Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #111

[Auntie Cipation]

What is crib?

 

[Seattle1]

What is crib?

'Crib' is nickname of the mechanic at DSi (he changed the blade on Bobcat for BM).

 

[Auntie Cipation]

Thank you @Seattle1 .

 

[mrjitty]

'Crib' is nickname of the mechanic at DSi (he changed the blade on Bobcat for BM).

Makes sense. He makes 10 calls, starting with Crib, just before he gets to DSI, and ending 15 mins before he gets home.

I think this much just be some data SNAFU but somehow it didn't get picked up for nearly 2 years in the sheet. I always thought it was weird because we never talked about him making all those calls after he got home.

But it is logged like this in the BERLA exhibit. My guess is that BMs phone is paired with the truck, do his call logs are synced to the truck - but just one hour out.

I am not sure whether a call is synced if he makes the call not from the truck, but is then synced when he later gets back in the truck - i need to check if 100% of his calls are in both logs

 

[mrjitty]

So here's the complexity (i knew i needed to do an audit/cross check!).

If I look at the defence phone exhibit table in their PDF page 43 - lines 81 to 83, I find the calls to Hardwick, Suzanne and Tim Backhoe, all in the correct order, with the times out by exactly 1 hour 1 minute. So that explains the difference compared to the BERLA telematics logs. For some reason, when these sync to the truck, the time is logged precisely one hour one minute later. I think for our purposes this does not matter. I don't know what the source of the table exhibit HH is but i presume its either BM's iphone directly, or from the cellular provider.

[see screenshots so you don't have to look it up]

BUT

Some calls are not there. Specifically these 2 appear in the truck call log but not in the Barry iphone exhibit.

2020-05-09 14:45:14	5082D5C28971	Call – Outgoing	Crib.	Outgoing
2020-05-09 14:45:54	5082D5C28971	Call – Outgoing	Suzanne Morphew	Outgoing

(remember to deduct 1 hour 1 min from those times)

Is it because these 2 calls are made from Whatsapp or Facetime? So logged on the truck but not in the iphone call logs?

There are more examples like this. e.g. a Kim Gym call is not in the phone logs, and none of the calls to Crib.

My head hurts.

 

[Megnut]

So here's the complexity (i knew i needed to do an audit/cross check!).

If I look at the defence phone exhibit table in their PDF page 43 - lines 81 to 83, I find the calls to Hardwick, Suzanne and Tim Backhoe, all in the correct order, with the times out by exactly 1 hour 1 minute. So that explains the difference compared to the BERLA telematics logs. For some reason, when these sync to the truck, the time is logged precisely one hour one minute later. I think for our purposes this does not matter. I don't know what the source of the table exhibit HH is but i presume its either BM's iphone directly, or from the cellular provider.

[see screenshots so you don't have to look it up]

BUT

Some calls are not there. Specifically these 2 appear in the truck call log but not in the Barry iphone exhibit.

2020-05-09 14:45:14	5082D5C28971	Call – Outgoing	Crib.	Outgoing
2020-05-09 14:45:54	5082D5C28971	Call – Outgoing	Suzanne Morphew	Outgoing

(remember to deduct 1 hour 1 min from those times)

Is it because these 2 calls are made from Whatsapp or Facetime? So logged on the truck but not in the iphone call logs?

There are more examples like this. e.g. a Kim Gym call is not in the phone logs, and none of the calls to Crib.

My head hurts.

I think you're on to something. Barry was making phone calls inside and outside of his truck and using different contact lists. Like you say, maybe using apps. Like one traditional call outside his truck, then a blue tooth call inside the truck, then a call using whatsapp. And IE submitted this log  because it jumbles the timeline. At first glance. And she knew it. Barry can't be gunning Suzanne down and breaking through bedroom doors if he's in his truck making phone calls. Except he wasn't making those phone calls. He made them an hour earlier.

JMO

 

[Megnut]

This has been perplexing me too. The missing miles, the left turn, the helmet, MG hearing what she believed to be Barry's truck, and the telematics.

1. Does LE have new telematics that they saved for trial tracking Barry's movements en route to Broomfield and it'll be damning as hell?

2. Within all the lights off, lights on, doors locked, etc, did the log record brake lights? Did it record windows? Was the window already open when he made that left turn or did it open shortly thereafter? Did Barry get away with a whole first round of FDulos' styled Odyssey of Stupidity, having discarded evidence in various locations prior to heading out of town? Namely her phone and biking clothes. I've always wondered if he didn't pitch something near or into a dumpster by the campgrounds... and again at the Poncha Market, a choice he maybe later tried to remedy. Oh, how I'd love to know if he was searching that bin, putting something in or taking something out....

