Docket Update as of 6/26/23Docket Update at 5/25/23
Date Filed # Docket Text
05/05/2023 #5
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non−Consent to United States Magistrate Judge Jurisdiction form [#4] is August 15, 2023. by Magistrate Judge Kristen L. Mix on 5/5/2023. Text Only Entry (klmlc2, ) (Entered: 05/05/2023)
05/05/2023 #6
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on May 5, 2023. Proposed Scheduling Order due 8/22/2023 Scheduling Conference set for 8/29/2023 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Instructions for Preparation of Scheduling Order, # 2 Proposed Order (PDF Only)) (csarr, ) (Entered: 05/05/2023)
05/11/2023 #7
NOTICE of Entry of Appearance by Scott Aaron Neckers on behalf of Joseph CahillAttorney Scott Aaron Neckers added to party Joseph Cahill(pty:dft) (Neckers, Scott) (Entered: 05/11/2023)
05/17/2023 #8
NOTICE of Entry of Appearance by Hollis Ann Whitson on behalf of All Plaintiffs Attorney Hollis Ann Whitson added to party Barry Morphew(ptyla) (Whitson, Hollis) (Entered: 05/17/2023)
CM/ECF - U.S. District Court:cod
ecf.cod.uscourts.gov
Morphew v. Chaffee County et al Assigned to: Magistrate Judge Kristen L. Mix Demand: $15,000,000 Cause: 42:1983 Civil Rights Act | Date Filed: 05/02/2023 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
Plaintiff |
Barry Morphew |
Date Filed | # | Docket Text |
---|---|---|
05/31/2023 | 9 | NOTICE of Entry of Appearance by Jane Holse Fisher-Byrialsen on behalf of Barry Morphew (Fisher-Byrialsen, Jane) (Entered: 05/31/2023) |
05/31/2023 | 10 | NOTICE of Entry of Appearance by David Nathan Fisher on behalf of Barry MorphewAttorney David Nathan Fisher added to party Barry Morphew(pty |
05/31/2023 | 11 | NOTICE of Entry of Appearance by Iris Eytan on behalf of Barry MorphewAttorney Iris Eytan added to party Barry Morphew(pty |
Colorado Judicial Branch
www.courts.state.co.us
i. On April 24, 2020, Suzanne sent a message to the Defendant that was recovered from the deleted images in his phone with the following text: “Oh, I’m sure your mistress has you all happy now so you can say you love me but bully me when you’re with me… yea that’s love.” ii. On May 6, 2020 at 10:13AM sent a message to the Defendant informing him of the following: “I’m done. I could care less what you’re up to and have been for years. We need to figure this out civilly.” iii. Later on May 9, 2020 at 8:40AM Suzanne texts Barry the following: “Sorry I forgot about Rob Mezzell last night. But I will continue to do your invoicing when you need to.”
18. Category 3: Text messages between Suzanne Morphew and Melinda Baumunk. A. On May 8, 2020, Suzanne texts back and forth with her older sister Melinda about their relationship issues. See Attached Exhibit 1, page 5. i. The text at 9:28AM reads as follows: “I’m sure I struggle with some of the same. It’s been hard dealing with the harsh abrasive ness and having to show respect. He’s also been abusive, emotionally and physically. There’s so much. Hard to share it all and give you a clear picture. Last year during gave me lots of time to realize and see things for what they are. I went through a period of acceptance and I feel more angry now. Anger at what I’ve allowed.”
19. Category 4: Suzanne’s LinkedIn messages with Jeff Libler. A. Jeff Libler and Suzanne were having a multi-year affair in the years leading up to her disappearance. While they tried to not discuss their marital problems with each other, Suzanne would on occasion discuss her relationship with the Defendant. See Attached Exhibit 2 – Snippet from LinkedIn Texts. i. April 14, 2014, in response to Jeff’s question about how she was doing, Suzanne said the following: “I’m okay. Been a little tough around here with expectations and confrontation. Same stuff. Just this force of will to make things happen. When I don’t play along it gets heated. Some harsh words exchanged last night. But on a lighter note, had a dream thst you and I were able to be open with our love. No more hiding!! It was great!” ii. Later in the LinkedIn chain, Suzanne says: “I have to admit...I’m a little off without you babe. It makes me a little sad too...But it changes nothing in my heart. Just makes me see how much I truly love you.” iii. Again, in the same conversation, Suzanne says: “Sometimes when I see his reactions I realize how long it’s been this one way exchange. Kind of like your project stuff...like if we quit doing what they want then it just turns ugly and manipulation sets in, anger, silence, etc. it’s sick.” iv. On May 7, 2020, Suzanne and Jeff chatted again on LinkedIn: “I reloaded wa...He’s gone for a bit” “Will you stay with me a little longer??” “If you can’t it’s fine babe..just know these next few days will be rough” “Nobody loves you...like the way I do. I crave time with you. I crave the feeling I get when we connect. Physically or emotionally. You’re my guy. Always.” v. On May 8, 2020, when Suzanne was out with the Defendant having a “great” night, she was messaging Jeff: “You’re the only real love I’ve known...the only love I want
vi. May 8, 2020 at 8:40PM, Suzanne sent Jeff the following: “Goodnight. I’m thinking August and being wrapped up with each other… where we both belong.” vii. May 9, 2020, around 2PM Suzanne sent the last ever messages to Jeff, along with a selfie of her laying out in the backyard: “He’s headed home. I’ll be spotty. I love you deeply babe...” “Guess who is alone again” “I am on wa” viii. November 4, 2020, Jeff Libler is interviewed and states that the victim told him “when the girls were out, she would think about going out on her own.” ix. On November 13, 2020, Jeff Libler is interviewed and says the victim told him she “wanted out of her marriage.”
