Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

[Alethea]

This is what gets me. They are going to attempt to show there is nothing that warrants a murder charge but willing to bargain down to 2nd degree?? I don’t know about anyone else but if I was accused of murdering my husband and I didn’t, I would not agree to something like that no matter what my lawyer advised me. I just couldn’t do it. I’d rather die in jail professing my innocence and remain true to myself. Also, I would have done everything in my power to find him and the person who murdered him.

We all know how Barry handled it .

They weren't saying he would plead to second degree murder but rather the maximum the state should be able to try to prove at trial should be second degree murder. Essentially they want first degree murder taken off the table. Then at trial they'd presumably try to prove that the elements for second degree aren't met. Whether they claim it was an accident or someone else did it and BM is totally innocent who knows. But they are trying to get the goal posts moved.

 

[Seattle1]

I googled communications via Kindle.
You can chat with your friends or access FB or something else.

How to Chat on a Kindle

It doesn’t tell me whether a kindle uploads to the cloud or not. I assume that any media with the potential to store books would have some backup, or am I wrong?

Fortunately, Amazon markets their own cloud storage (says one that made the mistake of associating one's Apple ID with two instruments-- preventing two iclouds for backup-- without extra effort and cost)!

 

[Charlot123]

Being a previous teacher, I wonder if Suzanne subscribed to any teaching magazines/websites, and learned about spy pens there. Then adapted the use of one for her own purposes.

…Only most people won’t just buy from a magazine. They’d get an idea from the magazine.

When I buy electronics, after all reviews, I would still consult other people as to what they use. I know that stars and “10 best product” reviews mean nothing, so I need to hear that someone was happy with their purchase and didn’t send it back to Amazon the next day.

I assume - if the spy pen was SM’s - that she must have heard about this model being good enough for the job - from someone else.

If the pen belonged to BM, all the more so. He had to get the advise about the model from another person, if he never used such devices before.

P.S. you’d think that people won’t consult about spy kits, but a failed spy kit is worse than useless, so I bet someone advised that very model, to whoever used it.

 

[CGray123]

This is what gets me. They are going to attempt to show there is nothing that warrants a murder charge but willing to bargain down to 2nd degree?? I don’t know about anyone else but if I was accused of murdering my husband and I didn’t, I would not agree to something like that no matter what my lawyer advised me. I just couldn’t do it. I’d rather die in jail professing my innocence and remain true to myself. Also, I would have done everything in my power to find him and the person who murdered him.

We all know how Barry handled it .

BBM. I don't think the defense request to dismiss the first degree murder charge as a sanction for the alleged violation of the judge's discovery order was an attempt at bargaining or a signal of willingness to plead guilty to anything. If the charge was reduced to second degree murder BM would be eligible for bail. IMO, the whole hearing was a performance for E&N's client ("We're passionately in your corner and aggressively trying to get you out of jail.") and perhaps an attempt to test Judge Murphy. He responded with an evenhanded and reasonable approach that suggests to me (MOO) he's seen this kind of performance before.

 

[Seattle1]

BBM. I don't think the defense request to dismiss the first degree murder charge as a sanction for the alleged violation of the judge's discovery order was an attempt at bargaining or a signal of willingness to plead guilty to anything. If the charge was reduced to second degree murder BM would be eligible for bail. IMO, the whole hearing was a performance for E&N's client ("We're passionately in your corner and aggressively trying to get you out of jail.") and perhaps an attempt to test Judge Murphy. He responded with an evenhanded and reasonable approach that suggests to me (MOO) he's seen this kind of performance before.

^^bbm

Yes -- Just as BM is about to receive his progress billing and view his retainer dwindling...

 

[charminglane]

I googled communications via Kindle.
You can chat with your friends or access FB or something else.

How to Chat on a Kindle

It doesn’t tell me whether a kindle uploads to the cloud or not. I assume that any media with the potential to store books would have some backup, or am I wrong?

Now you've got me thinking:
LE would have grabbed the Kindle on the first go around.
What they found in that Kindle email account could be one of the reasons they knew what had happened to Suzanne almost immediately.
People who knew Suzanne were asked if they had communicated with her via 5-7 different Apps. Maybe her prime mode of conversing on the sly was through the Kindle.
BM probably only thought it was for downloading books and the use of internet-no email other than her established one that he may/may not have monitored.
If you don't use the Kindle yourself for your ebooks, it is not readily apparent on the device that it is there.

 

[Charlot123]

Also, a great educational. My students who are slow note-takers use one in class. Approved via school counselor and with teacher informed. Very helpful.

Thank you! I advised taping lectures, but these ones might be better as they don’t attract attention to the students’ issues.

