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

[justtrish]

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

Absolutely!

If we try to give Barry the benefit of doubt. Let's just say he is a pathological liar that had a marriage in the crapper and he wanted to hide that and let's even say he likes playing games and so lying to the police initially made him feel powerful. He's getting his kicks from that.

SO if he really is innocent of all wrong doing and knows ZERO about where Suzanne is, what happened, when it happened, etc.. then WHY not say that once his butt is in the hot seat?

Maybe by the second or third interview.. hey I lied about our marriage because I was still hoping to save it, I figured she'd be found and didn't want our business out there for everyone to know. I was really at the job site to get away from her because we were arguing. I laid around the hotel because I didn't want to be home. I was giving her space since it was Mother's Day and all we do is argue.

WOW that would be believable and even understandable and the focus could resume to figuring out who, when and why right?

He didn't do that because his lies are hiding the truth that he killed her.

There is a difference and I'm sure plenty of people lie to the police or maybe sugar coat things and leave out messy things because they are embarrassed and don't want all their business they aren't proud of to be in the news. But, once this goes on a few days and she isn't found and all focus is on him, IF HE WAS INNOCENT, he would have came clean. Our marriage was off course, she wanted a divorce, we've been arguing this week, I just wanted to get out of town early and clear my head. Nope nope nope. He did it and there is no way to explain away his lies.

 

[justtrish]

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.

It's my opinion that he believed the focus would be off of him after the first day. I think he was counting on the girls arriving home and not finding her (which I find even more disturbing that this was okay with him) and sounding the alarm much later in the day maybe even late night. They were worried when they couldn't reach her though and called him, then he had to plant the idea in Mrs. Ritter's head to look for her bike. Now that the bike seems staged and not really just crashed, it's suspicious that he pointed that possibility out. LE didn't rule him out and instead turned up the fire so he kept lying. I don't think that was part of any strategy he had. I think he really believed that LE would go down the mountain lion took her or a stranger took her path and not look back.

 

[Jayhawk]

It's my opinion that he believed the focus would be off of him after the first day. I think he was counting on the girls arriving home and not finding her (which I find even more disturbing that this was okay with him) and sounding the alarm much later in the day maybe even late night. They were worried when they couldn't reach her though and called him, then he had to plant the idea in Mrs. Ritter's head to look for her bike. Now that the bike seems staged and not really just crashed, it's suspicious that he pointed that possibility out. LE didn't rule him out and instead turned up the fire so he kept lying. I don't think that was part of any strategy he had. I think he really believed that LE would go down the mountain lion took her or a stranger took her path and not look back.

He knew that he would be suspected in a disappearance unless he had this rock solid alibi that involved a staged work site and a staged biking accident with an initial cougar attack.

 

[CGray123]

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.

I'm not finding data comparing the guilt/behavior of CaseyA and BM. I wish OP would explain instead of stating conclusions and feelings without factual support.

 

[justtrish]

He knew that he would be suspected in a disappearance unless he had this rock solid alibi that involved a staged work site and a staged biking accident with an initial cougar attack.

I think he tried a little too hard and missed many things or he didn't really try or think through all the things. Why would he tell MG that he new how to get rid of a body, why tell her he was going home to hike or bike.. he did neither and instead went to replace a blade on his bobcat.. those 2 things are as opposite as they can be and we see in the texts that Suzanne isn't the one that said, no I don't want to hike, she instead replied suggesting she was good with that. He then changed from driving up Sunday night with MG to leaving her hanging and going early that morning. He really is sad how sloppy it all is and he still walks free now.

 

[Hatch]

I don't think it's guilt, as it's clear that he let himself off the hook; Suzanne's affair gave him that out.

I think he physically aged because of the stress of being under investigation, and I guess you can't roll that clock back...

IMO this has not gone as he had hoped and planned. He knows the wolf is at the door and the stress of not knowing when he is going to get attacked And ripped to shreds! We can only hope. He is a guilty so and so.

