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

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For me there is a middle ground...not everything is connected and related...some is and some isn't. For me it's not an all or nothing proposition creating what people call a "slam dunk" case. I think that is why in the middle of the preliminary some people were hoping for a "smoking gun" but cases like these are pretty rare overall I think.
People on WS understand that no-body murder cases are challenging and that all trials have an element of unpredictability. Most of us who read the AA are personally convinced of BM's guilt, and hope that BM is ultimately held to account. The idea of the "slam dunk case" is a straw man fallacy that some folks use to make themselves appear reasonable and logical by comparison. It's an insult to the intelligence of all readers here.
 
For some reason this reninds me of Barry's odd device usage. That pairing with a device few times compared to bountiful times of another. Can't help but wonder if he ever paired with it after 5/10.

Guessing he didn't need to anymore.

JMO
Looks like he used it until 5/12. Here is a compilation of the 2nd device and Barry's airplane mode 'ON' shenanigans, with some context surrounding them.

5/05/2020 Tuesday (day Suzanne brings MM2 to Gunnison for trip)
(12:48:34 PM) – 2nd device asso w/ BM’s iphone

05/08/2020 Friday (pizza night, beach property night?, Barry's night outside by the river)
(3:43:44 PM) – 2nd device asso w/ BM’s iphone via SMS text

05/09/2020 Saturday (Suzanne’s last proof of life)
  • (12:06 AM to 6:46 AM) (~7 hours) – AIRPLANE MODE ON
  • (2:44 PM) Last proof of life photo sent to Libler, and Barry arrives home
  • (2:47 PM to 10:17 PM) (~7.5 hours) – AIRPLANE MODE ON
05/10/2020 Sunday: (Mother’s Day)
  • (3:58 AM to 4:07 AM) (9 mins) – BMs phone moves from residence to 225/50 intersection (near where bike found)
  • (4:22 AM) – SMs phone last pinged ~11.5 miles west of tower (or ~3 miles west of house)
  • (4:32 AM to 5:37 AM) (~ 1 hour) – BM gets back to residence, turns AIRPLANE MODE ON – drives to Garfield area, then he’s at Johnson Village near Buena Vista at 5:37 AM
  • (8:47:28 AM) – 2nd device asso w/ BM’s iphone (immediately after check-in at hotel)
  • (11:50:52 AM) – 2nd device asso w/ BM’s iphone (right before leaving hotel to go to Via Vara worksite)
05/11/2020 Monday: (BM interrogated early morning hours, search day 1)
  • (1:47 AM to 1:58 AM) (11 mins) – AIRPLANE MODE ON
  • (7:54:50 AM) – 2nd device asso w/ BM’s iphone
  • (8:14:29 AM) – 2nd device asso w/ BM’s iphone
  • (9:07 AM to 12:01 PM) (~ 3 hours) – AIRPLANE MODE ON
  • (5:44:42 PM) – 2nd device asso w/ BM’s iphone
  • Andy Moorman arrives late PM
05/12/2020 Tuesday: (search day 2)
  • Andy Moorman and Barry at bicycle site in morning
  • (9:41 AM to 12:50 PM) (~ 3 hours) – AIRPLANE MODE ON
  • (5:58:11 PM) – 2nd device asso w/ BM’s iphone
So he pairs this 2nd device with his phone as soon as he checks into the hotel, and right before leaving the hotel to pretend to work at the wall in Broomfield. Then, on search day 1, he pairs it twice in the morning, presumably before heading out to search (IMO). Then he does it again at the end of the search day (IMO), and lastly pairs it on search day 2 at the end of the day (IMO). What the heck is he using this device for? Seems like he might be texting someone at these times but I never really thought he would trust someone to have an accomplice. I just don't know...

It's also interesting to note that on both search day 1 & 2, he puts his phone into AIRPLANE MODE for ~3 hours each morning. Wonder what he was up to and who, if anyone, was with him "searching" at the time? If innocent, highly doubtful he'd put his phone in AIRPLANE MODE, as he'd want to hear immediately if someone found her.

