Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #108

[10ofRods]

https://ewscripps.brightspotcdn.com/66/3a/e003cca8433495dd0e1a192dd865/file-stamped-final-complaint.pdf

View attachment 450592

Thank you so much! I was able to find the whole filing with your help.

I found only a summary. So he's suing Chaffee County, the Chaffee County Sheriff's Department specifically along with their bosses, the County Commissioners.

And then a lot of individuals, including the Prosecutor from the 11th Judicial District and 2 FBI agents.

It's in Federal Court, so it will be a looong process. Looking at who he wants to depose and sue, right now, well. I am a bit astonished. This whole thing would have looked like a miniature murder trial if all those defendants chose to speak on their own behalf (which they would, in my estimate). I'm guessing their respective employers (nearly all are Chaffee County employees) have to pay their legal fees, unless the employers agree that the defendants were acting outside of their employment. So it's Chaffee County itself, Chaffee County agencies, individuals employed by Chaffee County with a smattering of 3 Federal employees and 1 employee of the State of CO (the 11th Judicial District investigator).

If CO agrees that this employee acted wrongly and doesn't defend him, then he might be on his own.

I wonder how people in Chaffee County feel about this. These are their tax funds at risk.

I hope Lauren Scharf writes a bit on this. I would be happy to hear from any locals. Sheriff Spezzi's personal assets are at risk.

At any rate, it does seem that confirming that Suzanne was murdered will make a very big difference in these causes of action. Can't wait for Barry to be deposed (and then be on the stand under cross-examination).

I'll be very surprised if this goes to trial. I'll also be surprised if Eytan will drop the case right away. Each person named in that complaint will be deposed and will tell what they think happened to Suzanne and all will say it was normal investigative procedure. There are some sticking points (how long they kept Barry's property, etc) but to my eye, this is going to be very hard on Barry and his daughters (who might also be deposed).

They Mirandized Barry and he still decided to speak multiple times with LE, a Judge held there was probable cause at one point. I am not seeing a civil rights violation - not like the truly heinous rights violations often seen in federal court.

IMO this is very sad, all around. So many lives disrupted.

 

[10ofRods]

I don't know what you are talking about.

He's talking about the hyoid bone and why everyone keeps bringing it up.

And he's saying we will not know if it's found, because investigations don't work that way. There will be no official statements or comments from the investigators about which bones were found.

Sometimes it's easier to follow these sub-conversations if you click that little arrow next to the name of the poster who was just quoted (when I hit post, a little arrow will appear next to your name). I was here quite a while before someone taught me that. Sorry if you already knew that - I just know that I needed that tip from someone else.

IMO.

 

[TIGER0822]

The prosecutors did a terrible job. They missed discovery deadlines, were completely disorganized and deserved to be reprimanded (although I think denying their witnesses bordered on trial interference by a judge). They had better get it together this time, or it will be the same sad sorry joke outcome.

 

[Observer33]

Thank you so much! I was able to find the whole filing with your help.

I found only a summary. So he's suing Chaffee County, the Chaffee County Sheriff's Department specifically along with their bosses, the County Commissioners.

And then a lot of individuals, including the Prosecutor from the 11th Judicial District and 2 FBI agents.

It's in Federal Court, so it will be a looong process. Looking at who he wants to depose and sue, right now, well. I am a bit astonished. This whole thing would have looked like a miniature murder trial if all those defendants chose to speak on their own behalf (which they would, in my estimate). I'm guessing their respective employers (nearly all are Chaffee County employees) have to pay their legal fees, unless the employers agree that the defendants were acting outside of their employment. So it's Chaffee County itself, Chaffee County agencies, individuals employed by Chaffee County with a smattering of 3 Federal employees and 1 employee of the State of CO (the 11th Judicial District investigator).

If CO agrees that this employee acted wrongly and doesn't defend him, then he might be on his own.

I wonder how people in Chaffee County feel about this. These are their tax funds at risk.

