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

[Seattle1]

I like to view law enforcement broadly. From the first people on the scene to the final people involved until the case has a disposition. Again, the Attorney General is the highest law enforcement official in the country. So I'll group LS and her team in the law enforcement description. If you don't want to you don't have to. JMO

^^bbm

Follow enough cases, and you eventually find that the Colorado Constitution and the Statute governing Criminal Rules and Procedures aren't for everybody. Respectfully, if OP's personal preference is to view law enforcement in a manner that clearly conflicts with the law of the land, and without any credible basis for doing so, this probably isn't the best case to follow.

As I'm sure most already know, I long ago declared my brain resistant to California crime. And given our brains are the most complicated organs in the human body, I accepted this and just don't follow California cases.

It makes no sense to me to invent a process just for the sake of argument.

 

[MassGuy]

^^bbm

Follow enough cases, and you eventually find that the Colorado Constitution and the Statute governing Criminal Rules and Procedures aren't for everybody. Respectfully, if OP's personal preference is to view law enforcement in a manner that clearly conflicts with the law of the land, and without any credible basis for doing so, this probably isn't the best case to follow.

As I'm sure most already know, I long ago declared my brain resistant to California crime. And given our brains are the most complicated organs in the human body, I accepted this and just don't follow California cases.

It makes no sense to me to invent a process just for the sake of argument.

I'm just going to quote law and order, as the opening clearly explains what we're talking about here (as opposed to conflating investigators with the DA's office).

In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories.

 

[Seattle1]

I'm just going to quote law and order, as the opening clearly explains what we're talking about here (as opposed to conflating investigators with the DA's office).

In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories.

Yes! And this is exactly why I stopped following California. Thank you @MassGuy for helping me clarify what I was trying to say.

 

[Kemug]

In the US as in Australia, the concept of justice is partly procedural, applying the principle that the right person must be convicted. Blackstone's ratio (summary: it is better that ten guilty persons escape than that one innocent suffer) arises from a history of tradition and jurisprudence going back centuries in Britain, Ireland, and many other places.

I disagreed with Judge L's decisions but thought they'd be sustained on appeal. I was surprised when respected prosecutor Dan May suggested otherwise, and (mildly and respectfully) criticized DA LS's decision to ask for dismissal.

I have thought about it since, and my speculation is this: DA LS and her team came to believe that even if the appellate court lifted the sanctions on some or all of the evidence, there was a risk some of the important evidence would be excluded based on the unresolved suppression motions. The key to reducing that risk is location and analysis of SM's remains. This assessment tipped the balance in the decision whether to appeal or dismiss. MOO.

Thank you, I'm sure you're right, but I stand by every word of my opinion.

 

[Kemug]

It's sad that often these behaviors are seen as okay and because there isn't bruises and explosive blow ups that this isn't abusive. This is often WORSE because people don't feel they can say anything because others aren't going to see this as abusive. This type of behavior makes people feel crazy, like is it me or is this okay? It isn't okay. It also can tear away at the person slowly over time and they just don't see it as abusive until something like this happens or an extreme escalation happens when they decide not to take it anymore.

^^rsbm
That's also how I remember Saturday's events @justtrish-- except I think BM or his vehicle made an appearance of some sort because SM did tell JL that BM "left again."

And if SM was outside sunbathing, she could have simply heard BM's renowned diesel engine.

While Barry wasn't hunting a rancid turkey, IMO Suzannne was communicating with JL. If memory serves me, Barry parked his overloud truck at a distance from PP. IMO he was hiding from her, in stealth mode (something not unfamiliar to him). Removing/disabling trail cams does make sense, especially if he'd been monitoring them all morning while at the beachsite and had seen everything he needed to see. IMO easily Suzanne could've walked toward the creek within range of a trail cam but more likely he had one aimed at the hot tub, for a lot of disturbing reasons. Saw what he saw and made up his mind.

IMO whatever Barry was doing during that hour, he didn't want Suzanne to know he was there, doing it.

Been doing it his whole life, setting a trap --

JMO

So, it may well be that Barry was watching Suzanne laying out from afar, via one of his secret cameras. If he in fact saw her disrobe and take a photo for JL, I can't begin to imagine how furious and crazy that made him.

 

[MassGuy]

So, it may well be that Barry was watching Suzanne laying out from afar, via one of his secret cameras. If he in fact saw her disrobe and take a photo for JL, I can't begin to imagine how furious and crazy that made him.

