Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #78 *ARREST*

[DizzyB]

He didn't criticize the probative value of the entire AA. He just said that '...a significant portion of the information in the Affidavit was not relevant to the Court's finding of probable cause." So he's questioning the probative value of some the things they included, rather than of the entire AA.

By way of (silly) example, imagine an elementary school teacher assigned the class an essay on Goldilocks. Little Suzy wrote the best essay that the teacher had ever seen on the subject. However she also included footnotes on every page explaining why Johnny, who sits next to her, is a giant poopyhead. The teacher would be correct in saying both that Suzy had written an amazing paper on Goldilocks and that the essay contained irrelevant and inappropriate content.

For issuing an arrest warrant based on the AA, the only thing that matters is whether the relevant information in it establishes probable cause. The extraneous information is just irrelevant. And Judge Murphy obviously felt that the relevant information was sufficient to show probable cause, since he signed the warrant. For releasing it publicly, the irrelevant information included becomes an issue since it will be released as well. It's a bit of a catch-22 since it's hard to know how reasonable his concerns are without seeing the information that he's concerned about. But say for example that the AA includes a transcript of all of the messages between SM and JL, including photos. Only a small portion of those messages are relevant to probable cause. But the content of the rest of the messages would probably generate fairly intense media (I can imagine the Daily Mail headlines) and social media attention for a while and might be quite devastating to the daughters/Suzanne's family.

It seems like the eventual solution is redaction. Hopefully they do that and release it soon. My personal impression of the judge so far is that he seems careful and cautious. Those can be good qualities in a judge, but they can also be taken too far.

I think a lot of it may have been related to JL and Suzanne wanting to leave Barry. It was important, but how many pages of it were required? The Judge seemed to indicate he was over the constant discussion of it during the PH when he said “I think it is well established that Suzanne Morphew was not happy on the marriage”.

 

[O.Incandenza]

Thank you so much! Adding the 3 bears to the ark (we only had 1 before).

Crap, I hope no one from Barry's team reads my post. I wasn't meaning to give them ideas for additional suspects...

 

[Kingsley]

I think Barry's "control" over Suzanne has been probably over misinterpreted....obviously she was able to come and go under the guise of visiting family and friends and obviously she had access to money. It is entirely possible that "that" quote was taken out of context of a larger discussion. I do agree that I think Barry trusted her up until some unknown point in time. Barry was the income producer so it may have been a flip response to a question about where income came from...we don't know so really can't make assumptions.

While I think that Suzanne's not even having an ATM card is weird and troubles me, I also think that people/families who get a lot of cash income probably don't often need an ATM card. I can see that BM could potentially be a source of cash there. JMO.

 

[Curiousobserver]

Exactly. Of ALL THAT EVIDENCE in the A.A., we mostly heard about the parts that the defense thinks are hinky.

But that's supposed to be how it works. The prosecution is required to present exculpatory evidence (evidence that could exonerate Barry) and so the DNA in the glove box and in the back seat, stuff like that - that's just about all there is.

And that evidence isn't exculpatory at all since its a partial match, which scientifically means nothing.

I don't buy the argument that the case isn't strong- its circumstantial yes, but there are too many aligned circumstances for much reasonable doubt that BM killed his wife. We don't know exactly how but we know sort of when.

 

[pseudo_hum]

The spa bottles in the car were empty. I suppose they were there so that Suzanne would know what to buy if she was ever allowed to go to the spa store.
............
I sure would like to know how it was Barry was there for 1.5 hours and what in heck they talked about for that length of time. Surely, he wasn't just standing there with his hands in his pockets.

Shorten, bolded for emphasis; IMO, he would more likely be standing there with his hands in their pockets

 

[CGray123]

I tend to agree. I suspect there is something morally reprehensible connected to BM (and at this point, would that really surprise any of us?) that's been uncovered in the course of the investigation into Suzanne's disappearance. I suspect that whatever that thing is, is what the judge was attempting to shield the M daughters from, with the sealing of the AA for now.

jmo

BBM.
This seems very likely to me. But I believe the principal reason for sealing the AA has always been - and remains - the difficult task of redaction. Especially after the prelim, which was attended by both daughters, the judge can have no doubt that they have taken steps to protect themselves from harassment, and that they have decided to face whatever comes, standing by their dad.

I never believed protection of the Morphew daughters was a sound reason to seal the affidavit, and it's completely irrelevant now.

However, the redaction cannot be done until Judge Murphy takes a conscientious look at the evidence presented in the preliminary hearing, and decides whether it is sufficient that an ordinary person could have a reasonable belief that BM may have committed each crime for which he is charged.

 

[MassGuy]

I theorized a few threads back that the unspent bullet could’ve come from Suzanne trying to frantically load a gun for protection before Barry forced the door to get to her. I believe he didn’t realize she dropped a bullet when doing so. Would you lean more toward that, or it falling from his shorts? Both are plausible. I just think he would’ve tried harder to locate it when he stripped his shorts to throw them in the washer if that were the case.

