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

[Sillybilly]

Thread is open again after massive cleanup of over 100 posts.

I would much rather have spent my Sunday afternoon doing other things.

Next person to sleuth GD or re-introduce rumors gets a 2 week Time Out.

 

[Sillybilly]

Actually, I think linking PE host Chris McDonough twitter violates TOS as he's not MSM.

<rsbm>

Chris McDonough is one of the hosts of Profiling Evil which is an approved source. He and Mike King have years of homicide investigation experience under their belts and they are a member here under the user ID of Profiling Evil.

 

[Knox]

That is what I recall we well. I have no recollection of a report that she was seen or heard from after the Saturday conversation with her friend abruptly ended.
Moo

I think we can safely say the text or fb messenger conversation with girlfriend, is the last time anyone other than BM heard from Suzanne.

 

[Seattle1]

It looks like Colorado allows transfers from another state. The petitioner just has to provide notice to interested parties, there's a plan to permanently move to the state, the provide plans for reasonable care and service of the incapacitated adults needs, and no objections are made. In Colorado they allow all interested parties to apply for permission to be a part of the proceedings, this can include family and friends. Colorado gives spouses a higher guardianship priority than parents, however the legislative notes indicate the courts greatest concern is what would be in the best interest of the incapacitated adult so judges do have the discretion to appoint someone other than Barry if they find cause to do so. no idea about any of the other stuff, hopefully this helps

I've not read the statute in its entirety but I'm not convinced that if the Indiana court issues an order provisionally granting a petition to transfer guardianship to Colorado, that it would be valid or successful because I'm not sure that Colorado recognizes (as in Indiana) that an incapacitated person includes a respondent that is not present in court, will not be present at a future hearing, and can't be located by a reasonable search (applicable in IN).

Last I recall, Colorado Probate Code requires a functional analysis to be used in determining incapacity (not based on a particular diagnosis). In other words, I think Colorado requires that the respondent has to be present before they can be ruled a ward .

Again -- I could be wrong as I've not read the entire Probate Code.

MOO

 

[Warwick7]

I think we can safely say the text or fb messenger conversation with girlfriend, is the last time anyone other than BM heard from Suzanne.

Yes PE called it social media chat.

 

[Boxer]

I followed this case on Facebook before I found this site, and I think that’s where that story came from. Rumor as far as I know.

I literally had to stop reading any Reddit or Facebook because after a few months following a case I could not remember where I got information from.

 

[ivegotthemic]

I've not read the statute in its entirety but I'm not convinced that if the Indiana court issues an order provisionally granting a petition to transfer guardianship to Colorado, that it would be valid or successful because I'm not sure that Colorado recognizes (as in Indiana) that an incapacitated person includes a respondent that is not present in court, will not be present at a future hearing, and can't be located by a reasonable search (applicable in IN).

Last I recall, Colorado Probate Code requires a functional analysis to be used in determining incapacity (not based on a particular diagnosis). In other words, I think Colorado requires that the respondent has to be present before they can be ruled a ward .

MOO

I personally have no experience with Colorado courts so I cant be 100% positive. Theres very little case law in this area so it makes it hard to interpret the intended application. I was basing this off § 15-14.5-301. Transfer of guardianship or conservatorship to another state which seems straight forward, buts truly dependent on the jurisdiction and the judge

 

[Knox]

It looks like Colorado allows transfers from another state. The petitioner just has to provide notice to interested parties, there's a plan to permanently move to the state, the provide plans for reasonable care and service of the incapacitated adults needs, and no objections are made. In Colorado they allow all interested parties to apply for permission to be a part of the proceedings, this can include family and friends. Colorado gives spouses a higher guardianship priority than parents, however the legislative notes indicate the courts greatest concern is what would be in the best interest of the incapacitated adult so judges do have the discretion to appoint someone other than Barry if they find cause to do so. no idea about any of the other stuff, hopefully this helps

Wow, thanks for finding this information. I had no idea something like this could be done so quickly after a person went missing.

I realize there are things which have to be addressed (house sale under contract), but it just seems so, what's the word ... the new lot, new truck, seems like someone is simply moving on with life.

 

[ivegotthemic]

Wow, thanks for finding this information. I had no idea something like this could be done so quickly after a person went missing.

I realize there are things which have to be addressed (house sale under contract), but it just seems so, what's the word ... the new lot, new truck, seems like someone is simply moving on with life.

never under estimate the justice systems ability to make a simple process way more long, drawn out, and complex then necessary lol but yeah i agree and theres always going to be occasions where it might make sense to file... not sure i can safetly say that here.

And yeah I also agree. seems like a lot of time being spent moving on up when his wife is still out there somewhere. Id like to think im pretty open minded, but im finding it hard to find a way to justify lack of prioritizing SM

 

[Seattle1]

I personally have no experience with Colorado courts so I cant be 100% positive. Theres very little case law in this area so it makes it hard to interpret the intended application. I was basing this off § 15-14.5-301. Transfer of guardianship or conservatorship to another state which seems straight forward, buts truly dependent on the jurisdiction and the judge

I agree and not questioning your post. I'm coming from the position of one that was shocked and dismayed when Indiana deemed SM incapacitated based on just her absence. Then again, I've not been exposed to states governed under UGPPA.

