Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #62 *ARREST*

[Scootie98]

I attended a funeral service at a church for a former Christian colleague who died on the way to the airport after being run off the highway, per witnesses at 4 am. He left a wife and very young children. The message was not to grieve but to rejoice. His mission on earth was complete and he was being called “home” early. It was all part of God’s plan.
At the wake his wife was comforting other non Christians. She was at peace because it was what God wanted and he husband was now with God. She did not question what happened

So I believe Barry told the girls It was Gods plan and it was not for them to question who or why. Her time on earth was complete and God needed to bring her “ home” . Your mother would not want you to be sad. Live the life your mother wanted for you.

You stipulated that this was a former "Christian" colleague who died on the way to the airport after being run off the road"....Barry more resembles the guy running him off the road than he does the former colleague.

 

[Momofthreeboys]

we don't have any idea what creative, outlandish scenario the defense will cook up. My doubts about assisted suicide are that it doesnt jive with the supposed facebook friending.....why commit suicide if you are looking for companionship? But, the defense could then claim that this is an example of how "unstable" SM might have been. The defense is going to look for the lowest common denominator on a jury....Whatever their angle will be...they aren't talking to 12 jurors....they are talking to the weakest 1 or 2 who they believe can hang in there for the duration.

Assisted suicide....not happening...not sure where that idea originated. My money is the lawyers will fight like heck to get the case dismissed if the evidence is slim and if that fails he will plead not guilty and the defense will limit as best as possible what information gets into trial especially anything speculative or character attacks that have no relevance to the charge. Barry doesn't have to do anything but sit there and let them do their job.

 

[Scootie98]

That's the part I'm not getting. I don't really care, at this point, when the thing gets released, but I don't see how waiting two months is going to help the daughters unless...see my above post. If Barry speaks with them and summarizes it, and tells them how it's wrong, at least they'll know what's in it. Of course, Barry should have set aside funds for them to get real professional help. In theory, they have a wrongful death case against their father, so even just getting their own lawyer, one who deals in such matters, could help. I don't know what would help, really.

But all victims of heinous crimes suffer lifelong trauma, I agree.

I am left with the persistent idea that the AA contains stuff that is inadmissible. The DA must surely have felt it was necessary to put those parts of discovery into the affadavit to ensure an arrest warrant. Off the top of my head, I can think of one set of "facts" that would be incriminating but probably not admissible (and that may relate to conversations Barry had in Indiana).

While I agree....there are likely a garden variety of inadmissible entries in that AA....the DA would also get the benefit of some of them being allowed because of the law of large numbers....i.e. volume. The defense could make this court "objection weary"....thus resulting in some admissionable evidence that is borderline....

 

[Scootie98]

I am willing to bet this is not the first time BM has bamboozled (my dad's term) their girls. Those girls are between a rock and a hard place, and might have been so for a long time. They have lost their mom. In addition, their father might be responsible for her death. In that case they have lost both parents.

Certainly, at some point the AA will be released, albeit severely redacted. As the trial nears, more case details will come out. Their girls will be heartbroken if it comes out today or months from now....

I just hope and pray they have good counseling, support and good legal counsel to help them understand and process the contents of the AA. If that means we don't see the AA soon (and I don't think we will), that's fine with me. As long as BM eventually meets his justice.

I can't help but believe, BM has a long history of bamboozling many people and I think a lot of it will come into play at his trial.

JMO, MOO

BM is extorting his daughters....i.e. "if you turn on me and fail me now....you won't have a mother or a father"....Yes, thats him.

 

[CGray123]

The media response itself cites cases as examples of what you are seeking.

Maybe one of our lawyers can help with additional research on how the SC in CO has ruled. But remember, the rules have changed so precedent is only one consideration.

It would be easy for the SC to simply rule in the media's favor without a hearing. I can't see an appeal delaying this case since as of Aug. 31st, the whole issue, if not resolved, is moot.

ITA. This is a new rule, so there is no binding precedent. Argument by analogy is the only option, and the outcome is uncertain, either way. Because the standard of review on appeal is "abuse of discretion" - a standard that has historically resulted in few reversals when it is applied - Judge Murphy's decision will be difficult to overturn.

I am not an attorney but I follow court proceedings, and even so I wonder what the course of the appeal would look like, and whether the Supreme Court of Colorado would have to take the Media appeal from Judge Murphy's order. Normally, the "appeal of right" would be to the Colorado Court of Appeals, with an option to petition the SC for review of the CoA decision. The SC grants less than 10 percent of such petitions.

Rule 55.1 does not speak to the issue of appeals, so I don't know if the SC will necessarily decide the issues. They could simply take a pass, if they don't see this case as worthwhile in terms of setting valuable precedent. JMHO.

 

[Momofthreeboys]

BM is extorting his daughters....i.e. "if you turn on me and fail me now....you won't have a mother or a father"....Yes, thats him.

