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

[Megnut]

Shades of psychopath Drew Peterson, who murdered his wife, Stacy Peterson, when she was about to leave him. He kept saying that she took $25,000 and a bikini and ran off with her boyfriend. Didn't Barry say at one time that Suzanne might be with her boyfriend? I can't recall if that was one of his theories.

Drew was finally convicted of killing his first wife. It was all about money and power for Drew Peterson, too. Drew didn't want either woman to have access to his pension,which ironically was cut off after his conviction.

I wish that Stacy's remains could be recovered some day. His oldest son career was impacted by his father, not that he cares. He helped his father; and, for doing so, he lost his job as a police officer. He was then living off his father's police pension supporting Stacy's and Drew's two kids...until they stopped the pension. The kids are young adults now.

So, murdering for desperately wanting to hold onto power and money for Drew Peterson resulted in his losing both and also his freedom. Barry, IMO, murdered for the same reasons. I just hope the end result is going to be just like Drew's. It's only just. It won't bring Suzanne back; however, at least some justice will be served.

Here's some links to refresh your memory on Peterson's case. Let's just hope Barry ends up the same place as Drew.

Drew Peterson - Wikipedia

en.wikipedia.org

What happens to Drew Peterson's kids?

Drew Peterson, charged in the death of his third wife and suspected in the disappearance of his fourth, soon might face another legal battle: a custody fight.

www.nbcnews.com

Drew Peterson's Son Says Dad 'Probably' Killed Two Wives

The infamous inmate's son believes his father killed his fourth wife, Stacy

people.com

JMO.

They could start a support group. In prison. Where every day can be husband's day.

I'd cue the tiny-olins but they'd be contraband so they'll have to carry on without them.

JMO

 

[scapa]

He seems to be a pretty cheap guy. I think it killed him to pay all that money to Iris, and he was hoping to get it back with his lawsuit. I imagine it would bug him to have to hand over 300k with no chance of return.

A crucial insight. This is the guy who claimed to cage the free breakfast at hotels to save the pennies and to have gone rubbish bin hopping in order to save a few clams on hiring a skip -- and I'd bet that whatever steak he didn't share with SM on that imagined "perfect night" wasn't a prime cut.

Still, he seems to be willing to spend his/ other people's $$$ pretty freely when it comes to his own freedom, and I suspect he'll spend on bond, if he has it, and he'll spend on the best lawyers, if he has it, and if he can get them.

But it will be under his skin like a chipmunk's claws, and the more he has to spend the longer those claws will grow.

Thus, the humble chipmunk becomes the avenging mountain lion.



On another note, those lovely pix of Suzanne posted upthread remind me of how exciting her liftoff might have been, and how rich her second life, had she not been hunted down and barely buried by.... Barry.

This time, I firmly believe, she'll receive a fair measure of justice.

MOO, IMO, IMHO, etc.

 

[waldojabba]

I have a rule: Defendants accused of murder should no get the luxury of release until trial when the missing person had not been found.

And while Suzanne's remains were found, not all of them were found. Notably her feet are still missing, along with some other bones and her hair.

If he is granted release, there's a chance he could destroy evidence, namely those remains.

However, if he does post bond and does attempt to destroy additional evidence, I hope his GPS monitor and LE tracking tracks him every step of the way.

JMO

I think it would be good to add the stipulation that if he does make bail where ever he lives is required to have a strong wifi signal. None of that driving up over the hill to check in.

JMO

 

[waldojabba]

Probably a lot of complaining about the injustice. Maybe asking them to get a fund together to pay the 300k. I guess he is also thinking about how to post bail without showing the court he has any money, cause he’s not paying attorney fees if he can get free lawyers. Barry, the king of smoke and mirrors.

I am surprised I have not seen anything/anyone out there rallying the troops to collect money to free Barry. Where are all his supporters ? There is no gag order right on anybody?
I think for most, the BAM did them in, all info points towards the "husband".

JMO

 

[Megnut]

I am surprised I have not seen anything/anyone out there rallying the troops to collect money to free Barry. Where are all his supporters ? There is no gag order right on anybody?
I think for most, the BAM did them in, all info points towards the "husband".

JMO

Hey, can he use the grab me money that was donated for his bail bond? What about the missing $70K? Maybe he magically found it again.

Asking for a frenemy.

JMO

 

[LinasK]

I’m so looking forward to former FBI agent Jonny Grusing being on the witness stand.

Love him from the True Crime programs I've seen him interviewed on.

 

[waldojabba]

Hey, can he use the grab me money that was donated for his bail bond? What about the missing $70K? Maybe he magically found it again.

Asking for a frenemy.

