Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #26

[10ofRods]

When my child was in elementary school a family moved to the area from another part of the country. They bought a fairly expensive home but had no discernable source of income. Many speculated they had achieved it through nefarious means. Found out years later that the wife had inherited a vast amount from her very successful parents. They just never talked about it. My point being, you just never know how people acquire their wealth. MOO

I made that argument in thread 1 or 2, I believe. People were trying to say that there's no way Suzanne's parents could be so wealthy. I used the example of a family I know who had a very similar business to Suzanne's parents, and they invested early in both residential and business real estate. They worked hard at fast food restaurant, made enough money from their real estate that they didn't have to work hard there past age 45, invested in real estate out-of-state and each daughter got a nice hefty sum to put down on their own properties - they all bought acreage with some sort of house, all of it in amazing places (along the Columbia River, in Wyoming, in Colorado). All three daughters have worked a little, but the second one was quite clever about her investments in Wyoming and has never had to work. Has quite the spread at this point (owns fishing pond).

When the parents of these three died, they inherited a bunch more and today, the grandkids own and operate the fast food restaurant. They seem to be repeating family tradition by also plowing profits back into real estate in California's more distant suburbs.

 

[10ofRods]

Funny you mention a welded propane tank. Did you also notice that tank looking thing across from the side of the garage? I wondered what it was. You can see it in the helicopter footage when it goes around to the back of the house...looking from the back of the house it’s on the left side but not right by the house...it’s sort of hidden by trees. It’s oblong and looks white or light in color. I was thinking it might be r/t hot water or septic but when you said propane tank that could be what it is. But if he hid her body in an above ground propane tank right by the house...that’s really risky. Can dogs smell through metal?

How would you get a body inside a propane tank?

 

[OldCop]

I wonder if the Morphews had Alexa........

 

[Megnut]

In another case with musical cars, the movements of the alleged murderess were tracked, to the original site where she'd left her victim. LE was unable to find him or his remains, suspecting dispersal by wildlife. Unbeknownst to anyone, within a week, the alleged murderess had moved his body again, to a distant state.

Something like that could happen in any case, even this one. Though the timeline -- last heard from to reported missing-- does leave a fair window of opportunity. And much of it under cover of night.

JMO

 

[oviedo]

But were there other, simpler ways to accomplish the closing instead of getting a missing person declared “incapacitated “ and acquiring a guardianship of that person’s assets? I feel like someone mentioned that there were better ways to do it if just that closing were the goal?

@happyday In my state - the Deed has to have two witnesses and a notary - and that person(s) signing the deed has to produce identification to the notary. So in this instance, the joint owner of the property (our gal SM) is missing and can't sign the deed over to the new owners. So if the husband had her POA he could in fact sign that deed conveying the property to the buyer as her attorney in fact. This has been done before on another transaction and the POA (Power of Attorney) for that transaction was limited in scope to just that one piece of property. In this new sale which closed in June, the husband did not have this IMO else he would have used her POA to sign over the property. The ONLY way he could convey title to satisfy everyone (mortgage, buyers, title company) was through a legal means to sign her name since she is absent. He accomplished that through a guardianship. I can think of no other ways to convey title properly.
JMO

 

[Lilypad13]

<modsnip: Quoted post was removed> I am a expert plumber/welder with 50 yrs of experience-weld inspector -legally considered a expert in a court of law concerning welding ( aws-cwi 12 yrs)- I am wildly speculating that if the pressure vessels have not been looked at- look at them now.

What and where are pressure valves if you don’t mind elaborating for non expert who only knows how to clear a clogged drain. TIA @Birmingplumb!

 

[10ofRods]

IMO, an interesting fact is that SM hasn't been found. There seems to be an information or knowledge gap with that. If BM is innocent (or not directly involved), that would make some sense. If he is directly involved, that tells me that LE is not aware of all his movements during the times of interest. They are missing information - all MOO.

Or, there's a simple explanation that involves knowing his movements - but only while he was actually in his truck. There are a ton of ways that he could have avoided moving the truck while carrying out body disposal. I think even dumb criminals figure this out. I don't think he rented a car, but it's possible he borrowed one. That person needs to come forward. Is that the reason LE keeps asking for someone to come forward?

Also, there could be really grim reasons why the body hasn't been found.

Also, there are some 7-8 searches that we know nothing about. I don't know how long they went on, but if BM's truck stopped in several areas, the sheer magnitude of searching might mean they missed the body - it wouldn't be the first time.

