Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #102

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Yes, should clarify that the reference was to the tranquilizer gun which forensics showed had not been fired recently.
RSBM RBBM

All the more reason for Barry to explain it, my gun didn't work, just once. Whereas he continued to own it over and over.

Barry said,...." I told you that what I do is I will open that back door and I tranq a deer in the backyard that's sittin' there eatin' my grass. And if there's any tranq dart anywhere it's from one of those (UI)."

SA Grusing asked about the back door and Barry said, "The back door is outside the kitchen window where the bird, uh, bath is. Yeah, yeah, ifthere was a tranq dart out there or outside or in the house it's from me shootin' deer."

SA Grusing asked Barry how he knew the chipmunk was outside to chase it that day, and he said, "Oh, they're always out there. That's just what I do. I mean, I've shot 85 chipmunks at my house. And when I'm bored, I shoot chipmunks."

SA Grusing showed Barry a photo of a .22 round in his bedroom, asking Barry if he knew where it was from. He said, "Hmmph, no, I don't." He guessed it came from his pocket when Suzanne was folding laundry. (AA page 100)

I asked him if he used a .22 caliber. At that point I had known — and I had not disclosed to Mr. Morphew yet that we found a tranquilizer dart cap in the dryer and I knew from Chaffee county that a .22 cartridge would fire. So when he was talking about running around the outside of the house I asked him if it was a .22 that he used and he said yes, it was.

And then we have M1 shooting a turkey, if that is true, most like a 22.

So BARRY owned it over and over.
I find it harder to believe he “imagined” himself tranquilizing deer or just walking around with 22’s in his pocket but doesn’t’ own a working gun for shooting 22's. Shooting chipmunks never happened, just his imagination. Begs the question. Did he toss the working one during one of his 5 trash runs????
 
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This is what annoys me most about the DV ruling.

DV is not predictive of murder, because murder is a rare event

However given a murder, you are dealing with a completely different data set. The Judge seemed to overlook that - as so often happens.
It was never a charge...only a sentence enhancer that would be added to a potential sentence of murder if found guilty. I think LE did look into what was going on at least enough to know that both Barry and Suzanne went after each other physically and that Suzanne complained about abuse. That is all in statements contained in the AA. So if prosecution can weave it into a future case the groundwork has been laid for a request for a sentence enhancer. For me sentence enhancers on a life sentence without parole are somewhat of a shoulder shrug but might have consequence if at some point in the future they go for manslaughter or some other charge.
 
Yes, should clarify that the reference was to the tranquilizer gun which forensics showed had not been fired recently. I think the issue of whether you can fire a tranquilizer dart from a .22 is still an open issue, with anecdotal reports that it can and cannot be used. I don't know that we would know if there is another trial someday what the basis will be for that proceeding. But that prosecution team will have the knowledge gained from the dismissed trial to work with.
I am not sure why I got into the weeds with this one lol - someone has prob beat me to an explantion but at any rate

We all seem to be getting confused between the tranq gun and the chipmunk gun ( I believe they are both .22 )

In the AA p76 of 129, Barry hands over his altered.22 rifle with a newly mounted scope aka the chipmnk gun/Grusing says to Barry that this gun did not appear to have been fired for a long time

I believe that they did not find an operable tranq gun at his house in his "well organized" collection. They did however find one that did not work. I think that is where the statement came in about that the Duck tape (brand name)/duct tape, could have been used to make that existing inoperable tranq gun operable

Grusing said, per Lauren's tweet, the dart could have been fired from a regular .22 and if I IIRC there was another
Denver lawyer brought in for minute for the Prosecution (Werner/Weiner?) who said a regular .22 could not shoot the darts. IF there is a way to do it BM would certainly be the guy to figure it out - hunting and guns thats all he has done his whole life.

BUT IMO, All we need to know, is that Barry puts an operable Tranq gun in his hands at the end of April just a few weeks before she is murdered. That's where he waxes poetic about shooting those two deer for their horns to explain why there could have been a dart cap/sheath in the dryer. Many people have speculated on these threads that the operable Tranq gun ended up being dumped in Broomfield during his Five Bin trash odessey. I think that is highly likely.

BM also admits to bringing the tranquilzing chemicals to Colo from Indiana (AA p 119 of 129) Also Barry admits to disposing of the tranquilizers (AA p 111 of 129).

Barry used to raise deer (p109 AA) Acc to BM he has shot hundreds and never misses. It would stand to reason he would have more than one tranq gun.