3. Why did Barry indicate where he'd turned around? Because he did turn around there and thought they already knew it? Or to distract from where he actually did go? Between Bsplaining and tale-spinning, it's like the man is allergic to telling the truth. Ever.

jmo

 

[mrjitty]

I think you're on to something. Barry was making phone calls inside and outside of his truck and using different contact lists. Like you say, maybe using apps. Like one traditional call outside his truck, then a blue tooth call inside the truck, then a call using whatsapp. And IE submitted this log  because it jumbles the timeline. At first glance. And she knew it. Barry can't be gunning Suzanne down and breaking through bedroom doors if he's in his truck making phone calls. Except he wasn't making those phone calls. He made them an hour earlier.

JMO

Yes - I think that might be the explanation. I have a few questions:

If you make a normal call away from the truck, then get back in your truck and your phone connects - does it then sync the call made outside the truck?

Do Whatsapp calls show up in the iphone call logs? I am guessing yes because they do on my phone. but this was years ago, and we don't even know if BM had WA. But they would not show up on the cellular call records so this might explain why they are not there

Ditto facetime?

The critical call to SM that is missing from the phone logs is 10 mins before he arrives at DSI and according to Grusing, only 5 mins after he left home (vege soup etc - he was home between 11.30am and 1.40pm according to CAST). Why would he be calling SM then, and why is this call missing from his phone logs?

We know SM likely did not have WA loaded up on her phone at 1.45 but we know she was a user. Did BM discover she was on there?

 

[mrjitty]

I think perhaps you haven’t calculated the phone drift. It’s pretty remarkable how phones jump around especially in areas with obstructive landscape and not alot of cell towers. His phone could be jumping all over that house and he could be standing still somewhere. It’s really moot because my guess is none of that moving around rapidly chasing something will be part of any future trial.

Is there any evidence there was drift? It's a possibility but IEs speculation is not evidence.

And the defendant confirmed he was running around so we have corroboration the data was broadly correct.

 

[Megnut]

Could Barry have loaded some shovels and a cooler on his or his neighbor's ATV, backpathed it to the fire station or fire camp, borrowed a second truck, driven to Moffat, dug his half-grave, returned the truck, ATVed back to PP, well within the 3.5 hours or so he had between admit 11pm and 3am, plus or minus?

How fast can an ATV with a seasoned, motivated driver go? Is there any way he took an ATV the distance, followed the power line once he reached Moffat, driving entirely blacked-out, all but invisible? Not a 45-minute drive but more like 75? Which is why the grave wasn't deeper? He literally had no time?

Somewhere in a sad landfill within 3 hours of Maysville does a lonely pair of night vision goggles sit?

It is my opinion that, immediately after Suzanne expired, Barry concealed her body and spent the next couple hours organizing his strategy while waiting for his cover of darkness. Went through work files getting rid of anything he didn't want prying eyes to see, burning some, saving others, burning the journal. How much did he kick himself later that he didn't maybe sure the fire consumed every last bit? (Of course, by nature I didn't think he ever kicks himself. Raging case of Never His Fault.) Why'd he burn it at all? I suppose it'd be too identifying if it ever turned up from someone's landfill treasure hunt. Not too smart not to check the grate by morning, to make sure. Maybe he did. Maybe he relit it, left it to finish burning on Mother's Day. Some Christmas wrap kindling to get it started and blessedly it petered out.

Jmo

 

[mrjitty]

It is possible he jumps in his truck at 1.40pm with his 2nd device connected to his truck - calls crib, then accidentally calls SM from the wrong phone?

Its very odd to me that he then calls SM again only 2 mins later, but this time it's logged in his regular phone logs.

I guess it's also possible that the defence simply didn't exhibit those 2 calls for some reason. None of the calls earlier than that are there

Another day, another rabbit hole.

 

[Megnut]

Yes - I think that might be the explanation. I have a few questions:

If you make a normal call away from the truck, then get back in your truck and your phone connects - does it then sync the call made outside the truck?

Do Whatsapp calls show up in the iphone call logs? I am guessing yes because they do on my phone. but this was years ago, and we don't even know if BM had WA. But they would not show up on the cellular call records so this might explain why they are not there

Ditto facetime?

The critical call to SM that is missing from the phone logs is 10 mins before he arrives at DSI and according to Grusing, only 5 mins after he left home (vege soup etc - he was home between 11.30am and 1.40pm according to CAST). Why would he be calling SM then, and why is this call missing from his phone logs?

We know SM likely did not have WA loaded up on her phone at 1.45 but we know she was a user. Did BM discover she was on there?

Bbm

Refresh me, how do we know about that call? (Or how did LE?)

It's not something he could manually delete, could he?

Has it ever been eliminated entirely, Suzanne and JL on whatsapp? IIRC he couldn't remember if they had... even if Suzanne used a second device, like a tablet, to connect, there'd still be evidence of activity on it, if not the actual content.

