Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #16

[Cassady]

If it went to trial then I'd say these rumors would be able to be proven to be facts by LE

IMO

Or they would muddy the waters and create doubt.

IMO I do not know any prosecutors who would want a bunch of police reports discussing local rumors obtained during general canvassing interjected into a murder investigation. Rumors from targeted witnesses have their own heresy problems. Rumors picked up while canvassing a grocery store have those issues and more.

IMO LE was doing exactly what they said they were doing...reaching out to the public for tips and leads (not rumors). IMO if they had a particular suspect based on evidence obtained from searching a house, car and phone records they would not be asking the public for tips or the one thing that will help find the missing person...IMO

 

[gitana1]

And for those of us who handle actual criminal cases, including murder cases involving the FBI, handing out fliers to general public 5 weeks after murder is usually not part of a murder investigation...especially if LE has a POI or suspect....IMO

I’ve got to assume criminal defense when you say “handle”. Is that correct?

 

[Cassady]

I’ve got to assume criminal defense when you say “handle”. Is that correct?

Objection. Leading.

 

[Dave F.]

This is a good question. By the time the police arrived (and surely spoke directly with the neighbor, who was almost certainly waiting for them), it was known by the neighbor that Suzanne's car was in the garage. I believe the neighbor had been told by a family member that Suzanne might be on a bike ride. Did police look through the garage window? Did the neighbor?

Did police merely knock on the door and circle the house, to see if there was movement? Finding no response, did they find probable cause to use locksmith tools to open the house? Did they speak to the family during this? (Probably). This was basically a welfare check, woman is not where family expected her to be, is concerned enough to ask neighbor to go over and then to have neighbor call police.

If they did go in, at that point, they touched nothing and simply walked around, making sure she wasn't unconscious on the floor somewhere.

What then? Noting the absence of the bike and the family's belief that she was on a bike ride, they fanned out, calling in more help, and looked around the house but also on the likely path she took with her bike. Who found the bike?? We don't know.

At 9 pm or thereabouts, Barry arrives and if LE hadn't already gone into the house (surely they had?) they would then go in, and perhaps accompany Barry while he looks in closets. They would have asked a lot of questions about her mental health, her physical health, whether she took medications and whether she left the house with or without certain items (meds, phone). It must have looked like a bike ride gone wrong, that night. Pictures were taken of the bike and its surroundings. Next day, they go back out and do the grid search (one of several).

We do not know if or when the daughters arrived home. We don't know if BM was barred from the house that first night or not. We do know bodies of water were searched, indicative of a fear of suicide, homicide or serious misadventure (because the creek right where the bike was...wasn't particularly conducive to either homicide or suicide by water). But the catchment area behind the dam (the big pond) would be, so it was searched. Searches in the water were probably repeated, and I'd assume they would have brought in cadaver dogs after 5-6 days.

Excellent summary!
Your assumption that they brought in cadaver dogs after 5-6 days is correct. The May 15th update by Sheriff John Spezze covered the large search west of the intersection of Highway 50 and CR 225, when all of Monarch Pass was closed. It might be appropriate to mention that geographic definition includes everything west of an imaginary north-south line through the intersection, including both north and south of Highway 50. Spezze specifically listed both the Department of Corrections Search Team, and the Department of Corrections East Canon Search Team. While primarily search and rescue-trained dogs, either team is fully capable of locating traces of a deceased person or a cadaver. IMO
May 15 update on search for Suzanne Morphew - Chaffee County Sheriff

 

[gitana1]

Objection. Leading.

Haaa!

 

[gitana1]

This question for LE types . How long would it take for LE to get a search warrant for phone data? And, how long would it take to actually get it from cell provider?

Does anyone remember when BM’s truck and phone were taken? I ask because a phone may not give an accurate picture right off the bat. Texts are easily deleted as are the phone calls from the phone, but the actual data can be a treasure trove of info/activity.

If they have probable cause they can get a warrant quickly. But it can take a bit to actually get the phone records after serving the warrant. That’s my experience.

 

[Dave F.]

IMO, the reason the firefighters were not asked to assist is that BM is one of them. They would be 'tainted,' rightly or wrongly, by BM's membership.

I strongly disagree. In all of my years in a firefighter's family, I never once heard anyone even intimate that firefighters were excluded from anything because one of their members was involved. I think that The Chaffee County Fire Protection District manpower is stretched pretty thin in the best of times. Take one local firefighter out (BLM) and they are just plain short of firemen to fight blazes. In Chaffee county, the quicker they get there, the better chance the firemen have of containment. IMO

 

[MrsWatson]

I think there was great care and method behind the canvassing with the vague flyers. It also fosters a sense of quaint old-fashioned small town police work and inspires confidence and general bonhomie with your local cops, if nothing else.

MOO

 

[10ofRods]

Or they would muddy the waters and create doubt.

