Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #30

[Warwick7]

I give naturally shed antlers to my dogs to chew on. IMO, I don't think the antlers are out of place at the Morphew home.

No they aren't, unless it was used as a concealment for masking the taking of a human life.

 

[Seattle1]

Well, a guardianship isn't a traditional "adversarial" legal proceeding, so a judicial officer is supposed to provide some sort of oversight. As you noted, it doesn't always happen. Having appeared before Judge Casati, though, I don't have any concerns with regard to oversight.

Respectfully, I doubt Judge Casati is charged with overseeing the guardians after their petitions are granted. It's long been a problem not only in IN but other states. There are probably 10,000 wards in Indiana and it's a burden to oversee.

Please find more info on the formation of an Indiana task force and why it was needed:

To add to these concerns, a 2011 national audit conducted by the Government Accountability Office focused further critical attention on the limited capacity of the courts to prevent, uncover and address problems in monitoring and supervising guardianships under their jurisdiction.
*pg. 8

https://static1.squarespace.com/static/5404c9f2e4b0a7034afd1a95/t/5a2838689140b7251a4c1ec7/1512585327411/Who's+Overseeing+the+Overseers+Notre+Dame+Study.pdf

ETA: *

 

[Megnut]

The oath is a signed form (at least in CA), that a guardian has to sign agreeing to certain duties and responsibilities. Seems similar in IN. Here they get a booklet of responsibilities and duties.

Fillable Online Oath And Acceptance of Guardianship - Madison County Indiana Fax Email Print - PDFfiller

Oh, like the vows he made.

Sigh.

I hope, against all odds, he's securing the money for the daughters.

Double sigh.

JMO

 

[oviedo]

So, when Barry is charged, what happens with the guardianship? Is is automatically revoked? Or is that a whole new court procedure?

it would be good research to see if an arrested person may continue to serve as a guardian of a ward....the family would also be able to petition to revoke the Letters and appoint a new guardian by arguing the current guardian is jailed. But Fotis was able to post bond .... so there is always that.
IMO

 

[Diddian]

Seems to me the date of the cougar sighting across the road from the residence on May 13/14 by LE guarding the residence has been conflated with the date roadkill landed on the property. Mike King does a good job clearing this up near the end of Choir Practice. He seemed to think the antlers were there since late winter, and as a hunter, not so odd the rack was outside around the yard. MOO

Mike does say that, but it seems to conflict with AM's statement that there was "meat sitting where the skull was."

Do you think the elk remains were seen when the drone was flying around the property? Did anyone with good eyes spot these elk remains? Like you said, why would they be by your house anyway.

Edit..I am pages behind and I see the drone scene has been on already. Thanks to puzzles8.

It wasn't the full elk remains. Here is what AM said in the conversation with Mike and Chris at PE:

"What I do know as a fact: there was a male cougar, large one, seen in the area... sniffing around. Barry had picked up a dead elk on the side of the road... had the horn set sitting on the side of the house with meat sitting where the skull was. I think the mountain lion was interested in that rack."

 

[MsBetsy]

Do you think the elk remains were seen when the drone was flying around the property? Did anyone with good eyes spot these elk remains? Like you said, why would they be by your house anyway.

Edit..I am pages behind and I see the drone scene has been on already. Thanks to puzzles8.

I would think LE saw them at the house in the days after Suzanne went missing.

 

[ivegotthemic]

it would be good research to see if an arrested person may continue to serve as a guardian of a ward....the family would also be able to petition to revoke the Letters and appoint a new guardian by arguing the current guardian is jailed. But Fotis was able to post bond .... so there is always that.
IMO

I mean just in generally theres not really a system to notifies courts when someone with matters in a probate court is arrested on criminal charges, unless someone notifies the court they likely wouldnt find out until his next scheduled check in

 

[Fireflize]

Oh, like the vows he made.

Sigh.

I hope, against all odds, he's securing the money for the daughters.

Double sigh.

JMO

I think Suzanne was planning to provide for her daughters. He may have thought that he needed the money more. His needs, his wants. He may talk a good talk, promise that he is concerned about the daughters,
but at the end of the day, it's BM that matters to BM. Moo

 

[Hatfield]

Its a direct filing, the family could submit a petition to the court to have him removed

JMO
I hope the extended family is aware of what has been happening and I hope they do file a petition to contest it if they were not able to attend the hearing.

Putting myself in their place I would contest it until she is either found or legally declared deceased, which some insurance companies have rules when that time comes.

Similar rules should be applied here because SM does not have a voice and nobody really knows SM's desires regarding shared properties unless there is something in writing from her about things.

A simpler power of attorney or a temporary guardianship can be granted on an individual case need basis for any property selling or transfers.

