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

[mrjitty]

Another quote from the same article: "The Judge reminded the court that he applied the lowest standard of proof in the U.S. Court system. “There is a reasonable belief that the defendant may have committed the crimes charged. I must draw all reasonable inferences in favor of the prosecution. The evidence to support a conviction of the crime is not necessary at this stage of the hearings.” He reminded the court that evidence that wouldn’t normally be allowed, may be allowed at a preliminary hearing such as the one that was concluding that day."

We often forget this sentence as well. And I am not talking about only the DNA evidence.

The Judge didn't make his decision based on inadmissible evidence - the Judge knows how to approach such evidence. This was no special benefit to the prosecution.

My general point is you can't take statements from bail hearings or prelims and apply them to the trial itself.

The key evidential question about DNA cannot be resolved in a prelim or bail context

 

[CGray123]

Murphy said a conviction was possible but not likely: "Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”

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

On Friday afternoon, Sept. 17, a series of decisions by District 11 Judge Patrick Murphy set the course of the murder trial for Barry Morphew, in the

arkvalleyvoice.com

This quote is misleading without the context.

Judge M said this immediately after stating that DNA of another person in SM's car was significant, in that it introduced a possibility that someone else killed SM. In a subsequent hearing, LE testified that the person whose DNA was in the car had been cleared, IIRC.

Who knows what Judge M would have said, if he knew the DNA was not viable evidence of a possible SODDI. L

 

[DeDee]

I'm only 9 pages behind but wanted to drop this idea in case anyone may have thoughts about it.

** FAIR WARNING: Sensitive topic **


In discussing the case with another, they mentioned the reason Barry's HIE room may have smelled of bleach was bc he was cleaning tools used in the murder. Specifically, bleach was used to clean the tools Barry carried into the lobby before departing Broomfield for the staged Crime Scene.



Source: https://www.dailymail.co.uk/news/article-10013431/Barry-Morphew-blamed-wifes-disappearance-man-bought-drugs-street.html

Further, it was entertained that Barry likely used the tranq drug while Suzanne was in the kitchen so he could clean any bodily fluids or other elimination that the sedation may have caused Suzanne's body to release. The reason the kitchen was suggested is bc the tile floors could be easily cleaned with bleach. I suppose the bathroom tile floors could have been easily cleaned with bleach, too, if the dart insertion happened in the master bathroom area. In attempting to explain the bleach odor in the PP home, these two scenarios would work if she were strangled with or without the tranq drug.

This person suggested a barrel was used for holding the body and transported to a prepared hole/grave. I suggested BM placed her inside a piece of luggage and used the luggage for transporting her body. Neither of these items would cause the earth to collapse or cave in and settle as if only a body were buried without a capsule of some type being used.

Samsonite hardside luggage is made of polycarbonate, sold in large pieces with a collapsible handle. Most have oversize wheels for easy mobility.

Sunday morning musings and speculations only
.

 

[scapa]

Not saying that…saying that it is much easier for jurors to convict in my opinion when there is direct forensic evidence for the “how” question and “where question”. I think means, motive,opportunity are great but the problem with circumstances is not getting challenged on the probabilities.

Don't disagree -- the Patrick Frazee case, for example, had the "where" absolutely pinned down and the "how" very nearly so -- but in this instance the "who" and "why" seem to be powerfully supported by the available evidence, and the "where" seems overwhelmingly likely given the various data provided by GPS and other data analysis, from BM and SM.

I'm pretty confidant that had all that evidence been admitted at trial that the "who" and "why" evidence would have trumped the potentially relatively less certain "how" and "where." Some cases and some prosecutions are of course solid across those four cardinals, but that can't be the default expectation or no-body and/or successful cleanups would be effectively immune from sanction.

I think we generally agree here that a successful prosecution in this case always required a highly-organized and fluent prosecutorial presentation. It didn't get it, partly due to a combination of aggressive defence tactics, the state's dropping some important balls and several awkward judicial decisions. But I also think it's hard to extrapolate a jury's willingness to convict based on what happened towards the dismissal. Had I been a juror faced with the trial version of the evidence presented by an expert prosecution and the defence as we have witnessed it (largely procedural, persistent denials without convincing alternate explanations) I would have been strongly minded to convict. Even without an unassailable "who" or "where" explanation.