I believe any conversations with his daughters are monitored these days and the law at this point in the process says the inmate may not threaten or harass. He knows that access was a gift of sorts since contact could have been prohibited and I doubt he will do anything to violate that privilege he received.

 

[CGray123]

I attended a funeral service at a church for a former Christian colleague who died on the way to the airport after being run off the highway, per witnesses at 4 am. He left a wife and very young children. The message was not to grieve but to rejoice. His mission on earth was complete and he was being called “home” early. It was all part of God’s plan.
At the wake his wife was comforting other non Christians. She was at peace because it was what God wanted and he husband was now with God. She did not question what happened

So I believe Barry told the girls It was Gods plan and it was not for them to question who or why. Her time on earth was complete and God needed to bring her “ home” . Your mother would not want you to be sad. Live the life your mother wanted for you.

Thank you for this insight!

Assuming that the girls embraced their mother's beliefs, they could easily have reached this conclusion even without prompting from their father. If they believe it is possible BM killed their mother, they also may have forgiven him as Christ commands for his trespass against them, and refused to judge him in accordance with scripture. Solely in this religious context, God is BM's sole judge. God will repay.

 

[Nikynoo]

Probably not going to be popular with this observation.

From the following article - Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September and is BBM.

“The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases,” the order states. “A significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence.”

So, throwing everything in, INCLUDING the kitchen sink?

This gives an awful lot for the defence to work with - or perhaps too much? Thoughts?

 

[nyvictoria]

we don't have any idea what creative, outlandish scenario the defense will cook up. My doubts about assisted suicide are that it doesnt jive with the supposed facebook friending.....why commit suicide if you are looking for companionship? But, the defense could then claim that this is an example of how "unstable" SM might have been. The defense is going to look for the lowest common denominator on a jury....Whatever their angle will be...they aren't talking to 12 jurors....they are talking to the weakest 1 or 2 who they believe can hang in there for the duration.

I don’t envy the defense attorneys. Whatever they decide, it will be difficult to present an alternate scenario without Barry’s testimony. If he’s like most arrogant criminals, he probably wants to testify. He likely feels confident that he can convince a jury that he’s a nice guy who’s been wrongly accused.

JMO

 

[Momofthreeboys]

<modsnip deleted post>

It would be interesting to see if the timing of the perceived surveillance coincided with the beginning of the social media postulation about domestic violence.

Also, I'm not so sure the girls aren't close to Barry's mom. My guess if needed they have support from both families.

 

[Momofthreeboys]

I don’t envy the defense attorneys. Whatever they decide, it will be difficult to present an alternate scenario without Barry’s testimony. If he’s like most arrogant criminals, he probably wants to testify. He likely feels confident that he can convince a jury that he’s a nice guy who’s been wrongly accused.

JMO

They don't need to use an "alternate" scenario. They only need to punch holes in whatever the prosecution has enough to create reasonable doubt. I suspect he's smart enough to understand that if he were to take the stand that opens up a bunch of stuff for the prosecution. He's a former athlete...right now his legal team is his coach....my guess he'll do what they tell him he should do.

 

[Error505]

Not meaning to derail Suzanne’s thread, but there’s another CO husband facing (“no body”) Murder 1 charge, she’s been missing 2 years. This will be out of El Paso County, CO 4th Judicial District DA Michael Allen, he’s also handling Gannon Stauch murder case. What the he77 is happening to these husbands in Colorado? EBM to add Husband arrested Friday in New Mexico, AA is not out yet, can’t find charges listed yet. Wives bodies are stacking up somewhere in CO. smdh
Police believe husband of 2019 missing Colorado Springs woman strangled her, hid her body | FOX21 News Colorado

 

[Ontario Mom]

It would be interesting to see if the timing of the perceived surveillance coincided with the beginning of the social media postulation about domestic violence.

Also, I'm not so sure the girls aren't close to Barry's mom. My guess if needed they have support from both families.

All being heavily pushed all over social media platforms (at the time).
Regardless whether any of it's true or not.

 

[CGray123]

Probably not going to be popular with this observation.

From the following article - Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September and is BBM.

“The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases,” the order states. “A significant portion of the information in the Affidavit was not relevant to the Court’s finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence.”

So, throwing everything in, INCLUDING the kitchen sink?

This gives an awful lot for the defence to work with - or perhaps too much? Thoughts?

Good question!

This is the most striking feature of Judge Murphy's order, IMO. I have no doubt that it is the longest he has seen in his 30 year career dealing with criminal cases. Nor to I doubt that irrelevant and/or possibly not admissible information above what's needed was included. This is common for two reasons.

Good prosecutors do it to provide context for the circumstantial evidence that supports almost all murder charges. The practice is allowed to enable them to state the case for probable cause cogently without itemizing every bit of supporting evidence.

