Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #46

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He could have changed all that, with the right advice. I think he needed expert advice.

A person who could make up their own mind not to look for their wife (publicly and in every other way) based on the fact that "everyone thinks he did it" needs help or advice or something.

Barry definitely should've had a family spokesman from the beginning. While having one is no guarantee of avoiding insinuations, it would've created a buffer between the public & Barry. My view -- until hard evidence linking Barry to a crime is actually divulged -- is that he was probably in too much shock to think about a spokesman. However, I concede that there is an alternate argument: His plan didn't anticipate the need for a spokesman.
 
Barry definitely should've had a family spokesman from the beginning. While having one is no guarantee of avoiding insinuations, it would've created a buffer between the public & Barry. My view -- until hard evidence linking Barry to a crime is actually divulged -- is that he was probably in too much shock to think about a spokesman. However, I concede that there is an alternate argument: His plan didn't anticipate the need for a spokesman.
God bless that mans future attorney, they will certainly have their work cut out for them and for some reason I get the vibe hes going to be the type of client that totally disregards the advice given to him, no matter how many times its repeated. Although, the legal nerd in me would love to see any future potential litigation in person.

I was lucky enough to sit in on most of ex-Michigan State gymnastics coach Kathie Klages (she helped cover for Larry Nassar) pre-trial and trial proceedings and her attorney, Mary Chartier, was impressive. Watching her was like watching live theatre. It was inspiring, she makes litigation an art form. I hope Im half as good one day
 
Guess I recalled incorrectly. I can't even find where I read the coolers are missing now. Apparently I lack at recall and/or re-research. My new ”teaching” gig is messing up my research breaks from the full time job. Back to lurking.

Oh no - don't go lurking! I thought maybe I missed something. The cooler issue was raised by LE to AM when he was asked if the family owned coolers (because none were found). And AM relayed this in an interview somewhere.

ETA - thanks @Cindizzi for providing the source for AM's interview above.
 
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i have a legal-ish question.

can a POI, or a victim, take legal action on a youtube channel that discusses him/her and their specific case at hand? or is youtube considered free speech?

can LE request or insist a youtube channel take down videos if there is a possible upcoming arrest and said videos could hinder the investigation?

youtube true crime is new-ish territory, so i have no idea. anyone know?

jmo.

Good question! My reply is based on US law only. Other nations have different laws that may affect the outcome of such a situation.

YouTube is owned by Google (or Alphabet, to be more precise), so it's not a public forum like a courthouse. A POI or victim can send a cease & desist letter to the YouTuber, asking the YouTuber to take down the video & giving reasons why the YouTuber should/must remove said video. The YouTuber doesn't automatically have to do so, though. The next step would be for the POI/victim to lodge a complaint with YouTube and request that the video be removed. If this still yields nothing, then the POI/victim could pursue some sort of court action requesting removal, though such action is unlikely to succeed.

When courts have ordered such removal -- such as in Garcia v. Google, Inc.* -- the basis has been a copyright claim of some sort. In the hypothetical, the video would be about a crime, which is a matter of public interest. First Amendment protections would in all likelihood trump any sort of argument made by the POI (i.e. that such pretrial publicity might imperil the right to a fair trial) or victim** (i.e. that the video is some sort of privacy invasion).

* The 9th Circuit Court of Appeals, sitting en banc, later reversed the takedown order.

** Note that a real privacy invasion such as a sex video would violate privacy laws in some US States, which may indeed lead to a takedown order. I was referencing content created by a YouTuber pertaining to a given investigation.
 
I don't know why anybody should be given guardianship of someone who is missing when there is an active criminal investigation going on!!!

Judge Casati took judicial notice of the fact that there was an ongoing investigation and, I'm sure, weighed it against the need to preserve Suzanne's assets. The key, though, is that nobody objected to the petition. In such a situation, silence is a type of tacit consent. One can perhaps disagree with Judge Casati's ultimate decision, but he followed Indiana law.
 
It seems like you've lost faith in LE's search for Suzanne. Is there anything in particular that makes you lean that way? tia
I have not lost faith in LE! I apologize if it seems that I have. I was simply putting out there my nagging thought, that was thinking outside the box, on a way that BM could have disposed of her without her being found to date after massive searches on the part of LE & Andy's Army.
Everyone kept asking where the Elk carcass was, so my mind went to the idea that he may have put them together in an attempt to throw off the dogs & searchers. Again, my apologies if it seems like I have l lost faith in LE!


ETA: Sorry, wrong response to your question!:oops: I just thought the clearing looked suspicious, that is all there was to that. I am sure LE has checked the area thoroughly, but all I have to go on is pictures & this one happened to stand out to me.
 
