Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #103

[CGray123]

The significance of finding the body is that charges will immediately be refiled*, as the prosecution can come back to Court with clean hands, but with much the same case as before.

(unless of course the new evidence is exculpatory)

RBBM. The MTD mentions the possibility that SM's remains, if found in the wilderness near PP, might provide exculpatory evidence. WE must assume the possibility exists. But I'm struggling to figure out what evidence the remains could provide that tends to reduce the likelihood that BM killed her.

If SM's remains are found, BM's gone girl defense is, well, gone. The small possibility that she is alive, which diminishes with each month, would be eliminated. Not helpful to BM.

If SM is found within the vast area BM could have reached within the 4 hour time window his devices were off in the early morning of May 10, 2020, the location does not help him.

If the remains provide forensic evidence that SM was strangled or drugged, shot or stabbed, the remains do not help him. (I suppose forensic analysis could be inconclusive as to cause of death, but again, is this "exculpatory"?)

WS seems to have lots of members who have more imagination than I do , so I'm hoping you all can help me out. How would finding SM's remains in a remote and mountainous location near the Puma Path residence be exculpatory for BM?

 

[CGray123]

What if Suzanne is found outside of Colorado? or any other location that B could not be tied to?

IMO, Suzanne needs to be found within the locale of PP - the further away she is, the less likely it is to be tied to B, unless there is evidence that is found with the body that points in B's direction.

IMO, I think it rather simplistic to say 'find the body and its game over for B'.

RBBM. Do we have any reason to believe SM will be found outside the area BM could reach within 4 hours?

I tend to agree with you, to the extent that the closer to PP that SM is found, the more likely BM is the person who put it there.

But I also agree with @MassGuy, to the extent that locating SM's remains would strengthen the prosecution's case by eliminating one of his defenses (Gone Girl).

I believe the other defense (SODDI) has already been significantly undermined by forensic results that came in after the PH, and can be effectively refuted by further investigation now that the CCSO has time to complete it.

 

[MassGuy]

You're still assuming this is a slam dunk case and it is not. Most people thought the cases against OJ and Casey Anthony were slam dunks. And because of double jeopardy both are free for life. In those cases we saw a questionable judge, overmatched prosecutors, and ineffective investigators. Based on what we know about this case, there are a lot of similarities to those two cases. The only difference is that LS was wise enough to drop the charges when she knew she was going to lose in hopes of more evidence.

It only takes one Johnny Cochran moment to alter a case like this one.

I think there is only a 50% chance he will be recharged at this point.

Hold it, what?

I have never, not once, described this case as a "slam dunk." In fact, I've argued the opposite.

What I have said, is that Barry absolutely killed his wife. Determining factual guilt doesn't really doesn't get much easier than this.

 

[GatorFL]

Hold it, what?

I have never, not once, described this case as a "slam dunk." In fact, I've argued the opposite.

What I have said, is that Barry absolutely killed his wife. Determining factual guilt doesn't really doesn't get much easier than this.

Just yesterday you said this:

Find the body, and it's game over for Barry. It doesn't matter if there's any additional evidence that links him to the body itself, as there is more than enough already.

They are undoubtedly searching areas he is connected to in some way, so if she's found there then that's the icing on the cake.

Necrosearch is non profit, Colorado based, and has been involved in this from the very early days. I care more about them searching than anyone else.

 

[CGray123]

I would hope that the prosecution files a much superior case with the assistance of experienced professionals. The scatter gun approach is less likely to secure a conviction, whereas a focussed prosecution is more effective and gives the defence less room to raise reasonable doubt.

IMO the 'failed' prosecution had too much circumstantial evidence that could be cut down by the defence and confuse the jury (for example, the GPS movements). Keep it simple and the prosecution will be successful.

ITA. For a small rural judicial district lack of resources are always the challenge. State and Federal resources are dedicated to help, and can even take over if the locals ask. I believe that in a murder case, they will do so if asked. It would help if DA LS got on board with the idea.

 

[MassGuy]

Just yesterday you said this:

Yes. If they find the body. That's a big "if."