He was up to no good, that's all we can say with a great deal of certainty. I pulled this from the AA a while back, and it shows that Barry definitely didn't have lunch with Suzanne as he claimed.

Post in thread 'CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92'
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92

 

[justtrish]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21cr78%20Morphew%20Redacted%20Affidavit.pdf

Posting the link for the AA here because the one in the first page of this thread, isn't correct anymore. It goes to a page that can't be found. I am not sure how to get that updated for the next thread, but here it is for the purpose of easily finding it for my comments.

So going back to read about Friday and Saturday and what Barry says and a few things jump out.

Starting about page 23 they list out all Barry's interviews and what he says.

He claims the truck and his phone will match what he says because he knows what he did and where he was. Well I believe him. He didn't use the truck and he left his phone at home.

He mentions at one point that they hiked in the neighborhood and they went to Fooses that day (Saturday). Maybe this is true. Maybe he says this because he took her to Fooses after he killed her? I think often people admit to things thinking they are telling half truths and they have to admit to something that can explain evidence if it is found. If they found proof that he and her were at Fooses, he than then point to the "hike" he said they took Saturday.

Another thing he claims that she wasn't on her phone and they had a great night together Saturday. But he also says he is in the garage fixing the pin on the Bobcat and he also says he loaded his truck that night. How did he know she wasn't on her phone at all during those times he was outside and out in the garage?

 

[justtrish]

He was up to no good, that's all we can say with a great deal of certainty. I liked this from the AA a while back, and it shows that Barry definitely didn't have lunch with Suzanne as he claimed.

Post in thread 'CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92'
Still Missing - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #92

AGH thank you! THIS is exactly what I was referencing when I mentioned he went home to make his wife happy and then didn't even really go home. Digital evidence points to a different version of events where he didn't go inside or lay on the deck and sunbath eating soup. His digital data and her digital data don't support that. Something was very wrong that day and he lied about it.

 

[justtrish]

Maybe this has been done and looked at here, but I haven't seen it so I'll ask. I am looking at a map now of Puma Path, the South Arkansas River, Fooses creek, and then Fooses Dam. I am trying to get my bearings and see where the bike was planted in this area. Also, if anyone recalls Barry being seen wet coming out of the woods or up from the side of the road in the weeks after Suzanne went missing. I feel like it was in a news story done. I remember discussing if he was trying to find the phone because he mentioned several times to police asking if they found her phone (almost as if he planted it somewhere and expected police to find it).. anyway was trying to get a visual of where those locations are in relation to Fooses. Looking to see what path they might have taken this walk on Saturday and possibly if she was put in the water at some point either in the South Arkansas behind their house or further up at Fooses Creek, would she be likely to float down to Fooses Dam and further on down somewhere?

 

[Seattle1]

I don't even think he saw Suzanne during this time he was supposed to be home "making her happy". It's hard to say what he was really doing during that 2 hour time frame.

^^rsbbm

So, it may well be that Barry was watching Suzanne laying out from afar, via one of his secret cameras. If he in fact saw her disrobe and take a photo for JL, I can't begin to imagine how furious and crazy that made him.

Checking the Media Thread, this Tweet is from the PH hearing:

I knew it was a text from SM to JL but had the phrase wrong.

I think this confirms that whether or not SM physically saw BM on Saturday when he claimed they were allegedly eating soup, she was aware that BM left PP per her text to JL:

Marc Sallinger
@MarcSallinger
Suzanne Morphew's last "proof of life" was a photo she sent to her lover at 1:42p on LinkedIn on May 9, according to FBI agent. She was out sunbathing. Shortly before she had messaged him saying “Guess who’s alone again??”

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

Alleged abuse, affair center of testimony on day 1 of Barry Morphew hearing; court continuing Tuesday Published: Aug. 9, 2021 at 7:59 AM PDT|Updated: 46 minutes ago

www.websleuths.com

 

[Warwick7]

AGH thank you! THIS is exactly what I was referencing when I mentioned he went home to make his wife happy and then didn't even really go home. Digital evidence points to a different version of events where he didn't go inside or lay on the deck and sunbath eating soup. His digital data and her digital data don't support that. Something was very wrong that day and he lied about it.

BBM
Plain and simple his GPS did not match statements he made to investigators.

 

[mrjitty]

Timing of the arrest still doesn't really explain why they didn't discover their expert reports on time.

IMO it remains a bit of a red herring.

