ago, I posted that I thought the defense wasn't giving up on trying to get the case dismissed, and if they fail to convince the Court to dismiss the case pretrial, they will move for dismissal when the prosecution rests -- on the grounds that the state failed to prove its case.

While I haven't changed my mind about the defense's strategy, after the Court Order [D-17] was filed/released on Friday, 4/8, I'm also inclined to believe that the prosecution may be filing a petition under C.A.R. 21, seeking review of the Court's Order for sanctions-- where granting the defense's motions, resulting in the loss of 14/16 prosecution witnesses, is the equivalent of a dismissal.

If the Supreme Court denies the petition, I think the prosecution might go for the hail mary play similar to the case cited below [People v Daly]. This case was actually cited by the Court in its [D-17] order.

In People v Daley, when the case was called for trial, the prosecution informed the trial court that, as a result of the sanctions, it had insufficient witnesses and evidence to proceed to trial.

In the end, the appellate decision was in favor of the prosecution, the higher court reversed the district court's order for sanctions, and the case was remanded back to the trial court to reinstate the information, and schedule a trial consistent with defendant's speedy trial rights as set forth in this opinion. MOO

Rule 21 - Procedure in Original Proceedings, Colo. R. App. P. 21 | Casetext Search + Citator

Thank you for this explanation!!

 

[MountainDad]

Without Grusing, there is no case against Barry Morphew. You continue to assert that Grusing did not "pressure" the defendant. Actually, he artfully pressured him in many ways that produced unforced testimony which can be used to convict the defendant.

The contradictions (lies) of BM are laid bare as the interviews progress. And we only have the AA so goodness knows how many more changes to his statements the defendant made as new info was released to him. Reading these WS threads alone, that is CLEAR.

The day of his arrest, Barry's admission that he thought his con game had worked on his friend "Jonny" could be viewed as tantamount to a confession to the crime(s), IMO.

No matter the outcome of the case, I don't think it is fair or honest to lay any failure at the feet of Grusing.

You wanted the defendant to lawyer up and shut his mouth. The fact that he did not until after his arrest displays the kind of hubris that has him wearing an ankle monitor right now. He might be free but for Grusing.


JMHO

After 30-40 hours of questioning and interviews, I expect a seasoned FBI homicide investigator to structure questioning to leave no doubt of guilt. Grusing is the only person with direct communication with Barry. I understand building rapport, getting Barry to contradict his story, acting friendly. Do that for 29 hours. In the final interview, there needs to be confrontation, and extreme pressure to either lawyer up or confess. He did his job for 7 innings, but failed to close out the game.
Grusing: after interviewing you for 30 hours Barry we have many inconsistencies in your story. Suzanne was not sleeping at 5 a.m. on Mother's Day morning in your bed. Your truck telematics and phone data say you were not sleeping Saturday night. The job in Broomfield was not scheduled and we have video evidence that you were not on the job. We also have evidence that your marriage words ending in divorce, and all of Suzanne phone data stopped on Saturday when you arrived home. We are preparing to arrest you for first-degree murder oh, and now is the time for you to tell us what happened