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

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This is really damning.

"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."
This is awesome. You murder someone and then maybe spend Sunday afternoon in a hotel in Broomfield deleting calls and texts? That takes some time. He knew LE would look at his phone. What an idiot.
 
Barry Morphew can murder his wife, fake an alibi on the wrong day, lie about happy marriage, lie about vehicle data, lie about phone data, lie about steak and sex, lie about bike staging, lie about bike helmet. Weren't some of the "interviews" at Barry's house where he cooked BBQ for the agent(s). I finish and remodel basements, and if you give me 30 hours to question Barry Morphew I would provide a better line of questioning and at the very least have a moment of confrontation on facts.
I don't know if you are familiar with Agent Grusing's long career or not. But he is very highly respected because of the brilliant tactics he used in many high profile cases, to catch these killers. He personally brought down Mark Redwine, for the murder of his 11 yr old son, Dylan.

And he did so by spending a lot of time interviewing him, and slowly roasting him over the coals. He gave very organised and well thought out testimony in that recent trial, which helped get Redwine the Guilty verdict.

Grusing is also known for helping to crack open the Patrick Frazee case. He made a follow up phone call to a witness in Idaho, concerning a phone call from the murder suspect, Frazee, to a woman who was buying some of Frazee's horses in Colorado. In that routine phone call Grusing sniffed out the stink, and eventually rooted out that woman as the murder accomplice. Grusing is considered a very high level, perceptive Special Agent with a lot of success as an investigator and interrogator.


You may think that you could do a better job than Agent Grusing did. But you have not heard the entire 40 hours of interviews and you may be doing him a disservice by jumping to that conclusion.

By the way, FBI Agent Grusing spent 25 years as an #FBI Special Agent. He Investigated International Terrorism, Espionage , Bank Robberies, Behavioral Analysis, investigated kidnappings, serial murders, special jurisdiction crimes, missing persons, public corruption, and other violent crime matters. And he testified in multiple high-profile cases over decades. So I wouldn't write him off as incompetent.

Here is his background:
https://www.linkedin.com/in/jonny-grusing-48344a47
  • Director Of Safety And Security
    Douglas County School District
    Aug 2021 - Present9 months

  • Consultant
    Grusing Investigative Consulting
    Jan 2022 - Present4 months

    Colorado, United States

    I specialize in assessing cases involving missing persons, cold case homicides, pattern crimes of violence and persons of concern to help prevent acts of violence. I train investigators in investigative strategies to include interviews, case management and productive courses of action. I have provided hundreds of lectures, seminars and presentations on investigating serial killings, along with strategies to help prevent mass attacks, using what I learned from working such investigations with the FBI's Behavioral Analysis Unit. I worked closely with local sheriff's offices and police departments around the state on significant violent crime matters for the FBI for 23 years to gain these perspectives. CV available upon request

    Special Agent
    Federal Bureau of Investigation (FBI)
    Sep 1996 - Jul 202124 years 11 months

    Denver

    Investigated International Terrorism and Espionage matters from 1997-1998.
    From 1998-present, Bank Robbery Coordinator, Primary Relief Supervisor, Behavioral Analysis Coordinator, Defensive Tactics Coordinator positions with investigative responsibilities into kidnappings, serial murders, special jurisdiction crimes, missing persons, public corruption and other violent crime matters.
 
This is really damning.

"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."
This is awesome. You murder someone and then maybe spend Sunday afternoon in a hotel in Broomfield deleting calls and texts? That takes some time. He knew LE would look at his phone. What an idiot.
Thanks, just thinking about the Laci and Conner Peterson case.
Scott Peterson was effectively off death row when the governor of CA got rid of the DP for everyone so he was bound to wind up with LWOP anyway. He won’t go free. hoping BM gets life plus!
 
I don't get why discussions between law enforcement about whether to proceed to arrest or not, are seen as so significant - especially as regards an arrest and hearing that already happened and where clearly the state in fact met it's evidentiary obligations. It doesn't matter if they differed on whether it was tactically the best approach to wait to gather more evidence or proceed.

Cahill's muppetry we've been through before so won't rehash except to say, obviously CODIS did not in fact point to an out of state offender. Why this is now some huge issue as far as the judge is concerned, I don't understand - especially seeing as he won't allow the evidence which shows how he is wrong about it.