I hope Lauren Scharf writes a bit on this. I would be happy to hear from any locals. Sheriff Spezzi's personal assets are at risk.

At any rate, it does seem that confirming that Suzanne was murdered will make a very big difference in these causes of action. Can't wait for Barry to be deposed (and then be on the stand under cross-examination).

I'll be very surprised if this goes to trial. I'll also be surprised if Eytan will drop the case right away. Each person named in that complaint will be deposed and will tell what they think happened to Suzanne and all will say it was normal investigative procedure. There are some sticking points (how long they kept Barry's property, etc) but to my eye, this is going to be very hard on Barry and his daughters (who might also be deposed).

They Mirandized Barry and he still decided to speak multiple times with LE, a Judge held there was probable cause at one point. I am not seeing a civil rights violation - not like the truly heinous rights violations often seen in federal court.

IMO this is very sad, all around. So many lives disrupted.

CBI is state plus some a federal agent. He has them all covered

 

[Observer33]

The prosecutors did a terrible job. They missed discovery deadlines, were completely disorganized and deserved to be reprimanded (although I think denying their witnesses bordered on trial interference by a judge). They had better get it together this time, or it will be the same sad sorry joke outcome.

I'm a firm believer that the state should be held to the highest standard and when they break rules or miss deadlines, they should be penalized. I feel the same way in this case as I do Delphi and Syed cases. If the state can't follow the rules, they can't expect citizens to be able to follow them. If it let's a guilty person free, it is their own fault.

 

[Synergizer Bunny]

When arrested, Barry told Agent Grusing that he thought Grusing was his friend. The snitch could be someone who hung out with Barry and has since been sent to prison. Who knows?
However, I agree. I don’t think there is a snitch but i wonder if Barry has some help from a “friend”.

I wonder if someone in Barry's inner circle gave police some info. Of course, they aren't going to divulge the source and may even say that it was an accidental find because the find may generate more conversation from BM.

I think that all signs point to the last person that saw Suzanne alive; namely, her husband, being the guilty party.

JMO.

 

[TIGER0822]

Considering all of the resources invested in this case, I don't think the state can afford to allow Linda Stanley's team anywhere near this case. Withholding exculpatory evidence from the defense during discovery is beyond reckless. Maybe a special prosecutor?

Agreed. They should have lost their jobs for the way they messed up the documents. It was a disaster. They lost the case before it began.

 

[crhedBngr]

I wonder if someone in Barry's inner circle gave police some info. Of course, they aren't going to divulge the source and may even say that it was an accidental find because the find may generate more conversation from BM. I think that all signs put to the last person that saw Suzanne alive; namely, her husband.

JMO.

RBBM

Some of us are wondering this as well.

Hopefully, we'll know more soon.

JMVHO.

 

[TIGER0822]

I'm a firm believer that the state should be held to the highest standard and when they break rules or miss deadlines, they should be penalized. I feel the same way in this case as I do Delphi and Syed cases. If the state can't follow the rules, they can't expect citizens to be able to follow them. If it let's a guilty person free, it is

 

[Observer33]

Agreed. They should have lost their jobs for the way they messed up the documents. It was a disaster. They lost the case before it began.

Which is why LEOs and prosecutors should not have qualified immunity and should be able to face both criminal and civil exposure when they break the rules. They are supposed to be the people leading the way, setting examples and many times they are the worst ones.

 

[TIGER0822]

Dbm

 

[10ofRods]

CBI is state plus some a federal agent. He has them all covered

Suing a state employee is different to suing CO, which I had hoped I'd explained. Anyway, yes, there are EMPLOYEES in all three categories. Who could possibly face personal liability as this thing proceeds. I think the State should be held responsible if it rises to the Federal standard of a Civil Rights Violation.

