@Tiff23fr Thanks for asking about my (amateur) game plan. I'd love to bounce my ideas off of you (we're in similar fields) and also off the legal eagles here.
(TL;DR - DV; timeline; witness will show motive, means and opportunity to commit the crime of murdering Suzanne Morphew).
Domestic violence and the danger of divorce would be my first topic, with all the evidence of Barry's pre-disappearance control (an expert witness on DV; Barry controlling the money; SO's and Suzanne's sister's testimony about a violent marriage; probably put the daughter who recommended a restraining order on the stand (gently) and I'd also ask her if the door frame had been broken the last time she was at the house; the nose clipping event; the times he pinned her down to the bed; the time he threw her into a closet and held a gun to his head; all his suicide messages; then put the expert back on the stand to give a statement about how suicidal controlling spouses often turn homicidal. The fact that women are most vulnerable to murder (femicide) when they try to leave would get hammered home. I'd also have a chart of all the things that constitute DV (it's not just punching people, shoving and blocking exits and "clipping" in the face while making wild hand gestures, getting in someone's face, yelling, threatening, financial control, sexual control, implicit threats of violence - such as "bumping" one's big muscular body up against someone to herd them around as if they are a deer, religious control, gaslighting, blaming the victim - all of that needs to be discussed and good graphics made).
How abusers try to isolate the victim more and more, to control and to silence them.
Then I'd start the timeline of how Suzanne planned to leave (starting with her financial moves to try and get some money to go, constantly reiterating how secretive she needed to be). Starting May 6, the timeline will ramp up and begin to include Barry Morphew's opportunity (daughters gone, Suzanne alone, poor cellular connection, distance between houses in that area
and his motivation (financial and she's leaving). I'd go into Barry Morphew's financial patterns (including his dependence on Suzanne for big sums of money). Barry's actions from May 6-11th would be combed over with a fine tooth comb.
He has no alibi. I'd try to establish that his financial motivation was huge, that he carried a gun around the house, that he admitted shooting the gun on May 9th, and I'd introduce the broken door frame. I'd have a map of the larger area and another of the PP house. I'd include the elk head with flesh attached outside the house to attract mountain lions, I'd include his rapid move to get conservatorship, his getting rid of Suzanne's things, his bizarre statement about saving just one person, his exchange of his truck for a new one, and his selling of the RR (maybe two RR's) and his sale of the Indiana house. I'd hope that SO has information about Suzanne wanting to move back to Indiana. I'd bring in any witnesses who could explain that Barry believed only death could end a marriage and Suzanne's statements about Barry permitting no discussion of divorce ("because it will never happen.") Here, I believe it's tricky. Surely JL can testify to Suzanne's reasoning about divorce, at least to some degree. Anyway, this would be the timeline section (I'm really good at drawing timelines myself, with color coding and I would have slides and when all the timeline was put together, it would be highly incriminating). Barry had opportunity, he had means, he had motive. The scratch marks would be presented in this part. I'd probably also have a local LE witness talk about how it's a small town and many already knew Barry and that his reputation as a friendly, God-loving man made them reluctant to draw the conclusion that he was a murderer, and have that person tell why their mind changed. I'd include his attempt to influence MG as a witness. I'd include the lies he told to his nephew (put the nephew on the stand).
I'd include the financial forensics in the timeline section. This would include all the evidence the Suzanne did not voluntarily leave.
There'd be quite a bit of testimony, but I'd boil it down to a simple timeline and that timeline would be there at the summation. Obviously, the trash dump would be a big part of it.
Then I'd do all his lies in a big chart (how his story changed many times). The reset of the truck's GPS would be part of this (another set of experts here - to do car and phone GPS, including from a third phone which I believe he used in this crime and evidence of Suzanne's phone from the Cloud). I know Barry made more than just trash run stops and that LE has evidence of him out and about on May 9-10 (the evidence that caused Monarch Pass highway to be shut for a day - even if they didn't find much, they had reason to believe Barry had been in certain places - where Suzanne's body may still be hidden). I'd describe the searches for Suzanne and why Barry was excluded from official searches and how he behaved when Andy tried to search. I'd put Andy on the stand. His lack of cooperation and lying to the investigators needs to be strongly emphasized (not just because of that one charge, but for the whole case). He had knowledge of his own guilt. He also lies. I'd include lies told to the Moorman family about not being part of the loan (despite borrowing money to invest in community property). I'd include his lying about working on Sunday in Broomfield. The reset of the GPS would be emphasized as evidence that Suzanne was disposed of. I'd certainly mention the tranquilizer material, of course and bring in an expert to tell how that would help Barry avoid certain kinds of forensic evidence.
Then I'd wrap up with witnesses who could speak for Suzanne in some way. If that one pastor can be brought to the stand to repeat what Barry said to her, that'd be great too. But I'd have SO back on the stand, Suzanne's sister, one or both of the daughters, anyone who could read out Suzanne's grievance list, the texts between Suzanne and her supporters. If necessary, I'd address the issue of why they left Indiana (if defense claims it's due to the affair, I'd counter with it was due to Barry becoming increasingly violent - even in the workplace, of which there are two examples where there are witnesses). I'd imply that Suzanne wanted out, but that Barry had cornered her.
(And then I think about getting lucky...does the prosecution have witnesses from the gym who might know if Barry used steroids? Because I think he did...did Suzanne reveal anything to the Ritters about the state of the marriage - that would a lucky break; what about that DV group? etc What does SD know? )
I'd take the risk of putting one or both daughters on the stand, or at least Macy (I believe she really did advise her mother to get out and get a restraining order and I believe she's seen way more than we know). I don't think Macy will lie on the stand.
I'm stumped as to whether Barry actually had affairs. We all thought he did, but so far, no evidence that he did - except that he's with SD within two months after Suzanne disappears and SD's BF seems to believe she was already involved with Barry at the time of Suzanne's disappearance - that's just an intuition of mine after seeing his picture in the crowd at the first presser - but I think he knows when they got together).
At any rate, I'd make this trial about the dramatic story of a beautiful young woman who marries a man who truly believes he's in charge of her and that physical intimidation is just how he roles. If Barry is acquitted (by those 1-2 jurors who deep inside agree with him), at least the story of Suzanne's life, her endurance of DV, and the fact that apparently happy, well-to-do families may not actually be happy. That "Godly" men are capable of deception and I'd want to leave the jurors with a strong notion of Barry Morphew as deceptive and the exact opposite of what some members of his community thought him to be.
And I"d fervently hope that he was found guilty of all the charges, but if not, at least of felony possession of an illegal weapon and felony deception of the 8 LE/public officials. Because I do not want Barry to own any guns or be in possession of any guns for the rest of his life.
No more hunting for Barry.
