Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

[Mysti88c]

A Chaffee County woman is missing after a neighbor said she went out for a bike ride Sunday and never returned
Chaffee County woman missing since Sunday after neighbor said she went out for bike ride

List of Case Players and Their Relationship to Discussion (Post #440)

————————————-
MEDIA, MAPS & TIMELINE *NO DISCUSSION*
Detailed timeline of events in the Morphew case:
CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA, MAPS &TIMELINE *NO DISCUSSION*
Arrest Affidavit
—————————————
Suzanne Morphew Case Archive (developed and maintained by WS member AmandaReckonwith)
—————————————
Hearing Notes (Compliments of @NoSI)
Preliminary:
Day 1


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Suzanne Morphew FB page
Suzanne Morphew Twitter page


Verified Experts/Professionals/Insiders posting in this thread:

10ofRods is a Verified Anthropologist
Angleterre is a Verified LE from England
riolove77 is a Verified Attorney (prosecutor)
Alethea is a Verified Attorney (defense)
otto is a Verified Expert
Chomsky is a Verified Attorney
angelainwi is a Certified Trauma Counselor
gitana1 is a Verified Attorney
Cassidy is a Verified Attorney
lamlawindy is a Verified Attorney (former Prosecutor, now Defence)
NatureLover (Verified friend of the Moorman family)

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[waldojabba]

Correct me if im wrong, please. Every home and car has partial touch DNA from unknown sources.

imo we need one of our posters well versed in dna to address this question again to get a nice tidy answer, but I personally agree that the answer is of course yes.

As I understand it - It could be as simple as I push my shopping cart around whole foods with my bare hands and then my hands open the glove compartment/or are on the steering wheel of my car and I then can transfer a persons dna from the shopping cart handle to the surface of the steering wheel etc.
Dna on Suz bike - easy to have foreign dna on that for sure. It had just been with the bicycle guy for repair if I am not mistaken. How many people stopped into his place? Etc etc.
There are simple and logical explanations for both the home and cars having foreign dna. ALL IMO

 

[Momofthreeboys]

imo we need one of our posters well versed in dna to address this question again to get a nice tidy answer, but I personally agree that the answer is of course yes.

As I understand it - It could be as simple as I push my shopping cart around whole foods with my bare hands and then my hands open the glove compartment/or are on the steering wheel of my car and I then can transfer a persons dna from the shopping cart handle to the surface of the steering wheel etc.
Dna on Suz bike - easy to have foreign dna on that for sure. It had just been with the bicycle guy for repair if I am not mistaken. How many people stopped into his place? Etc etc.
There are simple and logical explanations for both the home and cars having foreign dna. ALL IMO

Sure and next time I presume if there is a next time new prosecutors will make sure defense has all the documentation and conversations and information about how they excluded any other suspects. Other things won’t come up again in my opinion like the chlorine which a hotel manager already told le was common to smell in that room and during Barry’s stay the pool was still full and chlorinated. I think a second attempt at trial if it occurs will be very different.

 

[waldojabba]

What I still find curious is the timing of this filing as well as the public advertising of it by IE
Why now ?
Besides advertising her brand
Besides her quest to remove immunity/impunity for prosecutors
What’s her end game?
It feels foolish to me for her to make such a big public performance out of all of this
BM is a free man, not on trial and he and the daughters claim to want their privacy
Is someone just starved for the spotlight ?
Does she have influence with current board members?

Why not file the complaint and then celebrate and invite the press to the victory party if/when she wins?
Make your big SPLASH then

Is there is something afoot happening in this case that IE is trying to get ahead of ? ( my own tiny hope)

IE is continuing to try and reframe the case to make BM the victim in the public arena.
She wants the narrative to be that of an incompetent and corrupt DA “railroading” an innocent BM for the murder of his beloved wife.
But he is not on trial any more !
So why is she so hell bent to put it all back in the news?
I have a hard time making it make sense

JUST ALL IMO

 

[MrsWatson]

What I still find curious is the timing of this filing as well as the public advertising of it by IE
Why now ?
Besides advertising her brand
Besides her quest to remove immunity/impunity for prosecutors
What’s her end game?
It feels foolish to me for her to make such a big public performance out of all of this
BM is a free man, not on trial and he and the daughters claim to want their privacy
Is someone just starved for the spotlight ?
Does she have influence with current board members?

