Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #77 *ARREST*

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Do you feel BM will go to trial?

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Yet I thought that the word "sunbathing" was associated with the last known photo. Suzanne sent JL a photo of her sunbathing. She looked radiant.

I suppose the photo shoot of her sunbathing could be both exterior and ended up on the interior of the home in the MasterSuite after she deposits the swimsuit top. This isn't the same item Barry refers to as the string shirt, that she wore with white shorts the last time he said he saw her, is it?

So is that string shirt and white shorts the clothing she wore to sleep in or?.... because didn't Barry say he saw a lump in the bed or kissed her on the forehead while she was still asleep before he left for work? Why wouldn't he just say she was wearing her pajamas or under a blanket so he didn't know what exactly she was wearing? Or did I miss something? <modsnip>
 
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SUZANNE MORPHEW: Judge to determine if there's enough evidence for trial of Barry Morphew | FOX31 Denver


CHAFFEE COUNTY, Colo. (KDVR) — On the fourth and final day of Barry Morphew’s preliminary hearing, a Chaffee County Judge couldn’t decide if there is enough evidence to move forward with a trial.

A new hearing date has been set up for Sept. 17 at 1:30 p.m. to make that decision.

Morphew has been charged with murder and is accused of killing his wife Suzanne, who went missing May 10, 2020. Her body has still not been found.


In court Tuesday, former Federal Bureau of Investigations Agent John Grusing was back on the stand. He said Morphew searched for Suzanne for three to five months, and said Morphew indicated it would “never” be okay to stop searching.

Morphew told his daughters about the affair Suzanne was having with another man, and told investigators it took him a few weeks to get over the affair and anger surrounding it. “We are all sinners,” Morphew told Grusing. “I got on my knees and forgave her. I still love her.”

Grusing doubled down on his assessment that Morphew had been tracking Suzanne.

We’re also hearing from Judge Patrick Murphy Tuesday, who said in open court there were too many objections coming from lawyers and said, “I need to get this hearing done.”

Murphy also said “I think it is well established that Suzanne Morphew was not happy in the marriage.”
I wish Grusing was asked to elaborate on this “tracking.”

I definitely believe that was true, but I’d like to know what form that took.

He was creeping around the house earlier in the afternoon (turkey), and there just had to have been a nefarious reason for that.

He texted Suzanne minutes before he got home (I think he wanted to know where she was, as he had the dart prepared by then).

Grusing has been around the block, getting inside the heads of a double wife killer and a father who killed his son (Henthorn and Redwine).

He fooled Barry to such a degree, that he even commented something to the effect of “how could you do this to me?”

So behaviorally, he knew Barry was tracking Suzanne. Maybe that’ll come at trial.
 
Nooooo! I wish I could unread this. If Barry walks on the 17th they better have guards surrounding the courthouse because all hell is going to break loose. I will always respect your opinion but I am going to be optimistic and go with those who think Judge Murphy needs this time to put in his due diligence. There is so much to review and he has to organize everything and provide reason & law to back up his decision. It has to be bullet proof especially if there is an appeal after the trial. I understand the Judge and attorneys have to coordinate their schedules and find a date that works for everyone but dang three weeks from now?! It seems like it would be more of a priority and they could reschedule other things but I guess it doesn’t work like that because it’s not fair to others. Could Barry’s attorney pressuring the Judge for a decision today so Barry doesn’t have to sit in jail have anything to do with it? Taught her a lesson regardless.

IANOL either or a Judge and I’m starting to think I wouldn’t be a very good juror either because it seems like common sense is not permitted to factor into anything.

Is it too late for Barry to negotiate a plea deal? Could that be something for which more time is needed? A confession and location of Suzanne’s remains for what? Not immunity! But Murder 2? At his age does that even give him a chance to get out of jail? What needs to happen now is Suzanne’s remains need to be found! That would be the miracle we have all been hoping for and we need it now! If there is even any remains left to be found.

IMO: I think it’s possible Barry may look to plea to Crime of Passion / 2nd degree murder, which I believe carries a sentence of 4 - 16 years. That said, I believe Suzanne’s family would have some level of prosecutorial consultation about a negotiated plea. They would want Barry to reveal the final location of Suzanne’s remains.

jmo
 
People v Morphew: finding and order on Sept 17 at 1:30 pm at an in person hearing where attorneys may make an argument and the court will rule. The release of the affidavit will be discussed at that hearing.

https://twitter.com/cocourts/status/1430267532527771652?s=21

Sounds like on September 17th INjustice will be had for Suzanne. And the time he already served will be considered when he goes to court for the voting fraud. So my guess is Barry walks free with time served. Cool.
 
The Judge definitely said out loud that the AA was too long, that parts of it played no part in his decision and should therefore not have been put in, in order to persuade him, because he was already persuaded. And yes, he did sign the arrest warrant, IMO.
bbm
Everything in your post was going well until the arrest warrant. We haven't seen the arrest warrant (have we?)
 