 

[Charlot123]

Now you've got me thinking:
LE would have grabbed the Kindle on the first go around.
What they found in that Kindle email account could be one of the reasons they knew what had happened to Suzanne almost immediately.
People who knew Suzanne were asked if they had communicated with her via 5-7 different Apps. Maybe her prime mode of conversing on the sly was through the Kindle.
BM probably only thought it was for downloading books and the use of internet-no email other than her established one that he may/may not have monitored.
If you don't use the Kindle yourself for your ebooks, it is not readily apparent on the device that it is there.

Plus, one more thought. I don’t use separate Kindle, as it is one more device, so it never occurred to me…

In cases when LEO check all electronic media, such as computers and cellphones, do they always remember to check for a Kindle? What if the partner throws out the Kindle and says, “this iPhone and Mac is all she/he had”?

 

[Seattle1]

A good refresher from earlier thread...
CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #61 *ARREST*

After requesting a preliminary hearing, the prosecutor must provide evidence to establish probable cause to a judge in the Colorado County Court.

This requires probable cause sufficient that an ordinary person could have a reasonable belief that the defendant may have committed the crime for which they are charged. If the judge finds probable cause, the court will bind over the case for arraignment. If the judge does not find probable cause, the case can be dismissed.

What Happens During a Preliminary Hearing?

A preliminary hearing is held before a judge of the Colorado County Court where the felony complaint has been filed. During the preliminary hearing, the prosecutor has to show probable cause to continue with the legal proceedings against the defendant.

The rules of evidence may be more relaxed at a preliminary hearing.

During the preliminary hearing, the prosecutor may present evidence, including hearsay evidence, which may not be admissible later on at trial.

The prosecutor may also present evidence such as witness or victim testimony. Evidence is viewed in a light favorable to the prosecution.

The defendant and his criminal defense attorney are present at the preliminary hearing. However, the Colorado DA cannot call the defendant to testify.

The defendant may have access to limited discovery evidence before the preliminary hearing, to prepare their case.

The defendant also has the right to cross-examine the witnesses called, and introduce evidence on behalf of the defense.

"Preliminary Hearings" In Colorado Felony Criminal Court Cases

 

[steeltowngirl]

^^bbm

Yes -- Just as BM is about to receive his progress billing and view his retainer dwindling...

What happens if BM runs out of money? Does he return to a public defender? Or are Dru and Iris stuck with him for the duration?

 

[Scootie98]

Alternatively, BM could have worn his preferred muscle shirt with chest pocket as he threw something away at that trash can. Perhaps spy pen fell out of the chest pocket?
{You never know...}
I fully believe it is Suzanne's pen. BM would have had cameras inside his home if he really needed to spy on Suzanne.(Recent cases have shown me that this is a thing!)

T

Interesting, but wouldn’t lying to LE amount to obstruction of justice and come with a felony charge?

Reciting something Barry gaslighted and manipulated them to say isn't exactly lying. After all....he asked one of them to talk to Lauren.... The judge has been adament, I think, about emphasizing the fact that the daughters are victims. Victims aren't perps.....No one else has been charged in this case...and, if my memory serves me correctly, didn't the sheriff say there aren't any other suspects?

 

[Scootie98]

They weren't saying he would plead to second degree murder but rather the maximum the state should be able to try to prove at trial should be second degree murder. Essentially they want first degree murder taken off the table. Then at trial they'd presumably try to prove that the elements for second degree aren't met. Whether they claim it was an accident or someone else did it and BM is totally innocent who knows. But they are trying to get the goal posts moved.

nice catch....

 

[Scootie98]

…Only most people won’t just buy from a magazine. They’d get an idea from the magazine.

When I buy electronics, after all reviews, I would still consult other people as to what they use. I know that stars and “10 best product” reviews mean nothing, so I need to hear that someone was happy with their purchase and didn’t send it back to Amazon the next day.

I assume - if the spy pen was SM’s - that she must have heard about this model being good enough for the job - from someone else.

If the pen belonged to BM, all the more so. He had to get the advise about the model from another person, if he never used such devices before.

P.S. you’d think that people won’t consult about spy kits, but a failed spy kit is worse than useless, so I bet someone advised that very model, to whoever used it.

Another element to this "spy pen" saga is that Suzanne must have been terrified of being discovered...be it spy pen, be it phone call recordings, texts been hijacked...whatever....This is a part that just infuriates me...that this poor woman, who may have bravely developed a documentation trail...in the course of escaping bondage....did so absolutely terrified of being caught by her husband...the one person in the world who should have been her savior...right behind her Lord and Savior. Taking her defenseless life makes me want to (..........).