However, looking at what the US thinks are actual Federal CRV's, I don't think missing deadlines in a local court case qualifies as a CVR. And that's why there would be a federal trial. With a federal jury. Years from now. Federal trials have very strict standards of evidence. "Linda Stanley missed a deadline, so it's a CVR" would set a precedent for Colorado first, then would go to appellate court and of course, on to the Supreme Court - which has been reluctant to hear such cases even when dramatic events (deaths in jail cells after an inmate was ignored/starved/neglected/denied medical care) have occurred. If Barry gets $15M because he had to hire expensive attorneys and some of his property was in evidence, that's a precedent that I believe Colorado, itself, will attempt to overturn.

And I think it will be overturned. Meantime, Barry is likely to face criminal charges once again. Linda Stanley was disciplined, IIRC, which is how things are usually attended to, in cases like this. If many persons investigated criminally got millions of dollars for discovery violations and missed deadlines that would not fix the broken system. Pounding away at government through civil liability suits is not the right means for fixing a broken county system, if that's what the claim is.

OTOH, if Barry is claiming that he was discriminated against because he was a fairly well-to-do male of a non-minority background, well, the problem is that he is still very much on the radar of LE, IMO. Hopefully, the problem is fixed and if there are charges filed again (and I believe there will be), maybe the new D.A. will be the fix. Maybe Stanley has reformed her practices. But what a mess that future federal trial will be, really, if BM is concurrently dealing with criminal charges (again) or has actually been convicted.

My bet is on this Federal case getting delayed and then delayed some more. Barry may well be 70 years old before he sees any money (if a federal jury in fact were to find for him, which I do not believe they will).

IMO.

 

[*Verdigris]

When this goes to trial again, I hope that @10ofRods will be called as an expert witness for the prosecution, to calmly and clearly set the jury straight on all of this insignificant fragmented DNA bunk!

Truly, thank you, @10ofRods for the abundance of information and all of your effort here, (it's like playing whack-a-mole!) to keep this cheap distraction tactic where it belongs.
Judging from the queries on this thread alone, this is an issue—which should be a non-issue—that the prosecution will need to nip in the bud, immediately, next time around.

jmoo!

 

[DeDee]

Most all of us admire Special Agent Grusing. APR 22 '21 "Grusing confronted Morphew with a series of pieces of evidence that he thought didn’t make sense with Morphew’s description of events. While being asked about them, Morphew responded “I don’t recall” a total of 95 times, Grusing said."


Let's go back for a minute to the time when Barry is chasing Suzanne so he can trap her thereby making it easier to kill her on May 9. This is not a big deal but just a curious bullet point.

I have it in my imagery that Barry is chasing Suzanne with his chosen weapon, the dart gun, which I think he dumped in separate pieces in various Broomfield dumps. He admitted to FBI Agents that he tossed tranquilizer drug in Broomfield during his trash runs.

So, Suzanne is running for her life from that dart gun and enters their home. She sprints to the safest place in the house which to her, would be the master bedroom. We have the fractured door frame leading into it. We have a stray bullet on the carpet near the bed. It's a live .22 round.

I don't think Suzanne cowered in a corner waiting for him to bust open that door. Isn't it possible that Suzanne had a gun, a firearm, and she was attempting to load it? Or do most of you feel Barry ejected the live .22 round in order to load the tranq chemical into tranquilizer gun?

Was the live round unnoticed by Barry until that evening when he chaperoned the Police inside Suzanne's closet for an article of clothing for the dogs because I can't imagine him thinking that's a good thing to leave on the floor out in the open when he's trying to get away with murder? Maybe he didn't notice at that time either.


Photo credit: Law and Crime

 

[Seattle1]

https://www.fox21news.com/wp-content/uploads/sites/37/2022/01/SCOCOLOF1PR22012810540.pdf

So this is the phone data and locations data.

Anyone know what the last page is? I see Crestone listed, but I don't see a date or reference for why this page is included. Crestone is very close to Moffat correct? When and who was located in Crestone?

^^bbm

Take note the Location Event here citing "Crestone" located in Saguache County (where one passes Moffat). I recognize OP's Fox21 link as part of the admitted defense exhibits for the preliminary hearing.

