Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #79 *ARREST*

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I am disturbed by any parsing of potential domestic violence.

Either it was or it wasn't. Either we know or we don't.

My comments are not directed at this specific post
but to all posts that want to try to explain this particular evidence that we know so little about.

Because there are DV survivors in this forum, I find it disturbing to either discount or classify behavior not defined by the prosecutor as DV either way.

We have Barry's statement and we know his character. That is all we have, right?

Please correct me if I am wrong about the facts. All the rest is MOO.

No, I don't believe you are wrong about the parsing of potential domestic violence.

To be clear, busting the door frame, shooting 85 chipmunks, and threatening suicide were all acts of domestic violence by BM.

On May 18, 2021, the People of the State of Colorado filed 5 charges against BM including Murder, Tampering with a Deceased Body and Physical Evidence, Dangerous Weapon, and Attempt to Influence Public Servant with Domestic Violence Enhancement or Aggravator where the state does not treat domestic violence as an independent crime.

BM did not have to touch a hair on SM's head to warrant the domestic violence aggravator because the state recognizes that the act or threat of violence is the same.

The State further recognizes that any act or threat against a third person, or property for the purpose of coercion, control, punishment, intimidation, or revenge directed at a person with whom the aggressor has or had an intimate relationship is domestic violence.

Excellent post @MassGuy.

As you may recall, in Colorado, domestic violence is not a standalone crime.

Colorado defines domestic violence as an act of violence or threat of violence against a person with whom the aggressor has or had an intimate relationship.

Domestic violence also includes any other crime or municipal ordinance violation committed against a third party or against property for the purpose of coercion, control, punishment, intimidation, or revenge directed at a person with whom the aggressor has or had an intimate relationship.

For example, an aggressor who vandalizes an ex-spouse's car with the purpose of intimidating the ex-spouse is guilty of a crime involving domestic violence.

In order for the offense to be considered a crime involving domestic violence, the parties must be in or have been in an intimate relationship. "Intimate relationship" means a relationship between one of the following groups:

  • current or former spouses
  • current or former unmarried couples, and
  • parents of the same child, regardless of whether the parents were ever married or resided together.
(Colo. Rev. Stat. § 18-6-800.3.)

Colorado Domestic Violence Laws
 
Thinking about those stops in Broomfield...one stop was at a "hotel" where Barry claimed he was waiting for someone to let him in so he could get a free breakfast? That one is interesting for a couple of reasons...first, there should be cameras at that hotel, which I would like to know which one it is...it obviously wasn't HIE. Second, breakfast normally ends at a set time, like 9am or something...so what time was Barry at that hotel? There are a lack of videos while Barry was making these stops...but that "hotel" stuck with me because it wasn't identified. And it was reported that he stopped at Mickey Ds but didn't eat there.
 
Everyone remember when BM was verbally attacking AM? Stating the search for Suzanne was a publicity stunt etc? Wasn't this around the time where he claimed Suzanne would often cry on his shoulder, as she couldn't understand 'why her siblings refused to show her love'? I just find that strange in ĺight of Suzanne's sister’s view on their relationship, Suzanne appeared to trust her enough to confide in her, intimate details and information about the marriage and BM's (alledged) behaviours the day/2 days before she disappeared, I'm sure there was spats/bickering etc. between Suzanne and her siblings, but what if he was recalling an argument that he and Suzanne had, and she used that phrase in relation to him.
It feels like he bases things on truth such as incidents/events but lies about the details. IDK.
Make sense?

moo
 
Thinking about those stops in Broomfield...one stop was at a "hotel" where Barry claimed he was waiting for someone to let him in so he could get a free breakfast? That one is interesting for a couple of reasons...first, there should be cameras at that hotel, which I would like to know which one it is...it obviously wasn't HIE. Second, breakfast normally ends at a set time, like 9am or something...so what time was Barry at that hotel? There are a lack of videos while Barry was making these stops...but that "hotel" stuck with me because it wasn't identified. And it was reported that he stopped at Mickey Ds but didn't eat there.

The weird thing is that he 'checked in' at this unidentified hotel. So, it was either the Holiday Inn, or he checked in at two hotels that day.

He stopped at a RTD bus stop in Broomfield, a hotel where he checked in, a McDonald’s, a Men’s Warehouse and a Holiday Inn where he checked into.
https://www.thedenverchannel.com/ne...-with-focus-on-darts-needle-sheath-trash-runs

Then he went to a hotel, and parked in the back next to a trash can, before checking-in, where the truck doors opened and closed again. They then left the hotel and threw the stuff at McDonald’s restaurants, Grasing testified.
Barry Morphew Murder: Husband Of Missing Colorado Woman Did Five "garbage Runs" On Day Of Wife's Disappearance, Says FBI Agent
(Who are 'they' ... or is that a typo?)
 
