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

[Scootie98]

Husband charged with murder of missing wife in Colorado is also charged with voter fraud for filling out her ballot | CNN

A Colorado man who was recently charged with murder in the disappearance of his wife a year ago has also been charged with voter fraud for voting for Donald Trump in the 2020 presidential election using his wife's mail-in ballot, according to an affidavit.

www.cnn.com

"When FBI agents went to interview Barry Morphew on April 22, 2021, he told them he did it because he wanted Trump to win reelection.
"Barry replied 'Just because I wanted Trump (referring to President Donald Trump) to win,'" and "'I just thought, give him (referring to President Trump) another vote,'" the affidavit said.
Morphew allegedly also said, "I figured all these other guys are cheating" and "I know she (referring to Suzanne Renee Morphew) was going to vote for Trump (referring to President Trump) anyway," according to the affidavit.
He allegedly told investigators that he didn't know it was illegal to vote for your spouse, the affidavit said. .."
- emphasis added
-----------
Ol Barry even thinks a husband can vote in his wife's stead, which certainly aligns with his character.
I think this affidavit is enough to prove he intended for two votes to go to Trump.

There are/were no bounds that Barry sees in his "authority" to make decisions utilizing Suzanne's legal rights. He got the custodial rights to sell property which included her financial interest. Interesting how her half of the sale of real estate did not result in an escrow account with her holdings. Colorado simply took their cue from Indiana and granted him custodail rights to not only sell her assets..but to keep them as well. After all, she had not been declared "legally dead" at that time. Right? At least that was one of his defense team's arguments...yet, he spends her money? With all of this transpiring...why wouldn't casting a simple election vote in Suzanne's name be OK, according to Barry?

 

[legalmomma]

Given all the hype over election fraud in the broader context, I wonder if the state should not throw the book at him, with a view to keeping psychological pressure up. I don't see the point in offering a plea, unless he pleads guilty as sin.

And why not go to trial when they have him admitting the crime, and the documentary evidence of it?

It's not like he has any arguable trial defence.

BBM- Exactly! If there is a plea...that will be very sad since they have every opportunity to find him guilty, of something.

 

[waldojabba]

If Suzanne was, say, in the hospital with broken hands and couldn't mark her own ballot, but directly asked him to mark it for her, then him signing as a witness is probably legal.

If Suzanne marked her own ballot and then asked him to drop it off for her, that might be legal but maybe require his signature (not sure as laws vary state by state).

The part that definitely isn't legal isn't about the signature, but rather that he actually marked the ballot, ie the voting choices, without her direct permission. At least IMO.

The thing that makes me crazy is, she was known to be missing, the case had gotten plenty of publicity by November. So how did he think it would go unnoticed that "she" was submitting a ballot?

I don't actually believe that "he thought he was allowed to" vote for her. I think he thought it would not be noticed among the millions of other details an election entails, in other words he thought he could get away with it.

Considering what else he was in the midst of getting away with, it's really amazing (and says something about his mindset) that he decided to take this risk on top of everything else.

MOO

He knew it was wrong IMO - paraphrasing but he basicallys said, everybody else was cheating - so I figured I would give Trump another vote -since that was who she was gonna vote for anyway. The fool had a better leg to stand on if he just kept his never ending BS to himself. He could have argued that since he had the conservatorship power he thought that afforded him the right to vote on her behalf. He could have then said I was in error and I regeret it. So much easier and cleaner.
But that's not him.
He's a scammer, grifter and liar as well as a killer IMO

 

[Momofthreeboys]

Given all the hype over election fraud in the broader context, I wonder if the state should not throw the book at him, with a view to keeping psychological pressure up. I don't see the point in offering a plea, unless he pleads guilty as sin.

And why not go to trial when they have him admitting the crime, and the documentary evidence of it?

It's not like he has any arguable trial defence.

There are documented cases in Colorado so fairly easy to see the outcomes in terms of sentencing by looking them up. Here's El Paso county info: Voter Fraud - El Paso County Clerk and Recorder at the bottom are the outcomes by year. I would think that defense is trying to negotiate a plea deal on the mail ballot offense perhaps in exchange for not going to trial over the influencing and and the fraud charge...but who knows... just guessing on my part which charges would be more difficult for prosecution or defense in a trial situation...we might know Thursday. A plea deal on mail ballot offense would be a guilty plea. I don't think personally he will get out without pleading guilty to that offense at a minimum and in my opinion while he "might" get off with a jury on one or both of the other charges depending on the prosecution case for those charges should all three charges stick and go to a jury trial. I don't think a jury will let him off the hook for the mail ballot offense at minimum.