The permanent guardianship does not seem right to me at this time. Its too soon. At least until official declaration that she is deceased or better yet, found.
All JMO

 

[marylamby]

I know, I have been checking the docket every day hoping for a notice of appearance / objection to guardianship to be filed and when it was not filed yesterday, I knew we were going to be disappointed with the permanent guardianship letters. I do not think it is limited either - and there is no Order designating a Locked Account or repository of the assets (when this occurs, the lawyer has to petition for everything to be spent from it - and it's only released by the Order and for the amount/payable to as listed in the Order) when we do limited guardianships, our letters have the words "Limited" in them. I believe he has carte blanche ....
JMO

I also wonder about any trust funds (Moorman granted trust funds) for SM's daughters.
Was he playing fast and loose and SM found out?
Does he now have carte blanche to them, as they were likely in trust from SM's estate?
Has PE chimed in on this?
I'm useless at this point.
I skipped so many comments which I'm sure are very informative and extremely likable.
I'm 'liking' all of you now. Thanks for all you do.

 

[TxGidget]

About the PE Choir Practice episode. A wildlife expert and PE discussed how rare it is to come into contact with a mountain lion. They are skittish. I researched and learned that juveniles and sub-adults are more likely to buck mountain lion norms, and because of this are often more dangerous. They are more impulsive and haven’t yet learned to be discriminating, ie. mammals in clothing are bad, but mammals in fur are delicious! The PE panel went on to explain that an average of only 1.7 mountain lions would inhabit a large, 100 square kilometer (62 square mile) radius. They had maps and all to show what a vast area 100 kilometers represents. They hammered home how statistically rare it would be for one to be in the area. But then, later in the show AM definitively states that one thing he knows, “for a fact“, is that a large male cat was wandering near the M house. LE saw it. Putting this all together, I’m sure it was very surprising and shocking to hear about the large cat at the M’s house. It makes sense that a mountain lion attack was considered at the outset.

 

[Sportn]

Good eye! Looks like.

On another note, beautiful area to live in. And the landscaping around the house is incredible. But man that house is huge. Almost looks like a hotel in places. I wouldn’t like that.

Lots of police tape around. Like cordoning off the foot bridge leading from the backyard?

Interesting. I wonder what they found.

I'd imagine that the big house is going to feel awfully empty and lonely with just BM living in it.

 

[oviedo]

I mean just in generally theres not really a system to notifies courts when someone with matters in a probate court is arrested on criminal charges, unless someone notifies the court they likely wouldnt find out until his next scheduled check in

yes, ITA. someone has to let the court know when something like this happens IMO. I think I will keep watching the docket...
JMO

 

[Lilypad13]

yes, and some banks let you use a PDF of the Letters of Guardianship and don't even require a certified copy from the Court. So the transfers may have already started IMO - as well as signing any contracts, deeds, etc. Also, of note, there is no Order requiring a court repository of her funds. No locked account, etc. so no oversight of her assets which are now effectively her guardians'...
sigh...
JMO

Yep he did it and it’s all his now to do with as he pleases...now the only wish I have re this shady maneuver is that karma is still a big ole B#%*! and she will come for him in due time...this is just one more thing that will convict him in the end. JMOO & hope

 

[NuttMegg]

I'd imagine that the big house is going to feel awfully empty and lonely with just BM living in it.

Overlook Hotel, IMO

 

[gitana1]

I also wonder about any trust funds (Moorman granted trust funds) for SM's daughters.
Was he playing fast and loose and SM found out?
Does he now have carte blanche to them, as they were likely in trust from SM's estate?
Has PE chimed in on this?
I'm useless at this point.
I skipped so many comments which I'm sure are very informative and extremely likable.
I'm 'liking' all of you now. Thanks for all you do.

All of this COULD become evidence if this matter ever gets to trial. It’s happened in many other cases. So, do not despair, websleuthers intent on justice. The guardianship could end up being a perp’s downfall.

 

[RumorMonger]

I think Suzanne was planning to provide for her daughters.

SBM
Why do you think so?

 

[Fireflize]

All of this COULD become evidence if this matter ever gets to trial. It’s happened in many other cases. So, do not despair, websleuthers intent on justice. The guardianship could end up being a perp’s downfall.

Thx for encouraging words!

 

[ivegotthemic]

JMO
I hope the extended family is aware of what has been happening and I hope they do file a petition to contest it if they were not able to attend the hearing.

Putting myself in their place I would contest it until she is either found or legally declared deceased, which some insurance companies have rules when that time comes.

Similar rules should be applied here because SM does not have a voice and nobody really knows SM's desires regarding shared properties unless there is something in writing from her about things.

A simpler power of attorney or a temporary guardianship can be granted on an individual case need basis for any property selling or transfers.

The permanent guardianship does not seem right to me at this time. Its too soon. At least until official declaration that she is deceased or better yet, found.
All JMO

I 100% agree if it were my family member I would have been filing motion after motion. that being said With guardianship there a priority list of who has most claim to be a persons guardian - 1. spouse, 2. adult child, 3. parents of child and while BM looks very suspicious, he cant be legally refused a guardianship for something he could have done. unfortunately The court will generally not terminate a guardian until there is concrete proof of criminal activity. If SM had a living will covering her wishes that could have been used, but no one really ever expects to need something like that. So sadly its just a waiting game until BM screws up

 

[ivegotthemic]

yes, ITA. someone has to let the court know when something like this happens IMO. I think I will keep watching the docket...
JMO

lol I like your style. and for the general record i can emphasize enough how far behind the legal world is in the use of technology. so just imagines courts are capable of the tech most businesses had like 10 years ago and that should be spot on