Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #58 *ARREST*

[Orgona]

Can I ask for advice? I am unable to find some of the older threads on this case. I've read as many as I can find, but are they listed in date order anywhere? Thank you.

In the first few post of every thread you find a post with links to all the previous threads.

 

[cattlekate]

The short rifle thing is really eating at me.

The whole purpose of them, was to trim the barrel down for concealment purposes.
They're NOT used in hunting (by normal hunters, anyway) and they're not accurate for long range shots. (this is all according to MK's guest today, Pete Gagliardi, retired senior agent - ATF)

So what does that leave?
A collector's item?
Inherited?
Used for purely intimidation tactics?
Was this one of those mid-life crisis purchases like a sports car?

Thoughts?

I don’t think there is anything insidious or related to the crime about BM’s possession of the SBR. I think he just didn’t register it however he obtained it.

Looking up SBR’s and regs made me sad. Only in the USA. But I do not think a SBR had anything to do with Suzanne missing.

It might speak something about BM and what he liked, but I think the charge is ancillary to what happened to Suzanne.

 

[DizzyB]

If you file illegally for a PPP loan, what’s the penalty? Did he even have one employee that was not a 1099?

 

[Diddian]

The short rifle thing is really eating at me.

The whole purpose of them, was to trim the barrel down for concealment purposes.
They're NOT used in hunting (by normal hunters, anyway) and they're not accurate for long range shots. (this is all according to MK's guest today, Pete Gagliardi, retired senior agent - ATF)

So what does that leave?
A collector's item?
Inherited?
Used for purely intimidation tactics?
Was this one of those mid-life crisis purchases like a sports car?

Thoughts?

If the charge didn't mention the date range it does, I'd lean toward BM acquiring and bragging about that gun to puff up his Rambo credentials and when LE searched the condo post-arrest, they found it. Thus, the late charge.

However, that date range seems relevant in some way since it spans from the earliest believed potential date of SM's murder and BM's surrender/transfer of the Puma Path home to a new owner.

Remember when Mike and Chris were hinting around about something on the Dark Web? I wonder if that was where BM found someone from whom to purchase that gun, and when that occurred.

If investigators have somehow linked that gun to the murder of SM at the Puma Path home (say a spent bullet was found in a wall or tree at the home in the vicinity of where blood was also found and that bullet matches the rifle, and/or something about blood spray pattern that fits that weapon, and/or SM's DNA was found on the short rifle itself) AND he purchased it from the dark web not long before SM disappeared, that would indicate the gun was purchased in premeditation of the murder.

 

[NuttMegg]

No, I listened to the excerpt of the interview. He said “county” as plain as day. Here’s the video clip 3 min or so.
Chaffee County announces new charges against Barry Morphew | FOX21 News Colorado

Yeah thanks, he clearly said "this county". Just before that he said "She's gone. That's why I think she was abducted. If she's gone and I can't find her around the house, then someone has taken her." Yes, he said if he can't find her around the house. So that's kind of like Watts saying "I don't have anything on my hands" and "I didn't just throw them in the truck".

Why can't you find her "around the house" Barry?

Chaffee County announces new charges against Barry Morphew | FOX21 News Colorado

 

[Lyanna]

I never did quite understand why mail, presumably sent to his home, was even brought into the hotel room.. wasn’t it in the trash? And was something related to property insurance? I mean, if it was for an alibi, he could’ve just left a piece of junk mail with his name on it... plus wouldn’t he assume that the hotel had cameras and would prove he was there?

I don’t know, it’s just a weird little detail to me

I have thought about whether this is what BM was 'hunting' for in Poncha Market bin? Which then leaves me thinking about how many other bins did BM visit Mother's Day 2020 and what may he have disposed of.

 

[cattlekate]

If you file illegally for a PPP loan, what’s the penalty? Did he even have one employee that was not a 1099?

This.

 

[GatorFL]

The short rifle thing is really eating at me.

The whole purpose of them, was to trim the barrel down for concealment purposes.
They're NOT used in hunting (by normal hunters, anyway) and they're not accurate for long range shots. (this is all according to MK's guest today, Pete Gagliardi, retired senior agent - ATF)

So what does that leave?
A collector's item?
Inherited?
Used for purely intimidation tactics?
Was this one of those mid-life crisis purchases like a sports car?

Thoughts?

Hard to say without simply speculating but I don't think it would be a rifle he cut down. There are guns built on smaller frames. I've seen a few, a couple of bullpup rifles and one built on the AR platform. Think small assault rifle. I think they're legal in some states and illegal in others. This looks like a State charge instead of a Federal charge. If a Federal violation I think he would be charged separately, by the Feds.