I think that, whatever was transpiring that day, what Barry saw on his trail or mini cam in the morning, combined with Suzanne ignoring his calls in the afternoon (he likely assumed she was on another adult call when, in reality, she was probably showering, dressing and doing laundry, but he was a bull and he was seeing only red, and that's why things unfolded as they did. If he'd taken a breath and planned better, he could have covered his tracks better and hidden her beyond discovery.

He. Was. Out. Of. Control.

In every way.

JMO

 

[mrjitty]

Bbm

Refresh me, how do we know about that call? (Or how did LE?)

It's not something he could manually delete, could he?

Has it ever been eliminated entirely, Suzanne and JL on whatsapp? IIRC he couldn't remember if they had... even if Suzanne used a second device, like a tablet, to connect, there'd still be evidence of activity on it, if not the actual content.

RSBM

The block of calls I have been looking at between where he leaves home at 1.30pm to go to DSI with the bobcat, and gets back at 2:44pm is all logged in the truck logs and the defence exhibited them, but 2 of them are not included in the defence cell phone exhibit.

But having been round all the houses, I think the defence simply did not exhibit all the calls that day for some reason - with an arbitrary cut off.

What makes this hard is if you look at the defence exhibits PDF page page 43, you'll see the very strange way the calls are listed. And the defence mostly focusses on the Sunday 10th not the 9th

Also - there is stuff that was exhibited that is not in this PDF - namely the bobcat logs

As one example, the defence no doubt wanted to exhibit the bobcat logs to show it was always at PP from 14:45pm and not used to dispose of SM - but then they ignore implications of that e.g. Barry would not have popped out to the spa store with a loaded bobcat lol.

We see this many times when Nielsen X-ing Grusing claims BM set his alarm for 4.30am and left from Broomfield after 5am - completely ignoring an hour of truck telematics in the 3am hour.

They just chose when they'd use the data and when to ignore it - and exhibited incomplete stuff to confuse.

 

[Megnut]

It is possible he jumps in his truck at 1.40pm with his 2nd device connected to his truck - calls crib, then accidentally calls SM from the wrong phone?

Its very odd to me that he then calls SM again only 2 mins later, but this time it's logged in his regular phone logs.

I guess it's also possible that the defence simply didn't exhibit those 2 calls for some reason. None of the calls earlier than that are there

Another day, another rabbit hole.

Didn't he also have a daughter's phone? Maybe calls on that phone are logged separately? IE knows what the data shows. So she manipulated holes where no holes exist.

JMO

 

[mrjitty]

Didn't he also have a daughter's phone? Maybe calls on that phone are logged separately? IE knows what the data shows. So she manipulated holes where no holes exist.

JMO

Yep - possible. But i think they just didn't exhibit the iphone call logs before 1.46pm on the 9th

Ignore me. There is this strange one hour discrepancy in the data that we now understand. i don't think it means anything beyond that,

 

[Boxer]

Is there any evidence there was drift? It's a possibility but IEs speculation is not evidence.

And the defendant confirmed he was running around so we have corroboration the data was broadly correct.

I worked out his locations from the phone data at the time. Its consistent with the speed of a man running around and through the house ending at the master bedroom.

 

[Boxer]

It is maddening that the LS prosecution couldnt we ven bring a map. Nor apparently go over witness testimony in advance.

 

[Momofthreeboys]

Is there any evidence there was drift? It's a possibility but IEs speculation is not evidence.

And the defendant confirmed he was running around so we have corroboration the data was broadly correct.

Good question. I "see" drift all the time when I go "looking" for family members but I have no idea what data captures. I'll see that my phone shows a family member some distance from the house and they are actually "in the house" or it will show them "jumping around" like they are moving with their phone from place to place in proximity. Sometimes the phone will just say they are in a radius circle because it can't "locate" them. Other times it can be really really accurate and will show them just where they are. It is just so variable. I have to assume this is a common phenomenon if you are not in an urban or suburban area and moreso if you are in an area with geographic obstructions. In the AA and during the preliminary it was just one of those "oh my alarm bells" that went off in my head. Unless a future trial is somewhere with a predominantly "urban/suburban" jury I assume that people who experience this will know about drift which is why I don't think a second attempt will focus on the "running around chasing Suzanne" theory. Too easy to argue against. He might well have been moving around but to try and exactly pinpoint an exact location at an exact time...I'm just not sure of the accuracy of of those statements. He says he was moving - I don't recall him saying he was "running" so perhaps he was but as far as accuracy of location near/in/or by the house or speed of movement...I just don't have confidence as a statement. IF it does enter a future trial of course I'll be fascinated by expert testimony.