That was the one thing Barry had going for him, as there is a mountain of evidence against him.

"Gone girl" was really the only thing the defense had. Can't have that if Suzanne is dead.

 

[GatorFL]

Yes. If they find the body. That's a big "if."

That was the one thing Barry had going for him, as there is a mountain of evidence against him.

"Gone girl" was really the only thing the defense had. Can't have that if Suzanne is dead.

I think a competent attorney could poke holes in the evidence we know about. Same as in the OJ and Casey Anthony cases. In both of those cases, there was more evidence than against Barry.

 

[waldojabba]

You're still assuming this is a slam dunk case and it is not. Most people thought the cases against OJ and Casey Anthony were slam dunks. And because of double jeopardy both are free for life. In those cases we saw a questionable judge, overmatched prosecutors, and ineffective investigators. Based on what we know about this case, there are a lot of similarities to those two cases. The only difference is that LS was wise enough to drop the charges when she knew she was going to lose in hopes of more evidence.

It only takes one Johnny Cochran moment to alter a case like this one.

I think there is only a 50% chance he will be recharged at this point.

IMO every case is unique. So, to focus solely on the two cases you cite / Casey Anthony and OJ /that were both an obvious travesty of justice,to predict the outcome of this case, is a very narrow path to walk.

IMO There are many other cases that have been cited over these 100 + threads, dealing with all circumstantial evidence and convictions.

Of course verdicts can go either way in any trial !

Some cases that should be a slam dunk are not for many many reasons.

IMO when someone says any case is a slam dunk - that is of course from their perspective. For me it's the thought, that to any reasonable, logical thinking person, looking at the my same information and facts, going by the rules of the court etc, that they will see what I see. But that obvi is not always the case. So many wild cards exist in any transaction.

The biggest wild card IMO, and as you suggest, is of course "the human element". I don't discount that prejudice, corruption, self interest, emotion, intelligence, religion, politics, upbringing, incompetence etc enter into all encounters inside and outside the court. IMO and IME -Rules are skirted and back room deals are made with a wink and a promise or... a bag of cash or the equivalent. Or ...a judge or someone involved in the process has maybe a mental health issue, is an addict, etc. Or maybe you have a charming sociopath on the jury who is very influential and can spin a tale and stir the pot. I could go on and on but there are too many potential scenarios and variables.

If history teaches us anything it’s that what is "right" does not always prevail and that the law can be spun/interpreted in many different ways. Or even on occasion, thrown out the window
ALL IMO

 

[MassGuy]

I think a competent attorney could poke holes in the evidence we know about. Same as in the OJ and Casey Anthony cases. In both of those cases, there was more evidence than against Barry.

Tough to poke holes in countless proven lies. All a jury needs is one in order to convict in many cases, and Barry told dozens.

The most damning in my opinion, one that clearly shows "consciousness of guilt," is when he started lying before he should have even known a crime was committed.

The Ritters call him, and he tells them he's at the wall with workers present.

If anyone believes that perhaps they misheard, that's soundly refuted by what he told CBI multiple times early on.

The same story.

He tells them he gets that phone call, rushes back to the hotel, grabs his tools from his truck, and then leaves them in the lobby.

Surveillance video showed that Barry had been in his room for hours, left after receiving that phone call, retrieved tools, and left them in the lobby.

Clear staging, like the bike and helmet.

Imagine being so arrogant that you know you are on camera, and lie anyways. I guess it's possible that he thought they wouldn't check, but that would go more to Barry's staggering stupidity.

 

[Boxer]

I would hope that the prosecution files a much superior case with the assistance of experienced professionals. The scatter gun approach is less likely to secure a conviction, whereas a focussed prosecution is more effective and gives the defence less room to raise reasonable doubt.

IMO the 'failed' prosecution had too much circumstantial evidence that could be cut down by the defence and confuse the jury (for example, the GPS movements). Keep it simple and the prosecution will be successful.

Agree. The general professionalism was low in the whole presentation of the states case. I just can't stand that I know E and N were jumping for glee when they saw a giant unorganized dump of the discovery. It started there. MOO also the witnesses for the state were unprepared.
The observations of the police conjecturing about the use of tranquilizers was weak.

