CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #118

[Tragg]

In answer to your questions
What will be Morphew's defense?

How would Suzanne's putative character trait of promiscuity be pertinent to that defense?
Would it not point to the possibility of another perp?
If such a trait would not relate to the defense, how would it otherwise be relevant?
I don’t quite understand your question, but unless it relates to ‘it wasn’t me’ scenario, it would not.

Why did this character trait never come up in the 11th JD prosecution?
The affair was revealed at the PH? I cannot remember what side (probably prosecution) but that is how we found out about JL. I take it you mean why any other possible affair was not raised at that time and I don’t know the answer to that question. However, listening to his current (danish) lawyers podcast/interview and the mention of G and MM1 has made me wonder of the possibility of other affair partners. I also wonder whether the private investigators unearthed anything (about anyone connected to the case).

Thanks!

IMO, a single affair would not be sufficient to establish the character trait of promiscuity. Character evidence is reputational, established through facts and opinions known in the community.

IMO, a single affair would not be allowed to serve as the basis for a speculative argument that there must have been others.

Maybe Morphew intends to portray GD as a potential perp - I think that's a reasonable read of the JFB podcast interview. But he will need to present evidence specific to him, that would lead a reasonable investigator to see him as a potential suspect, and show that LE did not adequately investigate him.

IMO, Kelly and Johnson know about the interview, and they had this covered before the indictment issued.

 

[Magic8Ball]

Would MM1 not be able to prove a call with her phone records?

She may (cough, cough) be able to prove a call, but if in fact she spoke with someone who was using her mother's phone on the night of the 9th, she can't prove who it was she speaking with during that call.

In the original arrest affidavit, LE cited the selfie Suzanne sent to JL on Saturday afternoon as the last proof of life. If MM1 could "prove" she spoke with Suzanne "on the night of" (cough, cough) June 9th, that would have obviously been documented as the last proof-of-life rather than the selfie.

This means that phone convo either a) didn't happen, b) MM1 "misstated" (cough, cough) when it happened or 3) does not prove who in that house had possession of Suzanne's phone that night.

Any way you slice it, it's not helping the defence.

By the time this trial's over, Jane's batting average is going to be worse than her client's, and as we know, .132 ain't exactly Silver Slugger territory.

 

[TIGER0822]

A link to “multiple affairs” please.

Updating previous post to add IMO GD told ‘part of the story. His story, sounds to me like he was telling BM daughter something, in case anything got out of- but imo they had a serious relationship. IMO

 

[LinasK]

Would public defenders be assigned to various LE who were named in Barry's civil suit? Could that be the conflict?

LE had probable cause to arrest him the first time, nothing unlawful about it IMO. But IE sure managed to name everyone she could think creating a scramble for them to secure representation against Barry's claims. A run on defense attorneys?

I still don't see how Barry should get to have his pick of private defense attorneys, chartered by the public defenders office. Special privilege?

It feels orchestrated. Too orchestrated.

Staged.

JMO

I've never heard of using a Public Defender in a Civil Suit. Also, in general I don't think defendants get to choose their Public Defender, but they can fire one or more if they don't like their representation. My cousin's killer managed to go through firing 8 attorneys Public and Private before the judge put a stop to it.

 

[TIGER0822]

I've never heard of using a Public Defender in a Civil Suit. Also, in general I don't think defendants get to choose their Public Defender, but they can fire one or more if they don't like their representation. My cousin's killer managed to go through firing 8 attorneys Public and Private before the judge put a stop to it.

I sorry to hear that your cousin was killed. Sending you my deepest condolences.

 

[LinasK]

I sorry to hear that your cousin was killed. Sending you my deepest condolences.

Thank you.

 

[Seattle1]

I've never heard of using a Public Defender in a Civil Suit. Also, in general I don't think defendants get to choose their Public Defender, but they can fire one or more if they don't like their representation. My cousin's killer managed to go through firing 8 attorneys Public and Private before the judge put a stop to it.

Sounds like Orlando's Sarah Boone! She went through eight court-appointed attorneys before representing herself, then hired a ninth attorney and later a tenth. The Judge ruled that she forfeited her right to a court-appointed attorney due to her inability to work with them. Cut off from the supply of public defenders, the last two came to her aid pro bono.

 

[LinasK]

Sounds like Orlando's Sarah Boone! She went through eight court-appointed attorneys before representing herself, then hired a ninth attorney and later a tenth. The Judge ruled that she forfeited her right to a court-appointed attorney due to her inability to work with them. Cut off from the supply of public defenders, the last two came to her aid pro bono.