As an aside re the chipmunks. I have two holes about and inch wide that just appeared in my front shrub beds, I took a pic and went to the local hardware store. He said chipmunk holes. If I wanted to get rid of the chipmunks he said very easy. FIve gallon bucket - fill it up with water and put seeds on the top. Chipmunks will go after the seeds and drown.
I wonder why BM did not go for that easy solution?

BTW I won't be drowning any chipmunks :)
 
I am not sure why I got into the weeds with this one lol - someone has prob beat me to an explantion but at any rate

We all seem to be getting confused between the tranq gun and the chipmunk gun ( I believe they are both .22 )

In the AA p76 of 129, Barry hands over his altered.22 rifle with a newly mounted scope aka the chipmnk gun/Grusing says to Barry that this gun did not appear to have been fired for a long time

I believe that they did not find an operable tranq gun at his house in his "well organized" collection. They did however find one that did not work. I think that is where the statement came in about that the Duck tape (brand name)/duct tape, could have been used to make that existing inoperable tranq gun operable

Grusing said, per Lauren's tweet, the dart could have been fired from a regular .22 and if I IIRC there was another
Denver lawyer brought in for minute for the Prosecution (Werner/Weiner?) who said a regular .22 could not shoot the darts. IF there is a way to do it BM would certainly be the guy to figure it out - hunting and guns thats all he has done his whole life.

BUT IMO, All we need to know, is that Barry puts an operable Tranq gun in his hands at the end of April just a few weeks before she is murdered. That's where he waxes poetic about shooting those two deer for their horns to explain why there could have been a dart cap/sheath in the dryer. Many people have speculated on these threads that the operable Tranq gun ended up being dumped in Broomfield during his Five Bin trash odessey. I think that is highly likely.

BM also admits to bringing the tranquilzing chemicals to Colo from Indiana (AA p 119 of 129) Also Barry admits to disposing of the tranquilizers (AA p 111 of 129).

Barry used to raise deer (p109 AA) Acc to BM he has shot hundreds and never misses. It would stand to reason he would have more than one tranq gun.

As an aside re the chipmunks. I have two holes about and inch wide that just appeared in my front shrub beds, I took a pic and went to the local hardware store. He said chipmunk holes. If I wanted to get rid of the chipmunks he said very easy. FIve gallon bucket - fill it up with water and put seeds on the top. Chipmunks will go after the seeds and drown.
I wonder why BM did not go for that easy solution?

BTW I won't be drowning any chipmunks :)
My husband just uses a pellet gun. I don't like guns of any size or shape, but I gave up years ago on non gun methods for nuisance critters. I'm on a rampage because my car was outside for a couple days and I opened the hood and something had eaten a big chunk out of the engine hood liner of my new car grrrrr. It's bad enough that every fall our furnace guy has to come and dig out the dead critters before we can get the furnace going. It's part of what happens if you build a house in their nature and territory I guess. They retaliate and eat stuff that is important to humans and they are destructive.
 
There are many air powered dart guns like this on the market, and I believe the specifically described, inoperable (w/o tape) dart gun found at PP was one of these. I think the investigators theorized early on that a working air powered dart gun was among the articles BM disposed of in Broomfield.

But @Momofthreeboys is right: no one has shown a regular .22 rifle that could shoot a tranq dart using blank ammunition. IIRC, the .22 short barrel gun BM gave Grusing was not in operating condition. So, one way or another, I am still looking for the operable .22 that either BM or SM could have been loading in the PP master bedroom.

I don't recall any other .22 rifle or handgun described as recovered in the AA, although BM admitted he used one regularly to shoot chipmunks as @Seattle1 reminded us. Are the warrants and related evidence recovered on a website somewhere?
I'm pretty sure, the .22 rifle that BM handed over to investigators was the 'chipmunk gun' and was operable. It was also the gun that earned him the illegal weapons charge. Initially, it seems like LE thought it was also capable of shooting the tranquilizer dart, but later testing confirmed it could not (barrel too small?). This came out when the defense moved to sever the weapons charge from the murder case.
 
A little off topic:

Is anyone else watching "The Staircase," with Toni Colette and Colin Firth? (HBO)

While watching, I couldn't help but wonder if there are similar situations going on within the Morphew family, (daughters, mom, sisters, friends, etc.) pertaining to Michael Peterson's ability to gaslight and manipulate his entire family + friends after Kathleen died.

It's got me feeling a little sorry for all of those standing firmly behind BM.

It's a really good watch, if you aren't already watching. Highly recommend.
 