The Judge seems to have taken the violations, and brought into the idea that somehow exculpatory evidence was intentionally concealed based on the defence conspiracy theory and misrepresentations
 
Much of what we know is still admissible, but I worry about the DNA (ruling out the SODDI angle) and the cellular locational analysis (showing where BM was)

The most recent successful convictions of two no-body murderers (Berreth & Schilling) were attributed to the phone/data evidence presented by FBI Agent Hoyland.

DNA and phone forensics truly need an expert to break down the evidence for juror consumption (ordinary persons). As users, we have an idea of how our phones work but there's no substitute for visualizing triangulation, radio signal, paring, etc.

Same with DNA and understanding how common terms such as "match" don't mean the same when used by experts and DNA analysts. MOO

Excellent summary at link below:

DNA Evidence in the Legal System - The Evaluation of Forensic DNA Evidence - NCBI Bookshelf
 
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The most recent successful convictions of two no-body murderers (Berreth & Schilling) were attributed to the phone/data evidence presented by FBI Agent Hoyland.

DNA and phone forensics truly need an expert to break them down for juror consumption (ordinary persons). As users, we have an idea of how our phones work but there's no substitute for visualizing triangulation, radio signal, paring, etc.

Same with DNA and understanding how common terms such as "match" don't mean the same when used by experts and DNA analysts. MOO

Excellent summary at link below:

DNA Evidence in the Legal System - The Evaluation of Forensic DNA Evidence - NCBI Bookshelf


Barry's fancy lawyers must have examined all other no body cases with a fine tooth comb and that is why ,via a malleable judge, the prosecution are being denied their expert witnesses.
 
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
That's basically what happened. Grusing laid his cards out on the table in that final interview, and allowed Barry to tell lie after lie in addressing the evidence.

Although it wasn't super confrontational, Barry did tremendous damage.

Grusing has interviewed everyone from your run-of-the-mill wife killer, to serial offenders. He's a profiler, so this must have been a dream scenario for him (no killer talks to law enforcement like Barry did).

On one occasion, Barry appeared to come tantalizingly close to a confession. He also explained why he murdered Suzanne, and how he had left himself off the hook (God's judgement). I'm convinced Grusing also was able to obtain information as to how Barry concealed Suzanne (mine shaft). That particular interaction was incredibly interesting, as Barry shifted in his chair and deflected by mentioning burial as a means of disposal.

And Barry's final words to him said it all:

"How could you do this to me? I trusted you."

https://twitter.com/laurenscharftv/status/1429930495580774400?s=21&t=tSkeyvfiUTBx5HcT0bvIXA
 
I don't know if you are familiar with Agent Grusing's long career or not. But he is very highly respected because of the brilliant tactics he used in many high profile cases, to catch these killers. He personally brought down Mark Redwine, for the murder of his 11 yr old son, Dylan.

And he did so by spending a lot of time interviewing him, and slowly roasting him over the coals. He gave very organised and well thought out testimony in that recent trial, which helped get Redwine the Guilty verdict.

Grusing is also known for helping to crack open the Patrick Frazee case. He made a follow up phone call to a witness in Idaho, concerning a phone call from the murder suspect, Frazee, to a woman who was buying some of Frazee's horses in Colorado. In that routine phone call Grusing sniffed out the stink, and eventually rooted out that woman as the murder accomplice. Grusing is considered a very high level, perceptive Special Agent with a lot of success as an investigator and interrogator.


You may think that you could do a better job than Agent Grusing did. But you have not heard the entire 40 hours of interviews and you may be doing him a disservice by jumping to that conclusion.

By the way, FBI Agent Grusing spent 25 years as an #FBI Special Agent. He Investigated International Terrorism, Espionage , Bank Robberies, Behavioral Analysis, investigated kidnappings, serial murders, special jurisdiction crimes, missing persons, public corruption, and other violent crime matters. And he testified in multiple high-profile cases over decades. So I wouldn't write him off as incompetent.

Here is his background:
https://www.linkedin.com/in/jonny-grusing-48344a47
  • Director Of Safety And Security
    Douglas County School District
    Aug 2021 - Present9 months

  • Consultant
    Grusing Investigative Consulting
    Jan 2022 - Present4 months

    Colorado, United States

    I specialize in assessing cases involving missing persons, cold case homicides, pattern crimes of violence and persons of concern to help prevent acts of violence. I train investigators in investigative strategies to include interviews, case management and productive courses of action. I have provided hundreds of lectures, seminars and presentations on investigating serial killings, along with strategies to help prevent mass attacks, using what I learned from working such investigations with the FBI's Behavioral Analysis Unit. I worked closely with local sheriff's offices and police departments around the state on significant violent crime matters for the FBI for 23 years to gain these perspectives. CV available upon request

