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

[Seattle1]

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.

@Niner -- if you rotate the view of SH17 here, you can see each side of Co Rd R. I think it's likely the side that is open and not the gated side. JMO

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[kittythehare]

You remember those books he was reported to have? About living off grid?
Worried that he's going to go and do that tbh (worried that he'll also suicide ) and then Suzanne still won't get justice.

moo

more likely he will buy a plane ticket to somewhere he cannot easily be extradited from, IMO.

 

[Seattle1]

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.

Exactly! And I don't think it was an accident that the defense motion hearing had to be continued after IE over-talked, and the next hearing date landed with Judge Lama, who IE pulled yards of wool over! (After the defense forced Murphy to recuse himself). JMO

 

[Jurisprudence]

I just went thru her civil complaint for all of the DNA that they allege wasn't fully disclosed or not disclosed at all. I have included the source of the DNA parenthetically for those samples that are stated as known. There are some which are still blank though. It's a lot. Not running this to ground was a major screw-up on the state's part imo bc all signs otherwise point to him, and now they've got a mess. If they plan to re-try him, they need to be able to answer for all of this because it's out there now - even if the answer is still "unknown". jmo

In para.160 it states:

"Unknown DNA and unknown male DNA was found on

(i) Suzanne Morphew’s bedside

(ii) one of the stairs of the Morphew home

(iii) the sheets in the dryer

(iv) the bicycle grips (excluded BM, para 201, contained 2 unknown profiles, 202)

(v) the bicycle seat (unknown male DNA - does not seem to be the same as glove box, para 161)

(vi) the bicycle brakes and handlebars (SM, 2 Deputies, para 203; 1 unknown male, para 204)

(vii) Suzanne's bicycle helmet exterior (SM and unknown male)

(viii) Suzanne’s bicycle helmet interior cushions (mixture SM and BM, 198)

(ix) the front driver door of Suzanne’s car

(x) the front passenger door of Suzanne’s car

(xi) the glove compartment of Suzanne’s car (SA/CODIS hit, paras 169,171, 173)

(xii) the rear driver side seat cushion of Suzanne’s car

Arrest Affidavit alleged to state:

Dart box in garage (MM, possible Deputy, paras 186, 188)
Bicycle seat (unknown male DNA, para 161)
Plastic needle cover from dryer (Suzanne and Macy, 191; Former prosecutor, and a friend of SM and BM)

Then she states:
"The unknown foreign DNA tends to prove an abduction, contrary to the Arrest Affidavit’s theory that the bike and helmet were “staged.” Para 206

I disagree with that conclusory statement. This does not tend to prove that it was an abduction, only that it is possible (not even "probable"). The statement disregards the possibility the bike was handled by another person, not the perp, after she had been killed (if help was enlisted), or at any time prior, example when was the bike purchased? Who assembled it? Someone at the store? Was it recently repaired? Did anyone at any time perhaps help her get it into or out of a car, or load it onto a bike rack?

The presence of unknown DNA while it may be exculpatory, does not mean it's exonerating.

All jmo

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

 

[kittythehare]

Exactly! And I don't think it was an accident that the defense motion hearing had to be continued after IE over-talked, and the next hearing date landed with Judge Lama, who IE pulled yards of wool over! (After the defense forced Murphy to recuse himself). JMO

And yet, people are still citing it as a fact.
Calling for them to be prosecuted..

 

[Jurisprudence]

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 think it was spontaneous too, though this is not to say that I don't think the thought ever crossed his mind. This article lays out a pretty damming picture. She tells him she wants out. It's over. Then the next day she's texting her BF 59 times in the morning and in one of them says “we need to be husband and wife”. I can see him catching her texting, grabbing and going through her phone, reading the texts, and flying into a rage. I can see how this is possible. I can also see it being followed by the chipmunk chasing, broken door jamb, and (possible self-serving) follow-up text of "[...sent ... at 2:26 p.m. telling her he was] on his way home, followed by another "Did you leave?"