 

[justtrish]

Thankfully we have that AA to shed light on what Barry was thinking and when.

Recordings Sheila made of Barry Nov 5th. So this was within a month of when he would have voted for Suzanne. When asked what he thought happened he said either someone took her or she got in their car willingly or she's in a log jam underwater. Later Sheila's husband asked what someone would do with Suzanne and he said keep her in a basement (for 6 months?) or she's underwater.

So I absolutely think why someone votes is important and should be factored in. Someone just voting for a spouse because they won't be voting in an election is one thing. It's still wrong, but a husband voting for a missing possibly murdered wife just because he wants a candidate to win. I don't think many people would even be thinking about elections and putting much concern in it if it's 5-6 months after a spouse vanishes. Now if he was the one to murder her and he knew she wasn't voting, he then don't give a darn about her or who she would vote for and just votes because he has no conscious about what he's done. We can see what he was thinking about around this time because of these recorded conversations with Sheila. He thinks she was taken and being held in a basement or in a log jam.

 

[FromGermany1]

Thankfully we have that AA to shed light on what Barry was thinking and when.

Recordings Sheila made of Barry Nov 5th. So this was within a month of when he would have voted for Suzanne. When asked what he thought happened he said either someone took her or she got in their car willingly or she's in a log jam underwater. Later Sheila's husband asked what someone would do with Suzanne and he said keep her in a basement (for 6 months?) or she's underwater.

So I absolutely think why someone votes is important and should be factored in. Someone just voting for a spouse because they won't be voting in an election is one thing. It's still wrong, but a husband voting for a missing possibly murdered wife just because he wants a candidate to win. I don't think many people would even be thinking about elections and putting much concern in it if it's 5-6 months after a spouse vanishes. Now if he was the one to murder her and he knew she wasn't voting, he then don't give a darn about her or who she would vote for and just votes because he has no conscious about what he's done. We can see what he was thinking about around this time because of these recorded conversations with Sheila. He thinks she was taken and being held in a basement or in a log jam.

bbm

On the other hand he hadn't to "think", because he certainly knew, what happened to her. Actually he probably used the circumstance, that Suzanne was declared as "incapacitated" (not dead) and that he was her "guardian".

CrimeOnline obtained documents from Hamilton Superior Court in Hamilton County, Indiana, showing that Barry Morphew filed a petition for guardianship of Suzanne Morphew on June 1.

Barry Morphew files for guardianship of missing wife Suzanne Morphew

The husband of a Colorado woman who has been missing since May 10 has filed for guardianship of Suzanne Morphew in Indiana, where the couple lived with their two daughters until they moved to central Colorado in 2018. The 49-year-old woman was reported missing less than a month ago when she...

www.crimeonline.com

 

[Momofthreeboys]

bbm

On the other hand he hadn't to "think", because he certainly knew, what happened to her. Actually he probably used the circumstance, that Suzanne was declared as "incapacitated" (not dead) and that he was her "guardian".

CrimeOnline obtained documents from Hamilton Superior Court in Hamilton County, Indiana, showing that Barry Morphew filed a petition for guardianship of Suzanne Morphew on June 1.

Barry Morphew files for guardianship of missing wife Suzanne Morphew

The husband of a Colorado woman who has been missing since May 10 has filed for guardianship of Suzanne Morphew in Indiana, where the couple lived with their two daughters until they moved to central Colorado in 2018. The 49-year-old woman was reported missing less than a month ago when she...

www.crimeonline.com

Yes, the house they sold in Indiana precipitated the guardianship in Indiana in order to close on the sale. The sale agreement occurred before she went missing and the final legal closing after she went missing and he needed legal authority to sign on her behalf. The house was in both their names. States have their own requirements for transferring guardianship but Colorado and Indiana participate in reciprocity through the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

 

[legalmomma]

Dbm

 

[justtrish]

bbm

On the other hand he hadn't to "think", because he certainly knew, what happened to her. Actually he probably used the circumstance, that Suzanne was declared as "incapacitated" (not dead) and that he was her "guardian".

