Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #101

[waldojabba]

He reluctantly agreed there was probable cause. He found that the AA was full of stuff that should not have been there under Colorado law. It's why Barry's bail was so low.

Here is Lauren Scharf's "live" from youtube that addresses the probable cause and the proof evident presumtion great. Lauren did this wrap up that night after the judge ruled. The judge did not reluctantly agree to probable cause, he listed a whole lot of reasons why he could find probable cause that BM may have killed her. He did find that prosecution did not meet the proof evident and presumption great though so by law he granted bond. The prosecution asked for the bail to be set at 10m the defense countered with 50k .. the court set 500k in cash

 

[susiQ]

Here is Lauren Scharf's "live" from youtube that addresses the probable cause and the proof evident presumtion great. Lauren did this wrap up that night after the judge ruled. The judge did not reluctantly agree to probable cause, he listed a whole lot of reasons why he could find probable cause that BM may have killed her. He did find that prosecution did not meet the proof evident and presumption great though so by law he granted bond. The prosecution asked for the bail to be set at 10m the defense countered with 50k .. the court set 500k in cash

Agreed! And, imho, probable cause is even greater now that the alleged CODIS “hits” have been relegated to the trash bin .

eta: I sincerely hope the next time they come to get him (whenever that may be) there will be no bond.

 

[CGray123]

We definitely have a different read on those limited points I posted.

I do not know what Plunder is.

The Arkansas Valley Voice covered the PH pretty well last September. They don't recite all the points I remember the Judge saying, but here's their summary:

"In his detailed explanation of his finding of probable cause Judge Murphy pointed out that while there is no body, the facts appear to point that Suzanne Murphew is deceased, not missing or hiding:

• No one has heard or seen her since May 9, 2020, despite huge media coverage…she has not been sighted or found, and she used her phone a lot.
• Her camelback and sunglasses were in her car and she always rode her bike with them.
• She was a stay-at-home mother to raise her kids and had no outside source of income from which she could hide money to use it to disappear.
• She had received an inheritance, but it was used to buy the home. (Morphew had said that “he was Suzanne’s ATM” indicating he was in control of the money.)
• She always had her bible, her journal, and the book “The Courage to Change” together. But her journal was missing and evidence of the journal was found burned in the fireplace.
• Her purse, driver’s license, credit cards, and cash were left.
• Most important, added Murphy, she was a dedicated and caring mother. “This is not in dispute … she said ‘Once Macy is gone – I won’t be able to do it’…. it would make little sense that she would absent herself from her kids’ lives, or of the rest of her family or friends.”

A cap of a tranquilizer needle was found in the home’s dryer along with Morphew’s clothes and Suzanne’s phone’s GPS on Saturday afternoon around the time that Barry Morphew returned home, showed her circling the home’s yard in a manner similar to the behavior of large wildlife that have been tranquilized, just after her last known phone contact.

Murphey (sic) reiterated a few key facts about Barry Morphew’s behavior. Among them:

• Mr. Morphew arrived home at 2:44 p.m. on Saturday, May 9. Three minutes later his phone is put in airplane mode until 10:17 p.m. “That is 7.5 hours – that is ample time to dispose of Suzanne’s body,” said Murphy.
• On Sunday, May 10, Morphew was up and doing something pre-dawn, GPS tracking showed that included driving to the areas where Suzanne’s bike and bike helmet were found later that day. In fact, he made a left turn on CR 225, which he claimed was due to following a bull elk to see where the antlers dropped. But the Chaffee Sheriff’s Dept. found that at the time of day when he left it was pitch dark, and elk shed their antlers long before May.
• Morphew then drove to Broomfield and made at least five stops that he said were stops to discard trash, but he didn’t tell law enforcement about the stops when questioned, part of a history of changing his story as time went on."

The article also gives a good summary of the difference between the relatively low burden to show probable cause and the different legal test to deny bail.

I specifically recall that Judge M was strongly influenced by IE's misleading DNA argument, with respect to the bail eligibility decision. I'll try to find that quote from an authorized source, too. Hope this helps!

