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

[Kemug]

And don't forget he's constantly looking over his shoulder for Jonny Grusing!

 

[MassGuy]

I think so too and then only if she is found somewhere that fits the scenario prosecutors plan to use.

If law enforcement finds the body, then it will be because it's a location connected to Barry. They are searching specific areas, and doing so for a reason.

If someone else stumbles upon it, then it's not as if as it doesn't help the prosecution immensely, no matter where it is.

That's because Barry was the only person on earth with an opportunity to murder Suzanne. The evidence makes that much clear.

The body is the missing piece in what would instantly become a very strong case.

 

[MrsWatson]

I do not think LE is out stumbling around the mountainside without using all the data and tech they have available. We don't know how much more info they've gotten since the preliminary. They made a very definitive statement. I hope it's not over-confident.

I think the case will be re-tried, and BM found guilty. I do not think Linda Stanley's office will be prosecuting it, though.

MOO

 

[Boxer]

I do not think LE is out stumbling around the mountainside without using all the data and tech they have available. We don't know how much more info they've gotten since the preliminary. They made a very definitive statement. I hope it's not over-confident.

I think the case will be re-tried, and BM found guilty. I do not think Linda Stanley's office will be prosecuting it, though.

MOO

The case is not going to get simpler. I was hoping LS was a kick *advertiser censored* prosecutor and the appointed interim DA was too circumspect to bring charges. I saw I was wrong when DA LS Preliminary Hearing witnesses were not prepared.

 

[Jayhawk]

If law enforcement finds the body, then it will be because it's a location connected to Barry. They are searching specific areas, and doing so for a reason.

If someone else stumbles upon it, then it's not as if as it doesn't help the prosecution immensely, no matter where it is.

That's because Barry was the only person on earth with an opportunity to murder Suzanne. The evidence makes that much clear.

The body is the missing piece in what would instantly become a very strong case.

I think Barry was suspicious that Suzanne was having an affair and her declaration that the marriage was over was his confirmation. I think there was premeditation of her murder. Some have argued that Jeff may have had motive, but Barry is the only one who had motive and opportunity to murder. Sham work trip alibi and all. Quick to sell the home and gain access to her assets. What grieving spouse does that? He is no mastermind.

 

[waldojabba]

The case is not going to get simpler. I was hoping LS was a kick *advertiser censored* prosecutor and the appointed interim DA was too circumspect to bring charges. I saw I was wrong when DA LS Preliminary Hearing witnesses were not prepared.

I am not sure why the case won’t get any simpler ?

From the first go around aka dress rehearsal, If we leave out the obvious mistakes of witnesses/ the rats jumping ship/Covid/ A judge with one blind eye to DV/ the sanctions / LS/ etc.
It seems it gets a whole lot simpler.
The evidence is all there. The prosecution just has to be able to present it !

I am of the opinion the next go around will start from the beginning with a new prelim etc. A whole new ball game. I know there were many opinions of what may happen the second time around in the media from legal people and from posters on these threads.

Right now nobody knows. Time will tell.

 

[Boxer]

I am not sure why the case won’t get any simpler ?

From the first go around aka dress rehearsal, If we leave out the obvious mistakes of witnesses/ the rats jumping ship/Covid/ A judge with one blind eye to DV/ the sanctions / LS/ etc.
It seems it gets a whole lot simpler.
The evidence is all there. The prosecution just has to be able to present it !

I am of the opinion the next go around will start from the beginning with a new prelim etc. A whole new ball game. I know there were many opinions of what may happen the second time around in the media from legal people and from posters on these threads.

Right now nobody knows. Time will tell.

 

[Boxer]

True we have to wait
MOO things like not preparing witnesses properly don’t go away.

 

[sripey]

I am not sure why the case won’t get any simpler ?

From the first go around aka dress rehearsal, If we leave out the obvious mistakes of witnesses/ the rats jumping ship/Covid/ A judge with one blind eye to DV/ the sanctions / LS/ etc.
It seems it gets a whole lot simpler.
The evidence is all there. The prosecution just has to be able to present it !

