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

[tmar]

Agree so much. All that follows is moo.

In domestic violence cases, the abuse does not suddenly appear out of nowhere with a blow to the head. Control is abuse, it wears down the will and dignity of the victim. So very cruel. That Suzanne is described as childlike breaks my heart. I feel that was a factor in the marriage from the start. It would make her attractive to an abuser. Along with an inheritance, of course. I'm not saying that BM was concious of this. He appears to have a self awareness deficit as large as his inflated ego.

I feel the move to Colorado was proposed not only because of work stressors, but to isolate her more completely from her support group, in order to gain more perfect control of her assets. She wouldn't feel comfortable confiding in new friends, as she had with her old friends.

I feel that he was losing control at work, and at home as well, in Indiana. I feel that he had become physically abusive and her friend knew about it. All the more reason why he felt he needed a fresh start. Suzanne tried to convince herself that things would get better if he was away from the work stressors (of his own making), yet she had reservations about the move.

The abuser is so manipulative after an explosion, promising the moon, it will never happen again, to the point that the victim will actually feel pity for the abuser.

One thing's for sure. If Suzanne's friend knows about any abuse, and was keeping her secret, she's talking now. Moo

Probably, not only SM's friends, family and daughters are now speaking.
How BM acted in the marriage?
We will soon be informed.
MOO.

 

[lamlawindy]

Thanks for the follow-up @lamlawindy.

I do not disagree with you that the court cannot act beyond the statute, and
I hope you did not read my post to suggest that I think merely providing a court-appointed lawyer for a missing person, a respondent that cannot be located and served NOTICE, is the remedy.

In my opinion, what I think happened here, is that somebody, after experiencing the trials and tribulations of trying to manage the affairs of a missing person with no legal authority to do so, had the ear of the General Assembly, and they simply moved to tweak the IC definition of incapacitated.

BAM, done!

I think the real solution here is to repeal the inclusion of missing persons in the definition of incapacitated. After that's completed, I think the public of your state (Indiana) would be best served by the enactment of a law to help manage the affairs of people who are missing, where the intent of the law is to safeguard a loved one’s assets in their absence, and where both the court and guardian have to take into account the missing person's wishes.

Obviously missing persons are not unique to Indiana or the United States. We recently adopted our own law in the UK: The Guardianship (Missing Persons) Act 2017, which came into force in England and Wales 31 July 2019.

These are just a few things that the UK Act provides for:

Application can't be made before a person is missing for 90 days;

The reason you're unable to make decisions or communicate them does not include that you are incapacitated (within the meaning of the Mental Capacity Act 2005);

The court or guardian must consider, so far as is reasonably ascertainable—

(a)any relevant wishes and feelings expressed by the missing person at any time, including any relevant written statement made by the missing person,

(b)the beliefs and values that would be likely to influence the missing person, and

(c)any other factors that the missing person would be likely to consider.

The Act provides for persons detained (held in jail/prison);

Guardianship order must end within 4 years (excluding death or located);

Protection from the interest of a purchaser;

The court can appoint two guardians or co-guardians;

The application, order, variation of the order, and revocation of guardianship order all have to be advertised.

A missing person's parents and siblings have a right to intervene.

MOO

'Claudia’s law’ to lift families of missing people out of legal limbo

I didn't know you were in the UK! I figured you were in ... Seattle

To be honest, I think it's pretty cool how you guys caption your cases: Regina v. John Smith sounds a lot cooler than State v. John Smith.

 

[GordianKnot]

Chaffee County candidates get 5 minutes each on BVEC stage in Fourth of July forum

SABBM:

Linda Stanley

“This is an incredibly important election for your top law enforcement officer, which is your District Attorney,” Stanley said, “My opponent, Kaitlin Turner, has one year of experience prosecuting cases that are violations of Colorado Law … My entire professional career has been in criminal law, including as a police officer.”