CrimeOnline obtained documents from Hamilton Superior Court in Hamilton County, Indiana, showing that Barry Morphew filed a petition for guardianship of Suzanne Morphew on June 1.

Barry Morphew files for guardianship of missing wife Suzanne Morphew

The husband of a Colorado woman who has been missing since May 10 has filed for guardianship of Suzanne Morphew in Indiana, where the couple lived with their two daughters until they moved to central Colorado in 2018. The 49-year-old woman was reported missing less than a month ago when she...

www.crimeonline.com

Oh yes, I believe he killed her, hid her body, went on with life. If we look at the voting charge as if he is innocent of her murder and he has no idea what happened or where she is. His statements around that time make no sense for his conclusion he was allowed to vote for her. Who is really this distraught about a missing wife and thinks she could be in the water or in someone's basement held against her will and then decides he should vote for her? Now if he killed her, makes sense to me he would vote for her, he doesn't care about laws, her life, or anything else.

 

[DizzyB]

Same guy who decided Suzanne wouldn’t be needing a car anymore decided to cast a ballot for her.

 

[Megnut]

Same guy who decided Suzanne wouldn’t be needing a car anymore decided to cast a ballot for her.

Or her baby blue biking jacket.

I guess it wasn't too soon for that.

JMO

 

[Seattle1]

Obvious case of voter fraud.

The test isn't whether he thought he was allowed to, as we have seen in other cases where disqualified voters have attempted to vote in good faith and been convicted.

Clearly he attempted to vote for another person, with the intent that the vote count - which is a criminal offence.

That he wasn't dumb enough to forge her signature goes to penalty. i.e. it would have been worse if he had done that.

I think we discussed this charge thoroughly back in thread #63. I agree with the unrelated DA's comment below about proving criminal intent --
especially when BM was running around the country exercising his power of court-appointed legal Guardian over SM.

“They don’t make really good criminal cases because it’s difficult to prove criminal intent, that there was a knowing violation of election law,” District Attorney John Newsome said.

Hundreds in Colorado investigated for voter fraud

Also, back in 2016, when a former Party Chair in Weld County was convicted at trial of actually signing his estranged wife's ballot (not as a witness), he was sentenced to four years of probation and 300 hours of community service for voter fraud.

In other words, I think there's already a precedent here for punishment in Colorado for voter fraud. In this case, the prosecution used DNA evidence and handwriting analysis to convict the husband.

Former Colorado GOP chairman sentenced for voter fraud

The Weld County District Attorney's Office investigated and, using DNA evidence and handwriting analysis, alleged that Steve Curtis forged his wife's name on her ballot and mailed it to the clerk's office

www.cbsnews.com

It would be crazy for IE not to settle this. But she's probably asking for complete vindication and a monument in the park. MOO

 

[Momofthreeboys]

I think we discussed this charge thoroughly back in thread #63. I agree with the unrelated DA's comment below about proving criminal intent --
especially when BM was running around the country exercising his power of court-appointed legal Guardian over SM.

“They don’t make really good criminal cases because it’s difficult to prove criminal intent, that there was a knowing violation of election law,” District Attorney John Newsome said.

Hundreds in Colorado investigated for voter fraud

Also, back in 2016, when a former Party Chair in Weld County was convicted at trial of actually signing his estranged wife's ballot (not as a witness), he was sentenced to four years of probation and 300 hours of community service for voter fraud.

In other words, I think there's already a precedent here for punishment in Colorado for voter fraud. In this case, the prosecution used DNA evidence and handwriting analysis to convict the husband.

Former Colorado GOP chairman sentenced for voter fraud

The Weld County District Attorney's Office investigated and, using DNA evidence and handwriting analysis, alleged that Steve Curtis forged his wife's name on her ballot and mailed it to the clerk's office

www.cbsnews.com

It would be crazy for IE not to settle this. But she's probably asking for complete vindication and a monument in the park. MOO

I don’t agree that she is after vindication at all. I do think a plea deal was/is a legitimate effort. I do think they would take their chance with either a jury or bench trial depending on what prosecution has to support the other two charges if a plea deal can’t be worked out.

 

[Seattle1]

I don’t agree that she is after vindication at all. I do think a plea deal was/is a legitimate effort. I do think they would take their chance with either a jury or bench trial depending on what prosecution has to support the other two charges if a plea deal can’t be worked out.