I am of the opinion the next go around will start from the beginning with a new prelim etc. A whole new ball game. I know there were many opinions of what may happen the second time around in the media from legal people and from posters on these threads.

Right now nobody knows. Time will tell.

Agreed.

There is more than enough to lead a reasonable person to find Barry guilty.

Going by the evidence, there are no logical scenarios that don't involve Barry. None. I've yet to hear even ONE explanation for Suzanne's disappearance, using known facts, that does not involve Barry. If someone could, they would. If it could be done, Barry and his attorneys would be shouting it from the mountains surrounding Salida. The crickets are deafening.

In my opinion, the prosecutor should open with a detailed, step by step timeline, using all of the evidence gathered. During the main part of the trial, support the timeline with witnesses and expert witnesses detailing every point along the timeline. Sure, explaining how GPS, cell tower, and electronic forensics work will be a bit dry, but it's not hard for the average person to grasp. (Personally, I'm really interested to hear about electronic vehicle data forensics as I don't have much experience with it.) Backup and solidify every single data point. Play Barry's interviews, pointing out his evolving explanations that contradict his other explanations and his digital footprints. I would close by again walking, step by step, through the timeline. Simple but powerful. A reasonable person will find him guilty. I think the jury will be made up of reasonable people.

As an aside, I don't think the prosecution should offer an opinion on the manner of Suzanne's murder. Introduce the dart and tranquilizer evidence, but go no further. Too much there for the defense to latch on to.

All MOO

 

[Momofthreeboys]

Agreed.

There is more than enough to lead a reasonable person to find Barry guilty.

Going by the evidence, there are no logical scenarios that don't involve Barry. None. I've yet to hear even ONE explanation for Suzanne's disappearance, using known facts, that does not involve Barry. If someone could, they would. If it could be done, Barry and his attorneys would be shouting it from the mountains surrounding Salida. The crickets are deafening.

In my opinion, the prosecutor should open with a detailed, step by step timeline, using all of the evidence gathered. During the main part of the trial, support the timeline with witnesses and expert witnesses detailing every point along the timeline. Sure, explaining how GPS, cell tower, and electronic forensics work will be a bit dry, but it's not hard for the average person to grasp. (Personally, I'm really interested to hear about electronic vehicle data forensics as I don't have much experience with it.) Backup and solidify every single data point. Play Barry's interviews, pointing out his evolving explanations that contradict his other explanations and his digital footprints. I would close by again walking, step by step, through the timeline. Simple but powerful. A reasonable person will find him guilty. I think the jury will be made up of reasonable people.

As an aside, I don't think the prosecution should offer an opinion on the manner of Suzanne's murder. Introduce the dart and tranquilizer evidence, but go no further. Too much there for the defense to latch on to.

All MOO

I am of the opinion that they will need some new evidence to get another arrest warrant and launch a new trial.

 

[justtrish]

Agreed.

There is more than enough to lead a reasonable person to find Barry guilty.

Going by the evidence, there are no logical scenarios that don't involve Barry. None. I've yet to hear even ONE explanation for Suzanne's disappearance, using known facts, that does not involve Barry. If someone could, they would. If it could be done, Barry and his attorneys would be shouting it from the mountains surrounding Salida. The crickets are deafening.

In my opinion, the prosecutor should open with a detailed, step by step timeline, using all of the evidence gathered. During the main part of the trial, support the timeline with witnesses and expert witnesses detailing every point along the timeline. Sure, explaining how GPS, cell tower, and electronic forensics work will be a bit dry, but it's not hard for the average person to grasp. (Personally, I'm really interested to hear about electronic vehicle data forensics as I don't have much experience with it.) Backup and solidify every single data point. Play Barry's interviews, pointing out his evolving explanations that contradict his other explanations and his digital footprints. I would close by again walking, step by step, through the timeline. Simple but powerful. A reasonable person will find him guilty. I think the jury will be made up of reasonable people.