 

[Seattle1]

Woman recalls meeting missing mom Suzanne Morphew at domestic violence support group: I saw 'fear' in her eyes

From the link:

"I met Suzanne in downtown Salida," Pamela Good told Grace. "There were some events happening. We were talking about what we do and about our kids. Right then, Barry rushed up to my left side…and right then, I saw her eyes change from our communication to fear. I was about to give her my card…because I felt like she needed me. I wanted her to be able to reach out to me."

Good's suspicions about Barry were confirmed when she met Suzanne at a local support group for victims of domestic violence, she said.
___________

IIRC, Good previously told reporters SM was a DV volunteer through her Salida Church.

Good is also the party that unsuccessfully petitioned the Court for a RO against BM's girlfriend, SD.

At the hearing, Good testified that SD was stalking/harassing her at her business and/or place of work, located at the Salon and Tanning center frequented by the Morphews.

At one time, SD was also Good's next-door neighbor but had already moved at the date of Good's petition. (The hearing was on WebEx so I can't provide a link). MOO

 

[waldojabba]

In my “opinion” there is plenty of evidence to show “who done it.” The amount of circumstantial evidence is this case is overwhelming IMO. I’m not alone in believing this. Just because Judge L destroyed the prosecution with his over zealous sanctioning does not negate the strength of this case.

I don’t know when, but they ARE coming for him. As far as IE is concerned, I have no respect for the tale she is spinning in the media concerning this case. I hope it comes back to bite her and the Bare in the azzzz!

BM is not a free man today because he is innocent. IMO his defense knows this as well as most of the public.
The prosecution simply got out manueuvered by evidently the best defense money can buy in Colorado. Iris flapped like a penquin with half truths the whole time and pappered the prosecution to death with motion after motion. A small town very green new DA and her office struggled to staff and keep up during COVID.
When Iris was not getting the results she wanted from Judge M she found a way to have him changed out. We ended up with Judge L who was enamored by the Defense and seemed to copy and paste even the defense's verbage, innacurate as it may have been, into his orders. When he gutted the case of the expert witnesses as sanctions for the late discovery, I was stunned. It was an over the top reaction to conduct not deemed willful. What was up with that?
Then he resigns from the bench a mere week later. A lot of culpability there IMO

The economic $$$ disparity between the resources this defendant had and what the prosecution had access to are staggering. Did you see the gaggle of intern types Iris had at the impromptu press conference standing behind her after the dismissal? A judge needs to weigh these things.

There is no question that the playing field needs to be evened out between those able to afford the high priced Kardashian type lawyers (hello Iris) and the regular people. But imo it is not because the local DA is railroading the regular people but because the milion dollar lawyers are getting the guilty off due to overwheming resources.

All JMO

 

[Auntie Cipation]

I just realized that in all the descriptions of the vehicles involved in this case: the expensive RRs, the fancy truck with all the telematics, the jackless trailer and Dearly Beloved Bobcat, an ATV full of antlers -- one thing I have not seen mentioned is a snowmobile. Wouldn't you think an outdoorsy outdoorsman who loves to hunt and explore the mountains, and who lives at elevation in the Rockies, would have a snowmobile?

Just a thought, not making any specific speculation, but pondering it could lead in a variety of directions.

 

[RANCH]

Thank you for documenting my points!

The hearing transcript that includes Judge M's remarks is on Plunder, which I am not permitted to link IIRC. But you can still see for yourself.

Again, Judge M was in no way reluctant to find probable cause. PE/PG is a separate question related to eligibility for a bond. It has its own separate standard of proof.

Mod Reminder - Plunder Court Transcript Episodes

The Transcripts from the Preliminary Hearing being shared by Plunder have been approved. This approval only applies to the Plunder episodes specific to the court transcripts. The transcripts shared across the episodes may not be copied and posted in entirety to WS as a single document or post replicating the documents that the content creator purchased.

/www.websleuths.com/forums/threads/co-suzanne-morphew-49-chaffee-co-10-may-2020-100-case-dismissed-w-o-prejudice.618686/#post-17528751

 

[FromGermany1]

From the link:

"I met Suzanne in downtown Salida," Pamela Good told Grace. "There were some events happening. We were talking about what we do and about our kids. Right then, Barry rushed up to my left side…and right then, I saw her eyes change from our communication to fear. I was about to give her my card…because I felt like she needed me. I wanted her to be able to reach out to me."