Kaitlin Turner

“I was hearing that the D.A. was refusing to file charges and refusing to prosecute cases. I’ve been hearing from your law enforcement leaders that the D.A.’s office wasn’t communicating with them, wasn’t working with them, wasn’t a partner to them. And I was also hearing from victim advocacy groups in your community saying that the D.A.’s office doesn’t respect victims and isn’t representing the victims’ voices in court,” Turner said of the D.A.’s office she inherited last year. “As you can imagine, all of those things present a problem, and the problem is that the community isn’t safe when the D.A.’s office isn’t working with everyone, isn’t invested in the community and isn’t compatible and responsive … We’ve done the work, and there’s a lot of work left to do.”

_________

Just linking this article because Chaffee County is in the 11th Judicial District, and it's entirely possible that whoever wins the upcoming election will in fact be the individual making the decision re: whether/when to file charges against the person responsible for Suzanne's disappearance.

JMO.

 

[Dr.StClements]

Unlike federal courts, there is no "case or controversy" requirement for probate matters. Historically, probate courts have acted as a tool to ensure that certain things could be done when the owner of property is deceased, incapacitated, etc. An important function they've played here in the Midwest is to ensure that property title passes smoothly & cleanly when a property owner dies; one chief
goal was to avoid lengthy, costly battles over farmland between heirs. Once a will was probated (or intestacy was found)
& title to property passed to an heir, creditors would be much more likely to provide the heir with seed, fertilizer etc. on credit because the heir's right to the land was established by a judicial order.

That being said, the law also has an important principle: judicial restraint. Briefly, it means that courts should limit their use of power and not interfere where unnecessary or unsought.

For example, let's say that two first cousins (each 25 years of age) marry
in Tennessee but then move to Indiana, which forbids such marriages unless both parties are 65. Now, let's say that the cousins file for divorce in Indiana but do not ask for an annulment. The court could, theoretically, find their marriage void because they're first cousins under 65. Under the principle of judicial restraint, though, the court will probably instead recognize their original marriage as valid because (a) it will give deference to the legislature of the state where they were married (Tennessee)* and (b) neither cousin asked for an annulment to begin with, so the court will not insert itself if not asked.

Here, judicial restraint would seem to militate against interference in the guardianship proceeding by the court when other persons -- namely, the Moormans -- refuse to become involved. Again, the thinking would be that the court should not insert itself if persons with possibly genuine concern for Suzanne's property will not become involved.

You're right that there's no statutory requirement that a family member intervene. A probate court also has wide discretion in what it can do, as IC § 29-3-6-1 shows. It could appoint Barry Morphew as guardian but forbid him from transferring any of Suzanne's property & order him to simply preserve it.

The court may even find -- because Barry and Suzanne are domiciled in Colorado -- that Indiana is not the proper venue for the guardianship proceeding and (a) dismiss the petition or (b) find only in rem venue and grant Barry powers only over property in Indiana.

If the Moormans asked me, I'd recommend that they intervene. Sure, it's possible that the judge will not give Barry all the powers of a guardian, but merely hoping for that outcome isn't a good strategy. At the very least -- if the Moormans want the best chance to avoid a guardianship -- they should attempt to intervene.

* Many Americans incorrectly assume that the Full Faith and Credit Clause of the US Constitution mandates that each state recognize marriages from all other states as valid. This is incorrect. Judgments and orders, such as adoption and divorce decrees, do have to be recognized as valid

Dear Iamlawindy,

When BM first submitted documents to do with guardianship, it was reported that his older daughter co-signed same.

Would this make any difference to his request, i.e. in having another very close relative/next of kin as co-signatory would add weight to his case?
Thank you in advance.

 

[Dr.StClements]

S Arkansas, more of a creek there and too small for boating unlike the main Arkansas River
Many miles of world class whitewater from above Buena Vista to Canon City.
Salida has a large and very old whitewater festival called FibArk.

S Arkansas, more of a creek there and too small for boating unlike the main Arkansas River
Many miles of world class whitewater from above Buena Vista to Canon City.
Salida has a large and very old whitewater festival called FibArk.