Data above collated from AA
AA
 
Yup, that's exactly what I'm talking about.

The equipment alone seems suspect. Backhoe. Possible alternate Bobcat. Possible alternate SIM card.

But things are not always as they seem with this guy.

It's the: What Are We Missing I'm after.

The guy (not Barry) owned a backhoe. What else did he own? (I'm not sleuthing, not asking anyone to sleuth. I mean only in relation to Barry! How did Barry USE him?) Did this guy work a trade anywhere near a location Barry intended to go later? How did the information he provided (backhoe was there but he was not!) serve Barry? And specifically that day!

IMO it's related somehow. Alternate equipment, unmanned jobsite, something.

JMO
The town is small. Many hats for contractors, their family and friends. Job referrals, equipment sales, spa stores, gym friends, VFD, hunting all intertwined.
 
Is there A LOOP Barry could have made on the morning of 5/10 to account for the missing ~14 miles and roughly half hour?

We never heard about any vehicle data associated with truck windows opening and closing (helmet).... so maybe there were other events? Multiple stops (trash dumps) before leaving town? The phone? Staged clothing? The helmet?

Didn't he cop to stopping somewhere on account of something blowing out of his truck bed? (A Tsplain) Could he have been covering for a full stop and vehicle exit during the 14 miles detour?
 
Is there A LOOP Barry could have made on the morning of 5/10 to account for the missing ~14 miles and roughly half hour?

We never heard about any vehicle data associated with truck windows opening and closing (helmet).... so maybe there were other events? Multiple stops (trash dumps) before leaving town? The phone? Staged clothing? The helmet?

Didn't he cop to stopping somewhere on account of something blowing out of his truck bed? (A Tsplain) Could he have been covering for a full stop and vehicle exit during the 14 miles detour?
He doesn't specify if this stop was during that left turn, or on the way to Broomfield. Page 74:

Barry said, "Yeah, I didn't. I turned around there. I turned, I, I went that way because I saw those elk. They were in road right there, before I got up to 50. And I let 'em cross and then there was one good bull in there and I like, 'Man.' And I just missed seeing how good he was. Yeah know, I'm a hunter and I just wanted to see him and I just turned that way to look at him. That's, yeah, that's, that's the only thing and when I went to Broomsfield, I told Joe and Derek everywhere I stopped. I had crap blowing out of the truck, I pull over at one spot, got my truck situated, went off. .. "
 
May 4, 2020
4:05pm Barry calls Suzanne's ph 3 times. This was the first logged call in Barry’s phone to or from Suzanne since February 7, 2020


Looks like he used it until 5/12. Here is a compilation of the 2nd device and Barry's airplane mode 'ON' shenanigans, with some context surrounding them.

5/05/2020 Tuesday (day Suzanne brings MM2 to Gunnison for trip)
(12:48:34 PM) – 2nd device asso w/ BM’s iphone
Suzanne drives MM2 to Gunnison.

05/08/2020 Friday (pizza night, beach property night?, Barry's night outside by the river)
(3:43:44 PM) – 2nd device asso w/ BM’s iphone via SMS text
05/06/2020 Suzanne texts: I'm done. I could care less what you're up to and have for years.

05/08/2020 Suzanne's ph backs up list of 50 reasons why she wanted to end the marriage.

Suzanne texts to sister, Melinda “It’s hard dealing with the harsh abrasiveness and having to show respect. He’s also been abusive, emotionally and physically. There’s so much … I went thru a period of acceptance and I feel more angry now. Anger at what I’ve allowed.”

10:55 Barry texts: I love you, Suzanne.