 

[Momofthreeboys]

Don't disagree -- the Patrick Frazee case, for example, had the "where" absolutely pinned down and the "how" very nearly so -- but in this instance the "who" and "why" seem to be powerfully supported by the available evidence, and the "where" seems overwhelmingly likely given the various data provided by GPS and other data analysis, from BM and SM.

I'm pretty confidant that had all that evidence been admitted at trial that the "who" and "why" evidence would have trumped the potentially relatively less certain "how" and "where." Some cases and some prosecutions are of course solid across those four cardinals, but that can't be the default expectation or no-body and/or successful cleanups would be effectively immune from sanction.

I think we generally agree here that a successful prosecution in this case always required a highly-organized and fluent prosecutorial presentation. It didn't get it, partly due to a combination of aggressive defence tactics, the state's dropping some important balls and several awkward judicial decisions. But I also think it's hard to extrapolate a jury's willingness to convict based on what happened towards the dismissal. Had I been a juror faced with the trial version of the evidence presented by an expert prosecution and the defence as we have witnessed it (largely procedural, persistent denials without convincing alternate explanations) I would have been strongly minded to convict. Even without an unassailable "who" or "where" explanation.

And this is why cross examination is so integral to trials and why through deliberation juries get it right far more often than they get it wrong in my opinion and why it was disappointing to an on-looker like me that it never got to trial.

 

[rainbowshummingbird]

Skeletal remains found in Clear Creek County

Officers discovered remains in Clear Creek County on Saturday.

kdvr.com

Probably not related, but skeletal remains were recovered in Clear Creek County. It’s about one hour’s drive west of Broomfield.

 

[Momofthreeboys]

Skeletal remains found in Clear Creek County

Officers discovered remains in Clear Creek County on Saturday.

kdvr.com

Probably not related, but skeletal remains were recovered in Clear Creek County. It’s about one hour’s drive west of Broomfield.

There was a missing woman from that area but searches were halted when snow fell last year. Sadly it is most likely her.

 

[osu]

Skeletal remains found in Clear Creek County

Officers discovered remains in Clear Creek County on Saturday.

kdvr.com

Probably not related, but skeletal remains were recovered in Clear Creek County. It’s about one hour’s drive west of Broomfield.

It looks like Miners Candle area is located in Clear Creek County near Idaho Springs and I-70. This area would be on the way from Maysville to Broomfield.

According to Google Maps, Miners Candle is 2 hours and 48 minutes NE of Maysville.

 

[MassGuy]

It looks like Miners Candle area is located in Clear Creek County near Idaho Springs and I-70. This area would be on the way from Maysville to Broomfield.

According to Google Maps, Miners Candle is 2 hours and 48 minutes NE of Maysville.

The issue is he arrived in Broomfield when he should have, which wouldn't have allowed for it. If he did it within that suspected 5 hour window the previous evening, that also doesn't work.

He planted the helmet in the opposite direction from the route to Broomfield, so it also makes no sense to then take the body towards your alibi.

Plus, he'd have to transport a body during the daytime, which is even more risky than the alternative, which evidence supports.

 

[alexwood]

She'll never be found. She was buried in a location that is known only to her murderer. (Sad to say -- IMO)

 

[Momofthreeboys]

It looks like Miners Candle area is located in Clear Creek County near Idaho Springs and I-70. This area would be on the way from Maysville to Broomfield.

According to Google Maps, Miners Candle is 2 hours and 48 minutes NE of Maysville.

As I mentioned abit ago most likely this woman’s remains were found. Law enforcement locates car of woman stuck in snow in Clear Creek County, but not her

 

[justtrish]

As I mentioned abit ago most likely this woman’s remains were found. Law enforcement locates car of woman stuck in snow in Clear Creek County, but not her

I just question if a woman that went missing then would be skeletal by now with snow being on the ground for the entire time. I'd think that would preserve the remains to not be skeletal even 4 months later, but maybe that would be. I hope this will provide closure for someone's family.

 

[steeltowngirl]

Skeletal remains found in Clear Creek County

Officers discovered remains in Clear Creek County on Saturday.

kdvr.com

Probably not related, but skeletal remains were recovered in Clear Creek County. It’s about one hour’s drive west of Broomfield.

Who else was being searched for?
(ETA- Answered above)

The remains were found Saturday.