Why not file the complaint and then celebrate and invite the press to the victory party if/when she wins?
Make your big SPLASH then

Is there is something afoot happening in this case that IE is trying to get ahead of ? ( my own tiny hope)

IE is continuing to try and reframe the case to make BM the victim in the public arena.
She wants the narrative to be that of an incompetent and corrupt DA “railroading” an innocent BM for the murder of his beloved wife.
But he is not on trial any more !
So why is she so hell bent to put it all back in the news?
I have a hard time making it make sense

JUST ALL IMO

Interesting questions and thoughts.

When is the last time Sheriff Spezee made a statement about this case?

What's going on behind the scenes that we aren't privy to that could make IE nervous?

 

[Megnut]

What I still find curious is the timing of this filing as well as the public advertising of it by IE
Why now ?
Besides advertising her brand
Besides her quest to remove immunity/impunity for prosecutors
What’s her end game?
It feels foolish to me for her to make such a big public performance out of all of this
BM is a free man, not on trial and he and the daughters claim to want their privacy
Is someone just starved for the spotlight ?
Does she have influence with current board members?

Why not file the complaint and then celebrate and invite the press to the victory party if/when she wins?
Make your big SPLASH then

Is there is something afoot happening in this case that IE is trying to get ahead of ? ( my own tiny hope)

IE is continuing to try and reframe the case to make BM the victim in the public arena.
She wants the narrative to be that of an incompetent and corrupt DA “railroading” an innocent BM for the murder of his beloved wife.
But he is not on trial any more !
So why is she so hell bent to put it all back in the news?
I have a hard time making it make sense

JUST ALL IMO

His probation period for the weapons charge is coming to an end.

I happen to think IE plans to file civil suits, looking for damages. A lot of noise and potential windfall if players roll and settlements are reached.

Nothing about justice, everything about self-promotion.

Barry Suzanne twice.

Jmo

 

[waldojabba]

His probation period for the weapons charge is coming to an end.

I happen to think IE plans to file civil suits, looking for damages. A lot of noise and potential windfall if players roll and settlements are reached.

Nothing about justice, everything about self-promotion.

Barry Suzanne twice.

Jmo

Yes @Megnut - all the actions of IE just serve to "Barry" Suzanne deeper and deeper.
I am all for prayer, so I pray that someone also will take action and get on the offensive. IE's actions also smack of witness intimidation and silencing. Y'all be mindful or IE will sue you too. Bombastic bully tactics.
ALL JUST IMO

 

[Momofthreeboys]

I think the timing coincided with the other complaints that were filed against LS on other cases where her office did not fully disclose. I can’t recall but I think there is a total of 7 complaints.

 

[Momofthreeboys]

I think the timing coincided with the other complaints that were filed against LS on other cases where her office did not fully disclose. I can’t recall but I think there is a total of 7 complaints.

 

[mrjitty]

I would need to hear some expert analysis before I could conclude the statement he was chasing SM around was an accurate statement.

RSBM

It was the defendant's own statement that he was running around as the data suggested.

Are you suggesting that IE would claim the defendant was lying?

She cannot testify on his behalf. She would have needed to call the defendant to say he made that up.

 

[mrjitty]

It's a fact that witness J Cahill did not testify as he was prepped by the prosecutor's office. IMO, Cahill's testimony was influenced by a phone call he received from IE the night before he testified.
_____________

Judge Murphy says he's a bit lost in what the argument is that defense attorneys are trying to get across here. Prosecutors say they're not sure why they're here for this hearing. Defense says they're trying to prove there was withholding of exculpatory evidence.
@KKTV11News

3:25 PM · Nov 9, 2021

Judge says the prosecution didn't really present much evidence during the preliminary hearing to show what the DNA match meant which he says helped him decide that there wasn't enough evidence to continue to keep #BarryMorphew without bond.
@KKTV11News

3:27 PM · Nov 9, 2021

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

Ashley Franco @AshleyKKTV Agent Duge is excused. We're taking a very short break before calling the next witness. @KKTV11News #BarryMorphew #SuzanneMorphew 2:19 PM · Nov 9, 2021· We're back with Jeff Lindsey via WebEx. Still working out some technical problems that they're hoping to get fixed...

www.websleuths.com

Right.

Unfortunately the Judge can only go on the evidence presented and the prosecution did not close this door.