05/09/2020 Saturday (Suzanne’s last proof of life)
  • (12:06 AM to 6:46 AM) (~7 hours) – AIRPLANE MODE ON
  • (2:44 PM) Last proof of life photo sent to Libler, and Barry arrives home
  • (2:47 PM to 10:17 PM) (~7.5 hours) – AIRPLANE MODE ON

7:22 - 7:39 Barry is at Tailwinds
7:35 Suzanne texts Shelia about Sunday's wedding
9:50 Barry texts Suzanne: Want to go on hike?
11:15 Barry tells MG that he knew how to hide a body and it would never be found.
11:55 Barry looks for MM1's dead turkey

1:35 Barry leaves home. Checked on job at Kim's Gym
1:51 - 2:13 Barry is at DSI replacing blade on BobCat
2:03 Suzanne sends Libler her last proof of life photo
2:11 Suzanne messages Libler for the last time, via LI, that she's on WhatsApp
2:31 Barry texts Suzanne: Did you leave?
2:39 Libler messages on LI Suzanne on LIbler; she doesn't respond
4:44 Barry parks his truck in the garage

5:33 Barry's truck manually reboots
5:33:32 Telematics reveals "Power Removed" event occurred
6:40 & 6:46 Shelia sends 2 Snapchats that remain unopened

11:25 Barry's truck backs up 96.8' out of driveway


05/10/2020 Sunday: (Mother’s Day)
  • (3:58 AM to 4:07 AM) (9 mins) – BMs phone moves from residence to 225/50 intersection (near where bike found)
  • (4:22 AM) – SMs phone last pinged ~11.5 miles west of tower (or ~3 miles west of house)
  • (4:32 AM to 5:37 AM) (~ 1 hour) – BM gets back to residence, turns AIRPLANE MODE ON – drives to Garfield area, then he’s at Johnson Village near Buena Vista at 5:37 AM
  • (8:47:28 AM) – 2nd device asso w/ BM’s iphone (immediately after check-in at hotel)
  • (11:50:52 AM) – 2nd device asso w/ BM’s iphone (right before leaving hotel to go to Via Vara worksite)
05/11/2020 Monday: (BM interrogated early morning hours, search day 1)
  • (1:47 AM to 1:58 AM) (11 mins) – AIRPLANE MODE ON
  • (7:54:50 AM) – 2nd device asso w/ BM’s iphone
  • (8:14:29 AM) – 2nd device asso w/ BM’s iphone
  • (9:07 AM to 12:01 PM) (~ 3 hours) – AIRPLANE MODE ON
  • (5:44:42 PM) – 2nd device asso w/ BM’s iphone
  • Andy Moorman arrives late PM
05/12/2020 Tuesday: (search day 2)
  • Andy Moorman and Barry at bicycle site in morning
  • (9:41 AM to 12:50 PM) (~ 3 hours) – AIRPLANE MODE ON
  • (5:58:11 PM) – 2nd device asso w/ BM’s iphone
So he pairs this 2nd device with his phone as soon as he checks into the hotel, and right before leaving the hotel to pretend to work at the wall in Broomfield. Then, on search day 1, he pairs it twice in the morning, presumably before heading out to search (IMO). Then he does it again at the end of the search day (IMO), and lastly pairs it on search day 2 at the end of the day (IMO). What the heck is he using this device for? Seems like he might be texting someone at these times but I never really thought he would trust someone to have an accomplice. I just don't know...

It's also interesting to note that on both search day 1 & 2, he puts his phone into AIRPLANE MODE for ~3 hours each morning. Wonder what he was up to and who, if anyone, was with him "searching" at the time? If innocent, highly doubtful he'd put his phone in AIRPLANE MODE, as he'd want to hear immediately if someone found her.

Data above collated from AA
AA

Thank you, Tumbleweed, for posting the 2nd device details.

http://www./long-timeline/ Thank you @sk716 for the timeline.
 
May 4, 2020
4:05pm Barry calls Suzanne's ph 3 times. This was the first logged call in Barry’s phone to or from Suzanne since February 7, 2020


Suzanne drives MM2 to Gunnison.