Heck, one of those people who disappeared at Amboy Crater in California wasn't found, despite multiple searches by LE but also friends and family...for about a year. And there's no brush or trees, etc.

 

[Lilypad13]

I'd think cadaver dogs would have been used in all areas of interest. We have a search dog expert who posts here often, but I'm having memory block for who. They are very knowledgeable. perhaps someone can help us out? Moo

It’s @K9Enzo. I am curious too if the dogs can smell through metal and does lime hide scent from dogs? Maybe she’ll see this and respond. Or maybe she will think I’ve already explained all this 100 times.

 

[happyday]

You have to have a legal way to account for the interest of the person who is absent that satisfies the title company that will be insuring the transaction. Even if someone recorded a deed wild (as a stand alone item recorded by an individual, not part of a larger transaction closed by a lawyer or escrow company), or produced a power of attorney it would still need to withstand the scrutiny of the title company who wants to avoid claims. MOO

@happyday In my state - the Deed has to have two witnesses and a notary - and that person(s) signing the deed has to produce identification to the notary. So in this instance, the joint owner of the property (our gal SM) is missing and can't sign the deed over to the new owners. So if the husband had her POA he could in fact sign that deed conveying the property to the buyer as her attorney in fact. This has been done before on another transaction and the POA (Power of Attorney) for that transaction was limited in scope to just that one piece of property. In this new sale which closed in June, the husband did not have this IMO else he would have used her POA to sign over the property. The ONLY way he could convey title to satisfy everyone (mortgage, buyers, title company) was through a legal means to sign her name since she is absent. He accomplished that through a guardianship. I can think of no other ways to convey title properly.
JMO

Thank you both. I thought I remembered someone (maybe @Seattle1 ?) saying there were less dramatic ways to legally accomplish the one closing other than the guardianship, but I may have been thinking of something else. So much legal jumbo jumbo, it’s hard to keep straight!

 

[OldCop]

Or, there's a simple explanation that involves knowing his movements - but only while he was actually in his truck. There are a ton of ways that he could have avoided moving the truck while carrying out body disposal. I think even dumb criminals figure this out. I don't think he rented a car, but it's possible he borrowed one. That person needs to come forward. Is that the reason LE keeps asking for someone to come forward?

Also, there could be really grim reasons why the body hasn't been found.

Also, there are some 7-8 searches that we know nothing about. I don't know how long they went on, but if BM's truck stopped in several areas, the sheer magnitude of searching might mean they missed the body - it wouldn't be the first time.

Heck, one of those people who disappeared at Amboy Crater in California wasn't found, despite multiple searches by LE but also friends and family...for about a year. And there's no brush or trees, etc.

Do we know if the Morphews have an ATV?

 

[Seattle1]

But were there other, simpler ways to accomplish the closing instead of getting a missing person declared “incapacitated “ and acquiring a guardianship of that person’s assets? I feel like someone mentioned that there were better ways to do it if just that closing were the goal?

The majority of people living everyday lives would most likely already have a power of attorney ("POA") in place for any event when you can't be in two places at the same time, and your signature is required.

There's evidence that BM/SM were familiar with using a POA for transacting business or real estate deals as recently as May 2019. This alone is one of the reasons why BM petitioning the Probate court for guardianship of SM is so going to the extreme!

What we know is that for whatever reason, BM no longer had a valid POA from SM giving him the power to sign anything on her behalf. Personally, I hope some family member takes this fact to the Guardianship hearing on Sept 1.

MOO

 

[oviedo]

Thank you both. I thought I remembered someone (maybe @Seattle1 ?) saying there were less dramatic ways to legally accomplish the one closing other than the guardianship, but I may have been thinking of something else. So much legal jumbo jumbo, it’s hard to keep straight!

Yes - if he had her Durable Power of Attorney - and the fact that he did not....speaks volumes to the state of their relationship IMO

 

[Seattle1]

Do we know if the Morphews have an ATV?

Nothing confirmed but I'd be willing to bet that they do.

 

[Lilypad13]

How would you get a body inside a propane tank?

Well...heck if I know. I mean probably not in one piece. The OP that talked about welding might know. Does it have bolts where it can come apart? Does BM have welding skills that he uses on his projects? I really don’t think she is in there but when the propane tank was mentioned it reminded me of that thing I saw in the helicopter video. That’s all.