At the prelim Cahill is effectively allowed to sock puppet in expert opinion on the meaning of the CODIS hits but he simply dropped the ball, despite being prepped accordingly. One can only speculate as to why he did that.

But what is clear is that IE was aware at the prelim hearing that there was in fact no sex offender.

 

[mrjitty]

MOO possible scenarios seem out of place in the PH.

Stick with the facts, he came home, she had just been communicating with a lover, there was a pattern of a chase around the house, her phone and every other sign of her life disappeared at that time.
Then a flurry of BM activity through the night, his phone being pinged near where the bike was dumped, a bogus work trip and multiple trash runs.

IMO
I wish a straight forward, prepared cell data expert witness, had explained the path of a chase in detail.
The chase something I was able to reconstruct just from released data, and did not include "running through walls.
Instead IE was able to achieve the suppression of the evidence by the confusing exercise in terminology that IE was able to make of the cell expert witness's testimony.
Ugh. He actually apologised to IE for not being up to date in his field.



I want

You make good points but I have one beef with all of this discourse (not your posts!)

The AA is not the trial.

The prelim is not the trial.

Pretrial hearings are not the trial.

At the trial, in opening, I am sure the prosecution case would have been "hey at the exact moment we have SM going missing off the face of the earth we have the defendant running around like this, and when we asked him about it, did he say the data was inaccurate? No he admitted he was chasing something with a gun in a completely implausible story! So who or what was he chasing? What gun was he using? Was it the dart gun we can show is missing?

In other words, using the facts you raise, they would have shown the defendant was covering something up. They are not trying to prove he was chasing her with a dart gun. That is IE's chaff.

I think because we only have the AA, Prelim and Motions, there is a tendency to assume the case would have been argued in a certain way.

IIRC the Prelim did not have opening arguments, so we simply do not know exactly how they would have presented it.

 

[mrjitty]

Yes! And IE was not getting any traction trying to resurrect the partial DNA evidence at a hearing with Judge Murphy so she waited until she had a new judge (Lama) and brought it up again as if it was newly discovered evidence that was withheld from the defense, and sadly, Lama bought IE's words as truth!

And here we are again.....


^^rsbm

Yep.

The misdirection here is that the partial profile is something that can be investigated or has meaning.

This arose in the McStay case where badly degraded DNA was found in the grave site. The defence got computer modelling of this to recreate four "profiles" in order to claim this was the real gang of killers.

In the same way there was a boom industry to model DNA for prosecution, it also exists now for well heeled defendants. However the difference is that instead of ruling in a known person based on probability, you are usually trying to create the presence of some shadowy 'real killer"

 

[HongKongPhooey]

RSBM

It was the defendant's own statement that he was running around as the data suggested.

Are you suggesting that IE would claim the defendant was lying?

She cannot testify on his behalf. She would have needed to call the defendant to say he made that up.

For me it pretty much boils down to you either believe Barry was running around like a crazy person shooting at chipmunks as per his own words while his wife looked on/sunbathed/whatever.

Or, Barry was running around killing Suzanne, who happened to want out of the marriage and was having an affair, and who since that PRECISE time has never been or heard of since.

Which in my opinion has no bearing on whether it’s normal practice locally to shoot chipmunks indiscriminately either!

It’s not a toughie, IMO.

 

[pseudo_hum]

For me it pretty much boils down to you either believe Barry was running around like a crazy person shooting at chipmunks as per his own words while his wife looked on/sunbathed/whatever.

Or, Barry was running around killing Suzanne, who happened to want out of the marriage and was having an affair, and who since that PRECISE time has never been or heard of since.

Which in my opinion has no bearing on whether it’s normal practice locally to shoot chipmunks indiscriminately either!

It’s not a toughie, IMO.

In my youth I tried chasing chipmunks around, but not very successful. Trying to run around and shoot them is laughable. No way do I believe BM was running around shooting at chipmunks. Especially with a .22,IMO, futile.

 

[MountainDad]

Right.

Unfortunately the Judge can only go on the evidence presented and the prosecution did not close this door.

At the prelim Cahill is effectively allowed to sock puppet in expert opinion on the meaning of the CODIS hits but he simply dropped the ball, despite being prepped accordingly. One can only speculate as to why he did that.

But what is clear is that IE was aware at the prelim hearing that there was in fact no sex offender.

