Found Deceased CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #117

That’s only if BM has the money for a good lawyer right?

I realize some court appointed attorneys are also very good at stalling. (Kohberger case)

In the end, I think it may go fast this time. Maybe not but it feels like Kelly is ready.
Kelly did say that they were ready to go, and if they have presented their case to the GJ, I guess they are.
 
Not exactly. A couple of sources (upthread) mention how the context of the arrest will be an issue at trial.

IMO.
I can only see the arrest being an issue if it is related to the events of 9/10th May. Do you think he said something upon arrest? Or do you think he denied being BM (ie used his alias)?
 
I can only see the arrest being an issue if it is related to the events of 9/10th May. Do you think he said something upon arrest? Or do you think he denied being BM (ie used his alias)?
Obviously they already knew it was him before they pulled him over and ever spoke to him so maybe he did use his alias at first. Or maybe made some flippant remark like "I expected this eventually". It'll sure be interesting to find out what exactly it was.
 
Barry's lawyers also told the outlet that a bullet and Suzanne’s biking clothes were found with her remains, though it was not clear if the bullet had been used, and that her foot bones and shoes were not in the shallow grave.
:oops:

If I ever knew, I've forgotten this part. Why were these bones plus shoes missing?


Let's not forget....

"Barry Morphew is innocent and he could not have killed his wife," said Jane Fisher-Byrialsen, one of Barry's attorneys. "She got up the morning of Mother's Day, had her cup of coffee, that is now confirmed with the autopsy report. Also confirmed with the autopsy report is that she put on her bike clothes. She was on a bike ride and abducted. The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida."
 
Let's not forget....

"Barry Morphew is innocent and he could not have killed his wife," said Jane Fisher-Byrialsen, one of Barry's attorneys. "She got up the morning of Mother's Day, had her cup of coffee, that is now confirmed with the autopsy report. Also confirmed with the autopsy report is that she put on her bike clothes. She was on a bike ride and abducted. The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida."
Very common tranquilizer purchased and used by only one man in the entire area lol
 
Let's not forget....

"Barry Morphew is innocent and he could not have killed his wife," said Jane Fisher-Byrialsen, one of Barry's attorneys. "She got up the morning of Mother's Day, had her cup of coffee, that is now confirmed with the autopsy report. Also confirmed with the autopsy report is that she put on her bike clothes. She was on a bike ride and abducted. The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida."
That defense lawyer stretches to make inferences a WHOLE LOT MORE than she'd ever instruct a jury to.
  • At some point before her death SM consumed a substance with caffeine.
  • SM's remains were found with a Nike tank, Yeti shorts, and a Crested Butte sweatshirt which she had been known to wear for various intended activities before her death. It is unknown whether she was wearing them at the time of her death, or whether they were placed by someone else with her remains, but it is known that they were not present as her remains decomposed. Witnesses say that only some of those items were consistent with SM's typical biking wear.
  • There has been no confirmation SM was on a bike ride and was abducted. The alleged bike ride was suggested by the defendant to the neighbor who the defendant asked to check for SM's whereabouts when their daughters could not reach her on Mother's Day. A witness familiar with SM's typical biking habits indicated that it would be atypical for SM to bike in the morning and it would be atypical for her to ride directly from her home rather than drive her bike to a trailhead and bike from there. Also, a witness (friend of SM) has indicated that SM had intended to virtually attend that friend's daughter's wedding that day.
  • BAM is a very unusual animal tranquilizer, unprescribed in that area (and the entire state of CO) to anyone other than the defendant.
 
This 6/23 AZ Central article says Barry was arrested at a residence in Gilbert, AZ.


‘DPS detectives arrested Barry at a residence in Gilbert June 20 at the request of Colorado authorities, DPS spokesperson Bart Graves said in an email to the Arizona Republic.’

 
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.
This 6/23 AZ Central article says he was arrested at a residence, not during a traffic stop as earlier reported.


‘DPS detectives arrested Barry at a residence in Gilbert June 20 at the request of Colorado authorities, DPS spokesperson Bart Graves said in an email to the Arizona Republic.’

There was a film clip,now deleted, showing him being arrested during a traffic stop
 
I can only see the arrest being an issue if it is related to the events of 9/10th May. Do you think he said something upon arrest? Or do you think he denied being BM (ie used his alias)?

Knowing what we do of Barry, he is a pretty disorganized and proud kind of guy. I know that arrestees sometimes protest their innocence loudly (like the Australian guy responsible for the Russell Street bombing), or they cry, or they try to run, or they get belligerent. Since LE made a point of not saying what Barry's response was (and that it will come up at trial), his behavior must have seemed guilty. Maybe he was merely belligerent and rude with police (the face in the mug shot is a very angry face but also gives hints that he might have been crying).