Why not go with just the hard ball facts which are the multitude of lies to explain evidence and their refutation by electronic evidence.
Knock the alibi to shreds, show that there are no sign of life for SM commencing with BMs agitated arrival home.

On a separate note: I have a question in the time line, where was Suzanne's phone upon his arrival home, and why was there later said to be evidence of her moving around like a tranquilized animal, and did the two phones move so one followed the other?
Was the DA not planning to use Suzanne's phone location data at trial?
Was this info in the discovery but not revealed yet? I would say it is damning if true.

 

[waldojabba]

RBBM. The MTD mentions the possibility that SM's remains, if found in the wilderness near PP, might provide exculpatory evidence. WE must assume the possibility exists. But I'm struggling to figure out what evidence the remains could provide that tends to reduce the likelihood that BM killed her.

If SM's remains are found, BM's gone girl defense is, well, gone. The small possibility that she is alive, which diminishes with each month, would be eliminated. Not helpful to BM.

If SM is found within the vast area BM could have reached within the 4 hour time window his devices were off in the early morning of May 10, 2020, the location does not help him.

If the remains provide forensic evidence that SM was strangled or drugged, shot or stabbed, the remains do not help him. (I suppose forensic analysis could be inconclusive as to cause of death, but again, is this "exculpatory"?)

WS seems to have lots of members who have more imagination than I do , so I'm hoping you all can help me out. How would finding SM's remains in a remote and mountainous location near the Puma Path residence be exculpatory for BM?

IIRC there is BM on video,( it was posted here at the time) after the case was dismissed without predjudice, with BM saying
over his shoulder as he walked to his fancy truck after court " the real KILLER is still out there". I would have that video playing on a loop in the background in court lol. It discounts the phony Defense gone girl bs scenarios. It discounts any belief she is still alive. It was a clear, raw, in the moment, totally unscripted statement. He was feeling vindicated and felt free to throw that out to the press. IMO that will come back to haunt him and his defense

As far as finding her body close to home buried - was she buried in a hole dug with a big digger ? Perhaps with a tree planted on top or a big boulder pushed over it etc. How does the scene present itself ? What knowledge and tools would be needed? And Yes - hard to imagine an excupatory scenario, unless "the real killer out there" buried himself with her and tied a note around his neck confessing !! ALL IMO

 

[MassGuy]

Agree. The general professionalism was low in the whole presentation of the states case. I just can't stand that I know E and N were jumping for glee when they saw a giant unorganized dump of the discovery. It started there. MOO also the witnesses for the state were unprepared.
The observations of the police conjecturing about the use of tranquilizers was weak.

Why not go with just the hard ball facts which are the multitude of lies to explain evidence and their refutation by electronic evidence.
Knock the alibi to shreds, show that there are no sign of life for SM commencing with BMs agitated arrival home.

On a separate note: I have a question in the time line, where was Suzanne's phone upon his arrival home, and why was there later said to be evidence of her moving around like a tranquilized animal, and did the two phones move so one followed the other?
Was the DA not planning to use Suzanne's phone location data at trial?
Was this info in the discovery but not revealed yet? I would say it is damning if true.

There is one article that delved deeper into the judge's decision at the preliminary, and in that, Murphy talked about Suzanne's phone movements. So if correct, this information was presented during the preliminary hearing.

That was the issue with no live tweeting. We got very little information on the whole.

 

[GOBliaison]

Grusing (FBI profiler) had completed the interviews with Barry, laying his cards on the table and brilliantly allowing Barry to go on the record one final time, and bury himself.

Greetings to each and all...{my Bermuda social habit}

Would anyone have thoughts about why - unless I missed it - the absence of spent brass scattered all over Barry's killing field(s) did not make it into the AA?

Here, perhaps, again the brilliance of Grusing as he withholds this evidentiary wild card ?? ...