Unlike others here I am not so confident in the charges, especially since the AA is sealed. It seems like they are looking for minor crimes to bolster what looks like a circumstantial murder case and that often does not work out well for the prosecution.

 

[Lyanna]

The DP can still be applied to crimes committed before July 1, 2020 in Colorado.

I wonder if BM knew that?

 

[NWLady]

Chaffee County announces new charges against Barry Morphew | FOX21 News Colorado

May 18, 2021

Morphew hired two [private] attorney’s Iris Eytan and Dru Nielsen. Eytan has brought more than 50 cases to trial. Nielsen just recently represented Krystal Lee Kenney, the former Idaho nurse who helped put away Patrick Frazee. Nielsen helped her get less time behind bars. They both secured an acquittal by jury in the Tom Fallis case. He was wrongfully charged with the murder of his wife in 2012.
________

In the audio portion of the newscast linked above, LS states BM hired two private attorneys.

To be clear, the Court provides a defendant a Court-appointed Attorney (versus a Public Defender from Colorado's PD office) if/when the PD's office has a conflict of interest and cannot represent the defendant. However, the PD's office does not use public funds to hire additional private attorneys to join the PD team to help them out as CM suggests.

Seriously, one needs to take CM's legal commentary with a huge grain of salt! I recall CM last reported that BM was indicted (grand jury) when in fact Colorado typically charges the accused by Criminal Complaint & Information which is exactly what we are reading from today (filed May 18) and linked below. MOO

https://www.fox21news.com/wp-content/uploads/sites/37/2021/05/21CR78-Morphew-Complaint.pdf

Thanks for this. But my question remains, is BM personally paying for his new legal counsel? TIA

 

[NuttMegg]

Hard to say without simply speculating but I don't think it would be a rifle he cut down. There are guns built on smaller frames. I've seen a few, a couple of bullpup rifles and one built on the AR platform. Think small assault rifle. I think they're legal in some states and illegal in others. This looks like a State charge instead of a Federal charge. If a Federal violation I think he would be charged separately, by the Feds.

Unlike others here I am not so confident in the charges, especially since the AA is sealed. It seems like they are looking for minor crimes to bolster what looks like a circumstantial murder case and that often does not work out well for the prosecution.

That's kind of what I was saying yesterday, but a lot of posters don't agree. I think that he didn't use a gun at all because of the noise, and because he was so much larger than she, so he could easily overpower her and kill her with his hands. Also, why use a sawed off rifle instead of just a handgun, if the gun method was followed. RE the gun charge and the voting charge, unless the short rifle does end up being the weapon used, I just find that bizarre, like saying Watts killed his whole family and his drivers' license was expired. Yes, I know the voting is a federal charge, etc, but why bring it up at this point instead of just tacking it onto the bottom of the HOPEFULLY VERY CONDEMNING AA?

Don't get mad at me guys. I'm still a little uneasy at thinking of the jury watch all those blue eyes in a sea of blonde hair and wide eyed gorgeousness. Oh no, I'm not cynical.

 

[DizzyB]

That's kind of what I was saying yesterday, but a lot of posters don't agree. I think that he didn't use a gun at all because of the noise, and because he was so much larger than she, so he could easily overpower her and kill her with his hands. Also, why use a sawed off rifle instead of just a handgun, if the gun method was followed. RE the gun charge and the voting charge, unless the short rifle does end up being the weapon used, I just find that bizarre, like saying Watts killed his whole family and his drivers' license was expired. Yes, I know the voting is a federal charge, etc, but why bring it up at this point instead of just tacking it onto the bottom of the AA?

The thing that I found intriguing was that the gun charge is part of the murder case #. Maybe it’s a legal thing, if this was found during the investigation of Suzanne’s murder, it would be part of the case regardless of if it was used in the commission of the crime. The voter fraud, with its own unique case #, was not found during the murder/disappearance investigation. I need someone who understands case law to explain.

 

[Orgona]

Thanks for this. But my question remains, is BM personally paying for his new legal counsel? TIA

The public defender and the public defender’s office was withdrawn. Therefor I don’t see how BM wouldn’t be responsible paying for his own new lawyers.

 

[Willowwood26]

Do defense lawyers review case material like the AA and interview the suspect to determine if they have a good case before agreeing to be legal counsel? Would they have looked at the data and suspect to determine their odds of winning the case before agreeing to take it on?

Thanks for asking as I would like to know as well.

Also, the first charge has been changed, if I recall correctly it was with deliberation, and that has been dropped. What would the reasoning be for this?