If you don't agree IE sees vindication, what do you think the defense believes can be proven here of the three charges?

• Forgery - government-issued document
• Attempt to influence a public servant
• Elections - mail ballot offense (misdemeanor)

 

[Momofthreeboys]

If you don't agree IE sees vindication, what do you think the defense believes can be proven here of the three charges?

• Forgery - government-issued document
• Attempt to influence a public servant
• Elections - mail ballot offense (misdemeanor)

I have no idea how defense would prosecute forgery since he never forged the ballot technically and we have no details that could give an educated guess to prosecution strategy. I don’t know how they intend to prosecute the influencing for the same reason..We just don’t know what they intend to use for evidence. That is why I am thumbs up on the mail ballot plea. He said he did sign his name on the witness line and turned the ballot in but I am assuming he mailed it also. I think if it went to trial defense will claim there was technically no forgery and there was technically no influencing. But it is all speculation on my part. It follows the DA pattern we saw with the murder case and SD’s trespassing case with many charges filed for some reason some that stick and some that get dropped. I think it was fraud only. We will know soon enough and I am sure Barry’s team has their motions to obtain all the disclosure for all 3 charges sitting ready to trigger if they can’t work out a plea.

 

[mom2chloe]

I think we discussed this charge thoroughly back in thread #63. I agree with the unrelated DA's comment below about proving criminal intent --
especially when BM was running around the country exercising his power of court-appointed legal Guardian over SM.

“They don’t make really good criminal cases because it’s difficult to prove criminal intent, that there was a knowing violation of election law,” District Attorney John Newsome said.

Hundreds in Colorado investigated for voter fraud

Also, back in 2016, when a former Party Chair in Weld County was convicted at trial of actually signing his estranged wife's ballot (not as a witness), he was sentenced to four years of probation and 300 hours of community service for voter fraud.

In other words, I think there's already a precedent here for punishment in Colorado for voter fraud. In this case, the prosecution used DNA evidence and handwriting analysis to convict the husband.

Former Colorado GOP chairman sentenced for voter fraud

The Weld County District Attorney's Office investigated and, using DNA evidence and handwriting analysis, alleged that Steve Curtis forged his wife's name on her ballot and mailed it to the clerk's office

www.cbsnews.com

It would be crazy for IE not to settle this. But she's probably asking for complete vindication and a monument in the park. MOO

And making bank along the way defending Barry against all this alleged BS lol

 

[DeDee]

Yes, the house they sold in Indiana precipitated the guardianship in Indiana in order to close on the sale. The sale agreement occurred before she went missing and the final legal closing after she went missing and he needed legal authority to sign on her behalf. The house was in both their names. States have their own requirements for transferring guardianship but Colorado and Indiana participate in reciprocity through the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Oh, how very convenient for ole Barry to get rid of Suzanne so that only he receives the profits from their Indiana home. Then, seeks guardianship in Colorado so he could sell the PP home, that she and her father invested in, plus sell her Range Rover.

This unscrupulous activity shows me clearly, and beyond a doubt, that Barry knew he was going to murder Suzanne before he loaded his Clampett trailer and drove to Salida. The items he didn't want to take, he buried in the ground of the Indiana home just as he, more than likely, buried his betrothed, that he perceived as his personal property, in the hills of Colorado.

BM washed his greedy hands of her just that easily; just as he planned to do all along, because she had most of the money in the marriage. He knew he wasn't going to change in order to please her in Colorado. Screw those hopes of Suzanne's. That wasn't going to happen. He surely didn't want to split the money. He wanted to hoard all of it including Suzanne's daughters.

I rue the day, bitterly regret the day, that I learned about this vicious figure and the way he brutally murdered his lovely wife.

 

[BeckyF]

Oh, how very convenient for ole Barry to get rid of Suzanne so that only he receives the profits from their Indiana home. Then, seeks guardianship in Colorado so he could sell the PP home, that she and her father invested in, plus sell her Range Rover.

This unscrupulous activity shows me clearly, and beyond a doubt, that Barry knew he was going to murder Suzanne before he loaded his Clampett trailer and drove to Salida. The items he didn't want to take, he buried in the ground of the Indiana home just as he, more than likely, buried his betrothed, that he perceived as his personal property, in the hills of Colorado.