Good's suspicions about Barry were confirmed when she met Suzanne at a local support group for victims of domestic violence, she said.
___________

IIRC, Good previously told reporters SM was a DV volunteer through her Salida Church.

Good is also the party that unsuccessfully petitioned the Court for a RO against BM's girlfriend, SD.

At the hearing, Good testified that SD was stalking/harassing her at her business and/or place of work, located at the Salon and Tanning center frequented by the Morphews.

At one time, SD was also Good's next-door neighbor but had already moved at the date of Good's petition. (The hearing was on WebEx so I can't provide a link). MOO

Very interesting, to say the least! Thank you!

 

[Momofthreeboys]

Agreed! And, imho, probable cause is even greater now that the alleged CODIS “hits” have been relegated to the trash bin .

eta: I sincerely hope the next time they come to get him (whenever that may be) there will be no bond.

I don't agree with that statement that the codis findings have been relegated to the trash bin. We never did hear from any experts, we never did hear either side of the story really around the DNA we never did hear anything about any other dna other than what surfaced in the motions - and really very little in terms of rebuttal from prosecution. Some social media posters have decided the findings were useless is a more accurate statement in my opinion. Should the day come when some of the deficiencies in the case are rectified I anticipate there will be lively testimony and rebuttal about DNA in this case.

 

[Auntie Cipation]

I don't agree with that statement that the codis findings have been relegated to the trash bin. We never did hear from any experts, we never did hear either side of the story really around the DNA we never did hear anything about any other dna other than what surfaced in the motions - and really very little in terms of rebuttal from prosecution. Some social media posters have decided the findings were useless is a more accurate statement in my opinion. Should the day come when some of the deficiencies in the case are rectified I anticipate there will be lively testimony and rebuttal about DNA in this case.

This is one reason why I wish that LE had chased down the specifics of everyone known to have been in contact with the car and wherever else this DNA was found as well as with any individual with secondary contact with the above people.

If they have actually identified the criminal person/people from Arizona or wherever it was, LE could (while protecting individuals' privacy -- media does not need names) identify that, let's say, a Morphew daughter took a Starbucks cup -- thereby acquiring touch DNA which later got transferred to the glove box -- of the third cousin of this offender. Or the criminal is the nephew of the oil change employee. Or whatever those specifics might be. But in any case it would clear up that that DNA is irrelevant to what happened to Suzanne.

MOO

 

[FromGermany1]

So very sad. Women know and this woman knew. I am sure this isn't admissible in court and it's her opinion, but we understand so much by seeing body language, watching facial expressions and how people react to seeing someone like this. The fact she was going to a domestic violence group says a lot too.

bbm

And if someone says, SM led a (church) group for DV victims already in Indiana, then it doesn't mean, she wasn't herself a victim of DV. Afaik, often these women, who lead a group like that, are ex-victims (or victims) themselves. Maybe, Suzanne witewashed this task for BM and told him, her mother made these experiences with her father, therefore she would engage in the theme. Otherwise, I think, BM hadn't allowed her to lead a group like that, never ever. Because he thought, he was a faultless husband all the time, he may have approved her task for the church, being proud of his wife even. Suzanne on the other hand learned by the participants, how similar her own life as a spouse was and how humiliating it was in reality. Maybe, she realized, that sooner or later she would have to leave this marriage. - IMO MOO and speculation

 

[MassGuy]

I don't agree with that statement that the codis findings have been relegated to the trash bin. We never did hear from any experts, we never did hear either side of the story really around the DNA we never did hear anything about any other dna other than what surfaced in the motions - and really very little in terms of rebuttal from prosecution. Some social media posters have decided the findings were useless is a more accurate statement in my opinion. Should the day come when some of the deficiencies in the case are rectified I anticipate there will be lively testimony and rebuttal about DNA in this case.

Not so much "useless," as "complete garbage."

You have a degraded, partial mixed profile on a vehicle completely unrelated to any scenario. This DNA was found in one location, and nowhere else.

It was of such poor quality that it couldn't be automatically uploaded to CODIS, and required a keyboard search (manual).

Investigators were able to rule out any connection to those people/crimes in CODIS, and common sense says that the true contributor isn't even in CODIS to begin with.