I'd like to think he cried and tried one last time to convince local police that the police up in Colorado were bad guys. OTOH, it would be wild if Barry got belligerent and threatened the local police.

It is relevant to the murder of Suzanne because he was read the charges and he had a reaction. Guilty knowledge or behavior can be part of a trial, for sure. Attempts to persuade or bribe police are included as are attempts to run, deny identity, etc.
 
Very common tranquilizer purchased and used by only one man in the entire area lol
Defense might claim black market BAM (illegally obtained ) or used by “abductor”who obtained BAM from another state

Also, could defense claim that BAM was in SM’s body from freshly killed deer meat she consumed that had been previously and recently tranquilized ?
 
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That defense lawyer stretches to make inferences a WHOLE LOT MORE than she'd ever instruct a jury to.
  • At some point before her death SM consumed a substance with caffeine.
  • SM's remains were found with a Nike tank, Yeti shorts, and a Crested Butte sweatshirt which she had been known to wear for various intended activities before her death. It is unknown whether she was wearing them at the time of her death, or whether they were placed by someone else with her remains, but it is known that they were not present as her remains decomposed. Witnesses say that only some of those items were consistent with SM's typical biking wear.
  • There has been no confirmation SM was on a bike ride and was abducted. The alleged bike ride was suggested by the defendant to the neighbor who the defendant asked to check for SM's whereabouts when their daughters could not reach her on Mother's Day. A witness familiar with SM's typical biking habits indicated that it would be atypical for SM to bike in the morning and it would be atypical for her to ride directly from her home rather than drive her bike to a trailhead and bike from there. Also, a witness (friend of SM) has indicated that SM had intended to virtually attend that friend's daughter's wedding that day.
  • BAM is a very unusual animal tranquilizer, unprescribed in that area (and the entire state of CO) to anyone other than the defendant.
The defense's 'inferences' were absurd at best.

'She had her cup of coffee', 'she put on her bike clothes', 'she was on a bike ride and abducted', 'partial dna match', 'The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida.', 'gone girl photo', 'when she said 'I am done' at the neighbor's house she meant she was done with her coffee'......LOL
 
ETA: minor details.
He’s in jail. That’s good enough for me.

I think it's interesting that they arrested him while he was driving not far from the police station. I remember police mentioning, after the arrest of Joe DeAngelo, that they had to worry about him attempting suicide or murder during the arrest process, so they staked out his house and studied his habits. They knew he was home and likely making dinner. IIRC, someone in civilian clothes knocked on the door, he came to the door unarmed and then uniformed officers read him his rights and arrested him. DeAngelo asked if he could go back in the house to attend to a roast in the oven and was denied. He went peacefully.

Making an arrest for first degree murder while acting as if it's a routine traffic stop can be a police tactic to keep a perp away from his arsenal. They would have been on high alert to make sure he didn't reach for a weapon in the car. I'm not sure that Barry is the suicide type, but anything is possible.

And now he's in jail and you and I are still celebrating! The wheels of justice grind exceedingly slow sometimes.
 
Let's not forget....

"Barry Morphew is innocent and he could not have killed his wife," said Jane Fisher-Byrialsen, one of Barry's attorneys. "She got up the morning of Mother's Day, had her cup of coffee, that is now confirmed with the autopsy report. Also confirmed with the autopsy report is that she put on her bike clothes. She was on a bike ride and abducted. The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida."
The innocence of the delusional... or something far more sinister. But then, who'd want to be a defence lawyer?
 
Do we think they are transporting him by van or plane? Only 10 hour drive but Colorado might have gave up on van transport after letecia's shenanigans....
I would say plane. I wonder if it will be done secretly or whether we will be able to track his journey back to Colorado.
 
The indictment handed down by the grand jury relates only to "Count 1: Murder in the First Degree (after deliberation) F1."

Is it possible for a domestic violence sentencing enhancement to be addressed at a later date (such as at pre-sentencing in the event of a conviction)?
 
Defense might claim black market BAM (illegally obtained ) or used by “abductor”who obtained BAM from another state

Also, could defense claim that BAM was in SM’s body from freshly killed deer meat she consumed that had been previously and recently tranquilized ?

The fact that the vast majority of us, here on this website where we discuss a myriad of crimes in detail, had never heard of BAM, speaks volumes about how uncommon it is.
The chances of a person intent on murder using BAM for that murder are very small. The chances that that predator(not a mountain lion) randomly kidnaps the wife of the only private citizen to possess BAM in that part of Colorado, and kills her with BAM has to be approaching zero.
 

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