 

[ivegotthemic]

I agree and not questioning your post. I'm coming from the position of one that was shocked and dismayed when Indiana deemed SM incapacitated based on just her absence. Then again, I've not been exposed to states governed under UGPPA.

sorry if that came off sassy, not my intent. because Im still in law school I feel obligated throw that out there in case i interpret something wrong. my word is definitely not law, i am wrong sometimes because the law is weird and i am surprised too...especially since her family wanst notified when it seems like the law required them to be... i was really curious about the process and usually theres a lot of opinions to help you frame what the court is looking for but I count find a single case with similar criteria, which was also surprising.

 

[Backstroke10]

So you're not sure, nor am I, if the IN guardianship does transfer to CO. I'll look into it.
Do you know when the home in Hamilton county was in contract? I'd love to see the date and who it was sold to.
It's not as simple as you imply, regarding guardianship proceedings.
It would take someone, which could only be one of her two children , in this case (unless there was a legal document declaring another family member as a designated power of attorney), to object to his filing.
There are many variables at work here.
Do the children have money for representation? Do they want to go against their father, especially in a public forum?
Are they still holding out hope that their father had nothing to do with their Mother's disappearance?
Are they afraid of emotional or financial or even physical repercussions if they would?

ETA: Or, perhaps, they are so devastated that they just want it all to go away.
I can see that, very sadly.

Can the IN Judge on Sept 1st, not make a final ruling and postpone it for maybe 3 to 6 months? I’m sure the Judge knows what’s going on in the media so could this influence him/her to postpone the case or is it too late for that? Just curious how this works.

 

[marylamby]

Can the IN Judge on Sept 1st, not make a final ruling and postpone it for maybe 3 to 6 months? I’m sure the Judge knows what’s going on in the media so could this influence him/her to postpone the case or is it too late for that? Just curious how this works.

I sure hope so. I really do. As it is, the judge in IN doesn't seem to either know about or care about SM's case.

ETA: IMO

 

[Seattle1]

My apologies as it was just a simple question and I don’t follow social media so I was sincerely just wondering. Never mind...

No need to apologize @mom2chloe!

I believe your question was whether or not a man and woman were seen late at night during the loud, vibrating, equipment sounds reported by a neighbor, and OP replied seeing this on FB --which WS deems rumor and not allowed here.

I was also recalling another post here that included a completely unrelated YT featuring a man and woman demonstrating installation of radiant floor heat or insulation under concrete-- (I can't remember which) that only served to perpetuate the man and woman working at midnight that OP claimed a FB rumor.

I hope this clarifies my response to nipping the rumor especially by one that recalls reading it on FB (I don't read FB). MOO

 

[Backstroke10]

I sure hope so. I really do. As it is, the judge in IN doesn't seem to either know about or care about SM's case.

I hope so too. With all the media attention, I don’t see how the Judge wouldn’t know what’s going on. It would seem prudent for the Judge to simply delay the decision on the permanent guardianship. MOO

 

[Boxer]

I sure hope so. I really do. As it is, the judge in IN doesn't seem to either know about or care about SM's case.

Agree. An ongoing investigation won't be a legal impediment.

 

[Knox]

I literally had to stop reading any Reddit or Facebook because after a few months following a case I could not remember where I got information from.

Lol, my recall gets a little sloppy too. The facebook ridiculousness gets old pretty quick, makes you appreciate @sillybilly who keeps us all on the straight & narrow.

 

[Seattle1]

sorry if that came off sassy, not my intent. because Im still in law school I feel obligated throw that out there in case i interpret something wrong. my word is definitely not law, i am wrong sometimes because the law is weird and i am surprised too...especially since her family wanst notified when it seems like the law required them to be... i was really curious about the process and usually theres a lot of opinions to help you frame what the court is looking for but I count find a single case with similar criteria, which was also surprising.

I'm telling you -- shock and dismay when all it took was providing notice to SM's children, and consent given by their adult daughter to grant the order.

ETA: To be clear, shocked and dismayed over the Indiana Code, not the parties. The law happened to work to their advantage is all.

 

[Backstroke10]

Agree. An ongoing investigation won't be a legal impediment.

Even if it’s not considered a legal impediment, couldn’t the judge still delay his decision?

ETA I don’t think the judge will delay but wanted to know if he could, with no reason given other than needing more time to review.

 

[marylamby]

I hope so too. With all the media attention, I don’t see how the Judge wouldn’t know what’s going on. It would seem prudent for the Judge to simply delay the decision on the permanent guardianship. MOO

People are judges and judges are people who have their own lives going on, not to mention a pandemic.
They may not be privy to what's going on unless there's an opposition to the case at hand.
Don't forget, this is IN and not CO, thus far, and I won't comment on other possibilities that could affect decisions.