The defense simply lucked out here, as it will be impossible to ever determine who the DNA belongs to, as it is so genetically limited in regards to data.

Fortunately, the only people this will fool are those unfamiliar with the case, or the extremely gullible.

 

[justtrish]

From the link:

"I met Suzanne in downtown Salida," Pamela Good told Grace. "There were some events happening. We were talking about what we do and about our kids. Right then, Barry rushed up to my left side…and right then, I saw her eyes change from our communication to fear. I was about to give her my card…because I felt like she needed me. I wanted her to be able to reach out to me."

Good's suspicions about Barry were confirmed when she met Suzanne at a local support group for victims of domestic violence, she said.
___________

IIRC, Good previously told reporters SM was a DV volunteer through her Salida Church.

Good is also the party that unsuccessfully petitioned the Court for a RO against BM's girlfriend, SD.

At the hearing, Good testified that SD was stalking/harassing her at her business and/or place of work, located at the Salon and Tanning center frequented by the Morphews.

At one time, SD was also Good's next-door neighbor but had already moved at the date of Good's petition. (The hearing was on WebEx so I can't provide a link). MOO

It's sad to me that some would say Good is making things up or just trying to target SD. I think a RO is hard to get and it doesn't mean that SD wasn't stalking or trying to intimidate Good. I'd say someone hanging out in from of my store starting at me or just seeing them daily popping up, even in public places would make me uneasy. I also think if SD is dating Barry and Good has some info for LE, then it's even more reason to believe that maybe SD was hanging out to intimidate Good or make her feel uncomfortable. Words don't even have to be said to make someone feel uncomfortable and knowing what we do about SD and Barry and what we know Good told LE (and who knows what else she might actually know, that Barry knows she knows and doesn't want said). I think Barry would stoop to any level to make people feel uncomfortable so they don't speak up. He did it to MG, no doubt he is doing it to his girls and now that Suzanne is gone and his charges were dismissed, I'm sure many people are now afraid of him and maybe even SD.

 

[justtrish]

This is one reason why I wish that LE had chased down the specifics of everyone known to have been in contact with the car and wherever else this DNA was found as well as with any individual with secondary contact with the above people.

If they have actually identified the criminal person/people from Arizona or wherever it was, LE could (while protecting individuals' privacy -- media does not need names) identify that, let's say, a Morphew daughter took a Starbucks cup -- thereby acquiring touch DNA which later got transferred to the glove box -- of the third cousin of this offender. Or the criminal is the nephew of the oil change employee. Or whatever those specifics might be. But in any case it would clear up that that DNA is irrelevant to what happened to Suzanne.

MOO

I believe they have done this. We didn't hear about it because there hasn't been testimony and the trial would have continued, we wouldn't have heard because the experts were not allowed to testify as experts. I think it would have benefited the defense if there was anything to the DNA and the expert could testify to that. I believe they knew there is absolutely nothing to the DNA so they put on a show to make it seem like there is while having the very expert who could shed light on it all struck from being able to testify. THAT benefits them if the DNA is nothing because they can continue to claim that it is something.

 

[justtrish]

I just realized that in all the descriptions of the vehicles involved in this case: the expensive RRs, the fancy truck with all the telematics, the jackless trailer and Dearly Beloved Bobcat, an ATV full of antlers -- one thing I have not seen mentioned is a snowmobile. Wouldn't you think an outdoorsy outdoorsman who loves to hunt and explore the mountains, and who lives at elevation in the Rockies, would have a snowmobile?

Just a thought, not making any specific speculation, but pondering it could lead in a variety of directions.

I wonder if he didn't have one personally, but had access to one maybe via the fire department or one of his buddies?

 

[Seattle1]

It's sad to me that some would say Good is making things up or just trying to target SD. I think a RO is hard to get and it doesn't mean that SD wasn't stalking or trying to intimidate Good. I'd say someone hanging out in from of my store starting at me or just seeing them daily popping up, even in public places would make me uneasy. I also think if SD is dating Barry and Good has some info for LE, then it's even more reason to believe that maybe SD was hanging out to intimidate Good or make her feel uncomfortable. Words don't even have to be said to make someone feel uncomfortable and knowing what we do about SD and Barry and what we know Good told LE (and who knows what else she might actually know, that Barry knows she knows and doesn't want said). I think Barry would stoop to any level to make people feel uncomfortable so they don't speak up. He did it to MG, no doubt he is doing it to his girls and now that Suzanne is gone and his charges were dismissed, I'm sure many people are now afraid of him and maybe even SD.