Judge Casati took judicial notice of the fact that there was an ongoing investigation and, I'm sure, weighed it against the need to preserve Suzanne's assets. The key, though, is that nobody objected to the petition. In such a situation, silence is a type of tacit consent. One can perhaps disagree with Judge Casati's ultimate decision, but he followed Indiana law.

To piggyback off this (and please correct me if im wrong @lamlawindy), from the statute I found below it looks like any interested party can file a petition with the court to be allowed to attend the proceedings related to this matter. By any, I take that to mean literally anyone, a friend, a family member, whomever. While the matter is currently decided (guardian has been assigned), it doesn't mean that wont change. Guardianship is an ongoing legal process and if a loved one is concerned, it may be worth their time to attend future hearings to ensure they stay in the loop with the situation. That being said the court has sole discretion to grant to dismiss a petition, so there's no guarantee the court would say yes... but, if the Judge has already noted the unique circumstances of the situation, that could weigh favorably for a potential petitioner.

I understand why people are uncomfortable with the decision, but in our criminal justice system defendants are innocent until proven guilty (at least legally) so as it stood at the time of the hearing the court wouldn't really have a legal reason to deny a spouse guardianship over rumors, especially when they receive no objection

IC 29-3-5-1 Filing of petition; requirements; notice and hearing; presence of alleged incapacitated person; exceptions; conduct of hearing
(f) Any person may apply for permission to participate in the proceeding, and the court may grant the request with or without hearing upon determining that the best interest of the alleged incapacitated person or minor will be served by permitting the applicant's participation. The court may attach appropriate conditions to the permission to participate.
 
For myself, I am content to say that I think BM is responsible for the crime (in fact I'm quite certain of it). However, I cannot say he is guilty of the crime, because it has not been proven within our legal framework. That's a personal perspective and MOO.
 
I'm still bugged by the proximity of the travel trailer park, power line right-of-way and ATV trails. Just way too good an area to put a well hidden burial site. To me, the park is the only other viable scenario I can see.
 
I'm still bugged by the proximity of the travel trailer park, power line right-of-way and ATV trails. Just way too good an area to put a well hidden burial site. To me, the park is the only other viable scenario I can see.
Campground was area 1 of concern day 1 due to transient population.. should check the septic system at the campground with a pipe camera IMO. Its close and the dump station could be remote with no cameras set up. Any septic "pumping" go on since May 1 anywhere close say commercial or residential? What buried plumbing system should be scoped? What about the septic system of the job site where the noise was heard - and slab cut-did they have a camera down it? Its a nasty job pumping then screening a septic and I think L.E. is great but I would follow up with the question due to it being the last thing they want to do and thats human nature----not everyone has the makeup to be a plumber just saying---Motown
 
ALL the coolers are missing????? Oh, that takes my mind to a grisly place.

I made the mistake just now of watching a video on how to field dress an elk. I'd like to rewind my brain.

To my surprise and horror, however, it was a clean, methodical process. Like a butcher, quarter-sawing sides of beef...

I have to ask, why, around the time Suzanne went missing, did BM have a rack and skull up by his house? Fresh kill. He just couldn't resist keeping the trophy?

Begs the question, where's the rest of it?

Maybe LE has some nice clear video footage of a certain truck with a bed of coolers.

Maybe one spilled, necessitating a chlorine cleanup of everything from the bed of that truck. Maybe hotel and nearby business footage shows a lot of trips in but not out, with coolers....

Where are they now? Hotel dumpster to landfill? Maybe LE has recovered a few... lotta searches we don't know about!

My timeline... 4 pm sandwiches, seen in town, I'm pushing that back to Friday. Saturday morning's abrupt end to messaging, I'm linking that to time of death. BM at the beach site from 9 to 11 with MG, I'm ascribing his weirdness, as noted by MG, to a function of his knowledge that, at that point, Suzanne was very findable, either still in the house, or perhaps in the bed of the truck. He'd be UNDERSTANDABLY panicked.

Had to go home "to make the wife happy", I'm calling that Diversion #1. A lame attempt to create the illusion Suzanne was still alive. What? Yeah, of course, my wife isn't dead.

That gives him from roughly noon until the whole next day to prepare, clean, and conceal.

Perhaps what LE relayed to AM is that there were no OBVIOUS signs of a struggle. Luminol could have told a very different story. Remember, when AM arrived in Maysville on that Monday following Mother's Day, LE had SECURED the house, they hadn't yet executed a SEARCH WARRANT. The subsequent searches may have unearthed plenty of struggle, information investigators may have very good reason to withhold, even from close family.