Iirc, at one hearing where BM’s Defense asked for charges to be reduced and bond issued they argued that although Colorado law allows no bond on capital cases, that this is not a capital case. IE argued that the death penalty was repealed before BM’s alleged charge ( May 9-10, 2020). She said it was for crimes charged before July 1, 2020 and the Judge corrected her and said it’s for crimes committed before July 1, 2020 therefore this IS a capital case in his eyes. No one is saying BM is eligible for the DP, but that was the Judge’s position on Bond at that hearing.

JMO
Thanks so much @Cindizzi that is good information -
I am not positive about the judge's discretion about bail after the preliminary hearing if he decides to have the case go to trial. I am thinking that may be different than before the preliminary hearing but I honestly don't know and I am def not a Colo lawyer. Once again IMO only
 
I agree that Judge has some research to do, but I don't think the AA comes into play in his decision. Maybe I'm wrong, but it's my understanding that the only facts to be considered are the facts presented during the PH (25 pages of notes and 20 hours of witness statements). There was plenty of evidence presented during the PH to bound him over for trial, though, imo, this is about the M1 charge. I really didn't hear enough evidence hitting home the premed. I mean, couldn't the prosecution have at least argued that the fact that her body is hidden so well is indicative of planning in and of itself? I expected more.

Let us not be too worried over premeditation evidence. Planning can happen in the blink of an eye. If Barry's dashing about trying to kill his wife, busting down solid wood doors, then he could have stopped himself either before or once he entered the bedroom.

Yet he continued with his quest to murder Suzanne. Busted open the door! Ready. Aim. Fire!

Suzanne is down within minutes. Conveniently, their MasterSuite is located downstairs so he only needs to cart her outdoors to a temporary hiding spot without being seen on hidden cameras.

premeditation
n. planning, plotting or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime. (See: malice aforethought, murder, first degree murder)
premeditation
 
Your post, gives me some hope, that Judge would not add 4 weeks for BM to be locked up, if no trial, or if a bond would occur.:):):)
Fingers crossed, again.

Another long wait for those dedicated followers here, and those involved in the case, and others.
Best of all, BM is so worried: that is the best medicine we have received today.:D
Hope the stress of this wait, really gets to the Creep.

Oh fabulous! That leaves me 4 weeks to get myself banned in the Summer Wells case, Barry was supposed to be my distraction! Darn it! Mods, I apologize ahead of time, but it's judge Murphys fault. Lol
 
I wish Grusing was asked to elaborate on this “tracking.”

I definitely believe that was true, but I’d like to know what form that took.

He was creeping around the house earlier in the afternoon (turkey), and there just had to have been a nefarious reason for that.

He texted Suzanne minutes before he got home (I think he wanted to know where she was, as he had the dart prepared by then).

Grusing has been around the block, getting inside the heads of a double wife killer and a father who killed his son (Henthorn and Redwine).

He fooled Barry to such a degree, that he even commented something to the effect of “how could you do this to me?”

So behaviorally, he knew Barry was tracking Suzanne. Maybe that’ll come at trial.
MassGuy, you have truly been in rare form today.

Now it looks like I have 50 or 60 pages to catch up on the thread tonight/tomorrow/the next day....

I look forward to everyone's summaries! Thank you!
 
Fotis Dulos had all those rules and more... he committed suicide at the exact time he was due in court... nobody questioned his complete lack of movement when him and his bracelet should have been speeding to court. Nobody watches the GPS pings until its too late... perps get a major headstart if they decide to cut it off and run cuz nobody watches the pings in real time... they go back and check the pings when they are questioned about a perp running or not moving at all... those records are only checked when someone has messed up and needs to do some CYA-ing. Jmo

i get that, but I don’t see fotis and Barry being as alike as everyone is saying. And it was my understanding that it *did* immediately raise flags when he wasn’t at court when he should’ve been. My brain is a little hazy on that though.

I know Barry has been stupid, but he left behind minimal physical evidence, and I mean blood or just bodily fluids in the event of a bloodless crime. Fotis? Left a mess, then goes to hartford of all places for disposal. (Come on, cameras are everywhere in big or major cities).. he just didn’t..try, from the beginning. Did he kill her, yes, but the messiness of the whole thing is far different from BM who I feel put tremendous effort in pulling this off, and now, trying to keep a certain persona or whatever. I dunno, I’m tired and not sure I can explain better.

Now I’m going to worry that if BM loses all hope..he’s going to FD himself in or out of the jail. Please no. I’m still pissed about FD.
 
I’m curious as to how often are decisions not rendered at the end of the prelim. I think this was definitely premeditated but I don’t think the state proved it their theory suggests murder 2. I see this as a win for BM…still thinking the judge will bind murder 2 with bail. More waiting!
 
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