Wow - this brings back some memories! I was whitewater rafting on the Arkansas river almost 30 years ago. I have the greatest respect for the elements (particularly fast flowing and deep waters) but somehow got talked into rafting when I was 3 months pregnant.
We started out not far from Salida and it wasn't long before we encountered class IV rapids! I knew that Salida sounded familiar, but couldn't put my hand on why. Until now.
It makes this case even more poignant for me. Colorado has many stunningly beautiful areas; I was mesmerized by them.
Conversely, those travels are a stark reminder of what a nigh on impossible task LE has in searching such vast open spaces, characterized by forests, mountains, and fast, powerful rivers. Dear, dear Suzanne.

 

[Ontario Mom]

It's really sad, Suzanne appears to be a beautiful person inside and out.

eta - also what I find sad, is that due to her faith, she would possibly forgive whoever harmed her - imo

I just wanted to address the bolded section. From all I've read about SM, I believe you are correct, she would attempt to find it in her heart to forgive the person that did her harm. But it shouldn't make anyone sad.

<modsnip: Removed religious discussion>

jmo

 

[10ofRods]

Does anyone know if boating (fishing) or rafting is common on that river in BM's backyard?

My understanding is that it doesn't have enough water for that until after the dam, which is a mile or two downstream. I could see kids tubing it, I remember checking the water reports for May 10-11 and the various rafting concessions in Salida said the only place they could put in was on the other side of Salida from Maysville.

The existence of the RV/campground park nearby could mean that some might try a brief stretch on a tube - but I can't imagine anyone fishing from a boat or trying much rafting.

IIRC, there's a little creek that flows into the river nearby, both had water. The river was rated as running at a "moderate" flow in early May and locals reported that while the water was moving along, there were tons of rocks and boulders just under or near the river.

 

[Auntie Cipation]

I've thought about the recent brush fire that occurred right before SM's disappearance and those that happened directly afterward. I would think the area burned would be an excellent place to bury a body.
I know that sounds so morbid, but it is what it is.

If the fire was on federal land, it gets rather a lot of attention from agency employees in the first weeks after the fire. Erosion of bare soil is a major concern and surveys will be done and any needed control measures put in place, often within a month or two of the fire being out. Also surveys to see if habitat for endangered species, archaeological sites, etc have been damaged.

Of course our perp may or may not be aware of all the attention headed to recent burn areas, and it's their awareness that would direct their actions.

IMO since no link, but I am a former Forest Service employee so I'm speaking from personal experience.

 

[Chocoholic]

Slow night. I suppose because there’s nothing new to report. My heart just breaks for her family, especially her daughters. I pray they will find some peace and soon be able to get answers and justice. This case makes me so angry and sad!

 

[enelram]

Interesting comment from a former prosecutor
and now private attorney, who spoke on
Court TV this past evening.
She said she doesn't remember any case she ever prosecuted of homicide committed by husband against wife, where there wasn't
prior violence against wife before her murder.
My mind jumped to SM and how we've discussed BM's controlling personality.
I'm sure LE has most all the pieces and knows pretty much what happened.
They just need those little additional details
to put a credible story together to convince a
jury of what happened.
It's coming BM, get your affairs in order.

 

[lamlawindy]

Dear Iamlawindy,

When BM first submitted documents to do with guardianship, it was reported that his older daughter co-signed same.

Would this make any difference to his request, i.e. in having another very close relative/next of kin as co-signatory would add weight to his case?
Thank you in advance.

Well, the notice statute (Indiana Code section 29-3-6-1) requires that notice of the petition must be served on:

(A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.​

From my understanding, there's only one adult Morphew child. The statute requires that she be served with notice but doesn't require her to co-sign the petition. Obviously, from a practitioner's view, it's beneficial if the adult children agree with the petition.

 

[Seattle1]

Well, the notice statute (Indiana Code section 29-3-6-1) requires that notice of the petition must be served on:

(A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.​

From my understanding, there's only one adult Morphew child. The statute requires that she be served with notice but doesn't require her to co-sign the petition. Obviously, from a practitioner's view, it's beneficial if the adult children agree with the petition.

I think OP was thinking of the daughter providing consent for her father.

The court documents show that Suzanne and Barry Morphew’s eldest daughter, who is an adult, provided consent for her father to be appointed guardianship of Suzanne.