 

[GatorFL]

Good question. I "see" drift all the time when I go "looking" for family members but I have no idea what data captures. I'll see that my phone shows a family member some distance from the house and they are actually "in the house" or it will show them "jumping around" like they are moving with their phone from place to place in proximity. Sometimes the phone will just say they are in a radius circle because it can't "locate" them. Other times it can be really really accurate and will show them just where they are. It is just so variable. I have to assume this is a common phenomenon if you are not in an urban or suburban area and moreso if you are in an area with geographic obstructions. In the AA and during the preliminary it was just one of those "oh my alarm bells" that went off in my head. Unless a future trial is somewhere with a predominantly "urban/suburban" jury I assume that people who experience this will know about drift which is why I don't think a second attempt will focus on the "running around chasing Suzanne" theory. Too easy to argue against. He might well have been moving around but to try and exactly pinpoint an exact location at an exact time...I'm just not sure of the accuracy of of those statements. He says he was moving - I don't recall him saying he was "running" so perhaps he was but as far as accuracy of location near/in/or by the house or speed of movement...I just don't have confidence as a statement. IF it does enter a future trial of course I'll be fascinated by expert testimony.

I'm in an urban/suburban area and have 2 daughters. We have Life360. It bounces all the time. The pin will be in one spot, then on the other side of the house 1 second later. There is also a lag. It will say she's in her friend's house and 5 seconds later she's in the car and is several blocks away.

 

[mrjitty]

Good question. I "see" drift all the time when I go "looking" for family members but I have no idea what data captures. I'll see that my phone shows a family member some distance from the house and they are actually "in the house" or it will show them "jumping around" like they are moving with their phone from place to place in proximity. Sometimes the phone will just say they are in a radius circle because it can't "locate" them. Other times it can be really really accurate and will show them just where they are. It is just so variable. I have to assume this is a common phenomenon if you are not in an urban or suburban area and moreso if you are in an area with geographic obstructions. In the AA and during the preliminary it was just one of those "oh my alarm bells" that went off in my head. Unless a future trial is somewhere with a predominantly "urban/suburban" jury I assume that people who experience this will know about drift which is why I don't think a second attempt will focus on the "running around chasing Suzanne" theory. Too easy to argue against. He might well have been moving around but to try and exactly pinpoint an exact location at an exact time...I'm just not sure of the accuracy of of those statements. He says he was moving - I don't recall him saying he was "running" so perhaps he was but as far as accuracy of location near/in/or by the house or speed of movement...I just don't have confidence as a statement. IF it does enter a future trial of course I'll be fascinated by expert testimony.

The problem is IE cannot assert Barry lied to Grusing - Barry has to give that testimony himself. At this point in time we have Barry confirming the location data was accurate in terms of the below conversation.

The State case is that BM was moving around the house - and he was asked if he was looking for SM. Barry confirms that he was chasing a chipmunk. So sure, IE could try to introduce expert evidence that drift exists as a phenomenon but there is no way to prove that it actually was drift at that moment. And given Barry said the data was accurate it seems this will be simple to prove.

In particular I suspect a Court would not give IE much rope in terms of suggesting BM was tricked into lying, if BM himself does not testify to it. IE does not know if BM was tricked or not and what he tells her out of court is not admissible of course.

Grusing told Barry that when he arrived that afternoon, his phone went around the house “quite a bit.” Barry was nodding his head and saying, “Mhhmhh, mhhmhh.” SA Grusing asked, “Were you looking for her?” Barry said, “I shoo--, | shoot chipmunks.” SA Grusing asked, “You shoot chipmunnks?” said, “I shoo--, | shoot chipmunks.” SA Grusing asked, “You shoot chipmunnks?” Barry said, “Yeah.” SA Grusing said it looks like he was chasing one. Barry said, “Yeah, I was, I’ve shot 85 chipmunks because they got into my furnace and cost me a bunch of money. said, “Yeah, I was, I’ve shot 85 chipmunks because they got into my furnace and cost me a bunch of money. So, when [’m home...” SA Grusing interrupted and asked if he used a .22, and Barry replied, “Twenty-two. So, when I’m home I just walk around and shoot ‘em. Just keep going around the house.” (Barry made circular motions with his right arm.) He said, “Everytime I go around the house, I’ll see another and I'll shoot it.” SA Grusing told Barry that activity would explain his phone’s behavior, adding that he left his driver door open in the garage before he went to the first patio. Barry said, “Mhhmhh,” and said, “Yeah, shootin’,” while nodding his head during the description of movement. He added, “No, I’m shootin’chipmunks. I’ve done that ever since we’ve moved in.” added, “No, I’m shootin’ chipmunks. I’ve done that ever since we’ve moved in.” SA Grusing asked Barry if he remembered doing it that day. He nodded his head and said, “Mhhmhh, oh yeah.”