 

[Momofthreeboys]

IMO this has not gone as he had hoped and planned. He knows the wolf is at the door and the stress of not knowing when he is going to get attacked And ripped to shreds! We can only hope. He is a guilty so and so.

I'm still not convinced this was "planned". There just aren't enough actual facts in my opinion to support the concept that it was pre-planned and why I think the prosecution would have had an easier go of it as manslaughter.

 

[CGray123]

I'm still not convinced this was "planned". There just aren't enough actual facts in my opinion to support the concept that it was pre-planned and why I think the prosecution would have had an easier go of it as manslaughter.

The element of murder in the first degree in this case is "deliberation," not planning. Judge M's finding of probable cause included this required element, which simply means BM didn't act in the heat of the moment: he thought about killing SM before he did it. Essentially, Judge M heard sufficient admissible evidence that reasonable minds might accept as adequate to conclude beyond a reasonable doubt that BM (1) had caused the death of SM,(2) that he intended that result, and (3) that he had acted "after deliberation." Section 18-2-102(1)(a), CRS.

Judge M, under the false impression that there was DNA evidence of a possible alternate suspect, did say that he could not therefore find that BM's conviction was likely on the evidence he heard (the finding he would have to make to deny bond). But evidence presented in the February hearings showed the alternate suspect had been cleared. Had the prosecution waited for this evidence, their effort to deny BM bail would have succeeded.

All MOO.

 

[Momofthreeboys]

The element of murder in the first degree in this case is "deliberation," not planning. Judge M's finding of probable cause included this required element, which simply means BM didn't act in the heat of the moment: he thought about killing SM before he did it. Essentially, Judge M heard sufficient admissible evidence that reasonable minds might accept as adequate to conclude beyond a reasonable doubt that BM (1) had caused the death of SM,(2) that he intended that result, and (3) that he had acted "after deliberation." Section 18-2-102(1)(a), CRS.

Judge M, under the false impression that there was DNA evidence of a possible alternate suspect, did say that he could not therefore find that BM's conviction was likely on the evidence he heard (the finding he would have to make to deny bond). But evidence presented in the February hearings showed the alternate suspect had been cleared. Had the prosecution waited for this evidence, their effort to deny BM bail would have succeeded.

All MOO.

I agree with the idea that it was deliberate at that moment in time so falls under the definition of murder one, but I just don’t see evidence that he was out months or weeks prior digging a site or was making plans to murder his wife.

 

[MassGuy]

I agree with the idea that it was deliberate at that moment in time so falls under the definition of murder one, but I just don’t see evidence that he was out months or weeks prior digging a site or was making plans to murder his wife.

Nope, he wasn't. The divorce text, which he deleted, triggered this whole thing. There is no evidence that he planned this months in advance.

This all happened within the span of a week, which gives me hope that they can find her.

 

[waldojabba]

The element of murder in the first degree in this case is "deliberation," not planning. Judge M's finding of probable cause included this required element, which simply means BM didn't act in the heat of the moment: he thought about killing SM before he did it. Essentially, Judge M heard sufficient admissible evidence that reasonable minds might accept as adequate to conclude beyond a reasonable doubt that BM (1) had caused the death of SM,(2) that he intended that result, and (3) that he had acted "after deliberation." Section 18-2-102(1)(a), CRS.

Judge M, under the false impression that there was DNA evidence of a possible alternate suspect, did say that he could not therefore find that BM's conviction was likely on the evidence he heard (the finding he would have to make to deny bond). But evidence presented in the February hearings showed the alternate suspect had been cleared. Had the prosecution waited for this evidence, their effort to deny BM bail would have succeeded.

All MOO.

Great recap of the actual narrative. I believe, that the judge can also instruct the jury to consider a lesser charge in Colorado? I am responding to you as I am sure you will know whether they can or not - I know we went over the topic many threads ago. Thanks for helping !

 

[CGray123]

Great recap of the actual narrative. I believe, that the judge can also instruct the jury to consider a lesser charge in Colorado? I am responding to you as I am sure you will know whether they can or not - I know we went over the topic many threads ago. Thanks for helping !