It can't be a coincidence that there are no listing photos of the kitchen, mudroom and garage. That second search of the home may have dismantled the entire plumbing system in those rooms, hence an AS IS sale. That's also a good reason to make sure that the girls never see the state of those rooms.

Shocking, however, that he wouldn't hire a bunch of meth heads to restore those rooms at least cosmetically before listing, or do the work himself when he's not not-searching.

In my adjusted timeframe, I think BM did make himself visible on the afternoon of that Saturday in Salida. Shopping. Buying cleaning supplies. Or dressing supplies. Mentally working out a suitable alibi, something he never did accomplish.

I think wherever the missing elk body is, that's where Suzanne is too.

FWIW, the hard of hearing Salida neighbor heard only a half hour of activity at the beach site. That doesn't mean there wasn't more to hear. Even a half hour, however, indicates someone was doing something at a time when nothing should have needed to be done.

It's notable to me, nobody's found the rest of the elk.

Why?

All these are just my opinions
 
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Hmmm. The bed of most contractors pickups are full of tools, plastic buckets, etc. If you had to put a bunch of coolers in there for a while, where would you put the tools? A handy hotel cart comes to mind.
 
Have we heard first hand from anyone who has been inside the house since it was released from LE? I'm thinking I saw something about it, but don't remember if it was from a credible source.

As I recall, we heard from a family friend, married to BM's 400 tours friend, that she'd been in the house, but only on the main level, and that she noted nothing out of place.

We don't know WHEN, however, she had occasion to be in the house. Either before LE locked it down on Mother's Day or IMO between search warrants, which could be before LE deconstructed it unplumbed anything, if indeed they did.

JMO
 
I picture BM asking MG to rake the beach area smooth so he could later drive on it. IMO the neighbor lady either heard heavy equipment in use or the idling of a diesel truck engine. Loud either way. What's interesting to me is that it occurred for a span of time, about a half hour, as she reported it. Too long for swapping Bobcat attachments IMO. Too long simply to load a bobcat on a trailer, IMO. So what else?

Where the original well and septic system of that property were, I'd like to know. Bobcat must've been all over that property. Hence the multiple, specific areas searched by LE.

Alternately, what the lady may have heard... someone driving a truck, perhaps towing an attachment of its own, down to the beach, to engage in something nefarious, and a Bobcat in use to then rake those tracks away.

JMO
 
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IF Suzanne was seen getting a sandwich on Saturday, I'm reminded of LE's statement about her whereabouts being later than before (poor paraphrase, mine). It didn't sound definitive at all, to me at least.

I wonder who saw her getting a sandwich? JP when he met with BM, when he learned about the Broomfield "opportunity"? If JP, he'd worked in jobsite WITH BM before, just FOR him. Would he even know what Suzanne looked like? If BM wasn't alone, a person could easily ASSUME the person with him to be his wife, no? BM wouldn't be the first man to enlist a helper. KK, MT.... we've seen it before. The cleaning crew.

I predict a lot of moving parts in this investigation.

JMO
 
I picture BM asking MG to rake the beach area smooth so he could later drive on it. IMO the neighbor lady either heard heavy equipment in use or the idling of diesel truck engine. Loud either way. What's interesting to me is that it occurred for a span of time, about a half hour, as she reported it. Too long for swapping Bobcat attachments IMO. Too long simply to load a bobcat on a trailer, IMO. So what else?

Where the original well and septic system of that property were, I'd like to know. Bobcat must've been all over that property. Hence the multiple, specific areas searched by LE.

Alternately, what the lady may have heard... someone driving a truck, perhaps towing an attachment of its own, down to the beach, to engage in something nefarious, and a Bobcat in use to then rake those tracks away.

JMO

See, I think you make good points (the bolded) on the noise the neighbor reported hearing for up to 30 minutes maybe was not what she thought. IMO
 
I picture BM asking MG to rake the beach area smooth so he could later drive on it. IMO the neighbor lady either heard heavy equipment in use or the idling of diesel truck engine. Loud either way. What's interesting to me is that it occurred for a span of time, about a half hour, as she reported it. Too long for swapping Bobcat attachments IMO. Too long simply to load a bobcat on a trailer, IMO. So what else?

Where the original well and septic system of that property were, I'd like to know. Bobcat must've been all over that property. Hence the multiple, specific areas searched by LE.

Alternately, what the lady may have heard... someone driving a truck, perhaps towing an attachment of its own, down to the beach, to engage in something nefarious, and a Bobcat in use to then rake those tracks away.

JMO
Ok except you believe the girl?-about raking a beach- could be true though. Sad the brother did not find anything. I still question Puckett or Pruit role, the girls role as well as the real relationship between Boss /employee #1. IMO p.s. I think she deserves a Oscar. Motown
 
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