Alpine Rescue representatives told CBS4 on Saturday that the recovery is a follow-up to a previous search conducted back in February. Now that the snow has melted, crews brought in cadaver dogs. Those dogs discovered remains.

An identity of the remains will be made available by the Clear Creek County Coroner’s Office at a later date.as
The remains were found Saturday.

Remains Found In Clear Creek County Near Miner's Candle

Crews recovered human remains Saturday near Miner's Candle in Clear Creek County.

denver.cbslocal.com

 

[steeltowngirl]

The issue is he arrived in Broomfield when he should have, which wouldn't have allowed for it. If he did it within that suspected 5 hour window the previous evening, that also doesn't work.

He planted the helmet in the opposite direction from the route to Broomfield, so it also makes no sense to then take the body towards your alibi.

Plus, he'd have to transport a body during the daytime, which is even more risky than the alternative, which evidence supports.

Have we completely ruled out the possibility that he had an accomplice that was willing to bury a body?

 

[MassGuy]

Have we completely ruled out the possibility that he had an accomplice that was willing to bury a body?

I'm not a fan, unless there's some evidence he borrowed a vehicle. This was something he could do on his own, and if someone helped him then I'm sure he would have distanced himself by doing things that showed he was home all night (used his phone or something),

Instead we have his phone coming out of airplane mode, and being able to be tracked for that 5 hour period.

Then his phone screen comes on, and his phone starts moving when he arrives home (blowing up his sleeping alibi).

This was just too sloppy for someone to have done it for him, and I can't imagine law enforcement wouldn't be able to connect a third party if they helped.

 

[Boxer]

The issue is he arrived in Broomfield when he should have, which wouldn't have allowed for it. If he did it within that suspected 5 hour window the previous evening, that also doesn't work.

He planted the helmet in the opposite direction from the route to Broomfield, so it also makes no sense to then take the body towards your alibi.

Plus, he'd have to transport a body during the daytime, which is even more risky than the alternative, which evidence supports.

99% it is the unfortunate woman stuck in the snow, still, for speculation, the detour off I 70 to Miners Candle adds 36 minutes to the drive from Maysville to Broomfield, making it 3:36 3:36 instead of 3 hours.

 

[mrjitty]

She'll never be found. She was buried in a location that is known only to her murderer. (Sad to say -- IMO)

Bodies have a funny way of turning up, even years later.

 

[steeltowngirl]

Bodies have a funny way of turning up, even years later.

Especially in the snowy Colorado mountains. Beverly England’s bones were discovered 12 years after she went missing on Mt Shavano. it took another 26 years to identify them. A suspect was identified, yet still no arrest.

Colorado Cold Cases: 39 years ago today Beverly England vanished and authorities are still piecing together how she died

Beverly England vanished on the morning of June 12, 1980, the same day she was supposed to meet her lover’s wife in Salida’s Riverside Park.

www.denverpost.com

Suspect found in Beverly England case

A suspect has been found in the 35-year-old missing-person case of Beverly England, which became a homicide after bones found by a hiker near Mount Shavano in 1992 turned out

www.themountainmail.com

Salida homicide cold case heating up with new information

SALIDA — A 36-year-old cold case is heating up, leading local law enforcement officials to continue their investigation despite a district attorney’s decision not to file charges. “Over the past several days the Chaffee County...

www.vaildaily.com

 

[Scootie98]

Most evidence is circumstantial.

Circumstantial is evidence that is open to reasonable interpretation by a reasonable person reviewing it (i.e. even autopsy results are circumstantial because they are open to interpretation, whether by the medical examiner, LE, or the public).

Direct evidence speaks for itself .. it does not require interpretation (i.e. eye witness accounts, surveillance video of the murder).

HTH

all evidence is subject to interpretation....Eye witness accounts vary, and surveillance video without audio can lack context. jmo.

 

[Murphy1950]

all evidence is subject to interpretation....Eye witness accounts vary, and surveillance video without audio can lack context. jmo.

I agree...food for thought,

25 years ago, it’s probably same now, when training as a bank teller we learned after a robbery you can’t/don’t talk to anyone until debriefed by L/E. Sure enough all four tellers’ had a different story. The only agreement was the ski mask.

So much for eye witnesses' (obviously not in all cases but some) The FBI knew who they were immediately from their MO (circumstantial) but they never were arrested for our robbery, as no one could/would swear to their identity, due to the mask.