20. Category 5: Suzanne’s conversations with Sheila Oliver. A. Sheila Oliver and Suzanne were best friends since college. They communicated frequently and Suzanne confided in Sheila things that she did not tell anyone else about her marriage with the Defendant. i. On November 27, 2018 at 9:58 PM, Suzanne texts with Sheila: “Had kind of a rough “talk” with B. Not exactly how I wanted it to go but made some progress I guess At least he wanted to talk That’s a step Just that need to always be right and everything about him is so tough. Hard to really move forward with that way of thinking And hard not to put up walls He def senses me being stronger Sort of uncomfortable for him Just not need his approval all the time is so freeing really I’ve really had to do my own soul searching Many things Ive [sic] done wrong overt [sic] the years and allowed to creep in
Breaking the codependency for me is big I told him I give him total freedom to go and do without any question Not checking where his phone is etc.” ii. On January 12, 2019, Suzanne texts with Sheila in response to Sheila asking if things have been better with Barry: “Somewhat. Still have work to do but my has really helped me let go…it’s been so freeing. Also just have a more realistic idea of us…like how diff we are and not to expect what may never be there. Ya know? He’s opened up more since he’s been home…by text. He feels the changes in me and I think it’s very uncomfortable He’s used to me checking in and asking questions…no more of that. He says I’ve been so diff the last year or so and he can’t love me like I need unless my old sweet self is back….? I told him I think he feels the change in me and is used to me always checking up and being too much in his every move and that makes him feel more distance. I am learning the detach with love thing and it is a hard balance…to detach and still seem loving. My question of him was to think about what makes you feel most connected to me… He of course sad when you’re the sweet person I married I feel close…. Not really what I was aiming for. Just thinking of what we can do to have more connection since were [sic] so different and girls will be gone in 3 yrs. No def date of return as usual wants to hung until he achieves. I still think there’s someone there. I told him I need to be an individual not a perfect wife to make him happy. At least he’s expressing himself. Think he’s scared of my pull away.” iii. Later on January 12, 2019 at 12:14PM, Suzanne texts Sheila: “Thanks for your encouragement this morning with Barry. I texted him a response this morning to his yesterday that I would love prayer about. Praying he will truly take it in and respect and love me for me. Letting go of expectations.” iv. On July 27, 2019 at 7:21PM, Suzanne texts to Sheila: “Does it surprise you that B took a wildfire deployment to Durango?? He texted me “I got deployed” “I’m sorry” Voluntary. He could have turned it down Oh well…
The girls will be there with me for Sorry. Had to vent a little.” v. On July 31, 2019, Suzanne texts to Sheila: “Need prayers. Barry came home unannounced in a very defensive mood. I would leave tonight if I could. He’s so emotionally abusive and defensive…manipulative with the girls too. He’s probably brainwashing them. He’s got them feeling sorry for him Always playing martyr And telling Mal to [sic] much..I can tell by what she says they [sic] he’s talking to her About me not being as loving… I went two yrs when he emotionally left me and they knew nothing He’s out of control” vi. In the same chain of texts to Sheila, Suzanne responds to Sheila’s question about if she feels safe at home: “With the girls here I think it is. I don’t want to upset you. You’re just the only one who knows what’s really gone on I think he’s still got a secret life which brings the defensiveness and manipulative ways….” vii. In the same chain of texts to Sheila, Suzanne explains the demeanor of the girls that day: “They were upset cause they heard him arguing with me….” viii. On August 25, 2019, Suzanne texts with Sheila about her upcoming “He will be with me and neighbor will take me Tuesday” ix. On September 1, 2019, at 3:03PM, Suzanne texts Sheila in response to Sheila asking if Suzanne is asking for prayers regarding her or relationships: “Relationships. He pulled Macy in again and left. My heart hurts for her He’s not stable. It’s guilt and desperate measures he’s taking He looks for any reason to run. It can be small and he blows up and takes off…I believe there’s still another I can’t win with him. He’s too good at the manipulation. I feel stuck. I can’t let my again I can’t handle the unstableness. The day he cut his leg he accused me of wanting to go back to town to get his and talk to someone….I
came back with can’t question you about another but you can me? He literally opened his door while I was drivin [sic] up the mountain like he was gonna jump. His usual tactic when I bring up another. Then he pulled girls in and told them everything that day. I lost all respect for him that day. Macy mentioned us separating today or divorcing...She wants us happy. She’s tired of the tention [sic]. He plays the hurt one” x. In the same text chain, in response to Sheila asking what Barry tells the girls in front of her, she responds: “Says he loves me and can’t handle the pain from me not giving him love he needs Doesn’t mention all the damage he’s done to me Physically mentally I told them I was hurting for 2 years and they never knew because that’s what parents do I feel no peace when he’s here. I don’t know what to do. I don’t feel safe around him. He’s lost my trust. He will do anything to come out looking good. It makes me someone I dont [sic] like I’m sorry. I just feel lost today This is the lowest I’ve felt. I hate burdening you I think he wants me to be his puppet while he does what he wants in his “secret life”…I think he wants both but if he can’t have me he will want to make sure he looks right. I believe he would be fine without me. He more or less just needs his physical needs met and to make “good appearances” with no thought for what I’m not getting. It’s funny he’s bought me flowers, gifts and planned s [sic] trip…more than he’s done in the last 5 yrs It's all about his expectations for me I know I’m not giving him what he needs. The feelings behind the acts are not there…I’m bad at faking. He can easily put on just to look good I feel it’s what looks good for the girls to see. That’s just my feeling. He wants to appear the hurt one doing all he can May sound bad but I’ve seen his motives I think when I press about there being “another” he’s resorted to his extreme behavior to scare me so that I won’t bring it up again. I wanted to try to make it work until Macy was on her own.