Any future case could include what could be described as lesser charges from the beginning (e.g. 2nd Degree Murder). This would be in the prosecution's discretion. The DA could move to add a lesser charge after the defendant's plea of not guilty, but the court could deny the motion if the addition would put the defense at significant disadvantage (e.g. adding a charge at the last minute). I can't see the court usurping prosecutorial discretion by ordering the addition of a charge on its own.

 

[CGray123]

I agree with the idea that it was deliberate at that moment in time so falls under the definition of murder one, but I just don’t see evidence that he was out months or weeks prior digging a site or was making plans to murder his wife.

From what I've seen and read, planning is not one of BM's strengths . But his deliberation doesn't have to be brilliant or extensive to satisfy the First Degree Murder element.

 

[MassGuy]

From what I've seen and read, planning is not one of BM's strengths . But his deliberation doesn't have to be brilliant or extensive to satisfy the First Degree Murder element.

He was creeping around the backyard for a reason, during that fateful afternoon. That either was the trigger, or it was part of his premeditation.

 

[Megnut]

Barry was barry, barry busy Friday night ... facebooking jeffs.... and chasing down wayward yogis, after trying really hard that afternoon to woo Suzanne (IMO lure her out of her comfort zone and into one of his).

And he was agitated (my word) at the beach site on Saturday morning (watching his indoor trail cams?) so his brains might already have been spinning.

Suzanne wasn't likely sunbathing at 10 am but she might've been in the bonus room, under surveillance.

Whatever was in his head, IMO, by 2:44, he was incensed -- and loaded for bear, with a syringe/sheath in his pocket.

He wasn't tranqueing chipmunks.

FWIW I don't think he (pre)planned the bike ruse. I think Suzanne was getting ready for her afternoon ride when he arrived (and that's what gave him the idea). I think it's highly likely that Suzanne was only half dressed. Why do I think that? Because her bike shorts were still in her closet. Oh, oh oversight. Methinks that, unaccustomed to picking up after anyone, Barry never looked in her closet when tidying up his crime scene. It warms my heart to think of his inhale, during the LE walk through, when her bike shorts were laying right there. Sure she might've had others, including the pair Barry thought he saw in the laundry, but still, it's a hard pedal to peddle when your wife, supposedly lost on a bike ride, seems to have left without her nearest knickers.

IMO Barry never looked in her closet because no part of the crime occurred there. If he had looked in there, I'm certain those shorts would've joined her jacket in a dumpster.

I'm also certain that Barry had plenty of time to decide not to do what he decided to do.. Even once he started.

The gouges IMO prove it.

Murder 1 was the right charge before, it'll be the right charge when it's refiled.

JMO

 

[waldojabba]

From what I've seen and read, planning is not one of BM's strengths . But his deliberation doesn't have to be brilliant or extensive to satisfy the First Degree Murder element.

I agree the planning is not one of his strengths but he certainly did plan a lot of hunting trips. IMO Killing during hunting is something that is second nature to him almost instinctual , after doing it so many many times since being a child. IMO it took little planning to go from hunting and killing animals to hunting and killing his wife. I do believe the wheels were set in motion with her emails earlier that week and her lack of "loving" response when he inicated that he was about to leave his mortal flesh aka kill himself.
There may have been a another triggering event before he acted as if I recall correctly one of his workers said Barry always watched the camera's during the day from his phone. It does not take a far leap to think that tiny camera might have been in use in the master bedroom/bonus room area.
I also suspect he had played out the fantasy of murdering her in his mind many many times. Even maybe back to Indiana.

This discussion reminds me that Iris and her posse initally tried to have the charges dropped to manslaughter iirc.
Full circle on this one IMO

 

[justtrish]

He was creeping around the backyard for a reason, during that fateful afternoon. That either was the trigger, or it was part of his premeditation.