It was never a charge...only a sentence enhancer that would be added to a potential sentence of murder if found guilty. I think LE did look into what was going on at least enough to know that both Barry and Suzanne went after each other physically and that Suzanne complained about abuse. That is all in statements contained in the AA. So if prosecution can weave it into a future case the groundwork has been laid for a request for a sentence enhancer. For me sentence enhancers on a life sentence without parole are somewhat of a shoulder shrug but might have consequence if at some point in the future they go for manslaughter or some other charge.

I mean the DV evidence should have been admissible on the murder charge.
 
I am not sure why I got into the weeds with this one lol - someone has prob beat me to an explantion but at any rate

We all seem to be getting confused between the tranq gun and the chipmunk gun ( I believe they are both .22 )

In the AA p76 of 129, Barry hands over his altered.22 rifle with a newly mounted scope aka the chipmnk gun/Grusing says to Barry that this gun did not appear to have been fired for a long time

I believe that they did not find an operable tranq gun at his house in his "well organized" collection. They did however find one that did not work. I think that is where the statement came in about that the Duck tape (brand name)/duct tape, could have been used to make that existing inoperable tranq gun operable

Grusing said, per Lauren's tweet, the dart could have been fired from a regular .22 and if I IIRC there was another
Denver lawyer brought in for minute for the Prosecution (Werner/Weiner?) who said a regular .22 could not shoot the darts. IF there is a way to do it BM would certainly be the guy to figure it out - hunting and guns thats all he has done his whole life.

BUT IMO, All we need to know, is that Barry puts an operable Tranq gun in his hands at the end of April just a few weeks before she is murdered. That's where he waxes poetic about shooting those two deer for their horns to explain why there could have been a dart cap/sheath in the dryer. Many people have speculated on these threads that the operable Tranq gun ended up being dumped in Broomfield during his Five Bin trash odessey. I think that is highly likely.

BM also admits to bringing the tranquilzing chemicals to Colo from Indiana (AA p 119 of 129) Also Barry admits to disposing of the tranquilizers (AA p 111 of 129).

Barry used to raise deer (p109 AA) Acc to BM he has shot hundreds and never misses. It would stand to reason he would have more than one tranq gun.

As an aside re the chipmunks. I have two holes about and inch wide that just appeared in my front shrub beds, I took a pic and went to the local hardware store. He said chipmunk holes. If I wanted to get rid of the chipmunks he said very easy. FIve gallon bucket - fill it up with water and put seeds on the top. Chipmunks will go after the seeds and drown.
I wonder why BM did not go for that easy solution?

BTW I won't be drowning any chipmunks :)

I agree.


He binned the gun, the tranq chemical and the empty dart
 
A little off topic:

Is anyone else watching "The Staircase," with Toni Colette and Colin Firth? (HBO)

While watching, I couldn't help but wonder if there are similar situations going on within the Morphew family, (daughters, mom, sisters, friends, etc.) pertaining to Michael Peterson's ability to gaslight and manipulate his entire family + friends after Kathleen died.

It's got me feeling a little sorry for all of those standing firmly behind BM.

It's a really good watch, if you aren't already watching. Highly recommend.
I agree!

I recently watched the last available episode (#6?) where it hit me like a ton of bricks how in addition to his family and neighbors, MP even did this with his attorney! Duh... of course, he would and did!

No doubt I can also see the same with BM and his defense. The characteristics are all there.

I too feel sorry for BM's victims and remind myself that it took SM to almost age 50 to learn these character traits are both abnormal and psychologically damaging-- no matter how many times and ways BM tried to convince her otherwise. MOO
 
RSBM RBBM

All the more reason for Barry to explain it, my gun didn't work, just once. Whereas he continued to own it over and over.

Barry said,...." I told you that what I do is I will open that back door and I tranq a deer in the backyard that's sittin' there eatin' my grass. And if there's any tranq dart anywhere it's from one of those (UI)."

SA Grusing asked about the back door and Barry said, "The back door is outside the kitchen window where the bird, uh, bath is. Yeah, yeah, ifthere was a tranq dart out there or outside or in the house it's from me shootin' deer."

SA Grusing asked Barry how he knew the chipmunk was outside to chase it that day, and he said, "Oh, they're always out there. That's just what I do. I mean, I've shot 85 chipmunks at my house. And when I'm bored, I shoot chipmunks."

SA Grusing showed Barry a photo of a .22 round in his bedroom, asking Barry if he knew where it was from. He said, "Hmmph, no, I don't." He guessed it came from his pocket when Suzanne was folding laundry. (AA page 100)

I asked him if he used a .22 caliber. At that point I had known — and I had not disclosed to Mr. Morphew yet that we found a tranquilizer dart cap in the dryer and I knew from Chaffee county that a .22 cartridge would fire. So when he was talking about running around the outside of the house I asked him if it was a .22 that he used and he said yes, it was.