I've not heard anyone say that Good was making things up. In fact, just the opposite. I think now that the case has been dismissed, and if not under any order not to speak, she's probably able to be more direct about the level of involvement SM had with Good's support group. It wasn't clear to me from the Fox article if Good recently appeared on NG or when the latest statements attributed to Good were obtained.

Requesting a RO from the Court requires more than filing a request with the Court and paying the fee. The petitioner is next called upon to prove certain elements to the satisfaction of the court. I think Good failed to meet the burden for a couple of reasons including a witness failing to appear for the hearing, and Good not securing any supporting affidavits to present in court. As I stated after the hearing, I think Good would have benefited by hiring an attorney to seek a permanent RO against SD, and not that her claims were false.

This also reminds me of when the state announced that they wanted to continue with their second-degree criminal trespass case against Shoshona Louise Darke, but they did not believe they had a good chance to convict, according to Fox 21 News. Darke’s defense maintained that the Chaffee County Sheriff’s Office had been harassing her.

Classic abusers -- turn the table and blame the victim or others... MOO

Prosecutors Drop Trespassing Charge Against Woman Suspected of Having 'Intimate' Relationship with Barry Morphew

 

[mrjitty]

This is one reason why I wish that LE had chased down the specifics of everyone known to have been in contact with the car and wherever else this DNA was found as well as with any individual with secondary contact with the above people.

If they have actually identified the criminal person/people from Arizona or wherever it was, LE could (while protecting individuals' privacy -- media does not need names) identify that, let's say, a Morphew daughter took a Starbucks cup -- thereby acquiring touch DNA which later got transferred to the glove box -- of the third cousin of this offender. Or the criminal is the nephew of the oil change employee. Or whatever those specifics might be. But in any case it would clear up that that DNA is irrelevant to what happened to Suzanne.

MOO

IIRC the touch print is not a complete profile - so you can't identify anyone from it. You could exclude people I believe.

 

[Auntie Cipation]

IIRC the touch print is not a complete profile - so you can't identify anyone from it. You could exclude people I believe.

Understood. But if a relative of the offender was identified who lives in the Salida area and worked on the RR or had physical contact with one of the Morphews, it would be pretty clear that person was the probable source of the partial profile, rather than it being from someone who kidnapped Suzanne. MOO

 

[jakat]

In Germany we have a very fitting actor for BM's role, I think. He is just now to be seen in a crime serial (SOKO Köln), and his looks immediately electrified me.
View attachment 342433
55 yo/1,81 m
However, I would actually wish Pierre Besson a more sympathetic role.

Oooh yes! I watched a youtube video, course I couldn't understand a thing they were saying. The transcription didn't work, but that's okay. I watched anyway. He's good and he looks similar to Bury. A little makeup, veneers and frosted tips and he would definitely pass being Bury's twin almost. Poor guy!

 

[justtrish]

I've not heard anyone say that Good was making things up. In fact, just the opposite. I think now that the case has been dismissed, and if not under any order not to speak, she's probably able to be more direct about the level of involvement SM had with Good's support group. It wasn't clear to me from the Fox article if Good recently appeared on NG or when the latest statements attributed to Good were obtained.

Requesting a RO from the Court requires more than filing a request with the Court and paying the fee. The petitioner is next called upon to prove certain elements to the satisfaction of the court. I think Good failed to meet the burden for a couple of reasons including a witness failing to appear for the hearing, and Good not securing any supporting affidavits to present in court. As I stated after the hearing, I think Good would have benefited by hiring an attorney to seek a permanent RO against SD, and not that her claims were false.

I don't think those that believe Barry killed Suzanne believe Good is making it up, but those that support Barry use it as one more thing being done to incriminate Barry.

Do you recall who the witness was that didn't appear? That alone makes me wonder why that person didn't appear. We know Barry had SD go retrieve a package he ordered from his old house, so it's not a stretch to think SD was trying to intimidate Good for him.