The spontaneity still does not discount the fact that he had hours after the event to figure out how he was going to handle what had been done. We know his car didn't move [to Moffat on the 9th], right? But did hers? The unknown male DNA on the driver and pax side of her vehicle does have me wondering if others were called to help. They need to do what they can to trace that unknown DNA see if leads back to anyone connected to BM.

jmo

 

[Niner]

@Niner -- if you rotate the view of SH17 here, you can see each side of Co Rd R. I think it's likely the side that is open and not the gated side. JMO

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Thanks! I will use your "SH 17 & MMP 103 at County Rd R".

Do you know IF a Phone hearing - the scheduling conference hearing on 10/26/23 (@ 10am) would be listed on the Judge's schedule? Or should I be looking under Judge Mix? But there is no Judge Kristen L. Mix on the list of Magistrate Judges.

 

[Kemug]

I’ve often thought of the mans son since this video. He and the youngest daughter had a relationship. I’m sure Barry blew up and told her to never see him again. Some apologies are in order from the daughter, don’t you think? Her boyfriend was being honest. She and her dad were not!

Those poor daughters may have trouble finding good men to be their life partners (not that everyone wants to, of course). I should think that many men would not wholeheartedly believe in Barry's innocence, or could pretend that they did, and the girls would probably find that unacceptable.

 

[Kemug]

Suffocation can be done several ways, especially if the person is tranquilized. It's been done many times in other cases, I won't spell out the various ways, but every household has the materials to do it easily.

I keep reading that the court documents state that Barry had scratches on one or both arms. He could have suffocated her without the tranquilizer darts, of course.

He probably knew enough true crime to avoid breaking the hyoid bone. He had to worry that she'd be found sooner than she was.

To think he then sat down and ate steak at their kitchen table just boggles my mind.

I would like to think that he threw it up, just couldn't keep it down, if he had any shred of humanity left.

 

[Kemug]

I doubt it. Days had passed, and he would have showered in the meantime. His wounds had scabbed over too.

Shame LE presumably didn't have the power to "unscab" them.

 

[Lyanna]

Those poor daughters may have trouble finding good men to be their life partners (not that everyone wants to, of course). I should think that many men would not wholeheartedly believe in Barry's innocence, or could pretend that they did, and the girls would probably find that unacceptable.

I can't imagine Barry letting the girls choose their own partners without significant input from himself, imagine he plays a very big part on what they can/can't do.
Control. This situation would exacerbate his need for that to.

Poor kids

moo

 

[Seattle1]

Thanks! I will use your "SH 17 & MMP 103 at County Rd R".

Do you know IF a Phone hearing - the scheduling conference hearing on 10/26/23 (@ 10am) would be listed on the Judge's schedule? Or should I be looking under Judge Mix? But there is no Judge Kristen L. Mix on the list of Magistrate Judges.

Oh no, @Niner -- you are using the Judge/Magistrate from the docket update of 6/26/23, so please strike that list!

As of 8/22/23, we have both a new Judge & new Magistrate:

CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​

Morphew v. Chaffee County et al Assigned to: Judge Daniel D. Domenico Referred to: Magistrate Judge S. Kato Crews Demand: $15,000,000 Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff

Barry Morphew

09/05/2023 #81

ORDER: For the sake of efficiency, the Court GRANTS all pending Motions for Extension of Time to Answer or Otherwise Respond and resets ALL Defendants' deadlines for responsive pleadings to October 13, 2023. Should any Defendants file Rule 12 motions as their responsive pleadings, Plaintiff is given leave in advance to seek any extension of time necessary for completing response briefs.

IT IS FURTHER ORDERED the Telephonic Scheduling Conference is RESET for 10/26/2023 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The proposed Scheduling Order is due seven days in advance.

Dial in information for the Scheduling Conference is as follows: CONFERENCE CALL LINE:
(888) 251−2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 9/5/2023. Text Only Entry (skclc1) (Entered: 09/05/2023)

Also, not all defendants consented to rely on and/or expand the services of the Magistrate for their case so depending on how booked up Judge Daniel Domenico is, not sure how much they will put on the Magistrate's plate. It's possible this case might be designated as a 'crawl along' -- and this was before SM's remains were recovered!

Magistrate S. Kato Crews name appears on the list of Magistrates who publish their calendar but it's too early to check on the week of 10/26.

