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

[Seattle1]

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

Wow -- that's got to be a real kick in the gut for BE's family to be told she wasn't worth the cost of the DA's office! Why not let the GJ make the decision if there's sufficient evidence or not.

From the link:

However, the 11th Judicial District Attorney-elect Molly Chilson said earlier this month that she has opted not to seek a grand jury or file charges in the case due to a lack of evidence and the cost.

 

[mrjitty]

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

Where a witness identifies the killer, the jury or judge still has the role as fact finder to weigh up the reliability and veracity of witness evidence but no inference is required. You believe the witness as to the identity or not.

With DNA evidence for example, the jury/judge is asked to infer identity - i.e because the DNA was found at the crime scene, the accused was there and therefore must be the killer.

To me the distinction is mostly that the process of inference is often far more reliable than direct witness evidence

 

[mrjitty]

Well I guess this case is on the slow burn until there are any new developments

Thanks to everyone for all the great info and discussions!

 

[steeltowngirl]

Wow -- that's got to be a real kick in the gut for BE's family to be told she wasn't worth the cost of the DA's office! Why not let the GJ make the decision if there's sufficient evidence or not.

From the link:

However, the 11th Judicial District Attorney-elect Molly Chilson said earlier this month that she has opted not to seek a grand jury or file charges in the case due to a lack of evidence and the cost.

Yes. I don’t want to sidetrack this thread, but its notable that there has been disagreement between the Chaffee County Sheriff’s office and the DA’s office about bringing a case to trial - prior to the Morphew case. And budget was named as a factor.

“We know the person that did this,” Chaffee County Sheriff John Spezze said.

He reopened the case last year with help from Salida police chief Terry Clark.

“I think we have a good case,” Clark said.

Both law enforcement agents thought they had an agreement with 11th Judicial District Attorney Molly Chilson to convene a grand jury.
…….
Investigators could arrest a suspect without a grand jury, but they would have to get the district attorney to sign the arrest warrant.

The big advantage to a grand jury is it can compel witnesses to testify who all these years later still haven’t spoken to investigators and that could yield new evidence for prosecutors.

But Chilson believes there’s no longer any useful information to be gained by convening a grand jury.

“I honestly believe this is not a provable case,” she said.

Chaffee County district attorney won’t convene grand jury for 1980 homicide

SALIDA, Colo. — The Chaffee County sheriff and Salida police chief are publicly criticizing the district attorney for the 11th Judicial District for closing a homicide case they feel could st…

kdvr.com

 

[FromGermany1]

Yes. I don’t want to sidetrack this thread, but its notable that there has been disagreement between the Chaffee County Sheriff’s office and the DA’s office about bringing a case to trial - prior to the Morphew case. And budget was named as a factor.

“We know the person that did this,” Chaffee County Sheriff John Spezze said.

He reopened the case last year with help from Salida police chief Terry Clark.

“I think we have a good case,” Clark said.

Both law enforcement agents thought they had an agreement with 11th Judicial District Attorney Molly Chilson to convene a grand jury.
…….
Investigators could arrest a suspect without a grand jury, but they would have to get the district attorney to sign the arrest warrant.

The big advantage to a grand jury is it can compel witnesses to testify who all these years later still haven’t spoken to investigators and that could yield new evidence for prosecutors.

But Chilson believes there’s no longer any useful information to be gained by convening a grand jury.

“I honestly believe this is not a provable case,” she said.

Chaffee County district attorney won’t convene grand jury for 1980 homicide

SALIDA, Colo. — The Chaffee County sheriff and Salida police chief are publicly criticizing the district attorney for the 11th Judicial District for closing a homicide case they feel could st…

kdvr.com

The content of the news article isn't available to me. I want to ask, if someone would move to Colorado - imagine: from Indiana - for such reason and use an advantage to be in another state, if the person had to fear an arrest and trial in his previous state? - You know, what I mean? Can't explain better.

 

[GatorFL]

The content of the news article isn't available to me. I want to ask, if someone would move to Colorado - imagine: from Indiana - for such reason and use an advantage to be in another state, if the person had to fear an arrest and trial in his previous state? - You know, what I mean? Can't explain better.

We have extradition between states so if you've fled one state for another to avoid charges it is not a great strategy.

 

[CGray123]

Wow -- that's got to be a real kick in the gut for BE's family to be told she wasn't worth the cost of the DA's office! Why not let the GJ make the decision if there's sufficient evidence or not.

From the link:

However, the 11th Judicial District Attorney-elect Molly Chilson said earlier this month that she has opted not to seek a grand jury or file charges in the case due to a lack of evidence and the cost.