JMO

About that $70k - I think he reported it stolen out of his gun safe ( see attached) - which looked similar to his trailor, that was packed for the move from Indiana to Colorado - neatly organized

 

[steeltowngirl]

Vinnie Politan Court TV Live

 

[Megnut]

Vinnie Politan Court TV Live

"Bruce...Lee... you can't make this up."

Well, you can't, but Barry did.

JMO

 

[Megnut]

Vinnie Politan Court TV Live

Barry is making substantial money on rental properties????? I mean Lee.

I wonder if the industrious Lee Moore is paying taxes on that income....

 

[snooptroop88]

I hate the idea of this cheap, murderous, vicious, screwball out in circulation again in any way, shape or form. I really do hope he's too cheap to spring for bail, or that he can't get enough of what's needed together.

I picture him in prison with a giant-sized poster of a chipmunk on the wall. Tunneling away behind it. And where does the tunnel end? In a mountain lion's lair.

The Shoelaces Morphew Redemption.

 

[Megnut]

Did Lee Moore get a chance to vote last year?

 

[Tragg]

Vinnie Politan Court TV Live

"Substantial income from rental properties" and "sale of stock" - I wonder if he has filed an application for public defender services that reports this income? Maybe he doesn't have to, as @Seattle1 has posted. But can the prosecutor bring this up and question his eligibility for PD services? Can the court, on its own initiative? I hate to see Colorado taxpayers shelling out to pay for the defense of a guy with substantial income and assets.

 

[Tragg]

Barry Lee's been in custody over two months, since June 20.

I'm pretty sure he'll beat his previous record of four months in Chafee County. I've seen no sign that he can make bond, manage his investments, and chase cute girls in Colorado honkytonks. Jail time will be good practice for the rest of his life IMO.

I recommend yoga and meditation.

 

[Niner]

I am going to go ahead & post this even though the hearing was cancelled so I can shorten it in my notes (takes up too many pages).