Current Week's Calendars are posted on Monday mornings. They may be updated daily, at the discretion of each judicial officer. Next Week's Calendars are posted no later than the preceding Friday morning.

Calendars

ETA: There's not even an Order filed yet with the Court for the Scheduling Conference so if it's not filed seven days in advance, then it's not happening.

 

[kittythehare]

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

 

[Niner]

Oh no, @Niner -- you are using the Judge/Magistrate from the docket update of 6/26/23, so please strike that list!

As of 8/22/23, we have both a new Judge & new Magistrate:

CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-SKC​

Morphew v. Chaffee County et al Assigned to: Judge Daniel D. Domenico Referred to: Magistrate Judge S. Kato Crews Demand: $15,000,000 Cause: 42:1983 Civil Rights Act

Date Filed: 05/02/2023 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff

Barry Morphew

Also, not all defendants consented to rely on and/or expand the services of the Magistrate for their case so depending on how booked up Judge Daniel Domenico is, not sure how much they will put on the Magistrate's plate. It's possible this case might be designated as a 'crawl along' -- and this was before SM's remains were recovered!

Magistrate S. Kato Crews name appears on the list of Magistrates who publish their calendar but it's too early to check on the week of 10/26.

Current Week's Calendars are posted on Monday mornings. They may be updated daily, at the discretion of each judicial officer. Next Week's Calendars are posted no later than the preceding Friday morning.

Calendars

ETA: There's not even an Order filed yet with the Court for the Scheduling Conference so if it's not filed seven days in advance, then it's not happening.

Okay - thanks! I will change my notes! And will leave that court date in my notes - as a Maybe!

 

[Charlot123]

more likely he will buy a plane ticket to somewhere he cannot easily be extradited from, IMO.

We are not there yet. Far from it.

 

[Charlot123]

Those poor daughters may have trouble finding good men to be their life partners (not that everyone wants to, of course). I should think that many men would not wholeheartedly believe in Barry's innocence, or could pretend that they did, and the girls would probably find that unacceptable.

Interestingly, I suspect in situations like this, women like IE could be good role models.

The girls grew up in a very parochial environment. Mother stays at home, raises the kids, and while she does a lot (bookkeeping for husband, for example), it is not counted. He is the provider. And mom tolerated everything, including his nasty character, his anger and abuse, because it is how it used to be. And mom got killed because maybe she stayed with him for too long - but she had nowhere to go, she was not self-sufficient.

Some women can find a partner who is a class higher than Barry, but for this, strong personality is still penultimate. Or else, they can try to get the best education and be self-reliant. And then, write out their own tickets when it comes to finding men. But I don't know if the girls have it in them. They didn't see it in the family. This is why I think that seeing independent women is important.

 

[Charlot123]

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.

And, a 100% match. The problem is, a match with pieces of DNA is not a match.

 

[girlhasnoname]

I'm still stunned he choose such a wide open expanse.

That is what bugs me too, it just makes no sense. I still believe he may have moved her remains at some point, especially after LE said they had a good idea of where she was located but couldn't get to it. Maybe that was a ploy between LE and BM.

He's had plenty of time to revisit the original site and move her himself, or with the help of a 'friend'.

HAHAHA I'm just so thrilled this guy is sweating his butt off, he's been strutting around like the poor, innocent victim way too long while Suzanne has been laying in a makeshift grave alone and uncared for. Tick Tock Barry.

moo

 

[girlhasnoname]

I would like to think that he threw it up, just couldn't keep it down, if he had any shred of humanity left.

I think he ate his steak just fine, he needed his protein for the long night ahead of him.

BM has no humanity left, he proved that by killing Suzanne and then expecting the girls to come home to a missing mother while he laid in the bed at the hotel room trying to catch some zzzz's because, you know, all that killing and staging really takes it out of a guy.

MOO

 

[girlhasnoname]

Shame LE presumably didn't have the power to "unscab" them.

Hah, yes. I just hope that there is some of BM's DNA left under Suzanne's nails. It takes approx. 40 years for nails to disintegrate so there might be some there. Please, please let there be some there.

MOO