 

[Megnut]

^^rsbbm


Checking the Media Thread, this Tweet is from the PH hearing:

I knew it was a text from SM to JL but had the phrase wrong.

I think this confirms that whether or not SM physically saw BM on Saturday when he claimed they were allegedly eating soup, she was aware that BM left PP per her text to JL:

Marc Sallinger
@MarcSallinger
Suzanne Morphew's last "proof of life" was a photo she sent to her lover at 1:42p on LinkedIn on May 9, according to FBI agent. She was out sunbathing. Shortly before she had messaged him saying “Guess who’s alone again??”

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

Alleged abuse, affair center of testimony on day 1 of Barry Morphew hearing; court continuing Tuesday Published: Aug. 9, 2021 at 7:59 AM PDT|Updated: 46 minutes ago

www.websleuths.com

Thank you for finding this.

It's that word 'again' that troubles me. It sounds like 'I wasn't alone just a moment ago but I am now.' So did Barry emerge from the woods just prior to leaving to get the blade changed and they did have an encounter? OR .... recall, Barry had said he was coming home at one point (isn't that when she texted the reminder about the spa stuff?) but he seems to have made an about face -- coming almost home but stopping short and then canvasing the square footage behind their home.

When did Barry call Suzanne? LE noted it -- why call her if he'd just been sharing 3 day old porridge with her? Well, when did Suzanne's text to JL go out ('guess who's alone again')? Before or after?

Consider: we know Suzanne was communicating in abundance with JL; we don't know if it was steadily or with interruptions; we do know Suzanne did some housekeeping, we just don't know when; we know Barry called her.

So.... I propose this: Suzanne was aware in general that Barry was expected back home late morning on 5/9 and kept an ear out for his truck (she was outside after all). When Barry called her after he'd been at PP looking for the yummy, decomposed turkey (sure he was), he may have told her he'd gotten tied up at the work site, you know with workers present (when in fact he was calling from the lower road) and that he'd be gone the rest of the day, and that's what inspired Suzanne's text -- as in, I just got confirmation from Barry that I'll be alone again all afternoon --

I suspect that Barry's obnoxious truck served as a bell for Suzanne -- it"s just that he knew it too, which is why he parked as he did, and slinked up to PP on foot during that incident when he spied on Suzanne and her friend. I don't think Suzanne knew Barry came home and was prowling in the backyard midday on 5/9 but I do think she was expecting him to come home then (with the spa stuff) and I think his phone call gave her false assurance the rest of the day was hers, Barry-free.

But he lied and she'd never be.

JMO

 

[Love Never Fails]

So, it may well be that Barry was watching Suzanne laying out from afar, via one of his secret cameras. If he in fact saw her disrobe and take a photo for JL, I can't begin to imagine how furious and crazy that made him.

It would also explain how fidgety he was around his coworker that day, to the point that she asked him what was wrong. Then he told her he had to go home and make the wife happy.

 

[osu]

Maybe this has been done and looked at here, but I haven't seen it so I'll ask. I am looking at a map now of Puma Path, the South Arkansas River, Fooses creek, and then Fooses Dam. I am trying to get my bearings and see where the bike was planted in this area. Also, if anyone recalls Barry being seen wet coming out of the woods or up from the side of the road in the weeks after Suzanne went missing. I feel like it was in a news story done. I remember discussing if he was trying to find the phone because he mentioned several times to police asking if they found her phone (almost as if he planted it somewhere and expected police to find it).. anyway was trying to get a visual of where those locations are in relation to Fooses. Looking to see what path they might have taken this walk on Saturday and possibly if she was put in the water at some point either in the South Arkansas behind their house or further up at Fooses Creek, would she be likely to float down to Fooses Dam and further on down somewhere?

This was from a June 2020 interview Tyson Draper gave to CrimeOnline when he described one of the encounters he had with BM on Puma Path.

“Draper shared more detail of his earlier encounter with Morphew, when he saw the Suzanne’s husband driving his truck on a road near the Morphew home, which he also said is separated by a patch of forest from a creek. Draper said he had seen a silver or gray truck parked on the side of the road as he was walking and filming. He said he was narrating as he filmed and felt that anyone who was nearby would have been able to hear him. As Draper was walking back down the road he said a slow-moving truck passed him from behind, the same one that had been parked on the road earlier, and that he clearly saw Barry Morphew in the driver’s seat. He said Morphew as “soaking wet” and not wearing a shirt.”