 

[Barry]

Or, there's a simple explanation that involves knowing his movements - but only while he was actually in his truck. There are a ton of ways that he could have avoided moving the truck while carrying out body disposal. I think even dumb criminals figure this out. I don't think he rented a car, but it's possible he borrowed one. That person needs to come forward. Is that the reason LE keeps asking for someone to come forward?

Also, there could be really grim reasons why the body hasn't been found.

Also, there are some 7-8 searches that we know nothing about. I don't know how long they went on, but if BM's truck stopped in several areas, the sheer magnitude of searching might mean they missed the body - it wouldn't be the first time.

Heck, one of those people who disappeared at Amboy Crater in California wasn't found, despite multiple searches by LE but also friends and family...for about a year. And there's no brush or trees, etc.

Completely agree. It does lean me in the direction of premeditation or having help, though. He may very well gotten all this accomplished during the window of opportunity on the fly and without help, but man that is a short time frame without premeditation. MOO.

 

[gitana1]

Front step like by the front door or where exactly and do you have any photos or know where there are any? TIA

Someone has to help me with that info. It was I believe a property listing and then recent photos.

 

[Error505]

Good theory. If there was a place within walking distance, it would be perfect. No gps to worry about. He would know where the local cameras are, I think. He might feel safe in his own neck of the woods. Moo

This is Channel 9 (NBC) aerial footage of the foundation/slab search by LE of BM’s job site. Have any of you looked how close the water edge is to the property where “machinery” was running the hard-of-hearing neighbor talked about? I was surprised, the property is right at the water’s edge.

 

[Lilypad13]

Let me handle the questions one by one:

1. I wasn't clear, and I'm sorry about that. I meant that the police officers investigating Suzanne's disappearance -- if they had evidence linking Barry to that disappearance -- had about 60 days from the judge's last ruling (the order allowing the sale of the home to go forward) until the Sept-1 hearing. In essence, if Colorado police (specifically, CCSO) had anything they wanted to produce for the judge to review, then they've had that opportunity.

2. When I say that the law requires that those opposed to act, I mean that the law requires those who may disfavor the guardianship to do something & not just expect the judge to do something. In this case, the Moormans can take part, though they'd probably have to file with the court so that the court knows that they wish to take part.

3. The law considers the Morphews' adult daughter to be capable of making her own decisions. It is possible for the judge to question her if he believes that it's appropriate to do so, since the statute gives the judge quite a bit of latitude.

4. Technically, I believe that one of the Moormans could object and take part without an attorney -- they would probably have to notify the court beforehand -- but it's advisable to have counsel in these types of proceedings.

5. The hearing is by videoconference. I'm not 100% sure if this is for convenience (Barry lives in Colorado) or for safety due to Covid-19. Regardless, the Indiana Supreme Court's emergency orders allow for videoconference hearings during the pandemic.

Thank you @lamlawindy for answering my questions so succinctly and for you, Seattle, gitana and all the other attorneys and law students who are trying to help us make any sense out of this guardianship situation and upcoming hearing. It’s nice to have all your legal expertise available to us. I’m just catching up as I was not able to be on WS very much after yesterday morning and wanted to say thanks & much appreciated!

 

[Murphy1950]

I made that argument in thread 1 or 2, I believe. People were trying to say that there's no way Suzanne's parents could be so wealthy. I used the example of a family I know who had a very similar business to Suzanne's parents, and they invested early in both residential and business real estate. .

RSBM

For those who may not know...It all began with an A&W root beer stand. Founder J. Willard Marriott and his wife, Alice, got their young business off the ground by quenching people’s thirst during Washington D.C.’s hot, muggy summers......and for Marriott International as it grew.

ETA: Marriott net worth as of August 17, 2020 is $31.04B.

 

[happyday]

The majority of people living everyday lives would most likely already have a power of attorney ("POA") in place for any event when you can't be in two places at the same time, and your signature is required.

There's evidence that BM/SM were familiar with using a POA for transacting business or real estate deals as recently as May 2019. This alone is one of the reasons why BM petitioning the Probate court for guardianship of SM is so going to the extreme!

What we know is that for whatever reason, BM no longer had a valid POA from SM giving him the power to sign anything on her behalf. Personally, I hope some family member takes this fact to the Guardianship hearing on Sept 1.

MOO

Ah ok. That makes sense. I too hope its brought to the court’s attention that he no longer had POA, and why would that be?