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

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I just looked on the Judge's schedule & he is not listed, but it is a hearing via phone - so not sure if it is still on.

In the tweet (post #878 that gliving posted - it says "on the NW side of County Road R."

I have found on Hwy 17. ?? Is that the same road?
County Road 'R' runs perpendicular to SH17. On the map, it looks like you are driving on SH17 and pull into a driveway i.e., County Road 'R' -- I think: SH 17 and MMP 103 at County Rd R, covers it.
 
Saturday was beach property day, was there ever phone GPS to say he was there? When he put his phone onto AP mode could he have gone back to the beach property in his personal vehicle, which ever one he was driving, and just left an excavator run as a distraction and possibly took another vehicle to bury her and then returned the vehicle when he was done and shut down the excavator and got back in his vehicle and went back home. Didn't they say keys were left in work vehicles? Is that beach property closer to the burial site?
 
I'm still stunned he choose such a wide open expanse.
MOO after looking I think it's a reasonable place.
One pro is that from that Maysville it's all rural highway to Moffat except through Poncha Springs, no going through Salida.
Isolated.
Saturday was beach property day, was there ever phone GPS to say he was there? When he put his phone onto AP mode could he have gone back to the beach property in his personal vehicle, which ever one he was driving, and just left an excavator run as a distraction and possibly took another vehicle to bury her and then returned the vehicle when he was done and shut down the excavator and got back in his vehicle and went back home. Didn't they say keys were left in work vehicles? Is that beach property closer to the burial site?
Beach property is south Salida on ty the Arkansas River. It's east of the Moffat area.
 
Where I live, we call California "the State" and our County by its County name.

Let me ask it slightly differently. Is Barry suing the State of Colorado too?

I thought he was just suing Chaffee County. There's a big difference to my mind. I can't think of a way to bring a tort claim against Colorado unless the suit is alleging negligence/a tort by say the State Lab or something. I haven't read the lawsuit, can someone give a quick summary?

I thought he was accusing Chaffee County of malfeasance/negligence in their persecution of a sorrowing widower. I guess I'm not surprised if he did sue the State.

But if he only sued Chaffee (county officials), then no, Colorado does not have a stake in this game.

The State vs. Barry Morphew was a criminal trial. I am speaking about the words on the pleadings.

Is it Barry Morphew vs. The State of Colorado and The County of Chaffee? I'll try to get a moment here and go look it up, but if anyone knows, that would be great. He's gonna make the whole state hate him if he has actually sued them. As it is, $15M is a lot for Chaffee County. I suppose they have some sort of insurance.

I am also curious about who is representing the defendants in that case - so more homework for me.

BM named 26 defendants in his Civil lawsuit which was filed in the US District Court of Colorado (Federal Court).

The defendants include: Individuals, State, County, and Federal Government employees, County Boards, and County Sheriff's Dept..

 
I followed this case loosely, not closely. I have a question. Are we sure he acted alone through "completion"? In other words, do we know for sure that he didn't enlist the help of others to come get her, help stage the scene, and drive her to Moffat?
 
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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.
The consequences for their actions is that their case is dismissed, and/or they don't win re-election. However IMO, what Eytan & Co is doing with their 15 mil suit is an insult to the justice system. "We the people" want murder suspects to be investigated and charged and tried if there is probable cause. It's the taxpayers who will suffer that 15 mil burden.
 
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Saturday was beach property day, was there ever phone GPS to say he was there? When he put his phone onto AP mode could he have gone back to the beach property in his personal vehicle, which ever one he was driving, and just left an excavator run as a distraction and possibly took another vehicle to bury her and then returned the vehicle when he was done and shut down the excavator and got back in his vehicle and went back home. Didn't they say keys were left in work vehicles? Is that beach property closer to the burial site?

No, the beach/river house property is located in Salida. The burial ground in Saguache County is actually closer to the Puma Path family residence than any place previously discussed in Salida.

1696134446692.png
47 min (46.2 mi) via US Hwy 285 S and CO-17

ETA: link
 
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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!
I think everyone here brings their own something special to the table. And as someone posted earlier, @10ofRods doesn't do fast food, she offers up a 9 course meal ... and we love her :) There's lots to learn from her. One of her posts inspired me to research carrion birds. I didn't realize the great American bald eagle is also a carrion bird (scavenger) :(

Like you, I agree that as an expert witness, @10ofRods would serve this case well ;)
 
I followed this case loosely, not closely. I have a question. Are we sure he acted alone through "completion"? In other words, do we know for sure that he didn't enlist the help of others to come get her, help stage the scene, and drive her to Moffat?
Barry is tight....miserable.... cheap and from Suzannes mouth narcissistic.