    Special Agent
    Federal Bureau of Investigation (FBI)
    Sep 1996 - Jul 202124 years 11 months

    Denver

    Investigated International Terrorism and Espionage matters from 1997-1998.
    From 1998-present, Bank Robbery Coordinator, Primary Relief Supervisor, Behavioral Analysis Coordinator, Defensive Tactics Coordinator positions with investigative responsibilities into kidnappings, serial murders, special jurisdiction crimes, missing persons, public corruption and other violent crime matters.
Thanks for the background info. I'm speaking specifically to this case. It is odd to have 30 hours of questioning, and not have an arrest/ clearing of that person based on that questioning. I understand starting the conversations in a manner that allows Barry to talk and incriminate himself. Once he does that though, maybe hours 25-30 put the screws to him and make him either lawyer up or confess to a lower charge
 
That's basically what happened. Grusing laid his cards out on the table in that final interview, and allowed Barry to tell lie after lie in addressing the evidence.

Although it wasn't super confrontational, Barry did tremendous damage.

Grusing has interviewed everyone from your run-of-the-mill wife killer, to serial offenders. He's a profiler, so this must have been a dream scenario for him (no killer talks to law enforcement like Barry did).

On one occasion, Barry appeared to come tantalizingly close to a confession. He also explained why he murdered Suzanne, and how he had left himself off the hook (God's judgement). I'm convinced Grusing also was able to obtain information as to how Barry concealed Suzanne (mine shaft). That particular interaction was incredibly interesting, as Barry shifted in his chair and deflected by mentioning burial as a means of disposal.

And Barry's final words to him said it all:

"How could you do this to me? I trusted you."

https://twitter.com/laurenscharftv/status/1429930495580774400?s=21&t=tSkeyvfiUTBx5HcT0bvIXA
IIRC, Grusing entered the picture second to the CBI investigators and explained to BM that he was the auditor where he went over what BM told CBI compared to the evidence. And every time, BM came back to Grusing with a revised version that fit the evidence! MOO
 
The most recent successful convictions of two no-body murderers (Berreth & Schilling) were attributed to the phone/data evidence presented by FBI Agent Hoyland.

DNA and phone forensics truly need an expert to break down the evidence for juror consumption (ordinary persons). As users, we have an idea of how our phones work but there's no substitute for visualizing triangulation, radio signal, paring, etc.

Same with DNA and understanding how common terms such as "match" don't mean the same when used by experts and DNA analysts. MOO

Excellent summary at link below:

DNA Evidence in the Legal System - The Evaluation of Forensic DNA Evidence - NCBI Bookshelf
Agent Hoyland is a person who can hold his own with Iris and Dru for the phone testimony. Yet the judge won’t allow his testimony as an expert. That’s why I’m so against Judge L. He is single handedly destroying the case. No need for defense attorneys when you have a biased judge.
 
Agent Hoyland is a person who can hold his own with Iris and Dru for the phone testimony. Yet the judge won’t allow his testimony as an expert. That’s why I’m so against Judge L. He is single handedly destroying the case. No need for defense attorneys when you have a biased judge.
^^rsbm

From Lama's 4/8/22 Court Order, I believe he made it clear that three experts including Hoyland will not be able to testify in the murder trial. (See Item i from the Order).

Lama also identified seven experts that can only testify as lay witnesses -- including Grusing. (See Item ii).

From April 8, 2022, Court Order [D-17] pg 19/20:

Item i., CBI Agent Duge (DNA), Andrew McDermott (??), and FBI's Kevin Hoyland (Phone/Data), are excluded as expert witnesses. Since the Order does not cite that they may provide lay opinions, I do not expect they will appear as witnesses.

For no-body homicides, one only has to reference the recent Colorado murders of Kelsey Berreth and Kelsie Schelling to see how critical the expert testimony of Hoyland is to a case.

Item ii., for the seven witnesses here (Stevens, Hicks, Walker, Rohrick, Grusing, Graham, and Harris), think "lay opinion" = "ordinary person" as cited above (post #769).

Item iii., Caitlin Rogers: CBI Analyst Caitlin Rogers advised Agent Megan Duge on what DNA has been tested or not tested and what a partial from a keyboard search meant. Rogers is allowed to testify as an expert but her testimony is restricted to only the information as written in her current report.

However, given that Agent Megan Duge has been excluded as an expert DNA witness (Item i.), I foresee yet another objectionable challenge and burden placed on Rogers during her testimony. MOO

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