It's a delaying tactic. He represented himself briefly in the other case that went to trial.

 

[GOBliaison]

I’m still shocked by the body move. My guess- control. For some reason the first location worried BM that it could be linked to him. That location is the evidence goldmine. Still such a risky move but it appears he did it based on the autopsy report. He couldn’t leave it alone. Had to micromanage it. imo

Even panning downstream on the South Branch wouldn't turn up any of Suzanne's 62 foot bones now. But she decomposed without trace of recognizable organic material - hair, teeth, nails, etc., - stuffed, weighted and secured below the surface of that waterway just upstream from her hot tub.
Barry had tons of time - a year was it? - to enjoy refreshing dips right there in the South Branch's decaying branches, checking on the state of Suzanne's Nature Composting over the months preceding his initial arrest...
No pressure. So confidence building. But... she could not stay there forever, so close to their home....
Hence, imo, remains retrieval and relocation, again at leisure, of Suzanne's much-reduced volume .
______________________

Hindsight being 20/20, what he needed was a summons to return to his digs - pun intended - in Indiana to exhume furniture et al. for reinterment in a "proper' municipal- approved landfill. All need be done would have been to lay his wife's remains under a few undigested sofa cushions. And under it all goes. Again.

"Back Home in Indiana"

 

[GOBliaison]

From the start, Barry said he didn’t drink but LE found 3 beer bottles in his trash with his fingrprints.

Just picking up after Suzanne. Ballsy lush

 

[Knox]

And turn your phone off when your beloved children were out of state on a trip? And wake up on Mother’s Day, have a cup of coffee, but never bother to check in with your bestie mother of the bride on the wedding day, or look at her messages?

@Magic8Ball @DizzyB - Both excellent points!

If made at trial, these points will resonate strongly with female jurors. Sheila Oliver and Liebler will be called to state Suzanne’s routine habits and responses. Her silence was highly abnormal and a clear indicator of TOD on Saturday, JMO.

No way between the BAM and mountain of cumulative evidence, ole Barry will walk free this time around.

I feel the defense will ultimately try to structure a plea deal, for a shorter sentence. He’ll tell the girls he had no choice, couldn’t risk a longer sentence - he’s pleading guilty for their sakes. But will never admit he killed their Mom.

Is an Alford plea a possibility here?

 

[MrsWatson]

@Magic8Ball @DizzyB - Both excellent points!

If made at trial, these points will resonate strongly with female jurors. Sheila Oliver and Liebler will be called to state Suzanne’s routine habits and responses. Her silence was highly abnormal and a clear indicator of TOD on Saturday, JMO.

No way between the BAM and mountain of cumulative evidence, ole Barry will walk free this time around.

I feel the defense will ultimately try to structure a plea deal, for a shorter sentence. He’ll tell the girls he had no choice, couldn’t risk a longer sentence - he’s pleading guilty for their sakes. But will never admit he killed their Mom.

Is an Alford plea a possibility here?

I've wondered about an Alford plea, as well. There's no way to get around the BAM, imo.

I think Barry's pride may be an issue with an Alford plea, and saving face for his family, particularly the daughters. I think they would tell him, why take an Alford plea if you didn't do it?

 

[Skigh]

Updating previous post to add IMO GD told ‘part of the story. His story, sounds to me like he was telling BM daughter something, in case anything got out of- but imo they had a serious relationship. IMO

I find it extremely difficult to believe that Suzanne would start any relationship with one of Barry's friends.

 

[Tragg]

@Magic8Ball @DizzyB - Both excellent points!

If made at trial, these points will resonate strongly with female jurors. Sheila Oliver and Liebler will be called to state Suzanne’s routine habits and responses. Her silence was highly abnormal and a clear indicator of TOD on Saturday, JMO.

No way between the BAM and mountain of cumulative evidence, ole Barry will walk free this time around.

I feel the defense will ultimately try to structure a plea deal, for a shorter sentence. He’ll tell the girls he had no choice, couldn’t risk a longer sentence - he’s pleading guilty for their sakes. But will never admit he killed their Mom.

Is an Alford plea a possibility here?

If the prosecution's offer was an Alford plea to Second Degree Murder, it would have attractive elements from Morphew's perspective:

(1) He could continue to proclaim his innocence for his daughters' sake,

(2) the very significant difference in sentences ( LWOP vs. 16-48 years, with 50% reduction for "good time served") would be a significant inducement, and

(3) if he was allowed to enter a plea to Second Degree Murder in the heat of passion, he could get a sentence as low as four years (and be out in two with "good time").

Section 18-3-103, Colorado Revised Statutes

But would Kelly make any such offer? Would it be a just result?