05/06/2020 Suzanne texts: I'm done. I could care less what you're up to and have for years.

05/08/2020 Suzanne's ph backs up list of 50 reasons why she wanted to end the marriage.

Suzanne texts to sister, Melinda “It’s hard dealing with the harsh abrasiveness and having to show respect. He’s also been abusive, emotionally and physically. There’s so much … I went thru a period of acceptance and I feel more angry now. Anger at what I’ve allowed.”

10:55 Barry texts: I love you, Suzanne.



7:22 - 7:39 Barry is at Tailwinds
7:35 Suzanne texts Shelia about Sunday's wedding
9:50 Barry texts Suzanne: Want to go on hike?
11:15 Barry tells MG that he knew how to hide a body and it would never be found.
11:55 Barry looks for MM1's dead turkey

1:35 Barry leaves home. Checked on job at Kim's Gym
1:51 - 2:13 Barry is at DSI replacing blade on BobCat
2:03 Suzanne sends Libler her last proof of life photo
2:11 Suzanne messages Libler for the last time, via LI, that she's on WhatsApp
2:31 Barry texts Suzanne: Did you leave?
2:39 Libler messages on LI Suzanne on LIbler; she doesn't respond
4:44 Barry parks his truck in the garage

5:33 Barry's truck manually reboots
5:33:32 Telematics reveals "Power Removed" event occurred
6:40 & 6:46 Shelia sends 2 Snapchats that remain unopened

11:25 Barry's truck backs up 96.8' out of driveway



Thank you, Tumbleweed, for posting the 2nd device details.


http://www./long-timeline/ Thank you @sk716 for the timeline.
I find it amazing that it only takes less than 22 minutes to change out the blade on the Bobcat. That's like Nascar pit crew fast.
 
Thursday, June 30th:
*Arraignment Hearing-WebEx (Voter Forgery) (@ 9am MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. (BM is charged with murder & DV enhanced because Colorado does not provide for DV as an independent charge). The possession of a dangerous weapon (short rifle) charge has been severed from other charges. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial was set to begin on 4/28/22Case was dismissed without prejudice on 4/19/22.
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 4/19/22 reference post #573 here:
https://www.websleuths.com/forums/t...ffee-co-10-may-2020-arrest-100.618686/page-29
4/26/22 Update: Voter Fraud: Morphew will appear virtually for a status conference on 5/26/22 @ 8:30am for allegedly submitting a presidential ballot for Suzanne & asking for immunity from the FBI. Count 5-Attempt to influence a public servant (F4). Between & including 5/10/20 & 5/5/21, Barry Lee Morphew unlawfully & feloniously attempted to influence Damon Brown, Chaffee County Sheriff's Deputy Lamine Mulenax, CBI agent Robin Burgess, chief investigator with the 11th Judicial District attorney's office Alexander Walker, CBI agent Joseph Cahill, CBI agent Derek Graham, Kenneth Harris & FBI agent Jonathan Grusing, public servants, by means of deceit, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning a matter which was to be considered or performed by the public servant or the agency or body of which the public servant was a member; in violation of section 18-8-306, C.R.S.

5/26/22 Update: Eytan saying filing motions & if they think ready to arraign, may need to set it over. Don’t know if they have all of the discovery. May arraign end of June 30. Mr Herlbert - no objection. Barry says June 30 at 9 am is good. Eytan says not in person. Barry will appear via WebEx. Need lead time to have Herlbert hear motions. Motions to be filed 6/27/22 per Eytan. Related to issues that Eytan stated at beginning of hearing defense needs to file where his residence is. Per court order. He must disclose per recognizance bond. BM has no permanent address? Using IE‘s. He is being harassed. Went to get haircut & former FBI Grusing shows up to ask questions. When he gets permanent residence it must be disclosed, but may not be made public. Next arraignment on 6/30/22 @ 9am.
 