Some prosecutors take advantage of the latitude given, and pad the AA with detailed, salacious, gruesome allegations, irrelevant statement, and inadmissible hearsay that tend to prejudice the public and promote fallacious thinking in an effort to gain media coverage. The media can publish these statements with impunity even if they are false or invade privacy, because they are court records. This tactic potentially produces additional evidence, but at the cost of unfairly prejudicing the jury pool with evidence that the eventual jury cannot lawfully consider.

Judge Murphy's decision suggests that the AA is so full of this kind of information that it will take the parties two months to redact the AA and allow him to resolve any disputes, so that a properly redacted affidavit can be released. Whether he is overreacting I can't say without seeing the specific examples he blacked out in his order.

My hope is that the core case is strong without the potentially excluded evidence. My worry is that the prosecution is overreaching - filing a thin case instead of waiting patiently for more evidence.

 

[Nikynoo]

Good question!

My worry is that the prosecution is overreaching - filing a thin case instead of waiting patiently for more evidence.

SBBM - thanks for your comprehensive reponse! That is my worry too.

 

[Chelly]

Yes.

I removed my post just in case it was against TOS.

 

[TKG]

Yes.

Absolutely.

 

[SouthAussie]

Who are these people who might possibly harass the daughters?

I would have thought people would be feeling extremely compassionate towards the girls.

"Contains inflammatory information that could be used to harass Barry and Suzanne’s two daughters"

It might not be people that could harass the daughters. It might just be unneceesary information that could harass the daughters. With 'harass' meaning demeaning, humiliating, a person.

For a hypothetical example ... what if the AA contains information such as BM was having a long term affair with their best friend's mother/was viewing *advertiser censored* every night/was dropping Suzanne home after chemo and going out and picking up ladies of the night. And this info is irrelevant to the case (as it is not tested yet) but is humiliating and demeaning to the daughters. With every member of the media picking it up and blasting it all over their papers.

It is possible that the AA contains irrelevant (to the case) information in order to show that BM has questionable character, or cared very little for Suzanne, or to put pressure on the daughters (via the information and the media) so that they might come forth and assist the prosecution.

 

[MsBetsy]

Well, Barry is one of the people who has full access to the AA, so it makes no sense to bar it from our view merely because Barry might harass his own daughters. He's been told not to and would have his ability to speak to them revoked if he did.

If reporters wanted to follow the daughters around (what are there, like 2 local stations with about 1 reporter each on this case?) they would do so, regardless - but AFAIK, Lauren and the other young woman have been quite respectful about privacy of the daughters.

But you're right - if there's anything in the AA that paints the daughters in the wrong colors, I guess the community could turn on them (I doubt it, but I suppose it's possible). Personally, I think it's going to be hard to locate either daughter from now on, except if they decide to attend the hearings and the trial.

Anyway, the way I read that order, it was for the psychological protection of the daughters because the information would be too much for them to process (but I don't get how it will be okay for them in September - by which time, all bandaids will have been ripped off).

Yes, LS has been covering the case but when the AA is released I think it will be national news and there will be many others besides LS wanting to get the "story," both in Colorado and Indiana. She may be respectful to the family, but others may not. We've already seen the DM snap pictures of the neighbor after she refused to be interviewed, and that was when Suzanne was only "missing."

I didn't mean to imply that the AA was sealed merely because BM might harass his own daughters, but when the news comes out there are still ways he could try to intimidate them, even though he's been told not to.

And yes, by the end of the summer the girls may not even be in the area and harder to locate.

Imo

 

[jondaba]

Here are the media refutations of the judge's decisions, as summarized in the Media Response by the media consortium's lawyer.

I would say it is clear the judge erred in the weight given to disclosure. His conclusions are faulty (especially the one about redacting being way too burdensome!)

I. THE LENGTH AND DETAILS CONTAINED IN THE AFFIDAVIT ARE NOT LEGITIMATE GROUNDS TO DENY THE PUBLIC’S PRESUMPTIVE RIGHT TO INSPECT IT

II. THE DEFENDANT’S OWN “INVESTIGATION” IS NOT A “SUBSTANTIAL GOVERNMENT INTEREST” THAT WARRANTS DENIAL OF THE PUBLIC’S PRESUMPTIVE RIGHT TO INSPECT JUDICIAL RECORDS

III. THERE ARE MULTIPLE ADEQUATE AND LESS RESTRICTIVE MEANS TO PROTECT THE SAFETY AND WELL BEING OF THE MINOR VICTIMS

IV. THE DUTY TO RELEASE REDACTED VERSIONS OF JUDICIAL RECORDS, AS SPECIFICALLY MANDATED BY C.R.C.P. 55.1, IS DESERVING OF AS MUCH WEIGHT AS OTHER TASKS THE PARTIES ARE PERFORMING IN THIS LITIGATION

BBM for emphasis

Did the media consortium do anything more that write a letter? Was anything legally filed?