Exhibit page is actually from the BERLA Vehicle Forensics report which begs the question: why did date/time of Location Event not populate for this section of the report? Why would the report writer hide this detail?

See the CO Court site for the actual link source: pg 22/89 & 48/89

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/Defense%20Prelim%20Hearing%20Ex%20Rest.pdf

 

[MassGuy]

Most all of us admire Special Agent Grusing. APR 22 '21 "Grusing confronted Morphew with a series of pieces of evidence that he thought didn’t make sense with Morphew’s description of events. While being asked about them, Morphew responded “I don’t recall” a total of 95 times, Grusing said."


Let's go back for a minute to the time when Barry is chasing Suzanne so he can trap her thereby making it easier to kill her on May 9. This is not a big deal but just a curious bullet point.

I have it in my imagery that Barry is chasing Suzanne with his chosen weapon, the dart gun, which I think he dumped in separate pieces in various Broomfield dumps. He admitted to FBI Agents that he tossed tranquilizer drug in Broomfield during his trash runs.

So, Suzanne is running for her life from that dart gun and enters their home. She sprints to the safest place in the house which to her, would be the master bedroom. We have the fractured door frame leading into it. We have a stray bullet on the carpet near the bed. It's a live .22 round.

I don't think Suzanne cowered in a corner waiting for him to bust open that door. Isn't it possible that Suzanne had a gun, a firearm, and she was attempting to load it? Or do most of you feel Barry ejected the live .22 round in order to load the tranq chemical into tranquilizer gun?

Was the live round unnoticed by Barry until that evening when he chaperoned the Police inside Suzanne's closet for an article of clothing for the dogs because I can't imagine him thinking that's a good thing to leave on the floor out in the open when he's trying to get away with murder? Maybe he didn't notice at that time either.

View attachment 450600
Photo credit: Law and Crime

The dart gun cannot fire bullets, but I do like your theory of Suzanne attempting to load a firearm. Just another sign that Suzanne didn’t make the bed the next morning, as she would have seen it. No one slept that night.

 

[Seattle1]

The lack of an on the record statement is pretty interesting here.

You’d think if he had nothing to do with the grave site he’d be in front of a camera even if just reading a carefully crafted statement.

Of course such a statement could be admissible against him but to my mind it’s strange they are not out in front of this.

Unless of course Barry knows what’s in the gravesite.

But I find it strange either way that you wouldn’t go big.

In her second statement issued 9/28/23, IE added all statements from BM will be his legal team.

9/28/23

13 Investigates reached out to the Denver lawyer who represented Morphew's husband when he was originally charged with her trial.

Attorney Iris Eytan, the lawyer for Barry Morphew, provided our team with a statement on his behalf.

*The family is experiencing intense grief and all statements from them will be handled through their legal team.

 

[roguelady]

.

The prosecutors did a terrible job. They missed discovery deadlines, were completely disorganized and deserved to be reprimanded (although I think denying their witnesses bordered on trial interference by a judge). They had better get it together this time, or it will be the same sad sorry joke outcome.

Delete

 

[Love Never Fails]

I wonder if someone in Barry's inner circle gave police some info. Of course, they aren't going to divulge the source and may even say that it was an accidental find because the find may generate more conversation from BM.

I think that all signs point to the last person that saw Suzanne alive; namely, her husband, being the guilty party.

JMO.

I can’t imagine who would be in his inner circle. Nor could i imagine him admitting this murder to anyone. What i was thinking was someone who had worked for him or someone he borrowed a truck from putting it all together and contacting LE out of fear. If it was someone who is now serving a sentence maybe they told what they know for a promise of an early release. Then again, maybe there was no tip Of that kind. Maybe a concerted citizen found some bones?

 

[Megnut]

In her second statement issued 9/28/23, IE added all statements from BM will be his legal team.

Bet she wishes she could've muzzled him before the 3 30.