It's possible they have more information now than they did 2 years ago but I'm alittle doubtful that there is anything new since the trial was stopped. And anything up to that point defense would have and know. If they had something credible why didn't prosecution use it?

They might have used it - but because the experts were sanctioned and we never got the trial started there is no way for us to know about the content of the expert reports
 
But again if the prosecution didn't think it was enough to seal the deal, then maybe they didn't introduce yet for that reason. The defense certainly isn't going to try to admit it into evidence.

RSBM - for stuff arising after the prelim, there hasn't been a trial to admit the evidence to.

For the base data, this will have been discovered (like the RR data) and then would have been exhibited.

For the expert analysis, the reports were to be discovered and then would have been exhibited.

So we can't see any of this.

All we really have access to is the prelim exhibits, and then a few other things we got to see via the pre-trial motions.
 
I'd really caution about assuming the digital evidence at trial won't add much to what we already learned at Prelim. Expert testimony makes the difference on the margins.

We've all followed lots of cases but I'll use McStay as my example.

In the prelim, a "stunning" piece of evidence was that the accused had accessed the victims Quickbooks in the cloud to print himself cheques, both in the days leading up to disappearance, and in the days after. Like Barry the accused had said very stupid things to law enforcement, but at trial he could not testify. This lead to the defence needing to concoct contorted explanations for all of this.

Without boring everyone with the details of an old case, the prelim testimony is the "lite" edition where a member of law enforcement is allowed to 'sock puppet' in some quasi-expert testimony on the basis that it is true. The whole point is that the evidence will be contested at trial, not in the prelim.

At the trial, the evidence was subtlety but powerfully advanced from the prelim. Especially what the prosecution was able to do was destroy silly defence versions trying to account for the accused logging in to the victims accounts to do cheque fraud

It is the same in this case IMO. Others have already pointed out how critical the FBI cellular/location expert is.

I would add to that, critical expert testimony to pull together telematics and phone evidence

For instance, is the truck data for disappearance day, messed up compared to baseline? What about the Ford app journey data?

Just one example - it is a major problem for the defence if the truck data does not corroborate Barry's left turn, if/when baseline would expect GPS logging for all the trip. We can see GPS data for the truck in the driveway, and arrival in broomfield. where is everything else?

Maybe the defence could prove that the truck only logs GPS when you stop? I don't know but that seems very odd to me compared to any vehicle data i have seen recently in the front end of dashboard/apps. Generally they show your whole route.

And this leads to the issue that I was most interested in. There doesn't appear to be evidence from the consumer interface. You and I don't look at these base level computer logs. These are basically millions of saved pieces of information that apps use to construct user friendly info - like when you go for a run and it shows your route on your running app when you finish. That is the product of 1000s of saved pieces of info as you go along.

Did Barry never use the ford app and journey stuff? Where is it?

Combined with the strange power disconnect error, this seems like a hell of a lot of stuff that could be very hard to explain innocently.

tldr; the prelim simply didn't get this deep on the data
 
Is there A LOOP Barry could have made on the morning of 5/10 to account for the missing ~14 miles and roughly half hour?

We never heard about any vehicle data associated with truck windows opening and closing (helmet).... so maybe there were other events? Multiple stops (trash dumps) before leaving town? The phone? Staged clothing? The helmet?

Didn't he cop to stopping somewhere on account of something blowing out of his truck bed? (A Tsplain) Could he have been covering for a full stop and vehicle exit during the 14 miles detour?

RSBM / BIB - this is one of the things I was expecting to be a big issue at trial

From the AA

Barry said, “Yeah, I didn’t. I turned around there. I turned, I, I went that way because I saw those elk. They were in road right there, before I got up to 50. And I let ’em cross and then there was one good bull in there and I like, ‘Man.’ And I just missed seeing how good he was. Yeah know, I’m a hunter and I just wanted to see him and I just turned that way to look at him. That’s, yeah, that’s, that’s the only thing and when I went to Broomsfield, I told Joe and Derek everywhere I stopped. I had crap blowing out of the truck, I pull over at one spot, got my truck situated, went off … ”

Looking at the telematics data, the truck logs events when the truck stops. e.g odometer, gearshift, door - and these events have GPS.