And then we have M1 shooting a turkey, if that is true, most like a 22.

So BARRY owned it over and over.
I find it harder to believe he “imagined” himself tranquilizing deer or just walking around with 22’s in his pocket but doesn’t’ own a working gun for shooting 22's. Shooting chipmunks never happened, just his imagination. Begs the question. Did he toss the working one during one of his 5 trash runs????

While you certainly can shoot a turkey with a .22 that really is not an ideal round for turkey shooting. Most people use shotguns or arrows. I've hunted turkey before and you need something with a pretty powerful punch to take one down. Most likely a 12 gauge shotgun. I'm not saying it doesn't happen with a .22 but Sister Morphew would have to be one hell of a shot to kill a turkey with a .22. You'd have to have a spot on head shot to do that and wild turkey's are one of the hardest animals to hunt believe it or not. Not saying that it's not possible, just not likely a .22 was used for that.

I don't think there was any turkey by the way. I think bM went to the woods back there to spy on Susan, prepare for the murder or take trail cams down so he wouldn't be caught.
 
While you certainly can shoot a turkey with a .22 that really is not an ideal round for turkey shooting. Most people use shotguns or arrows. I've hunted turkey before and you need something with a pretty powerful punch to take one down. Most likely a 12 gauge shotgun. I'm not saying it doesn't happen with a .22 but Sister Morphew would have to be one hell of a shot to kill a turkey with a .22. You'd have to have a spot on head shot to do that and wild turkey's are one of the hardest animals to hunt believe it or not. Not saying that it's not possible, just not likely a .22 was used for that.

I don't think there was any turkey by the way. I think bM went to the woods back there to spy on Susan, prepare for the murder or take trail cams down so he wouldn't be caught.
I'll take your expertise 100% and thank you! Just some misreading as far as the turkey shooting here. Admittedly, my hunting experience is limited to good wine at a fair price. Also agree about the "spying." He did indeed take trail cameras down. Why would he put trail cams away in his safe? Unless a deer had used reverse engineering and was now spying on him (which i seriously doubt) It would be more believable if they were included in a trash run because he said they didn't work...but no, can't do that, because they still worked, we are actually witnessing more of Frugal Barry IMO. And for what possible reason would you decide to take down your working cameras and store them ???
 
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A little off topic:

Is anyone else watching "The Staircase," with Toni Colette and Colin Firth? (HBO)

While watching, I couldn't help but wonder if there are similar situations going on within the Morphew family, (daughters, mom, sisters, friends, etc.) pertaining to Michael Peterson's ability to gaslight and manipulate his entire family + friends after Kathleen died.

It's got me feeling a little sorry for all of those standing firmly behind BM.

It's a really good watch, if you aren't already watching. Highly recommend.
I watched the original Netflix series by the same title and had the same thoughts regarding the Morphew family support. The girls he had raised as his own stood staunchly behind his innocence.
 
RSBM RBBM

All the more reason for Barry to explain it, my gun didn't work, just once. Whereas he continued to own it over and over.

Barry said,...." I told you that what I do is I will open that back door and I tranq a deer in the backyard that's sittin' there eatin' my grass. And if there's any tranq dart anywhere it's from one of those (UI)."

SA Grusing asked about the back door and Barry said, "The back door is outside the kitchen window where the bird, uh, bath is. Yeah, yeah, ifthere was a tranq dart out there or outside or in the house it's from me shootin' deer."

SA Grusing asked Barry how he knew the chipmunk was outside to chase it that day, and he said, "Oh, they're always out there. That's just what I do. I mean, I've shot 85 chipmunks at my house. And when I'm bored, I shoot chipmunks."

SA Grusing showed Barry a photo of a .22 round in his bedroom, asking Barry if he knew where it was from. He said, "Hmmph, no, I don't." He guessed it came from his pocket when Suzanne was folding laundry. (AA page 100)

I asked him if he used a .22 caliber. At that point I had known — and I had not disclosed to Mr. Morphew yet that we found a tranquilizer dart cap in the dryer and I knew from Chaffee county that a .22 cartridge would fire. So when he was talking about running around the outside of the house I asked him if it was a .22 that he used and he said yes, it was.

And then we have M1 shooting a turkey, if that is true, most like a 22.