Without more information I can't evaluate who's right about this particular case, but I worry that cost will be a factor in SM's case going forward. The 11th Circuit DA's office is staffed and budgeted very thin. LE generally is spread pretty thin, too.

In the BE case, the County Commission in this tax averse region was unwilling to staff a grand jury with the full time, experienced attorney necessary to do the job right, notwithstanding the judgement of the police chief and the sheriff that they knew who committed the crime and needed the GJ powers to compel uncooperative witnesses to provide evidence. I wonder whether the ongoing investigation and projected prosecution of SM's case will receive adequate funding from the commissioners - especially since the DA is damaged goods politically.

This is just one more reason I look to the Colorado AG's special prosecutions unit, or the FBI and United States Attorney's office, as the best source of competent, well resourced, issue-free leadership in getting justice for SM.

 

[Trebor5591]

Thank you @Cindizzi for finding that clip about the tranq gun being operable with duck tape !

This is only my opinion, but I have seen so many posts about the prosecution saying a firearm or tranq gun was inoperable, but it could be made operable with duct tape, that I feel compelled to comment.

The person who says an inoperable firearm can be made operable with duct tape is a person who doesn't know what they are talking about regarding firearms. A fired bullet releases gases that pushes a billet at an extremely high velocity and any "hillbilly fix" like duct-taping a gun barrel or breech or any other part of a gun just wouldn't work--or if it did work once, would likely injure the person firing it.

Maybe this is indicative of the prosecution team. It may explain why they dismissed the charges against BM--they are incompetent and don't know what they are doing.

MOO

 

[WingsOverTX]

This is only my opinion, but I have seen so many posts about the prosecution saying a firearm or tranq gun was inoperable, but it could be made operable with duct tape, that I feel compelled to comment.

The person who says an inoperable firearm can be made operable with duct tape is a person who doesn't know what they are talking about regarding firearms. A fired bullet releases gases that pushes a billet at an extremely high velocity and any "hillbilly fix" like duct-taping a gun barrel or breech or any other part of a gun just wouldn't work--or if it did work once, would likely injure the person firing it.

Maybe this is indicative of the prosecution team. It may explain why they dismissed the charges against BM--they are incompetent and don't know what they are doing.

MOO

In general I would agree with you.

Are you familiar with tranquilizer guns? I'm not but I wonder if the same stability issues apply as with a bullet-fired gun. Perhaps it would depend on where the duct tape was applied?

I find it odd that the prosecution first said a .22 was used to fire the dart then walked that back. (I am also concerned that a reliable witness like Grusing stated that in the prelim if it is untrue.)

They say there was no working tranq gun except one outfitted with duct tape. I don't believe we have ever seen a photo of that weapon or the other inoperable/broken tranq gun (weren't two found?).

At one point I also thought the short rifle was the .22 used to fire the tranq dart. Apparently it is not. Rather it is an illegal weapon in CO, charged separately and not yet adjudicated. If I recall correctly a photo of that gun is in evidence. Wasn't this weapon ID'd by BM as the "chipmunk gun" ?

My current understanding is a .22 can fire a tranq dart but that is now not alleged in this case.

I have to say the prosecution has failed as a matter of evidence to convince me of what weapon (if any) was used by BM to dart SM with animal or other tranquilizer. I lean toward her being incapacitated or even killed by a tranq dart. To me, it is plausible.

But we have not gone to trial. Perhaps they can make a clearer case at trial. Whether it would be a convincing case, I don't know.

I am open to correction from anyone re: anything I have stated here with regard to facts or evidence. Opinions are my own.

 

[CGray123]

This is only my opinion, but I have seen so many posts about the prosecution saying a firearm or tranq gun was inoperable, but it could be made operable with duct tape, that I feel compelled to comment.

The person who says an inoperable firearm can be made operable with duct tape is a person who doesn't know what they are talking about regarding firearms. A fired bullet releases gases that pushes a billet at an extremely high velocity and any "hillbilly fix" like duct-taping a gun barrel or breech or any other part of a gun just wouldn't work--or if it did work once, would likely injure the person firing it.

Maybe this is indicative of the prosecution team. It may explain why they dismissed the charges against BM--they are incompetent and don't know what they are doing.

MOO

My understanding is that the dart gun that was found was not a firearm but a .22 caliber tranq dart air gun, which propelled darts a short distance at low velocity. LE first viewed it as inoperable but asked experts in the use of such guns and learned that it could in theory be used. I don't think it was tested. Once BM admitted that he had recently used a tranq gun to shoot deer in his yard, and that tranq darts and drugs were among the items he disposed of in Broomfield, it became unnecessary to test the "dysfunctional" gun. It was established beyond a reasonable doubt - by BM's own statements - that he had the means to use a tranq gun on his wife as part of a murder plan.

