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

[mrjitty]

^^bbm

Yes, to the Complaint and Information.

A preliminary hearing is limited to matters necessary to a determination of probable cause.

In my experience, generally, Colorado Criminal Courts tend to seal the AA, and/or suppress public access, until the Preliminary Hearing is concluded.

For BM's case, I believe Judge Murphy ordered the AA released about a week after the 4-day hearing so in this regard, no, we didn't have access to the AA document before or during the hearing.

You may recall the Media Consortium put up a fight for immediate access-- relying on revised Rule 55.1 that was effective May 10, 2021, but to no avail.

Here, the AA served somewhat as the index or agenda to the four-day preliminary hearing where the Court ruled the prosecution satisfied the burden to show probable cause, and the Court ruled the case was bound over for trial.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21CR78%20Morphew%20Amended%20Complaint%20051821.pdf

Rule 55.1 - Public Access to Court Records in Criminal Cases, Colo. R. Crim. P. 55.1 | Casetext Search + Citator

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ETA: Add Order to suppress AA from the public until 7 days after expiration of the Order.

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

Thank you!

I had wondered how the "story" was told. The complaint is very skimpy, so like you say, they must have used the AA like an agenda, given there was no opening.

 

[Kemug]

Apropos JL: Maybe, JL's wife or daughter (the daughter, who caught her father by having "contact" to SM) called Berry for a complaint about his unfaithful wife?
When Berry chose several "Jeff" for the Fb-friend requests, it maybe, he knew about the right "Jeff", but wanted to muddy the water (and his motive) with some more "Jeff". Possible??

This could be possible. And if "someone" did contact Barry, I doubt they would volunteer that fact, they would have to be asked. After all, we do know (I think?) that Charles Vallow contacted Tammy Daybell.

 

[Love Never Fails]

I’m happy to see @mrjitty, @MassGuy and @Seattle1 reiterating how much information the AA had in it and how BM would have been convicted, imo, were it not for the judge gutting the case by not allowing the prosecution to call the expert witnesses.

Good to see we still have Ops who bring us back to center. Remember, Judge Murphy said there was enough in the AA to charge BM with murder. Were it not for the tricks of Iris, regarding touch DNA, BM would never have made bail.

No one but BM had means, motive and opportunity. Oh, he also had all the lies he gave that will convince the jury.

 

[justtrish]

There is no evidence that supports he had a place ahead of time to dispose of a body and no evidence yet that he took her somewhere at an elevation that was covered in snow this April. All we know for certain is telematics say his truck doors were opening and closing during the middle of the night so I am not wedded to any one theory but still think without evidence we aren’t aware of, there are still gaps and unanswered questions. The 95 ft move the best guess I have heard so far is so he could get the daughters vehicle out of the garage but that is also a guess. I am just not convinced that simply writing a strong 4 page arrest warrant and doing a better job at a preliminary without new info is enough.

You are right we don't know of any evidence that says he had a hole dug, that he preplanned it that far out to have a place prepared or that he took her up higher where there was snow or many other things related to this case.

What we can say is that another person didn't take her in the middle of the night because Barry's own account was he left her sleeping when he left at 5am. She couldn't go missing at the hands of a stranger in the middle of the night if Barry saw her sleeping at 5am. His movements and activity prior to 5am also suggest he is lying about when he woke up or if he even went to sleep in the first place. He was up after he claimed to be in bed and up before he claimed he woke up. He can't even claim he was mistaken about seeing her because he also said he heard her snoring so he saw her and heard her. Now, do I believe he saw and heard her? No I think she was dead. So the only reason he has to lie about seeing and hearing her is to try to push the story that she was there a live and then she was taken from a bike ride. Now that this theory really has no weight, he can't decide he was mistaken and didn't see and hear her because she was taken in the middle of the night.

 

[MassGuy]

You are right we don't know of any evidence that says he had a hole dug, that he preplanned it that far out to have a place prepared or that he took her up higher where there was snow or many other things related to this case.

What we can say is that another person didn't take her in the middle of the night because Barry's own account was he left her sleeping when he left at 5am. She couldn't go missing at the hands of a stranger in the middle of the night if Barry saw her sleeping at 5am. His movements and activity prior to 5am also suggest he is lying about when he woke up or if he even went to sleep in the first place. He was up after he claimed to be in bed and up before he claimed he woke up. He can't even claim he was mistaken about seeing her because he also said he heard her snoring so he saw her and heard her. Now, do I believe he saw and heard her? No I think she was dead. So the only reason he has to lie about seeing and hearing her is to try to push the story that she was there a live and then she was taken from a bike ride. Now that this theory really has no weight, he can't decide he was mistaken and didn't see and hear her because she was taken in the middle of the night.

Exactly. There are quite a few unanswered questions, questions that are likely to never be answered. Digital evidence and Barry's words/lies can only get you so far.