I think this moment is key and possibly something earlier that morning that got him fired up. Wasn't the work day ended sorta early? Isn't that why he told MG he has to go home and make his wife happy. If that is what he was doing, then why text Suzanne no about hiking when he just told MG he was going home to hike. Then he went right home, but wandered the property. He didn't say that at first to LE, he said he was having lunch with Suzanne so I think you are right. Whatever he was really doing during that time was either the final straw (maybe he was looking at cameras he was looking at FB or something and just stewing or he already had the plan in mind and he was finalizing the plan while he wandered around. I'm leaning toward he already decided at this point because I think he had decided before he called that day to the backhoe guy about looking at the attachment. I don't think that was a random decision to do that this specific day. I think he was trying to make Saturday look like a normal work day and he needed to be seen or needed his locations to be doing work things. I believe he thought it would look better for him if he's inquiring about the attachment, going to change the blade, worked that morning, etc. I don't know if he had another motive for that attachment or the blade change, maybe when he did that he left something loose or removed the SIM or who knows with this guy.

 

[justtrish]

I agree the planning is not one of his strengths but he certainly did plan a lot of hunting trips. IMO Killing during hunting is something that is second nature to him almost instinctual , after doing it so many many times since being a child. IMO it took little planning to go from hunting and killing animals to hunting and killing his wife. I do believe the wheels were set in motion with her emails earlier that week and her lack of "loving" response when he inicated that he was about to leave his mortal flesh aka kill himself.
There may have been a another triggering event before he acted as if I recall correctly one of his workers said Barry always watched the camera's during the day from his phone. It does not take a far leap to think that tiny camera might have been in use in the master bedroom/bonus room area.
I also suspect he had played out the fantasy of murdering her in his mind many many times. Even maybe back to Indiana.

This discussion reminds me that Iris and her posse initally tried to have the charges dropped to manslaughter iirc.
Full circle on this one IMO

Really? I missed that about Iris trying to reduce to Manslaughter. I guess that is just being a good defense attorney to have a lesser charge would mean more time if he was convicted, but in my mind if I was innocent, I wouldn't like the look of this one. It seems like suggesting a lesser charge is like saying it was really manslaughter.

 

[Love Never Fails]

Barry was barry, barry busy Friday night ... facebooking jeffs.... and chasing down wayward yogis, after trying really hard that afternoon to woo Suzanne (IMO lure her out of her comfort zone and into one of his).

And he was agitated (my word) at the beach site on Saturday morning (watching his indoor trail cams?) so his brains might already have been spinning.

Suzanne wasn't likely sunbathing at 10 am but she might've been in the bonus room, under surveillance.

Whatever was in his head, IMO, by 2:44, he was incensed -- and loaded for bear, with a syringe/sheath in his pocket.

He wasn't tranqueing chipmunks.

FWIW I don't think he (pre)planned the bike ruse. I think Suzanne was getting ready for her afternoon ride when he arrived (and that's what gave him the idea). I think it's highly likely that Suzanne was only half dressed. Why do I think that? Because her bike shorts were still in her closet. Oh, oh oversight. Methinks that, unaccustomed to picking up after anyone, Barry never looked in her closet when tidying up his crime scene. It warms my heart to think of his inhale, during the LE walk through, when her bike shorts were laying right there. Sure she might've had others, including the pair Barry thought he saw in the laundry, but still, it's a hard pedal to peddle when your wife, supposedly lost on a bike ride, seems to have left without her nearest knickers.

IMO Barry never looked in her closet because no part of the crime occurred there. If he had looked in there, I'm certain those shorts would've joined her jacket in a dumpster.

I'm also certain that Barry had plenty of time to decide not to do what he decided to do.. Even once he started.

The gouges IMO prove it.

Murder 1 was the right charge before, it'll be the right charge when it's refiled.

I agree with your thoughts. I call the murder premeditated. I believe he gave a lot of thought to ridding himself of the arguments about money and her affair only made him premeditate more. The only thing Barry wasn’t able to do is plan the perfect alibi. The moment he read her text saying she was done, he knew he had to follow through because he had lost control of her.

 

[Love Never Fails]

Somehow my post above became part of Megnut’s post. I’m sorry. Not sure how that happened.