I’m so ready to see the AA so I can understand the weapons and their locations a bit more. Perhaps you know, is the 22 the weapon labeled as a short rifle, or are those two separate items? I know next to nothing about guns.

The missing towel (and the gps/ping data) leads me to believe whatever happened started when Suzanne was still sunbathing. I don’t understand how or why her bathing suits were not taken into evidence, unless they just didn’t have that photo yet to realize their significance. I don’t think the sheets have anything to do with her murder at this point. Just the other things that were tossed in to dry with them later.

So I actually don’t think the round even factors in. If Suzanne was going for a gun in the bedroom, I’d expect it to be loaded. I’d also expect it to be a different caliber from the 22.

I do believe the 22 (chipmunk gun), is the short rifle. Agent Grusing mentioned Barry handing it though his car window in March, which explains the end date for the short rifle charge.

They likely didn’t know about the bathing suit until much later, so it wouldn’t have been taken into evidence at the time. The defense mentioned there being no blood on it, so it must have been taken into evidence after that photo was discovered.

 

[DizzyB]

While I think that not even having an ATM card is weird and troubles me, I also think that people/families who get a lot of cash income probably don't often need an ATM card. I can see that BM could potentially be a source of cash there. JMO.

I despise ATMs. I probably have an ATM card, but I have not used one in 10 years. I operate almost exclusively using credit cards, and my significant other tosses me a bit of cash weekly for walk around money-maybe like Suzanne? My SO does go to the bank occasionally, but I never do. We have no issues with our setup.

I do think that 6 “girl trips” in that short of a time might raise an eyebrow, but there are plenty of people who travel frequently so I don’t know. Was a minor home alone during that period, staying with friends, or was Barry responsible? If Suzanne planned her trips around Barry being away, he might not even realize she was gone, unless a minor mentioned it.

 

[fcavanaugh]

Trying to catch up and read some posts about putting phone on Airplane mode and GPS tracking. My apologies if this is redundant but thought I’d post for reference. I believe I remember reading that the M’s had iPhones as Suzanne had been accessing “find my iPhone” at some point. I was curious about whether putting the phone on Airplane mode also disables GPS tracking. According to article at link below, it doesn’t. Apparently, it’s a 2-step process to disable both. The article tells you where to go in iPhone settings to disable both features:

Part 1: Does Airplane Mode Turn off Location?

No, a phone can be tracked on Airplane Mode. GPS is a separate technology that sends and receives signals directly from the satellite. It does not depend on cellular service at all and that’s why a third-party can easily track your location, even when you’ve turned on the Airplane Mode.

Fortunately, there’s a way to hide your GPS location from others. In addition to turning on the Airplane Mode, you’ll have to disable GPS on your device. Once the GPS is disabled, no one would be able to track your location at all. When you want to hide your location, all you have to do is disable the GPS and turn on Airplane Mode on your smartphone at the same time.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

[2021 Update] Does Airplane Mode Stop GPS Tracking?

 

[jondaba]

Regarding the chlorine smell in the room, and the statement that it was from the pool.

I just read Colorado Covid timeline and came to the conclusion that the state responded fast. Schools were closed on March 16, ski resorts and gyms, in March. Given this, I seriously doubt that the swimming pool in Broomfield, CO, stayed open in May as it would be a violation of Covid policies given that the gyms were closed at that time. If the hotel closed the pool, though, and pumped out the water, the smell of chlorine for 4 months in a room below would indicate serious violation of building codes, or leaks. Having stayed in multitude of hotels, and motels, and inns, in the country and all over the world, I never heard of such a situation, the smell of chlorine in a room above the pool. It would be interesting to see if the pool is even below the rooms, but if it is, as it sometimes happens, there is additional insulation.
P.S. read reviews about the inn on Travelocity and some on Hotels.com. Mostly, positive; people would mention slow room cleaning service. No one said a word about the smell.

IIRC the hotel mgr said they were not using chlorine.

 

[CGray123]

Regarding the chlorine smell in the room, and the statement that it was from the pool.

I just read Colorado Covid timeline and came to the conclusion that the state responded fast. Schools were closed on March 16, ski resorts and gyms, in March. Given this, I seriously doubt that the swimming pool in Broomfield, CO, stayed open in May as it would be a violation of Covid policies given that the gyms were closed at that time. If the hotel closed the pool, though, and pumped out the water, the smell of chlorine for 4 months in a room below would indicate serious violation of building codes, or leaks. Having stayed in multitude of hotels, and motels, and inns, in the country and all over the world, I never heard of such a situation, the smell of chlorine in a room above the pool. It would be interesting to see if the pool is even below the rooms, but if it is, as it sometimes happens, there is additional insulation.
P.S. read reviews about the inn on Travelocity and some on Hotels.com. Mostly, positive; people would mention slow room cleaning service. No one said a word about the smell.

I have been in this very same hotel. My parents still live in Boulder, my home town. They have a small condo, so when we visit my rambunctious tribe finds the least expensive accommodations nearby. The hotel has the added advantage of being close to Rocky Mountain Metropolitan Airport.