IMO I do not know any prosecutors who would want a bunch of police reports discussing local rumors obtained during general canvassing interjected into a murder investigation. Rumors from targeted witnesses have their own heresy problems. Rumors picked up while canvassing a grocery store have those issues and more.

IMO LE was doing exactly what they said they were doing...reaching out to the public for tips and leads (not rumors). IMO if they had a particular suspect based on evidence obtained from searching a house, car and phone records they would not be asking the public for tips or the one thing that will help find the missing person...IMO

Have you actually ever seen even one police report that included the word "rumor"? Do you not see that LE hasn't used that term and isn't going to?

The defense can introduce the word and try to make the witnesses who tell the story sound as if they are only rumor, but I gotta tell you, if they are eyewitnesses, the jury is not likely to buy that defense tactic. Defense will need way more than that.

"Bunch of police reports discussing local rumors" has never happened and is not going to happen in this case.

Think how it will sound to the jury if some person (let's say a woman) says, "Well I did call it in anonymously."

Lawyer (either side): Why did you do that?

"Because I was afraid for my life."

A good defense attorney would shut up at that point and not ask "Why?" A good prosecution attorney would ask "why?"

And what if there's a really long answer that's not favorable to the defendant?

This I've seen happen more than once. What if the prosecution can show a pattern of behavior by the defendant that people from outside Salida also have experienced? What if it's people from several towns, unknown to each other? And what if the behavior was documented in some way, somewhere as well?

I think most WSers would search their security video (I'm terrible about managing mine, but just today decided to fix that - all because of this thread). There's some illegal activity going on at the house next door, currently (it's relatively minor, breaking several state and local laws, one of them is criminal, but like I said, it's minor). None of us have called it in, we've mentioned it on Nextdoor (which police here do read - but not carefully).

I actually do not want them to think I have a camera pointed in their direction (we've had neighbors break into our house before, we live in an area with a certain amount of crime).

Do we have such a camera? Maybe. Would we tell LE that we had it if they came to the door?

Well, if I thought there was a missing woman associated with the house next door, you betcha.

If I thought LE was there just to file a misdemeanor against this neighbor and that I would have to be called as a witness...I don't know. I really don't. People get shot for less than that. The law-breaking next door isn't serious enough for me - but if I actually was afraid of the people in addition, wow, it would be hard. I don't trust the police here to protect us (at all, as nothing whatsoever occurred after the break in or the mail theft or the identity theft).

 

[gitana1]

Agreed that this may be an attempt at a conversation starter.

LE do not seem to be looking for an abducted or missing woman.
And just because we haven't seen a more recent photo that 2019 doesn't mean LE do not have a recent pic and know what she looked like in the weeks or months before.
If she was missing and LE wanted people to be on the lookout-- they'd publish an updated photo and a description of her bike and clothing.

We don't know 'what they know'; but I'm guessing LE already have more than a few answers !
MOO

When did the family move to CO?

 

[10ofRods]

I think there was great care and method behind the canvassing with the vague flyers. It also fosters a sense of quaint old-fashioned small town police work and inspires confidence and general bonhomie with your local cops, if nothing else.

MOO

Yeppity. Yep. And I guarantee the list of questions being asked does not include, "What rumors have you heard."

"Did you see BM in your neighborhood any time in May?" could be a question. Again, a defense attorney will try to paint such a witness (if there's only one) as forgetful or perhaps a busy-body. But if the witness says flatly that they didn't come forward until asked because they were fearful...hmmm...depends on the jury, but many of us can relate.

Jury selection will be key in this one. I suspect there may be a plea deal of some kind, though. Whoever is responsible for Suzanne's disappearance and death (I am not hopeful at all), has got some ugly ugly traits and a terrible story behind those traits. It will all come out at trial.

 

[gitana1]

This is a good question. By the time the police arrived (and surely spoke directly with the neighbor, who was almost certainly waiting for them), it was known by the neighbor that Suzanne's car was in the garage. I believe the neighbor had been told by a family member that Suzanne might be on a bike ride. Did police look through the garage window? Did the neighbor?

Did police merely knock on the door and circle the house, to see if there was movement? Finding no response, did they find probable cause to use locksmith tools to open the house? Did they speak to the family during this? (Probably). This was basically a welfare check, woman is not where family expected her to be, is concerned enough to ask neighbor to go over and then to have neighbor call police.

If they did go in, at that point, they touched nothing and simply walked around, making sure she wasn't unconscious on the floor somewhere.

What then? Noting the absence of the bike and the family's belief that she was on a bike ride, they fanned out, calling in more help, and looked around the house but also on the likely path she took with her bike. Who found the bike?? We don't know.