• ... which, inter alia, totally puts the lie to Barry's tale of rushing around PP,
• ... with whichever .22,
• ... he actually did not then have in hand,
• ... targeting a fusillade of frenzied rodent control suppression fire,
• ... when [ all IMO] he was actually in the process of putting Suzanne in his final control.

Anyone?
Anyone?
{Hattip: Ben Stein, ala Ferris Bueller's...}


Q: Would such an absence of evidence have to be disclosed to the defense at some point prior to trial?
As it would likely be used in rebuttal of the accused's version of events, I should think not. But...

 

[Momofthreeboys]

Agree. The general professionalism was low in the whole presentation of the states case. I just can't stand that I know E and N were jumping for glee when they saw a giant unorganized dump of the discovery. It started there. MOO also the witnesses for the state were unprepared.
The observations of the police conjecturing about the use of tranquilizers was weak.

Why not go with just the hard ball facts which are the multitude of lies to explain evidence and their refutation by electronic evidence.
Knock the alibi to shreds, show that there are no sign of life for SM commencing with BMs agitated arrival home.

On a separate note: I have a question in the time line, where was Suzanne's phone upon his arrival home, and why was there later said to be evidence of her moving around like a tranquilized animal, and did the two phones move so one followed the other?
Was the DA not planning to use Suzanne's phone location data at trial?
Was this info in the discovery but not revealed yet? I would say it is damning if true.

I think the phone evidence will end up a dead end....too much technical information available around drifting in areas with steep changes in terrain and other issues with long distances from cell towers. So many people that live in that type of area tried to explain this. I think it's safe to say that Barry's phone was home and Suzanne's phone was home but to try and build a case of him chasing her etc. etc. or being in a specific location is just too plain easy to discredit by defense. I think the whole chasing her around with a tranq gun is a dead end theory now so we'll see what any future investigation and case brings. They might keep to the he tranquilized her theory without trying to say "how"...but...in my opinion dicey.

 

[steeltowngirl]

RBBM. The MTD mentions the possibility that SM's remains, if found in the wilderness near PP, might provide exculpatory evidence. WE must assume the possibility exists. But I'm struggling to figure out what evidence the remains could provide that tends to reduce the likelihood that BM killed her.

If SM's remains are found, BM's gone girl defense is, well, gone. The small possibility that she is alive, which diminishes with each month, would be eliminated. Not helpful to BM.

If SM is found within the vast area BM could have reached within the 4 hour time window his devices were off in the early morning of May 10, 2020, the location does not help him.

If the remains provide forensic evidence that SM was strangled or drugged, shot or stabbed, the remains do not help him. (I suppose forensic analysis could be inconclusive as to cause of death, but again, is this "exculpatory"?)

WS seems to have lots of members who have more imagination than I do , so I'm hoping you all can help me out. How would finding SM's remains in a remote and mountainous location near the Puma Path residence be exculpatory for BM?

I have no clue how her remains being found would preclude BM.

If they found Suzanne’s remains, clutching a handwritten suicide note in one hand and a gun in the other, I’d still have my doubts that she took her own life. All due to BM’s incredible amount of shady behavior in the days and weeks before she went missing, topped off by the myriad of incriminating actions he utilized during Mother‘s Day weekend.

But that’s just me.

JMO

 

[MassGuy]

I think the phone evidence will end up a dead end....too much technical information available around drifting in areas with steep changes in terrain and other issues with long distances from cell towers. So many people that live in that type of area tried to explain this. I think it's safe to say that Barry's phone was home and Suzanne's phone was home but to try and build a case of him chasing her etc. etc. or being in a specific location is just too plain easy to discredit by defense. I think the whole chasing her around with a tranq gun is a dead end theory now so we'll see what any future investigation and case brings. They might keep to the he tranquilized her theory without trying to say "how"...but...in my opinion dicey.

They had Barry's phone which allowed them to download GPS data, which is different from cell data. It is far more accurate.

Again, you're ignoring Barry's own words that confirm this stuff. He admits to running around the backyard shooting chipmunks, which means that if one is torn between the prosecution and defense analysis of that data, they need not be.

He tells us it happened.

The same goes for the tranquilizer stuff.