I can attest that there is no smell associated with the pool in the rooms. It's not present, even in the lobby, which is directly proximate to the pool entrance.

 

[Warwick7]

Who doesn't get scratches working construction with heavy equipment!!

But, that not Barry's claim.

 

[gliving]

@SydneeStelle

Replying to
@SydneeStelle
A hotel manager later address the chlorine smell in Barry's room to investigators, saying that his room was directly above the pool and that's why it smelled like that.

https://twitter.com/SydneeStelle/status/1429912512561131533

 

[Momofthreeboys]

BBM.
This seems very likely to me. But I believe the principal reason for sealing the AA has always been - and remains - the difficult task of redaction. Especially after the prelim, which was attended by both daughters, the judge can have no doubt that they have taken steps to protect themselves from harassment, and that they have decided to face whatever comes, standing by their dad.

I never believed protection of the Morphew daughters was a sound reason to seal the affidavit, and it's completely irrelevant now.

However, the redaction cannot be done until Judge Murphy takes a conscientious look at the evidence presented in the preliminary hearing, and decides whether it is sufficient that an ordinary person could have a reasonable belief that BM may have committed each crime for which he is charged.

Yes and I don't care if you are a Morphew or a Moorman, if there was a bunch of character assassination that isn't admissable either because it isn't relevant or it's hearsay... either of Suzanne or Barry, they don't need to have it public and certainly the public shouldn't be able to read it.

 

[Warwick7]

If the prosecution had any bombshells I think they would have presented it at the hearing. Not presenting it runs the risk of the judge dismissing a major charge. And that's where we stand now -- uncertain how the judge will rule because some areas of evidence are quite thin.

During the Patrick Frazer trial, the bombshells came out during the trial. The PH was only an appetizer.

 

[Kingsley]

I despise ATMs. I probably have an ATM card, but I have not used one in 10 years. I operate almost exclusively using credit cards, and my significant other tosses me a bit of cash weekly for walk around money-maybe like Suzanne? My SO does go to the bank occasionally, but I never do. We have no issues with our setup.

I do think that 6 “girl trips” in that short of a time might raise an eyebrow, but there are plenty of people who travel frequently so I don’t know. Was a minor home alone during that period, staying with friends, or was Barry responsible? If Suzanne planned her trips around Barry being away, he might not even realize she was gone, unless a minor mentioned it.

I edited my last post to clarify that Suzanne not having one (or access to one) was troubling. This opinion is due to other likely controlling behavior over her. I didn't mean that people generally not using one are weird and troubling. My apologies for poor word choice.

 

[girlhasnoname]

Trying to catch up and read some posts about putting phone on Airplane mode and GPS tracking. My apologies if this is redundant but thought I’d post for reference. I believe I remember reading that the M’s had iPhones as Suzanne had been accessing “find my iPhone” at some point. I was curious about whether putting the phone on Airplane mode also disables GPS tracking. According to article at link below, it doesn’t. Apparently, it’s a 2-step process to disable both. The article tells you where to go in iPhone settings to disable both features:

Part 1: Does Airplane Mode Turn off Location?

No, a phone can be tracked on Airplane Mode. GPS is a separate technology that sends and receives signals directly from the satellite. It does not depend on cellular service at all and that’s why a third-party can easily track your location, even when you’ve turned on the Airplane Mode.

Fortunately, there’s a way to hide your GPS location from others. In addition to turning on the Airplane Mode, you’ll have to disable GPS on your device. Once the GPS is disabled, no one would be able to track your location at all. When you want to hide your location, all you have to do is disable the GPS and turn on Airplane Mode on your smartphone at the same time.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

[2021 Update] Does Airplane Mode Stop GPS Tracking?

Thanks for the post, it just reiterates to me how unlikely it is when BM told investigators that if his phone was in airplane mode at critical times, it just happened by accident.

 

[katydid23]

• Barry claimed Suzanne was using alcohol and drugs, and when she needed money she went to him. He was her ATM.

Morphew: Hearing continues with questioning of FBI agent

So she didnt have a debit card or a check book? She couldn't go to the bank and withdraw cash? Wasn't it a joint account?

 

[girlhasnoname]

I have been in this very same hotel. My parents still live in Boulder, my home town. They have a small condo, so when we visit my rambunctious tribe finds the least expensive accommodations nearby. The hotel has the added advantage of being close to Rocky Mountain Metropolitan Airport.

I can attest that there is no smell associated with the pool in the rooms. It's not present, even in the lobby, which is directly proximate to the pool entrance.

Thanks for an in person perception.

I agree that if such an "overwhelming, eye burning" chlorine smell (as described by MG and JP when they walked in the room) was a common event, it would have been noted by previous guests before BM just happened to check in there.

IMO

 

[Warwick7]

Barry won't be on the stand. His lawyers will strongly and vigorously work so that doesn't happen. It's his right but he's smart enough to let them handle it. I'm sure he is regretting greatly not hiring a lawyer from the get-go.

Barry won't take the stand, because he talks big, but he's a weasel.