So BARRY owned it over and over.
I find it harder to believe he “imagined” himself tranquilizing deer or just walking around with 22’s in his pocket but doesn’t’ own a working gun for shooting 22's. Shooting chipmunks never happened, just his imagination. Begs the question. Did he toss the working one during one of his 5 trash runs????
Did BM give the original gun to someone for money? Did he exchange the original gun for an unused (longer time not used) gun? Did he meet someone for getting rid of the original gun? Is there somewhere an unknown witness to this meeting?
 
I watched the original Netflix series by the same title and had the same thoughts regarding the Morphew family support. The girls he had raised as his own stood staunchly behind his innocence.
Whether one believes Michael Peterson is guilty or innocent, he also did the same thing Barry did. He manipulated his kids, and rallied their support behind him.

He knew he needed them, just like Barry knew he needed his daughters. During one of Lauren's lives, she recounted a stunning story in which Barry had his youngest daughter run interference, even concocting a scene in which Lauren would come off as the bad guy, and he the victim.

The more upset his daughter was, the more in suited his interests.

But yeah, even without the string pulling, it's incredibly common for the children of the surviving spouse to support them.

I've seen it in too many cases to count.
 
Whether one believes Michael Peterson is guilty or innocent, he also did the same thing Barry did. He manipulated his kids, and rallied their support behind him.

He knew he needed them, just like Barry knew he needed his daughters. During one of Lauren's lives, she recounted a stunning story in which Barry had his youngest daughter run interference, even concocting a scene in which Lauren would come off as the bad guy, and he the victim.

The more upset his daughter was, the more in suited his interests.

But yeah, even without the string pulling, it's incredibly common for the children of the surviving spouse to support them.

I've seen it in too many cases to count.
Yes, I remember that. Barry sent his daughter out so that he wouldn’t have to speak to Lauren. Barry has probably manipulated them for years and they don’t even realize it. And he will continue to do so.
 
It was never a charge...only a sentence enhancer that would be added to a potential sentence of murder if found guilty. I think LE did look into what was going on at least enough to know that both Barry and Suzanne went after each other physically and that Suzanne complained about abuse. That is all in statements contained in the AA. So if prosecution can weave it into a future case the groundwork has been laid for a request for a sentence enhancer. For me sentence enhancers on a life sentence without parole are somewhat of a shoulder shrug but might have consequence if at some point in the future they go for manslaughter or some other charge.
This isn't merely about a sentence enhancer; it's another piece of evidence pointing to Barry's guilt.

That's why the prosecution wanted it included, as abuse frequently leads to murder.

Barry was selling this perfect marriage, and it collapsed under a mere cursory glance. The psychological abuse was a control mechanism for Barry, and it worked like a charm.

Until of course it didn't, and he realized that he had finally lost all control.
 
Justice is coming hard for BM. He isnt a free man for long, and I hope he sweats and worries himself sick every minute of every day until they slap the cuffs on him again.
BM's ulcers must surely be growing, about to burst.
Living in this high state of anxiety, watching his bed of monies dwindling, must be keeping him awake, nightmares etc.....let this continue.
 
This isn't merely about a sentence enhancer; it's another piece of evidence pointing to Barry's guilt.

That's why the prosecution wanted it included, as abuse frequently leads to murder.

Barry was selling this perfect marriage, and it collapsed under a mere cursory glance. The psychological abuse was a control mechanism for Barry, and it worked like a charm.

Until of course it didn't, and he realized that he had finally lost all control.

What is most annoying is the defence is explicitly playing the loving family man card for the cameras, and no doubt with handholding in Court for the jury, while not taking the stand no doubt - yet when it comes to the actual evidence that he was really a violent and/or abusive husband, the Court suppresses the evidence!

There is increasing awareness that when you look at murderous men, and especially in domestic context, you will find DV/DA there - it's a big red flag.

Sadly the Judge in this case seems to think there is some 'normal' level of DV that proves nothing, but risks the jury seeing the accused in a bad light. Kafka.

<sigh>
 
What is most annoying is the defence is explicitly playing the loving family man card for the cameras, and no doubt with handholding in Court for the jury, while not taking the stand no doubt - yet when it comes to the actual evidence that he was really a violent and/or abusive husband, the Court suppresses the evidence!

There is increasing awareness that when you look at murderous men, and especially in domestic context, you will find DV/DA there - it's a big red flag.

Sadly the Judge in this case seems to think there is some 'normal' level of DV that proves nothing, but risks the jury seeing the accused in a bad light. Kafka.

<sigh>
Hard to say if it would have made any difference or even survived motions. There are two sides to every trial and we only are privvy to one side. If they have the evidence and it can withstand cross or defense witnesses it might be used in another trial. I'm not too big on generalizations as lives can be pretty complicated when you scratch the surface.
 
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