A judge uses his/her discretion as to the importance of the evidence presented. In this case a partial DNA sample (did not match any specific person)in Suzannes glove box became the SODDI defense, because judge Murphy wrote in the PH ruling that a sex offender from another state could have murdered Suzanne. He was wrong, based on the evidence. It disregarded the weight of evidence against Barry and placed undue importance on this piece of non related evidence cooked up from a compromised LE agent.

 

[Ontario Mom]

In my youth I tried chasing chipmunks around, but not very successful. Trying to run around and shoot them is laughable. No way do I believe BM was running around shooting at chipmunks. Especially with a .22,IMO, futile.

Last summer I had two of them that refused to stay out of my garden, destroying my corn crop completely. Apparently baby corn is like crack to the little boogers Not once did it cross my mind to arm up, and blast them into the next life. I'm pretty sure no one took that stupid story as the truth.

 

[steeltowngirl]

If Suzanne’s car had been found elsewhere and abandoned, I can see how the partial DNA in her car might have become relevant.

But that’s not what happened. Her abandoned / wrecked bicycle was found over a hillside. If she had wrecked it herself, either her body would have been there, or she was capable of walking elsewhere - most likely back home. Neither of those scenarios happened either.

The bike accident was staged. A random kidnapper would have no need to stage a scene. Staging is the work of a person that needs to point suspicion elsewhere.

jmo

 

[kittythehare]

Sure and next time I presume if there is a next time new prosecutors will make sure defense has all the documentation and conversations and information about how they excluded any other suspects. Other things won’t come up again in my opinion like the chlorine which a hotel manager already told le was common to smell in that room and during Barry’s stay the pool was still full and chlorinated. I think a second attempt at trial if it occurs will be very different.

No it was not.
Pool had not been chlorinated in quite some time, in fact.

• The hotel has confirmed that they do not use chlorine to clean guest rooms and that the hotel pool was closed at the time of Morphew’s visit

Cops want footage from near hotel where Suzanne Morphew's husband stay

Police asked every business near the Holiday Inn Express in Broomfield, Colorado, to turn over video shot between May 7 and May 10 - the day Suzanne Morphew was reported missing.

www.dailymail.co.uk

Suzanne Morphew's husband left Denver hotel, contractor ...​

FOX21 News Colorado
https://www.fox21news.com › top-stories › suzanne-m...



2 Sept 2020 — The motel confirmed the pool is closed due to COVID-19 restrictions. A manager also said they do not use chlorine to clean their rooms,

 

[Seattle1]

A judge uses his/her discretion as to the importance of the evidence presented. In this case a partial DNA sample (did not match any specific person)in Suzannes glove box became the SODDI defense, because judge Murphy wrote in the PH ruling that a sex offender from another state could have murdered Suzanne. He was wrong, based on the evidence. It disregarded the weight of evidence against Barry and placed undue importance on this piece of non related evidence cooked up from a compromised LE agent.

BM being granted ($500K cash) bail for 1st-degree murder in Colorado was unprecedented! This was nowhere a failed discretionary call by Judge Murphy and I agree with @mrjitty that the Judge can only go on the evidence presented and the prosecution did not close this door. Cahill also failed to answer questions put to him by Judge Murphy!

From the testimony at the prelim, it's evident that Cahill shoved Prosecutor Mark Hurlbert under the wheels of the bus when he did not testify as prepped and left Hurlbert trying to refocus the discussion on where BM's DNA was found.

IMO, the defense calling Cahill as their final witness sealed the deal for not meeting proof evident presumption great. It's that simple.

ETA: And 99% of the population in Chaffee County would have been left sitting in jail on the bond conditions set by Judge Murphy.

Lauren Scharf
@LaurenScharfTV
The defense has called CBI Agent Joseph Cahill to the stand. He is being asked about the DNA swabbed from #SuzanneMorphew's glove box from #BarryMorphew attorney Iris Eytan.


Lauren Scharf
@LaurenScharfTV
Agent Cahill claims he hasn't seen the final version of the arrest affidavit that was submitted to the court for the arrest of #BarryMorphew.