BM washed his greedy hands of her just that easily; just as he planned to do all along, because she had most of the money in the marriage. He knew he wasn't going to change in order to please her in Colorado. Screw those hopes of Suzanne's. That wasn't going to happen. He surely didn't want to split the money. He wanted to hoard all of it including Suzanne's daughters.

I rue the day, bitterly regret the day, that I learned about this vicious figure and the way he brutally murdered his lovely wife.

Bravo!

 

[Seattle1]

I have no idea how defense would prosecute forgery since he never forged the ballot technically and we have no details that could give an educated guess to prosecution strategy. I don’t know how they intend to prosecute the influencing for the same reason..We just don’t know what they intend to use for evidence. That is why I am thumbs up on the mail ballot plea. He said he did sign his name on the witness line and turned the ballot in but I am assuming he mailed it also. I think if it went to trial defense will claim there was technically no forgery and there was technically no influencing. But it is all speculation on my part. It follows the DA pattern we saw with the murder case and SD’s trespassing case with many charges filed for some reason some that stick and some that get dropped. I think it was fraud only. We will know soon enough and I am sure Barry’s team has their motions to obtain all the disclosure for all 3 charges sitting ready to trigger if they can’t work out a plea.

^^BBM

I presume OP means how the state will prosecute forgery and not how the defense will prosecute the charge.

It also doesn't follow for OP to cite as fact whether or not the defense seeks complete vindication if one doesn't understand the meaning of the charges.

For example, it's incorrect to take a charge such as "forgery" and attempt a literal or dictionary definition of forgery versus referencing the criminal code to understand the actual definition of the applicable law.

Under CRS 18-5-102, Colorado law defines the crime of forgery as making, completing, altering or uttering (offering as true) falsified documents with an intent to defraud. The offense may be filed as a misdemeanor or a felony depending on the circumstances.

Forgery here is a Class 5 Felony - punishable by:

• 1 – 3 years in prison (with 2 years of mandatory parole), and/or
• $1,000 – $100,000

BM offered up SM's fraudulent ballot to the county clerk-recorder when every ballot measure and candidates he marked on SM's ballot was a forgery. Then, after acting as imposter, BM doubled down with his signature, attesting he witnessed SM's ballot, and SM the eligible elector.

CRS 18-8-306 provides, in pertinent part, that: “[a]ny person who attempts to influence any public servant by means of deceit with the intent thereby to alter or affect the public servant’s decision, vote, opinion, or action concerning any matter which is to be considered or performed by him commits a class 4 felony.”

Class 4 Felony - punishable by:

• 2 – 6 years in prison, and/or
• $2,000 – $500,000
• 3 years of mandatory parole

The charge is self-explanatory. BM submitted a fraudulent ballot to the county clerk-recorder/election official hoping to influence the election results. When asked why he submitted the fraudulent ballot, BM said he wanted to give Trump one more vote because he wanted him to win the presidential election.

While I don't know if the right to possess a gun in Colorado differentiates between violent and non-violent felony convictions (such as forgery or an attempt to influence any public servant) but I think we know BM values his right to hunt more than anything -- including his wife.

Since the alleged felonies above are punishable by more than 12 months, I believe BM would be deemed a prohibited person for federal gun possession pursuant to 18 U.S.C. § 921(a)(20).

I never saw BM committing suicide over SM but I can see him taking his life over his inability to keep his guns.

IMO, BM and his defense need the felonies to vanish. MOO

Forgery – Colorado Law & Penalties – CRS § 18-5-102

https://youtu.be/feyv4KqgUhs Under CRS § 18-5-102, Colorado law defines the crime of forgery as making, completing, altering or uttering (offering up) falsified documents with an intent to defraud. The offense may be filed as a misdemeanor or a felony depending on the circumstances. Examples of...

www.shouselaw.com

"Bribery" Laws - Colorado Law & Penalties - CRS 18-8-302

In Colorado, offering money or another benefit to a public official to influence their actions is bribery. Offering a bribe or asking for a bribe is a felony. The penalties for bribery of a public official include up to 12 years in prison and a fine of up to $750,000. In this article, our Denver

www.shouselaw.com

 

[Kemug]

SUZANNE will be found. I don’t know when, but she will.

RSBM
But not living her best life in Ecuador.