As an aside, I don't think the prosecution should offer an opinion on the manner of Suzanne's murder. Introduce the dart and tranquilizer evidence, but go no further. Too much there for the defense to latch on to.

All MOO

This is the biggest hurdle the defense faces. There are no reasonable scenarios that don't include Barry and he did that. I think trying to create another story caused him to create so much evidence that points to him. He'd be far better off right now if he didn't stage the bike and helmet and then lie so many times.

 

[sripey]

I am of the opinion that they will need some new evidence to get another arrest warrant and launch a new trial.

Why do you think they need new evidence? His case was dismissed without prejudice. He was arrested by the facts listed in the original warrant. The facts haven't changed. Why do they need something else? Admittedly, I'm not a lawyer and maybe "dismissed without prejudice" is not what it seems or what I think it is?

 

[Momofthreeboys]

Why do you think they need new evidence? His case was dismissed without prejudice. He was arrested by the facts listed in the original warrant. The facts haven't changed. Why do they need something else? Admittedly, I'm not a lawyer and maybe "dismissed without prejudice" is not what it seems or what I think it is?

To cure the weaknesses in the first attempt. Setting aside the prosecutorial misconduct sanctions it was not a strong case to begin with in my opinion. They got through the preliminary but did not meet the proof positive presumption great standard so I really don’t see a second attempt until they have stronger evidence. They could have it and we just don’t know but I do not see them attempting the same case without something new. I am guessing that a judge might also use a more critical eye of the arrest warrant in a second attempt. But all speculative on my part.

 

[Megnut]

IMO the case against Barry is presently stronger than ever. The misrepresentations made by the defense about the DNA "matches" which weren't matches at all and the dog handler's report have been cleared up (no SODDI, no scent). Additionally, with the passage of even more time, a living Suzanne has not turned up -- she'd have no reason to stay away -- all but confirms this was no gone girl.

And that leaves just Barry and the footed Bobcat...

And between them only one beast.

JMO

 

[FromGermany1]

I think Barry was suspicious that Suzanne was having an affair and her declaration that the marriage was over was his confirmation. I think there was premeditation of her murder. Some have argued that Jeff may have had motive, but Barry is the only one who had motive and opportunity to murder. Sham work trip alibi and all. Quick to sell the home and gain access to her assets. What grieving spouse does that? He is no mastermind.

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??

 

[mrjitty]

Why do you think they need new evidence? His case was dismissed without prejudice. He was arrested by the facts listed in the original warrant. The facts haven't changed. Why do they need something else? Admittedly, I'm not a lawyer and maybe "dismissed without prejudice" is not what it seems or what I think it is?

I don't believe they need new evidence.

It will be important they come back to the Court in good faith / with clean hands - e.g. having conducted new searches, prepare expert evidence properly etc

 

[pseudo_hum]

If law enforcement finds the body, then it will be because it's a location connected to Barry. They are searching specific areas, and doing so for a reason.

If someone else stumbles upon it, then it's not as if as it doesn't help the prosecution immensely, no matter where it is.

That's because Barry was the only person on earth with an opportunity to murder Suzanne. The evidence makes that much clear.

The body is the missing piece in what would instantly become a very strong case.

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.

 

[Megnut]

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.

Exactly. The one person who had the means, motive and opportunity to murder her also had the means, motive, opportunity, acreage, topography and skillset to hide her body.

JMO

 

[Momofthreeboys]

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.

Unless the middle of the night movements were someone else moving her far far away in my opinion and why I don’t think they will try again until they have more evidence. I am more pragmatic than simply pessimistic given the realities from the first attempt preliminary.

 

[sripey]

Unless the middle of the night movements were someone else moving her far far away in my opinion and why I don’t think they will try again until they have more evidence. I am more pragmatic than simply pessimistic given the realities from the first attempt preliminary.

Someone else on Barry's behalf, or some random individual?