 

[master chef]

If the prosecution's offer was an Alford plea to Second Degree Murder, it would have attractive elements from Morphew's perspective:

(1) He could continue to proclaim his innocence for his daughters' sake,

(2) the very significant difference in sentences ( LWOP vs. 16-48 years, with 50% reduction for "good time served") would be a significant inducement, and

(3) if he was allowed to enter a plea to Second Degree Murder in the heat of passion, he could get a sentence as low as four years (and be out in two with "good time").

Section 18-3-103, Colorado Revised Statutes

But would Kelly make any such offer? Would it be a just result?

Is it possible that additional related charges will be filed such as tampering with evidence, obstruction of justice or tampering with a deceased body?

 

[Knox]

If the prosecution's offer was an Alford plea to Second Degree Murder, it would have attractive elements from Morphew's perspective:

(1) He could continue to proclaim his innocence for his daughters' sake,

(2) the very significant difference in sentences ( LWOP vs. 16-48 years, with 50% reduction for "good time served") would be a significant inducement, and

(3) if he was allowed to enter a plea to Second Degree Murder in the heat of passion, he could get a sentence as low as four years (and be out in two with "good time").

Section 18-3-103, Colorado Revised Statutes

But would Kelly make any such offer? Would it be a just result?

Thank you for this. IMO, it would not be a just result. But I personally want to see him behind bars for the rest of his miserable life.

But I could picture Melinda agreeing with such. Putting the girls first and saying it’s the best scenario for them.

If somehow the prosecutor did offer an Alford plea deal, the judge still has to approve it correct?

 

[Ontario Mom]

I find it extremely difficult to believe that Suzanne would start any relationship with one of Barry's friends.

I must have missed something. Where is this even coming from?

 

[Megnut]

Just picking up after Suzanne. Ballsy lush

Just picking up drinking up after Suzanne.

There, I fixed it for you.

 

[EllaMinnowP]

I must have missed something. Where is this even coming from?

I haven’t watched this yet, but it’s part four of Jane’s podcast interview back in 2024. The title looks really interesting.

Limited permission to post this interview by the mods:

LOL. Jane claims Suzanne could have been given BAM during cancer teatment.

Accuses law enforcement of putting the BAM there, whatever that means. Again claims that hunters commonly use BAM (thank God the state did their due diligence).

"Have others in mind it could be (the killer)."

Accuses George Davis. Calls him search leader when Suzanne disappeared. Claims he worked for Fish and Wildlife, which would involve him using BAM. Moved far away when they started searching for her.

Jane talked to eldest daughter about BAM and who had access. Daughter said that she was alone with George during the search, and he said "your mom was very overly affectionate towards me." She was flirting with him and she followed him into men's restroom at the gym.

Jane is asked if Barry will be charged again, and she says yes (this was last year).

After "searching and searching and searching," Jane just so happens upon Necrosearch while she is looking for a botanist to help her investigation. Jane is apparently ignorant that Necrosearch was involved from the beginning, and of course they were also involved after her body was found. I knew that and mentioned it again last week, because of the names on the autopsy report. Does Jane not have Google/common fricken sense?

Necrosearch tells her they only work with the police. Jane then finds out this botanist happened to be involved in this case. Amazing!

Barry "ran out of money a long time ago." Experts from Depp case were hired to go through phones and computers. Astronomically expensive.

He can't get any work.

"I thought that when they found Eda (Edna Maybe?) (big question about this part at 15:50 or so) it would be over, and I would be free and could live an ok life."

If that's translated correctly, and I'm hearing correctly, that's a very strange thing to say.

Talks about poor Barry getting a stomach ache every time he sees Jane's name come up on the phone.

The BAM is a "bad fact."

Lol, compares this case to the Central Park 5 in that the confessions there were also a "bad fact."

She's really worked up about this botanist, and what she found (movement of the body).

Doing that thing where the US justice system is corrupt. "They've determined its him and won't admit they made a mistake."

Jane goes on and on about Stanley, but talks about how it does not apply to the new prosecution.

"I expect him to be accused and charged." Her goal is to put him in the best position to get this over with.

Infuriating part here. Podcaster is talking about the image of Suzanne as a perfect person and how it's not true. She also talks about Barry being a "victim of the system." She annoys me as much as Jane.

I really wish we had this translated before, because none of us would have thought for a second that Barry's arrest was not inevitable. Jane was losing sleep over it, and saw the train coming from a mile away.

(Bold & underlined by me)

 

[Ontario Mom]

(Bold & underlined by me)

Yeah, I totally missed that. Well... that's a trip.