Ashley Franco
@AshleyKKTV
We're back from a quick break. Defense calls CBI Agent Joseph Cahill. He testifies that he collected DNA. There was unknown DNA from a male found on #SuzanneMorphew glove box in her car. @KKTV11News

Carol McKinley
@CarolAMcKinley
New witness: CBI Agent Joe Cahill, who investigated the case extensively. He acknowledges that Suzanne's Ranger Rover glove box had unknown DNA on it, which did not belong to Barry Morphew. @ABC2020

Lauren Scharf
@LaurenScharfTV
Cahill said that #BarryMorphew was excluded from the DNA on #SuzanneMorphew glovebox. Now Eytan is asking about the DNA on the handlebars of Suzanne's bike. Cahill can't remember so Eytan is showing him the affidavit to refresh his memory, he can't remember.

Ashley Franco
@AshleyKKTV
Agent Cahill says #BarryMorphew was excluded from the DNA in the car. Defense is working to refresh Agent Cahill's memory with several documents, but the agent continues to say that he does not recall the affidavit he reviewed and does not remember the DNA portion.

Lauren Scharf
@LaurenScharfTV
Cahill said that he was on military leave and only got to review/edit until page 19 of the 126 pages of the affidavit so he didn't get through the rest of the pages

Ashley Franco
@AshleyKKTV
Defense says there was also unknown male DNA on the bike grips of #SuzanneMorphew bike. They say #BarryMorphew was excluded. Same goes for apparent unknown male DNA on the rear cushion in Suzanne's car


Carol McKinley
@CarolAMcKinley
Eytan from the lab report: The bike breaks and handlebars also had unknown male DNA on the bike grips and there was also unknown male DNA on the rear cushion of Suzanne's Range Rover.

Lauren Scharf
@LaurenScharfTV
Cahill is being asked by #BarryMorphew attorney Eytan if he was aware/taking into consideration the unknown male DNA found on the bike grips, #SuzanneMorphew car rear cushion, and glove box

Ashley Franco
@AshleyKKTV
Agent Cahill says the report shows that DNA from the glovebox came back to matches of investigative leads that show the partial profile came back to unsolved sexual assault cases. #SuzanneMorphew #BarryMorphew
@KKTV11News

Carol McKinley
@CarolAMcKinley
Eytan reading from the lab report says the prison DNA data system,
CODIS, returned 3 confirmed matches from the glove box to other unsolved sexual assaults. Cahill says it's true if it was in the report.

Lauren Scharf
@LaurenScharfTV
A letter from Agent Duge addressed to Cahill sent on May 19, 2021, refers to the partial profile DNA from #SuzanneMorphew glove box that had 3 confirmed matches to unsolved sexual assaults.

Carol McKinley
@CarolAMcKinley
One of the sexual assaults occurred outside of a convenience store in Tempe. Judge overrules an objection reminding courtroom that the defense is allowed to question further in a proof evident presumption great hearing. Cahill then agrees the assault happened outside a conv store

Ashley Franco
@AshleyKKTV
Defense says the DNA profile matches that from an unsolved sexual assault case was from Tempe, Arizona outside a convenience store. DNA was uncovered to see who the suspect was in that case and to see if it had any relation to the disappearance of #SuzanneMorphew


Lauren Scharf
@LaurenScharfTV
The matches are from Pheonix, Chicago, and Tempe, Arizona. Tempe case was looked into in Dec. 2020. Cahill contacted the investigator in charge of the attempted sexual assault outside a local convenience store. However, the Tempe case had two suspects.

Lauren Scharf
@LaurenScharfTV
The judge is lost... many in the courtroom are also confused so he is trying to get clarification. "It is my understanding that the partial did not match the two primary suspects from the Tempe case according to another detective," Agent Cahill said.

Lauren Scharf
@LaurenScharfTV
There is no scientific proof that there isn't a match. Eytan is giving Agent Cahill multiple reports to review.

Lauren Scharf
@LaurenScharfTV
Forensic Scientist confirmed to Cahill it was a potential lead, not a perfect match, Cahill explained. Now they are talking about another CODIS match from #SuzanneMorphew glove box that matched in Pheonix from a sperm sample. He wasn't aware of a letter sent in Nov. about it.

Ashley Franco
@AshleyKKTV
CBI was notified that there was another DNA profile match to an unsolved sexual assault case in Pheonix Arizona from the DNA found on #SuzanneMorphew glovebox. In April 2021 Defense says there was another match from an unsolved sex assault case, this time in Chicago @KKTV11News

Carol McKinley
@CarolAMcKinley
Eytan pounds on the fact that there was a match between an unsolved sexual assault and DNA found on Suzanne's glove box. Now she brings up another match with the glove box DNA and an unsolved sexual assault in Chicago.