I wouldn’t feel safe alone with him I don’t see how I can get over the damage done I feel numb I’ve told him they [sic] and he’s said okay well let’s just tell the girls I‘m leaving you and how you feel and you don’t want me. I sound so terrible. I’m sorry. I know I’ve done things to hurt us too. Many things. Like I said it’s made me someone I don’t like…don’t wanna be” xi. In the same text string, Suzanne discusses with Sheila the possibility of them getting along if they divorce: “Not sure B could take that high road tho I know I sound so one sided…I’ve done my share of damage I just want peace” xii. On September 2, 2019, Suzanne texts with Sheila: “I was thinking this morning how long I have out [sic] up with disappointments and just feel I’m to the end Kinda like my mom…she had s [sic] long fuse but once she made her decision it was firm Once Macy’s gone I won’t be able to do it. I won’t feel safe I’ve tried to hold on for her but even she’s weary of it and asking why we don’t separate I sort of wish he would just get fed up with me and leave Does that sound bad? He wants me to be the bad guy I’d live in a shack right now I’m sure he won’t make it easy. He has always wanted control I can’t do anything until we get our full payment for the house Maybe January” xiii. In the same text string, she discusses possibly living off of her inheritance money like her sister did if she gets divorced: “B said he would pay all that back to me. Thank you for listening. I’ve never told anyone this stuff. I won’t have true peace until it’s all over but I do feel more resolve to press forward with letting go” xiv. On September 3, 2019 at 10:18 AM, Suzanne texts with Sheila: “Would appreciate your prayers…he returned last night acting like all should be fine. Wants to talk today to try to convince me that we need to work on stuff. I’m confused and was quite resolved to letting
go. It’s just hard with the girls as he’s still talking to them as support. Saw a text on his phone from Mal this morning encouraging him. Breaks my heart he’s involving them still” xv. In the same text string at 11:49 AM, Suzanne texts Sheila: “I stood my ground He left again Told him I’m done. That I need peace. Not sure what’s next He said if that’s how you feel I’m leaving He tries to portray something he’s not and hopes he will pull me back in Told him when he involved girls I was done with respecting him. He tried to use money as a tool and the girls…didn’t take the bare Bait He said so you want to be in [sic] your own? Want me to stop paying all your bills?? I told him if he got angry at all I was filing a restraining order on him That shocked him a bit Kept him together tho He no longer sleeps with me unless I “put out”. If he knows I’m going to sleep he sleeps out here in the bonus room I just want out. Free of this nightmare. He’s back. Gtg” xvi. In the same text string at 2:10PM, Suzanne responds to a text from Sheila asking if she’s ok: “Yes Just feel like I’ve been in battle” xvii. In the same text string at 11:09PM, Suzanne responds to a text from Sheila asking how she’s doing: “Doing pretty good. Things calmed down. Lines were drawn and I stood my ground” xviii. On September 4, 2019 at 3:25PM, Suzanne texts with Sheila: “Barry’s been here. Been on best behavior I’ve ever seen. He’s in denial about my true heart about things. Have a good agreement to keep it amicable and peaceful tho for health and Macy.” xix. On March 25, 2020 at 11:03PM, Suzanne texts Sheila: “Could use some extra prayer today. It’s been rough here. Just strength going forward. Tsking [sic] care of myself physically in a stressful marriage. Macy and I had a very tough talk yesterday. She sees and is so perceptive. She’s weary of the tension here. She knows how he is toward me and almost begged me to divorce him.”
This is up to page 14.
Gonna stop now because it's not reader friendly..
Pathethic offering from Iris re 'Forensic Files' recording that Barry was listening to..
I seriously have concerns about her state of mind.
17 pages//