Bringing this over from previous thread, post 669 by @Nikynoo
@Nikynoo sbm for focus on only part of your post.
Atty Fees? No Win, No Fee?
Per my read of Colorado Rules of Professional Conduct,* Not permitted, not like civil cases.
Rule 1.5. Fees ….
(c) A ‘contingent fee’ is a fee for legal services under which compensation is to be contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the representation.”

“(4) No contingent fee agreement may be made (i) for representing a defendant in a criminal case,…"

Why not permissible?**

my2ct. As always, welcoming comment, correction, esp'ly from our legal professionals.

__________________________________________
*https://www.coloradosupremecourt.com/Current%20Lawyers/FlatFeeAgreement.asp
Click on “contingent fee arrangements” link to pdf. Rule1.5, eff. Jan 1, 2021
https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2020/Rule%20Change%202020(30).pdf
This ^ CO Rule tracks American Bar Association Model Rules of Professional Conduct** eff. 2020.
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/
** An explanation about why state prohibits contingency fees in criminal cases. Private NC law firm website.
Why Don't Criminal Defense Lawyers Work On Contingency? | Speaks
Thanks! Doing a little research, I have found that they are allowed in civil cases as usually there is a compensatory 'award' for the winning party.

I do think that BM has only budgeted attorney assistance for the PH though, as by his own admission, he is a tightwad :) . It will be interesting to see what happens next.
 
I mean, I think murder is a pretty good example.

She told him she wanted a divorce, and he threatened suicide. That is not in dispute.

Suzanne told Sheila that Barry had threatened suicide on another occasion, going as far as to point a gun to his head.

Normal well adjusted men, do not threaten to kill themselves to keep their partner in a relationship. I can’t tell you how many cases I’ve followed where a spousal killer has threatened suicide before ultimately resorting to murder.

It’s about control through manipulation.

I’m curious as to why you are so fixated on this, as how would previous physical examples matter here?

The psychological stuff tells you as much as the physical.
I understand where @RIPRM is coming from. Many people don’t “recognize” domestic violence unless it’s proven with “Nicole Brown Simpson” photos w/black, swollen eyes & lots of bruises. Imo, that’s one of the reasons it continues to be tolerated, lack of awareness of what DV entails. The day to day “subtle” abuses are overlooked or explained away as “all couples have problems or differences.” I think it’s a pretty common problem. Unless the Prosecution starts out with an expert to educate the jury, in my opinion, I’m not sure the domestic violence claims will be fully understood by the jury. MOO
 
Morphew Pretrial Hearing Wraps Up, Awaiting Trial Decision - by Jan Wondra - Ark Valley Voice

No new details, but a few quotes from the judge. This was a well-written article about what we learned at the PH.

“I have 25 pages of notes and I’ve heard 20 hours of testimony,” said Colorado District 11 Chief Judge Patrick Murphy. “This will take some time,” he added, telling the courtroom that he would meet with the attorneys to set a schedule for the next steps.

<snip>

“I’d rather make the decision correctly, rather than expeditiously. The evidence, either way, is the same,” said Murphy. “I’m going to have to put quite a bit of effort into laying out that evidence so it’s clear in my head. I’m not doing it today.” He paused slightly and added — “I’m not a robot.”
 
I thought the sheets were from her daughters bed - so why/how would this relate to BM?
I’m not seeing the connection other than the sheets were in the dryer with shorts BM wore on Saturday according to the Prosecution. I think SM had washed MM1’s sheets (checked off SM’s to-do-list) and had put them in the dryer, then BM washed his shorts & threw them in the dryer without removing the sheets. I don’t think the sheets are of any evidentiary value since they were found in the home and apparently no biological evidence was found on them. Moo
 
Yesterday, I was cautiously optimistic that the FBI may have found some evidence of SM. Deep down though, I knew it wasn't going to be her. I believe SM is very, very close to home. I think she is buried in a cooler down by the river under a tree planted as a marker. I don't know if dogs would pick up her sent if she was sealed in a cooler. I would imagine being a landscape architect, BM could have crafted up something to look picturesque. Maybe even something natural looking and untouched. Hopefully, we will find out if something was done on the property like excavations.

I just wonder what he may have been doing by the river edge of his property for time frame he was there on 5/9. I just don't buy the turkey story. I file that under the chipmunk, deer, mountain lion, and elk stories.

Also, I wonder how long he actually stayed in that house after SM disappearance. Was he in a hurry to leave once the searches ceased? I imagine if she was close by, he would want to move on away from PP.. especially if the searches were completed.


I feel so sad for her. Isolated and alone being hunted down like an animal. I hope SM, and her family get the justice they deserve.
 
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