He says he never fired a tranquilizer gun in Colorado, then claims he illegally tranquilized deer just weeks before.

So this is another confirmed lie, as both cannot be true at the same time.

Of course neither of them are, because it's absolutely insane.

 

[Momofthreeboys]

Greetings to each and all...{my Bermuda social habit}

Would anyone have thoughts about why - unless I missed it - the absence of spent brass scattered all over Barry's killing field(s) did not make it into the AA?

Here, perhaps, again the brilliance of Grusing as he withholds this evidentiary wild card ?? ...

• ... which, inter alia, totally puts the lie to Barry's tale of rushing around PP,
• ... with whichever .22,
• ... he actually did not then have in hand,
• ... targeting a fusillade of frenzied rodent control suppression fire,
• ... when [ all IMO] he was actually in the process of putting Suzanne in his final control.

Anyone?
Anyone?
{Hattip: Ben Stein, ala Ferris Bueller's...}


Q: Would such an absence of evidence have to be disclosed to the defense at some point prior to trial?
As it would likely be used in rebuttal of the accused's version of events, I should think not. But...

I don't totally get what you are asking? Probably Barry picks up his spent shells...people I know do so they aren't lying around on their property. Chances are he loads a pocket full of shells and then does his thing and picks up the spent shells. I think the reason there was an unspent shell on the bedroom floor was because he had one in a pocket but of course that theory kills all the people who theorized that Barry didn't use that bedroom.

 

[MassGuy]

I don't totally get what you are asking? Probably Barry picks up his spent shells...people I know do so they aren't lying around on their property. Chances are he loads a pocket full of shells and then does his thing and picks up the spent shells. I think the reason there was an unspent shell on the bedroom floor was because he had one in a pocket but of course that theory kills all the people who theorized that Barry didn't use that bedroom.

To me, the significance of this round in the bedroom is that it was there in the first place. So Suzanne wakes up, makes the bed, and just leaves ammunition laying on the floor?

Doubtful.

That tells me that Barry was in that room after Suzanne. Perhaps she was trying to load a gun when Barry was coming after her.

That cracked door would be fairly weak evidence, but it is strengthened by the fact that Barry claimed to have never noticed it.

Again, we just have to listen to Barry.

 

[waldojabba]

I think Linda Stanley did not have a team on board (hence the departure of her second in command) with the direction she wanted the case to go. IMO, LS worked on the basis that the evidence would present itself the way she wanted it at some point before trial.

It seems from various MSM, LS rubbed a lot of the people the wrong way, when she should have worked to get them (as a team, working in the same direction) on board.

If the prosecution refiles on the basis of new evidence, I hope there is a different prosecutor with plenty of experience of murder trials.

I agree that LS seems to be a very polarizing figure.

Until the bruha about her not completing her cont ed credits
imo her fb page was very public and open about her one sided political beliefs
Sure she ran on the party line in the election but after elected imo it is really time to put that all aside
and move to center because you represent all the people of the county – common sense right?
I guess not so much anymore

I also have a sneaking suspicion that some of the friction just presents itself because she is a woman.
Other reasons perhaps are her communication skills/style and that she needs to grow into the job if that’s possible
I don’t know the woman, but I will say I have respect for her path from truck driver to cop to lawyer – I admire her tenacity and blind belief in herself.

IMO it’s the middle finger she seems to give to public perception, as well as her other blind spots and self-sabotaging behavior that get her into trouble.

IMO If she were a true leader we would have never seen this case handled the way it was

ALL IMO

 

[waldojabba]

I don't totally get what you are asking? Probably Barry picks up his spent shells...people I know do so they aren't lying around on their property. Chances are he loads a pocket full of shells and then does his thing and picks up the spent shells. I think the reason there was an unspent shell on the bedroom floor was because he had one in a pocket but of course that theory kills all the people who theorized that Barry didn't use that bedroom.

IMO if you were talking about anyone else but BM, I think you would have a good point about picking up shells. But just one look at the inside of his truck or his gun safe or even his garage - tell me Nah... BM doesn't pick up shells on his own property , it's just not his way....IMO