Barry couldn't possibly have made it easier in regards to his guilt though.

 

[Boxer]

MOO Lies are a form of confession. Especially lies that change to explain away new things.
Hope they do find her soon..

 

[Spartygirl]

Absolutely, and because no one has stumbled upon 'any remains' as of yet, points to someone who took some time for concealment. Again, pointing to the one and only.

Yes !!!
The one who told his employee, MG, that he could bury a body and nobody would ever find it.

The one whose buddy said that

Barry Morphew 'would know where to hide a body in Colorado' and police would 'likely never find it', claims a friend​

Barry knew the woods as an Avid Outdoorsman says friend.

Friend: Barry Morphew 'would know where to hide a body in Colorado'

A friend of accused killer Barry Morphew, left, said on Monday that if Morphew had killed his wife, Suzanne, right, police would not be able to find her body in Colorado.

www.dailymail.co.uk

 

[MassGuy]

MOO Lies are a form of confession. Especially lies that change to explain away new things.
Hope they do find her soon..

Exactly. Innocent people have no reason to lie, and Barry told too many to count. What's beautiful about the AA, is that you're able to get inside Barry's head to a degree, and understand how he thinks.

If you believe Barry is innocent, then you simply have to believe lies mean nothing. If you believe lies mean nothing, then all I can say is "God bless."

 

[mrjitty]

What we can say is that another person didn't take her in the middle of the night because Barry's own account was he left her sleeping when he left at 5am. She couldn't go missing at the hands of a stranger in the middle of the night if Barry saw her sleeping at 5am. His movements and activity prior to 5am also suggest he is lying about when he woke up or if he even went to sleep in the first place. He was up after he claimed to be in bed and up before he claimed he woke up. He can't even claim he was mistaken about seeing her because he also said he heard her snoring so he saw her and heard her. Now, do I believe he saw and heard her? No I think she was dead.

RSBM

I agree. If I had to present the case, I would open with this question,

Was SM asleep and snoring in bed before 4am as the accused stated?

The evidence is overwhelming that she was not there, IMO. And if she was not there, then BM is guilty.

 

[GatorFL]

Exactly. Innocent people have no reason to lie, and Barry told too many to count. What's beautiful about the AA, is that you're able to get inside Barry's head to a degree, and understand how he thinks.

If you believe Barry is innocent, then you simply have to believe lies mean nothing. If you believe lies mean nothing, then all I can say is "God bless."

I wonder why law enforcement investigators have so many problems in cases like this where the suspects lie so much? Again, Barry took the Casey Anthony approach and said so much crap to the investigators they could hardly keep up. I'm starting to wonder as part of his preplanning did he decide to use this as a strategy? It seems that way.

 

[Love Never Fails]

I wonder why law enforcement investigators have so many problems in cases like this where the suspects lie so much? Again, Barry took the Casey Anthony approach and said so much crap to the investigators they could hardly keep up. I'm starting to wonder as part of his preplanning did he decide to use this as a strategy? It seems that way.

Possibly.
But with Casey Anthony, she was lying and in such a way as to make investigators stop and ask her why. Like the convenient trip to her office with investigators along when she had no office. Or telling her mother she was on a trip with Caylee for what, 40 days? She would be caught and admit it, get defensive and then go on to a new story without catching a breath. Like the babysitter snatched Caylee but there was no babysitter.

Barry weaves a story believing others are on his side. He never feels “caught” so investigators let him ramble on. He believes his lies and is confident when speaking and never realizing investigators are onto him.

I’m not sure I am explaining this correctly but their psychoses are different but both liars from childhood.

 

[GatorFL]

Possibly.
But with Casey Anthony, she was lying and in such a way as to make investigators stop and ask her why. Like the convenient trip to her office with investigators along when she had no office. Or telling her mother she was on a trip with Caylee for what, 40 days? She would be caught and admit it, get defensive and then go on to a new story without catching a breath. Like the babysitter snatched Caylee but there was no babysitter.

Barry weaves a story believing others are on his side. He never feels “caught” so investigators let him ramble on. He believes his lies and is confident when speaking and never realizing investigators are onto him.

I’m not sure I am explaining this correctly but their psychoses are different but both liars from childhood.

Can't disagree with anything you have said. I guess I am wondering out loud if the lies were off the cuff or planned disinformation.

 

[Nikynoo]

Can't disagree with anything you have said. I guess I am wondering out loud if the lies were off the cuff or planned disinformation.

perhaps he just likes the sound of his own voice?

 

[mrjitty]

I wonder why law enforcement investigators have so many problems in cases like this where the suspects lie so much? Again, Barry took the Casey Anthony approach and said so much crap to the investigators they could hardly keep up. I'm starting to wonder as part of his preplanning did he decide to use this as a strategy? It seems that way.