Barry Morphew files for guardianship of missing wife Suzanne Morphew

 

[enelram]

Another similar case in recent news, the well known
Boston surgeon who killed his recent new bride
by strangling her during an argument then weighted her body down by putting rocks in her
clothing pockets and dumped her in a pond.

This wife was in the process of leaving him and
had gotten a restraining order against her husband for violence only to rescind it later. However the
judge in the case still ordered the husband to stay away from the wife.

Fortunately the husband gave up the location of the body and is awaiting trial for murder.

The wife had even gone to a local newspaper reporter to tell her story of how difficult it was
to get out of a violent, controlling marriage and
get protection from a dangerous husband.

I sniff many similarities here as I believe the
Morphew marriage was deteriorated to the point that SM was planning her exit.
I wonder if BM got wind of some details of what she was planning.

https://nypost.com/2020/05/17/bosto...killing-wife-allegedly-abused-her-for-months/

 

[lamlawindy]

I think OP was thinking of the daughter providing consent for her father.

The court documents show that Suzanne and Barry Morphew’s eldest daughter, who is an adult, provided consent for her father to be appointed guardianship of Suzanne.

Barry Morphew files for guardianship of missing wife Suzanne Morphew

Thanks, @Seattle1! My bad, @Dr.StClements!

Yes, if the adult Morphew daughter expressed no reservation and consented to the guardian appointment, then that can only add weight to Barry's request.

 

[NatKingCola]

I apologize if this has been covered previously... I admittedly haven't read everything - but I still wonder about the noises reported by the neighbor at the job site late on the 9th.

Does it seem like someone would take the risk of making all that commotion if they were in the process, or in the possession, of something nefarious? Someone might do this I guess and we know (thankfully) that mistakes do get made. But could it serve another other purpose to have a verifiable reason to be out and about that night on that route? I guess it could also have been that something was needed for the trip on Sunday to be believable, or to make up for lost time if work had been planned and missed for another reason. I believe the neighbor said she heard noise for about 30 mins, no clue how long loading up equipment or finishing up a job might take.

If I recall correctly, LE said a "tip" led them to search there the way they did. Would a search like that have been carried out based upon just a tip without someone else's admittance of being out there or GPS data? I think about the unknown item being referenced widely in the media and wonder if they could be looking for someone to have seen it there (if you know what is it, then you saw it) before a morning ride was feasible. IMO.

 

[EggSalad]

The M property and Arkansas River conversation got me thinking about a similar post I made recently. This post is MOO and is just something to consider regarding where SM’s body might be found.

-BM was/is a volunteer firefighter
-Volunteer firefighters train on swift water rescue in the Arkansas River
-I’d imagine some aspect of that training involves what happens if a person is swept down the river with knowledge that there is a dam. I’d imagine you’d also be familiar with how corpses of people that drown are found in that area
-As a volunteer FF, you’d also have a lot of experience with the various terrain in the area
-As a big game hunter, you’d feel comfortable being out in remote areas

That leads me to think that if BM is the perp, he’d have enough info on why trying to hide a body in the Arkansas River is not a good option. I could see a weapon that would sink being disposed in the river but not a body.

On the other hand, as a FF, Big game Hunter, and someone very familiar with hardscape work, I think you’d have a lot of ideas on how you could use the terrain for your benefit.

 

[K9Enzo]

I apologize if this has been covered previously... I admittedly haven't read everything - but I still wonder about the noises reported by the neighbor at the job site late on the 9th.

Does it seem like someone would take the risk of making all that commotion if they were in the process, or in the possession, of something nefarious? Someone might do this I guess and we know (thankfully) that mistakes do get made. But could it serve another other purpose to have a verifiable reason to be out and about that night on that route? I guess it could also have been that something was needed for the trip on Sunday to be believable, or to make up for lost time if work had been planned and missed for another reason. I believe the neighbor said she heard noise for about 30 mins, no clue how long loading up equipment or finishing up a job might take.