“Draper said that the weather on Saturday was gray, rainy, and a bit cold, but that Morphew looked like “he had fallen through ice … He looked like a zombie.” Draper said he believes Morphew must have been in the creek, and said that while he didn’t see Morphew emerge from the woods separating the creek from the road, he believes that would have been the only way Morphew could have accessed his car without passing Draper in the other direction. The two men did not speak at that time, Draper said, noting that Morphew did not look at him as he was driving by.”

More at the link:

YouTuber who ‘secretly’ recorded video of Barry Morphew discussing wife’s disappearance says he believes Suzanne Morphew’s husband knew the camera was on

The Arizona man who recorded a conversation he had with Barry Morphew this past weekend says he’s not convinced the husband of missing Suzanne Morphew was unaware he was being recorded as the two men spoke in Maysville, Colorado, on Sunday. Tyson Draper encountered Morphew this weekend after the...

www.crimeonline.com

 

[Momofthreeboys]

This was from an interview Tyson Draper gave to CrimeOnline when he described one of the encounters he had with BM
on Puma Path.

“Draper shared more detail of his earlier encounter with Morphew, when he saw the Suzanne’s husband driving his truck on a road near the Morphew home, which he also said is separated by a patch of forest from a creek. Draper said he had seen a silver or gray truck parked on the side of the road as he was walking and filming. He said he was narrating as he filmed and felt that anyone who was nearby would have been able to hear him. As Draper was walking back down the road he said a slow-moving truck passed him from behind, the same one that had been parked on the road earlier, and that he clearly saw Barry Morphew in the driver’s seat. He said Morphew as “soaking wet” and not wearing a shirt.”

“Draper said that the weather on Saturday was gray, rainy, and a bit cold, but that Morphew looked like “he had fallen through ice … He looked like a zombie.” Draper said he believes Morphew must have been in the creek, and said that while he didn’t see Morphew emerge from the woods separating the creek from the road, he believes that would have been the only way Morphew could have accessed his car without passing Draper in the other direction. The two men did not speak at that time, Draper said, noting that Morphew did not look at him as he was driving by.”

More at the link:

YouTuber who ‘secretly’ recorded video of Barry Morphew discussing wife’s disappearance says he believes Suzanne Morphew’s husband knew the camera was on

The Arizona man who recorded a conversation he had with Barry Morphew this past weekend says he’s not convinced the husband of missing Suzanne Morphew was unaware he was being recorded as the two men spoke in Maysville, Colorado, on Sunday. Tyson Draper encountered Morphew this weekend after the...

www.crimeonline.com

I have always wondered why TD claimed he looked like Barry had been in the water when it was raining and Draper had no idea how long he'd been outside or where he'd been before and during a period of time.

 

[Megnut]

What do we think came of Suzanne's phone?

It turned off at a time that sleeping Barry wasn't sleeping.

Did he dispose of it somewhere during the 4 am hour, after the elk turn?

Did he dispose of it where he left the bike? Did he throw it in the brink, on purpose or by overshot?

Did he first destoy it? To make sure no content would be recovered?

Did he expect it to be found? Was it overbroken? A shattered mess compared to the pillow-tossed bicycle?

Did Barry make any trash runs prior to Broomfield? Up at Monarch Ski, Monarch Spur (the campground), Poncha Spring Market come to mind...

Where is the phone now? Did LE ever recover it? Did a camper or passerby find it and keep it?

I could be wrong, but I feel like he wanted it found, that he staged it.

I just wonder what happened to it next.

JMO

 

[osu]

DBM - no link

 

[Momofthreeboys]

DBM - no link

Yes but it could be a leap that he was wet because he was in the creek and not just because it was raining. Barry relayed to investigators that he was upset they spend money digging up the river house cement and didn't excavate the beaver damn. So why he was there in the rain could be debatable information should TD's information be used at a trial.

 

[osu]

Yes but it could be a leap that he was wet because he was in the creek and not just because it was raining. Barry relayed to investigators that he was upset they spend money digging up the river house cement and didn't excavate the beaver damn. So why he was there in the rain could be debatable information should TD's information be used at a trial.

IIRC, it was gray and drizzly outside…it wasn’t raining hard because Tyson was outside walking around videotaping himself and narrating and he didn’t appear to be wet.

Why would BM have his shirt off, soaking wet, looking “like a zombie” if he was just out for a casual stroll around the creek while someone was waiting in his truck? IMHO, he was down in the ice cold creek looking for something he’d left there.

JMHO