 

[GatorFL]

That's kind of what I was saying yesterday, but a lot of posters don't agree. I think that he didn't use a gun at all because of the noise, and because he was so much larger than she, so he could easily overpower her and kill her with his hands. Also, why use a sawed off rifle instead of just a handgun, if the gun method was followed. RE the gun charge and the voting charge, unless the short rifle does end up being the weapon used, I just find that bizarre, like saying Watts killed his whole family and his drivers' license was expired. Yes, I know the voting is a federal charge, etc, but why bring it up at this point instead of just tacking it onto the bottom of the HOPEFULLY VERY CONDEMNING AA?

This whole thing is bizarre to me, ever since they charged him. The minor charges remind me of the whole Casey Anthony fiasco, they did that with her as well.

I haven't commented on the prosecutor yet but I was shaking my head when she showed up to her presser with the Sheriff dressed less than professionally, IMO. Yeah, I know, small town Colorado and all, but still you show up to a news conference that will be televised nationally dressed like that? And it wasn't an impromptu conference it was scheduled.

And now Barry has hired what seems to be a top flight defense team. This could get away from that prosecutor quickly.

Back to the gun, if it was something legal in Indiana and he brought with him when they moved and it happened to be illegal in Colorado, it's a complete smokescreen by the prosecutor to detract from a circumstantial case.

 

[Orgona]

Thanks for asking as I would like to know as well.

Also, the first charged has been changed, if I recall correctly it was with deliberation, and that has been dropped. What would the reasoning be for this?

It wasn’t dropped:

COUNT 1-MURDER IN THE FIRST DEGREE (F1)
Between and including May 9, 2020 and May 10, 2020, Barry Lee Morphew unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than himself, caused the death of Suzanne Renee Morphew; in violation of section 18-3- 102(1)(a), C.R.S.

https://www.courts.state.co.us/user... interest/21CR78/21CR78 Morphew Complaint.pdf

 

[mom2chloe]

Thanks for this. But my question remains, is BM personally paying for his new legal counsel? TIA

Either Barry or someone is paying for the defense. The public is not. HTH

 

[Willowwood26]

It wasn’t dropped:

COUNT 1-MURDER IN THE FIRST DEGREE (F1)
Between and including May 9, 2020 and May 10, 2020, Barry Lee Morphew unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than himself, caused the death of Suzanne Renee Morphew; in violation of section 18-3- 102(1)(a), C.R.S.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Complaint.pdf

Thank you! I was reading the top more abbreviated charge, not the body of the whole document. Much appreciated!

 

[Synergizer Bunny]

The public defender and the public defender’s office was withdrawn. Therefor I don’t see how BM wouldn’t be responsible paying for his own new lawyers.

I would also think that the defense attorneys require a hefty down payment.

JMO.

 

[Ontario Mom]

If the charge didn't mention the date range it does, I'd lean toward BM acquiring and bragging about that gun to puff up his Rambo credentials and when LE searched the condo post-arrest, they found it. Thus, the late charge.

However, that date range seems relevant in some way since it spans from the earliest believed potential date of SM's murder and BM's surrender/transfer of the Puma Path home to a new owner.

Remember when Mike and Chris were hinting around about something on the Dark Web? I wonder if that was where BM found someone from whom to purchase that gun, and when that occurred.

If investigators have somehow linked that gun to the murder of SM at the Puma Path home (say a spent bullet was found in a wall or tree at the home in the vicinity of where blood was also found and that bullet matches the rifle, and/or something about blood spray pattern that fits that weapon, and/or SM's DNA was found on the short rifle itself) AND he purchased it from the dark web not long before SM disappeared, that would indicate the gun was purchased in premeditation of the murder.

I had the same thoughts about the dates mentioned in that charge, and the talk from the PE guys about the dark web. Looking at the charge again something else now stands out to me:

"Between and including May 9, 2020 and March 4, 2021, Barry Lee Morphew unlawfully, feloniously, and knowingly possessed a dangerous weapon, namely: short rifle; in violation of section 18-12-102(3), C.R.S."

May 9 was the day before Suzanne was reported missing (likely the day he killed her).
March 4 is also the cutoff date for the 3rd charge Tampering with Physical Evidence.
(I'm still unclear what the signficance of that date is - someone please explain why March 4th is an important date?)

Because those dates are applied to this charge, it leaves me to believe it has to be connected to Suzanne's murder. The voter fraud charges are not included, because they're not connected, they were just a ridiculously boneheaded move also uncovered as a result of the investigation.

But then notice the charge says he unlawfully, feloniously and knowingly possessed a dangerous weapon in violation of state law. Obviously he knew he had the weapon but does that mean he also knew it was unlawful to own it, and also that it was a felony to own it? I suspect that is what it means, since I think most folks know owning modified weapons are illegal, even if you can't recite the criminal code for it. But, if the investigation also uncovered evidence that he knowingly purchased it illegally (dark web fits in here), that would explain the wording of that charge.

jmo