If I recall correctly, LE said a "tip" led them to search there the way they did. Would a search like that have been carried out based upon just a tip without someone else's admittance of being out there or GPS data? I think about the unknown item being referenced widely in the media and wonder if they could be looking for someone to have seen it there (if you know what is it, then you saw it) before a morning ride was feasible. IMO.

I agree with you. We know there are some dumb criminals out there but in this scenario, using heavy equipment, at that hour, to cover up a murder just doesn't make sense me. You mine as well put a spotlight on the scene so you can see better.

When I listened/read the interview with the neighbor of the job site, I'll be honest, I discarded it. It came across as not believable to *me*. There I said it.

I would imagine LE had something more compelling to search/dig up that site. I don't believe however there was anything found. That does happen often, not all searches lead to evidence. That location has probably been eliminated as connected to this case is all. IMO

 

[NuttMegg]

Interesting comment from a former prosecutor
and now private attorney, who spoke on
Court TV this past evening.
She said she doesn't remember any case she ever prosecuted of homicide committed by husband against wife, where there wasn't
prior violence against wife before her murder.
My mind jumped to SM and how we've discussed BM's controlling personality.
I'm sure LE has most all the pieces and knows pretty much what happened.
They just need those little additional details
to put a credible story together to convince a
jury of what happened.
It's coming BM, get your affairs in order.

I don't think there was any violence from Chris Watts towards Shan'ann before he murdered her. I would expect previous violence more from guys who have to call the shots, who have to be obeyed, are physically so much stronger. It's not unusual, imo, that some men lose interest in their wife should she become ill with cancer. But, imo, it is not usual for a woman to psychologically desert a husband with cancer. I can't believe that he has so quickly moved on.

I took a lot longer to mourn my own divorce, even when it was my own idea, carried out in a friendly manner with mutual respect.

Sad to say, but he acts so nonchalant about her disappearance, like it happened long ago and he can't wait to finally get on with his life, unencumbered.

 

[NuttMegg]

The M property and Arkansas River conversation got me thinking about a similar post I made recently. This post is MOO and is just something to consider regarding where SM’s body might be found.

-BM was/is a volunteer firefighter
-Volunteer firefighters train on swift water rescue in the Arkansas River
-I’d imagine some aspect of that training involves what happens if a person is swept down the river with knowledge that there is a dam. I’d imagine you’d also be familiar with how corpses of people that drown are found in that area
-As a volunteer FF, you’d also have a lot of experience with the various terrain in the area
-As a big game hunter, you’d feel comfortable being out in remote areas

That leads me to think that if BM is the perp, he’d have enough info on why trying to hide a body in the Arkansas River is not a good option. I could see a weapon that would sink being disposed in the river but not a body.

On the other hand, as a FF, Big game Hunter, and someone very familiar with hardscape work, I think you’d have a lot of ideas on how you could use the terrain for your benefit.

I still think she ended up in pieces, easy and quickly done by a big game hunter, even a self described one. She weighs less than the average female white tailed deer. Same mo as Frazee, imo. In fact Frazee could have been a studied role model and inspiration.

 

[Hatfield]

Wow - this brings back some memories! I was whitewater rafting on the Arkansas river almost 30 years ago. I have the greatest respect for the elements (particularly fast flowing and deep waters) but somehow got talked into rafting when I was 3 months pregnant.
We started out not far from Salida and it wasn't long before we encountered class IV rapids! I knew that Salida sounded familiar, but couldn't put my hand on why. Until now.
It makes this case even more poignant for me. Colorado has many stunningly beautiful areas; I was mesmerized by them.
Conversely, those travels are a stark reminder of what a nigh on impossible task LE has in searching such vast open spaces, characterized by forests, mountains, and fast, powerful rivers. Dear, dear Suzanne.

The same thing happened to me when I first learned about this case. It took me awhile to realize I had taken a rafting trip on that same river not far from there. I was with a boy scout group and we took a week long camping trip to the area and one of the days we had a guided white water rafting trip on that same river.

Great memories for sure and some of the most beautiful country in the US and perhaps the world. I distinctly remember wanting to belt out a John Denver song when up near one of the peaks. Luckily for others, I didnt. LOL