Lauren Scharf
@LaurenScharfTV
Now Eytan is speaking about the CODIS match from #SuzanneMorphew glove box that matched in Chicago, Illinois. CBI Agent Cahill said he wasn't aware until he got a call from Det. Burgis when he returned from military leave in May of 2021.



Carol McKinley
@CarolAMcKinley
Cahill explains he didn't know about these findings when they came in because he was on military leave from March to May 10th.

Lauren Scharf
@LaurenScharfTV
The judge asked Cahill, what do you know about this Chicago case? Cahill said that Det. Burgis said he would be following up. CBI Agent Cahill said he was on Military leave from March 8 until around May 10 of 2021.

Crime Talk with Scott Reisch
@CrimeTalkPod
Agent Joseph Cahill called by defense. Eytan has been asking about possible DNA matches from Suzanne’s glovebox to 3 separate sexual assault cases. Cahill was on military leave and did not follow up on these. He had a coworker who would follow up.

Lauren Scharf
@LaurenScharfTV
The state is now cross-examining CBI Agent Joseph Cahill.

Ashley Franco
@AshleyKKTV
The defense wrapped up this witness and hands it over to the prosecution. They are discussing that #BarryMorphew DNA might have been in #SuzanneMorphew car and on her bike. Agent says he needs to refer to the report. @KKTV11News

Carol McKinley
@CarolAMcKinley
On redirect, prosecutor Mark Hurlbert reminds the court that Barry Morphew's DNA was found on the bike seat and in Suzanne's car. He's shifting gears from where Morphew's DNA was NOT found to where it WAS found.

Ashley Franco
@AshleyKKTV
Agent Cahill looks at the report and says it's not clear which car they are referencing in the report because three cars were swabbed. #SuzanneMorphew #BarryMorphew
@KKTV11News

Lauren Scharf
@LaurenScharfTV
Agent Cahill is being shown a DNA report from June of 2020. Explaining CODIS which is a nationwide DNA database. Typically people who have been convicted of a felony or at the request of law enforcement. Knowns and unknowns get put into CODIS.

Lauren Scharf
@LaurenScharfTV
Explaining that you can't just put any DNA into CODIS. The judge is reminding the defense to let the state have the entire question out before they object.

Lauren Scharf
@LaurenScharfTV
LUNCH BREAK... will be addressed at 1:30 p.m.

Ashley Franco
@AshleyKKTV
We are taking a lunchbreak and will be back at 1:30pm #SuzanneMorphew #BarryMorphew
@KKTV11News

Crime Talk with Scott Reisch
@CrimeTalkPod
Lunch break until 1:30 pm mountain time

Lauren Scharf
@LaurenScharfTV
The judge is asking the defense how much time they will need. Eytan said this is their last witness.

Crime Talk with Scott Reisch
@CrimeTalkPod
Eytan says Cahill is their last witness. Only needs time to redirect. Judge says we’ll come back at 1:30 and discuss evidence and schedule from there.

Ashley Franco
@AshleyKKTV
Defense noted before we took the break that Agent Cahill is set to be their last witness.
@KKTV11News
#SuzanneMorphew #BarryMorphew

So what does that term actually mean? The standard of proof for “proof evident” is greater than probable cause, but less than what is required for a conviction. “It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy. “This is the same standard that courts use in Colorado to terminate parental rights.”

Citing court cases for decisions related to proof evident, he explained, “bail shall be denied when the circumstances disclosed indicate a fair likelihood that the defendant would be convicted at a trial with the highest standard – proof beyond a reasonable doubt … I find that the answer to that question is no. Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”

He laid out the prosecution evidence again, (no direct evidence – no one saw him murder her, no one heard any disturbance, he hasn’t admitted anything) he also noted that the home surveillance was disabled. The cameras were off. The DVR hasn’t been found. There is no forensic evidence, no blood in the house, garage, property, or in his truck, in his bobcat, or at the hotel.

Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. “I think it is unlikely that she intentionally disappeared.”

He pointed out that “I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.” He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

“This is particularly significant – it’ doesn’t prove that he is innocent, or that someone else did it. Therefore: “proof is not evident, nor is the presumption great. Because I have found the prosecution has not met their burden, the court is obligated by the Colorado Constitution to set bail.”