 

[Scootie98]

BBM. I don't think the defense request to dismiss the first degree murder charge as a sanction for the alleged violation of the judge's discovery order was an attempt at bargaining or a signal of willingness to plead guilty to anything. If the charge was reduced to second degree murder BM would be eligible for bail. IMO, the whole hearing was a performance for E&N's client ("We're passionately in your corner and aggressively trying to get you out of jail.") and perhaps an attempt to test Judge Murphy. He responded with an evenhanded and reasonable approach that suggests to me (MOO) he's seen this kind of performance before.

I guess you had better be able to do some kind of song and dance for the big bucks being spent?

 

[GordianKnot]

100% speculative thoughts on my part for discussion and consideration: It now makes me wonder if BM wasn’t searching for the spy pen in the trash can in front of the bike shop. I have not been convinced he was looking for the bike helmet as so many have thought or he may have suggested. A helmet tossed in such a small confined space would have been easy to retrieve by just feeling around for it. BM seemed to have had plenty of time to encounter it if it was in the trash can before he was interrupted by the shop employees that day.

He was definitely looking for something discarded that was smaller and had to be dug for in a pile of trash. Likely something that would have weight to it and settle to the bottom.

What if somehow Suzanne managed to discard it while in town during her last visit and BM was on the hunt for it? However, Suzanne confided in someone about where it was tossed and that information ultimately allowed LE to retrieve it first. BM however, was left to retrace her/their last steps to locate it first, thus the digging in the trash can in town in front of the bike shop.

It gives a little credence to BM being adamant about not wanting to be voice recorded for interviews or take the voice test LE offered up. It makes me wonder if BM was trying to avoid being recorded because he knew his voice was on the spy pen and it would easily incriminate him.

IMO MOO Just thinking out loud about possible scenarios to fit some of the actions and details being released.

Re: Barry's dumpster-diving behavior at the store, I've always been of the opinion that he was discarding something vs. trying to retrieve something.

I'm convinced he was burying evidence in the trash, not recovering it.

On account of, that's what Barry does.

He hides stuff.

JMO.

 

[Scootie98]

Plus, one more thought. I don’t use separate Kindle, as it is one more device, so it never occurred to me…

In cases when LEO check all electronic media, such as computers and cellphones, do they always remember to check for a Kindle? What if the partner throws out the Kindle and says, “this iPhone and Mac is all she/he had”?

What happens if BM runs out of money? Does he return to a public defender? Or are Dru and Iris stuck with him for the duration?

Lets muddy the waters a bit....is he spending only his money on Dru and Iris...or is he spending his and Suzanne's? And if its the latter...is there a fiduciary reponsiblility being violated, somehow...whereby Dru and Iris realize that they are defending BM with monopoly money after a certain point...and it is at that point where they begin to discuss "alternatives" with him?

 

[Scootie98]

Re: Barry's dumpster-diving behavior at the store, I've always been of the opinion that he was discarding something vs. trying to retrieve something.

I'm convinced he was burying evidence in the trash, not recovering it.

On account of, that's what Barry does.

He hides stuff.

JMO.

Yes...this appears to be true...but Barry was under tremendous stress and strain....I think there is a third possibility...He discarded something....then thought the better of it and decided..oops...I shouldn't throw that in there...might get searched....and was attempting to retrieve something he discarded. I see this misstep being possible just like when this avid outdoorsman-hunter attempted to tell Tyler that a mountain lion had possibly dragged his wife "up the mountain".....I am quite sure he would love to walk that one back.

 

[GordianKnot]

Fortunately, Amazon markets their own cloud storage (says one that made the mistake of associating one's Apple ID with two instruments-- preventing two iclouds for backup-- without extra effort and cost)!

I got no idea what any of that means, but the "no extra effort and cost" part sounded really promising, so I went ahead and smashed the "like" button.

Basically, if @Seattle1 says a tech thingy is good, that's good enough for me!

 

[charminglane]

Plus, one more thought. I don’t use separate Kindle, as it is one more device, so it never occurred to me…

In cases when LEO check all electronic media, such as computers and cellphones, do they always remember to check for a Kindle? What if the partner throws out the Kindle and says, “this iPhone and Mac is all she/he had”?

I LOVE YOUR THINKING!
Yes, I'm yelling. This is such a great point.

 

[susiQ]

They weren't saying he would plead to second degree murder but rather the maximum the state should be able to try to prove at trial should be second degree murder. Essentially they want first degree murder taken off the table. Then at trial they'd presumably try to prove that the elements for second degree aren't met. Whether they claim it was an accident or someone else did it and BM is totally innocent who knows. But they are trying to get the goal posts moved.

Ahhh, I see! Thank you @Alethea for your explanation. Makes perfect sense. Thanks to @Seattle too for responding earlier! Nice try defence! Too bad, not sad it didn’t work!