My theory is it is just how "whoops where's my wife/girlfriend/kid/baby" rolls

It is the hardest staging to execute because as well as acting the part of victim, you need to show run the plot to obscure the crime, and that task keeps changing as law enforcement finds your mistakes.

Ironically, it is probably best to invoke your right to silence from the start, but then your entire social group will know you did it, even if you get away with it.

So I think this is the way someone like BM learned to operate, but murder is a whole different skill level compared to lying to your wife/family/friends/customers.

Especially I think killers tend to assume if the body is not found they are in the clear.

 

[mrjitty]

perhaps he just likes the sound of his own voice?

I think he lies off the cuff, and it is a learned behaviour. I've experienced this personally and it is a lot to do with the power to do it. I wondered if BM is the same.

 

[mrjitty]

Possibly.
But with Casey Anthony, she was lying and in such a way as to make investigators stop and ask her why. Like the convenient trip to her office with investigators along when she had no office. Or telling her mother she was on a trip with Caylee for what, 40 days? She would be caught and admit it, get defensive and then go on to a new story without catching a breath. Like the babysitter snatched Caylee but there was no babysitter.

Barry weaves a story believing others are on his side. He never feels “caught” so investigators let him ramble on. He believes his lies and is confident when speaking and never realizing investigators are onto him.

I’m not sure I am explaining this correctly but their psychoses are different but both liars from childhood.

I think this is a good insight. It is how he has learned to manage situations since he was young most likely. There are people who will tell obvious lies as a way to avoid conflict, even though it will clearly be bad for them sooner than later.

Also as you indicate, I think BM actually does not realise that investigators didn't buy into the core premise. When I've experienced this, I've often wondered if the person is lying more for their own ears.

 

[Love Never Fails]

Can't disagree with anything you have said. I guess I am wondering out loud if the lies were off the cuff or planned disinformation.

Good question. I had never seen anything like Casey Anthony. Jodi Arias came close but Casey was a head spinner. She knew she was guilty. She knew everybody was onto her. Yet she kept being defiant. I think that’s why the prosecutor was over confidant. When the jury gave a verdict of not guilty I ranted for hours. I really wanted to slap them. But I’m in another State. Lol. To this day, I don’t get it.

I believe Barry’s lies are just part of who he is. He believes his lies. Casey did not. He believes people believe him. Even Suzanne finally began to question him and he would walk out on her. He couldn’t believe she didn’t believe him.

Barry knows he is a murderer and a liar but he has had the women in his life baby him for so long. (Sort of like Casey but different.)

He had a sense of entitlement that people take his word. That’s what got him in trouble with LE and CBI. Thank goodness for Grusing.

 

[Love Never Fails]

I think this is a good insight. It is how he has learned to manage situations since he was young most likely. There are people who will tell obvious lies as a way to avoid conflict, even though it will clearly be bad for them sooner than later.

Also as you indicate, I think BM actually does not realise that investigators didn't buy into the core premise. When I've experienced this, I've often wondered if the person is lying more for their own ears.

Great point. He likes his lies. He believes he is a great storyteller. Why shouldn’t strangers believe him? His loved ones have let him get away with this his whole life.

 

[Scootie98]

SM's total communication with the outside world ended at approx 2:47pm on Saturday....Her status was completely dark for the next 14 1/2 hours while in the company of her husband... by BM's own admission, until his departure for Broomfield. Followed again by total darkness ever since. During the 14 1/2 hours...Barry reported "sex, dinner, sleeping with her....and snoring. At no time during this 14 1/2 hours, nor the 16 hours that followed until BM arrived at the bike staging scene, did any one else communicate with Suzanne either. Thats a total of 30 hours. Only Barry reports talking to or seeing Suzanne during this time frame. Lets remember....he did not call her on Mothers Day morning....he texted her. He did not call her number until someone else reported her missing. All of the busy tech activity during the initial 14 1/2 dark phase was tied to Barry, his truck and both spouses' phones...though hers was without communication. Again, while Barry claims to have been in Suzanne's active company. He places himself in the dark place....and stays there until he leaves for Broomfield...He first texted her...then, after prompting...calls her number a couple of times in the afternoon, while housed in a hotel room...working from afar.

Barry put himself in Suzanne's darkness the day before Mothers Day....and remains there to this day.

 

[MassGuy]

I wonder why law enforcement investigators have so many problems in cases like this where the suspects lie so much? Again, Barry took the Casey Anthony approach and said so much crap to the investigators they could hardly keep up. I'm starting to wonder as part of his preplanning did he decide to use this as a strategy? It seems that way.

Naw, he's not that smart. It's clear he thinks and lies on an almost childlike level. He was just arrogant enough to believe he could do to law enforcement what he did his entire life.

A single lie can bury you in front of a jury, and Barry didn't tell just one.

We could do pages and pages on our own favorite lies.