IMO it is a significant issue for the defence that this data is not there to corroborate the above. There is nothing between his driveway and RTD bus stop. So what would be important to understand is when does logging occur and did all the expected logging occur?

e.g. one thing I don't get is why do we sometimes see gearshift logs and other times not? The actual underlying processes would be important to now.

Personally I think BM disabled the telematics between his driveway and the RTD bus stop. But that impression maybe be based on an incomplete understanding.

e.g is this all the data?
 
Haven’t heard what took place this morning, but Docket now shows a new date for Arraignment. 7/21.

View attachment 351993



Attn: @Niner
Thanks for posting the "new" date. Total wild guess/speculation on my part but I'm guessing they are arguing the charges perhaps setting a stage for some sort of plea deal possibility which could change how he would plea at an arraignment. Again total speculation on my part. I still don't understand how they got the influencing charge associated with a ballot with a signature on the witness line - or so that is what is being said occurred out in the internet world. Voter fraud or election fraud I understand.
 
Is there A LOOP Barry could have made on the morning of 5/10 to account for the missing ~14 miles and roughly half hour?

We never heard about any vehicle data associated with truck windows opening and closing (helmet).... so maybe there were other events? Multiple stops (trash dumps) before leaving town? The phone? Staged clothing? The helmet?

Didn't he cop to stopping somewhere on account of something blowing out of his truck bed? (A Tsplain) Could he have been covering for a full stop and vehicle exit during the 14 miles detour?
I have always wondered that.

Maybe the loop or turns were tight or the terrain too difficult for his truck with the trailed bobcat, so that's why he left the bobcat at home.

I can't think of any other plausible reason he didn't bring the bobcat to Broomfield.

JMO
 
May 4, 2020
4:05pm Barry calls Suzanne's ph 3 times. This was the first logged call in Barry’s phone to or from Suzanne since February 7, 2020


Suzanne drives MM2 to Gunnison.


05/06/2020 Suzanne texts: I'm done. I could care less what you're up to and have for years.

05/08/2020 Suzanne's ph backs up list of 50 reasons why she wanted to end the marriage.

Suzanne texts to sister, Melinda “It’s hard dealing with the harsh abrasiveness and having to show respect. He’s also been abusive, emotionally and physically. There’s so much … I went thru a period of acceptance and I feel more angry now. Anger at what I’ve allowed.”

10:55 Barry texts: I love you, Suzanne.



7:22 - 7:39 Barry is at Tailwinds
7:35 Suzanne texts Shelia about Sunday's wedding
9:50 Barry texts Suzanne: Want to go on hike?
11:15 Barry tells MG that he knew how to hide a body and it would never be found.
11:55 Barry looks for MM1's dead turkey

1:35 Barry leaves home. Checked on job at Kim's Gym
1:51 - 2:13 Barry is at DSI replacing blade on BobCat
2:03 Suzanne sends Libler her last proof of life photo
2:11 Suzanne messages Libler for the last time, via LI, that she's on WhatsApp
2:31 Barry texts Suzanne: Did you leave?
2:39 Libler messages on LI Suzanne on LIbler; she doesn't respond
4:44 Barry parks his truck in the garage

5:33 Barry's truck manually reboots
5:33:32 Telematics reveals "Power Removed" event occurred
6:40 & 6:46 Shelia sends 2 Snapchats that remain unopened

11:25 Barry's truck backs up 96.8' out of driveway



Thank you, Tumbleweed, for posting the 2nd device details.


http://www./long-timeline/ Thank you @sk716 for the timeline.
11:25 Barry's truck backs up 96.8' out of driveway.
Possibly moving to let the older RR out.
 
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