He couldn't admit out loud to anyone that his wife was mucking around on him.

IMO this happened spontaneously.
I don't think BM left the beach worksite with the idea that he was going to kill Suzanne.
Confront her.....maybe knock some sense into her.
She had announced 48 hours before that she was done. (with him)
But the conflict was normal in their day to day had been since before they arrived in Colorado.
The escalating deterioration led to more and more pent up energy, bravado and violence .

Barry's love affair with killing things for fun and dealing with all the subsequent horror made him very competent to deal with this mess all by himself.

moo
 
I keep wondering, too.
Maybe he did intend to move her later, but then all the swirling around of LE and the media, which started pretty much immediately, prevented him from completing the transfer to the final spot.
So she was left by the side of the road.
<clipped>
Possible. And yes he did brag to MG that he could hide a body and it would never be found. All of the attention from LE and the media made BM recognizable. If he is up to no good, stopping for gas, an atm or getting a cup of coffee is a risk.
 
I followed this case loosely, not closely. I have a question. Are we sure he acted alone through "completion"? In other words, do we know for sure that he didn't enlist the help of others to come get her, help stage the scene, and drive her to Moffat?

RBBM

We are not sure that he acted alone through "completion".

However, we can't sleuth anyone else until he/she is charged in this case.

JMVHO.
 
I imagine he’s back in Indiana. I would bet a lot of money on him not being under surveillance. This is going to take a while, and that sort of thing isn’t practical at this stage.
Is he still seeing the friend who was consoling him back in Salida? Curious minds want to know ...
 
^^rsbm

Brilliant summary @10ofRods, and thank you! :)

IMO, I'm convinced that it has to be criminal attorneys from across the nation working as a united force with the common goal of preventing the adoption of an educated and/or textbook summary explaining partial profile DNA evidence applicable to this case.

Instead, only weeks after the conclusion of BM's multi-day preliminary hearing in Sept 2021, and BM bound over for trial, his defense wasted no time putting investigators, authorities, and prosecutors on notice of BM's intent to sue for purposefully keeping the identity of a sex offender tied to evidence collected in SM's murder case, more specifically, glovebox DNA evidence excluding BM.

And BM made good on his notice on May 2, 2023, when he filed a $15M Civil Suit in the US District Court of Colorado.

My question to you is how can this subject partial DNA on the glove box represent a credible suspect? Never mind that BM had the motive, means, and opportunity to murder his wife!



10/19/21

Legal papers sent this week allege prosecutors purposefully kept the identity of a sex offender tied to evidence in a Chaffee County killing from murder suspect Barry Morphew’s defense team.

The move comes after a lengthy evidence hearing led to a judge ruling Morphew should stand trial in the death of his wife, Suzanne Morphew, who was reported missing on Mother's Day 2020.

The attorneys allege deputies and prosecutors withheld the identity of a person tied to DNA found on the glovebox of Suzanne Morphew’s Ranger Rover.

A national database of DNA samples taken from inmates showed the DNA was linked to a sex offender who now lives in Arizona, according to the notice of intent to sue filed by the law firm of Fisher and Byrialsen based out of Denver and New York City.

The document contends police didn't chase the DNA lead and look for other possible killers before focusing on Morphew.

The documents filed by Morphew allege new information regarding male DNA found in the Range Rover, saying it was a possible match to a serial sex offender in Arizona.

Morphew’s civil attorneys say investigators knew the man’s identity as early as Aug. 2, a week before the evidence hearing in the murder case. The 10-page document says prosecutors waited until Morphew was ordered to trial before they released it to his defense team. In doing this, Morphew's attorneys contend, prosecutors “conspired to commit a fraud upon the court by withholding exculpatory evidence.”

The DNA issue did come up during Morphew's August evidence hearing. Colorado Bureau of Investigations agent Joe Cahill told Morphew attorney Iris Eytan that the DNA on the glove box is a partial profile.


“It’s Ramsey all over again,” said Grant, who was one of several prosecutors who gave advice in the unsolved 1996 killing of JonBenet Ramsey. “The prosecution will have to contend with the DNA. It makes this case really tough because this DNA found on the glovebox represents a somewhat credible suspect.”
yep.
and there is nothing at all exculpatory about that, not a single iota.
The 'suspect' is only credible if there exists supporting evidence placing him in the area at the time of the crime.
It should have been tossed immediately.
Judge was at fault.
 
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