At 9 pm or thereabouts, Barry arrives and if LE hadn't already gone into the house (surely they had?) they would then go in, and perhaps accompany Barry while he looks in closets. They would have asked a lot of questions about her mental health, her physical health, whether she took medications and whether she left the house with or without certain items (meds, phone). It must have looked like a bike ride gone wrong, that night. Pictures were taken of the bike and its surroundings. Next day, they go back out and do the grid search (one of several).

We do not know if or when the daughters arrived home. We don't know if BM was barred from the house that first night or not. We do know bodies of water were searched, indicative of a fear of suicide, homicide or serious misadventure (because the creek right where the bike was...wasn't particularly conducive to either homicide or suicide by water). But the catchment area behind the dam (the big pond) would be, so it was searched. Searches in the water were probably repeated, and I'd assume they would have brought in cadaver dogs after 5-6 days.

I don’t know. Did they go in? Remember the Watts case? His pregnant wife who had been feeling ill was not answering her phone or the door. But he refused to allow the police to enter until he got there. He hot footed it as fast as he could once his wife’s friend called the cops. Before that he kept trying to delay coming home or calling the police.

 

[gitana1]

Probably at least 95% of tips called in to a tip line are rumors. Same with any door-to-door canvasses. The only way rumors become a problem is if they’re brought into a trial as fact, in which case they’d be quickly overruled and disregarded.

Right. Rumors and “suggestions”:

I.e.: “I really feel like you should check the husband’s cell phone records.”

 

[Goldenseal]

Oh Lordy...I really hope she didn't just make cinnamon rolls. Heck I wasn't even on the page for the KB case but I know the backstory.

OMG, was Kelsey making cinnamon rolls?? I wasn't referring to that because I didn't know that . . . that poor woman, meeting that monster, having his baby, and then being killed by him as she baked cinnamon rolls?? Jesus wept.

 

[Fireflize]

It is probable that the rumors of a small town will be well distributed throughout the community by now. I think the timing by LE to reach out more intimately one on one is just perfect. Just perfect. Moo

After reading further comments, maybe 'rumors' has too negative a connotation for what I meant to say. Maybe local Intel ? When the preacher gave a sermon against rumors and gossip, one ruffled member told him afterwards that it wasn't gossip, it was Christian concern. Anyway, of course LE would want to know what the community knows, and would not take everything for fact without evidence. Moo

 

[marylamby]

IMO there is no way LE would purposely solicit local rumors by canvassing the general public in a murder investigation. Can you imagine the heyday a defense attorney would have with these rumors if a case ever went to trial?

Rumors, however random, will lead to investigating them and even truths.

 

[MrsWatson]

After reading further comments, maybe 'rumors' has too negative a connotation for what I meant to say. Maybe local Intel ? When the preacher gave a sermon against rumors and gossip, one ruffled member told him afterwards that it wasn't gossip, it was Christian concern. Anyway, of course LE would want to know what the community knows, and would not take everything for fact without evidence. Moo

Yeppity to quote @10ofRods! I am the person in every group who ends up in a corner listening to someone tell me their deepest fears/secrets/guilt/burdens/hopes/dreams/goals. I know all the local intel in my hood. (A.K.A. the row of terrace houses we live in, ha!)

That's a very wee corner of the world, big in geography, short on people. And people talk.

MOO

 

[Feistyomi]

RSBM
Excellent post or not even where she's missing from. The most basic template of a missing persons poster has everything you listed. This isn't a missing poster IMO, it's a conversation starter, yes @oviedo nailed it!

IMO It’s a small town, everybody there probably knows exactly where she went missing, and most of the details, having been involved in searches. They may also know BM and see him him out and about, unless we have someone on the ground there, we don’t know.
MOO this isn’t necessarily focused on locals, it’s possible this goes beyond the locals, perhaps the regular visitors or even just the traveling community.

 

[susiQ]

If they have probable cause they can get a warrant quickly. But it can take a bit to actually get the phone records after serving the warrant. That’s my experience.

Thank you! Just a guess on my part, but I suspect they had probable cause very early on. Something, I have no idea what, made them immediately suspicious of the narrative. Mere rumours would not have been enough to lock down the house and tear up someone’s foundation. JMO

 

[FelicityLemon]

I think having so many LE officers announced and visible in so many places in a very small town is the main reason. The flyers are convenient to explain their presence. Having officers physically about also gives them the invaluable information of first-hand seeing, hearing and experiencing any transient people as well as the known locals. An example is someone who starts to come into the store, sees who someone either in uniform or not (hey, there's a vibe) and then suddenly acts differently or turns around and doesn't go in. Masks are now mandatory in all of ours state, are they in CO? Hot weather and someone suddenly puts up their hood or pulls down their hat and kind of hunkers down? Odd behavior more than normal.

They can first-hand notice patterns and behaviors when observing over a time period.

A fly in the ointment: with bluetooth, it's getting harder to know who's legit talking to someone via cellphone or just walking and talking to their invisible friends.