 

[WingsOverTX]

My understanding is that the dart gun that was found was not a firearm but a .22 caliber tranq dart air gun, which propelled darts a short distance at low velocity. LE first viewed it as inoperable but asked experts in the use of such guns and learned that it could in theory be used. I don't think it was tested.

RSBBM

Curious about the source of this information, as I am completely unfamiliar with it. I assume it is in a public document?

Do we know if a "short distance at low velocity" has meaning with regard to BM's crimes, as originally charged?

Thank you.

 

[Momofthreeboys]

RSBBM

Curious about the source of this information, as I am completely unfamiliar with it. I assume it is in a public document?

Do we know if a "short distance at low velocity" has meaning with regard to BM's crimes, as originally charged?

Thank you.

My "guess" is if this ever comes up again for retrial a prosecutor will most likely not float the "he was chasing her around with a tranquilizer gun" theory. I could be wrong, but right now the facts that are known just don't support it...even those that are locked on the "inference" theories...too easy to defend against in my opinion. The next case if there is one I think will be less "locked" in on the speculation about "how" the crime occurred and less locked in on the "when" the crime occurred. Personally I think Speeze and the DA fell in love with their theory and ran with it not thinking about the weaknesses or not "knowing" the weaknesses yet because CBI wasn't done investigating. Plus we don't even know what the defense found in the original trial that they were going to argue,..we just never got to that point.

 

[mrjitty]

A working tranq gun is more an evidential problem for the defence, seeing it is Barry who claims there was one only weeks before, and stated to the FBI that they would find used darts all around his property, and even inside.

 

[Momofthreeboys]

A working tranq gun is more an evidential problem for the defence, seeing it is Barry who claims there was one only weeks before, and stated to the FBI that they would find used darts all around his property, and even inside.

Since we don't know they found one that is operable, I'm not so sure it's a problem. That isn't to say that he didn't speculatively tranquilizer her, the issue is proving it. So much would depend on what the "first" defending attorney's investigators documented that is useable and the strength of a potential second defense. Certainly there is a large amount of wishful thinking about a second trial, but I'm a pragmatic person. My gut tilts toward any second trial being quite different.

 

[CGray123]

RSBBM

Curious about the source of this information, as I am completely unfamiliar with it. I assume it is in a public document?

Do we know if a "short distance at low velocity" has meaning with regard to BM's crimes, as originally charged?

Thank you.

Yes. IIRC, the AA (public, and published on the court site) refers to "pneumatic" darts that were found and discussed with BM, as well as BM's admissions that he used a dart gun to "tranq" deer in his yard, the last time in April, 2020, and that tranquilizer drugs were among the trash he cleared off his workbench and threw away in Broomfield. My recollection is that the additional information about the "inoperable" gun comes from an official transcript of the PH (public), which was purchased and published by a blogger who is not an authorized source for WS. If you look up pneumatic dart guns on the internet as one WS poster did, you will find that they are accurate in ranges under 50 feet.

There are some dart guns that propel the injectors with .22 blank cartridges, but the only references in the docs I have seen seem to be about pneumatic guns.

 

[Seattle1]

Since we don't know they found one that is operable, I'm not so sure it's a problem. That isn't to say that he didn't speculatively tranquilizer her, the issue is proving it. So much would depend on what the "first" defending attorney's investigators documented that is useable and the strength of a potential second defense. Certainly there is a large amount of wishful thinking about a second trial, but I'm a pragmatic person. My gut tilts toward any second trial being quite different.

But who's to say BM didn't tranquilize SM using a dart gun that he disposed of during one of his 5 trash runs, or injected SM by hand -- simply jabbing the syringe in her body. Each is very much a possibility based on the evidence including BM's own words.

 

[abams]

I'm just catching up with the news of Stanley's law license being suspended over non-compliance with CLEs.

Good Lord that's a new one for me. I've hardly heard of it occurring for any attorney, much less a DA.

 

[Momofthreeboys]

But who's to say BM didn't tranquilize SM using a dart gun that he disposed of during one of his 5 trash runs, or injected SM by hand -- simply jabbing the syringe in her body. Each is very much a possibility based on the evidence including BM's own words.

That is a possibility and if it shows up in the next trial would go through the scrutiny of the trial.

 

[MassGuy]

That is a possibility and if it shows up in the next trial would go through the scrutiny of the trial.

And if the jury isn't convinced that's how he did it, who cares? "How" is not an element that has to be proven. Some people might think strangled, despite Barry all but telling us he used the tranquilizer. Either way...

 

[BeckyF]

DBM