Thursday, Sept. 11th:
*Oral Arguments Hearing-CANCELLED! (@ 8:30am MT) - CO - U.S. District Court - District of Colorado (Denver) – Barry Lee Morphew (55/now 56) vs. Chaffee County et al. seeking $15M for a wrongful arrest filed on 5/3/23. Civil #: 1:23-cv-01108-DDD-SKC
Assigned to: Magistrate Judge S. Kato Crews / reassigned to visiting Magistrate Judge James P. O'Hara.
New DA Anne Kelly for murder charges
Cause: 42:1983 Civil Rights Act; Date Filed: 05/02/2023; Jury Demand: Plaintiff; Jurisdiction: Federal Question. Plaintiff: Barry Morphew, represented by Jane Holse Fisher-Byrialsen, lead attorney, David Fisher, Hollis Whitson & Iris Eytan.
Judge Daniel D. Domenico presiding.
COMPLAINT against All Plaintiffs filed by Barry Morphew. (Attachments: #1 Exhibit A) (Fisher-Byrialsen, Jane) (Entered: 5/2/23); Advisory notice of noncompliance with Court rules/procedures; Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) & 4.3(a) of the Electronic Case Filing Procedures (Civil cases). Do not refile the document. In the future, the filer must affix an electronic s/signature & s/followed by a typed, not an inked, signature to all future documents. Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued.
Defendants: Chaffee County, CO., Board of County Commissioners of Chaffee County, CO., Chaffee County Sheriff’s Dept., DA Linda Stanley, in her individual & official capacity, Chaffee County Sheriff John Spezze, in his individual & official capacity, Chaffee County Undersheriff Andrew Rohrich, 11th Judicial DA’s Office Investigator Alex Walker, Deputy DA Jeffrey Lindsey, Deputy DA Mark Hurlbert, Chaffee County Sheriff’s Detective Robin Burgess’ case dismissed on 10/25/23, Chaffee County Sheriff’s Deputy Randy Carricato’s case was dismissed on 10/25/23, Chaffee County Sheriff’s Deputy Scott Himschoot, Chaffee County Sheriff’s Sergeant Claudette Hysjulien’s case was dismissed without prejudice on 4/17/24, Chaffee County Sheriff’s Sergeant William Plackner’s case was dismissed on 10/25/23, Colorado Bureau of Investigation Director John Camper, Colorado Bureau of Investigation Agents Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis, Colorado Bureau of Investigations Deputy Director of Investigations Chris Schaefer, FBI Agent Jonathan Grusing & Agent Kenneth Harris‘ cases were dismissed with prejudice on 3/27/24, John/Jane Does 1-10 & other unknown employees of the 11th Judicial District Attorney & other unknown officers of the Chaffee County Sheriff's Dept.
Re BOLD –Cases still active; motions to dismiss filed (3/29/24) by Morphew. Some have been dismissed with or without prejudice.
For Claims 1 thru 13 break-down & court info from 5/2/23 thru 5/3/24 reference post #918 here:
[URL unfurl="false']https://www.websleuths.com/forums/t...se-dismissed-w-o-prejudice-106.675247/page-46[/URL]
7/19/24 Docket update: [155] Order setting hearing on Docs 87 [Linda Stanley], 94 [Alex Walker & Jeffrey Lindsay], 95 [Mark Hulbert], 97 [CBI], 98 [Cahill], 104 [Board of Commissioners, Chafee County Sheriff’s, etal], 108 [Scott Himschoot] & 109 [Claudette Hysjulien-was already dismissed on 4/17/24]. A 2-hour motion hearing on pending motions to dismiss is set on 8/21/24 @ 9:30am before Judge Daniel D. Domenico. So Ordered by Judge Domenico.
8/21/24 Update: Lawyers for 19 law enforcement officers who worked on the arrest & failed prosecution of Morphew on Wednesday made their various cases for dismissal of a lawsuit Morphew filed against them in federal court. But it wasn’t the attorneys’ arguments that caught people’s attention during the nearly three-hour motions hearing. Instead, it was comments made by the presiding judge. In questioning Morphew’s attorneys, Judge Domenico stated several times that Morphew is "still being investigated” for the alleged murder of his wife, Suzanne, who disappeared Mother’s Day weekend 2020. It was a statement which appeared to catch Morphew's attorneys off guard, considering the case was dismissed without prejudice on the eve of trial in April 2022. The complaint also states that detectives omitted facts in the arrest affidavit which pointed away from his innocence in order to establish probable cause to arrest him. Specifically, Morphew’s attorneys noted that detectives knew of a DNA match found in Mrs. Morphew’s SUV as early as December 2020, five months before he was arrested & did not include it in the arrest affidavit. Judge Domenico argued that omission of the DNA result “doesn’t make it unconstitutional. Lots of things get left out.” At the motions hearing Wednesday, defense attorneys asked U.S. District Judge Daniel Domenico to apply absolute & qualified immunity & toss the case. Plaintiff lawyer wants Judge to clarify Morphew is not under investigation & this is a cold case. Prosecutors from the 11th Judicial District Attorney’s Office in Colorado asked Federal Judge Domenico to apply absolute immunity & dismiss a $15 million lawsuit filed by Morphew who was arrested on suspicion of murdering his wife in 2021. Judge Domenico did not rule immediately on law enforcement’s motion to dismiss Morphew’s lawsuit. He said that it will be several weeks before he decides, but promised a written order. See articles in posts 941, 942 & 946, page 48, thread #114 for more info.
8/21/24 Docket updates: [156] Filed & entered: Order on Motion to Dismiss for Failure to State a Claim. Docket Text: ORDER DENYING as moot [109] Motion to Dismiss for Failure to State a Claim by Defendant Claudette Hysjulien in light of 148 Order Granting Stipulated Motion to Dismiss Defendant Hysjulien. By Judge Daniel D. Domenico on 8/21/24. Text Only Entry. [157] Filed & entered: Order on Motion to Dismiss.
Docket Text: MINUTE ENTRY for proceedings held before Judge Daniel D. Domenico: Motion Hearing held on 8/21/24. Taking under advisement [87] Motion to Dismiss. Taking under advisement [94] Motion to Dismiss. Taking under advisement [95] Motion to Dismiss. Taking under advisement [97] Motion to Dismiss. Taking under advisement [98] Motion to Dismiss for Failure to State a Claim. Taking under advisement [104] Motion to Dismiss. Taking under advisement [108] Motion to Dismiss for Failure to State a Claim. Court indicates that a written order shall follow. Court Reporter: Tammy Hoffschildt. 8/28/24 Docket update: [158] Filed & entered: Supplement/Amendment. Docket Text: SUPPLEMENT/AMENDMENT to [130] Response to Motion, [129] Response to Motion, [132] Response to Motion, [134] Response to Motion, [137] Response to Motion, [136] Response to Motion, [135] Response to Motion Notice of Supplemental Authority Re Response to Motions to Dismiss by Plaintiff Barry Morphew. (Fisher-Byrialsen, Jane).
9/12/24 Docket update: For Chaffee County re vs Linda Stanley. [159] Supplement/Amendment to [129] Response to Motion, [134] Response to Motion, [137] Response to Motion, [135] Response to Motion, [130] Response to Motion, [132] Response to Motion, [136] Response to Motion to Dismiss by Plaintiff Barry Morphew. (Attachments: # (1) Exhibit People v Stanley Opinion)(Fisher-Byrialsen, Jane). For more info see post #983 here:
https://www.websleuths.com/forums/t...ia-maps-timeline-no-discussion.521590/page-50
9/24/24 Docket update: it is Ordered that: the motions to dismiss, Docs. 87, 94, 95, 97, 98, 104, 108, are GRANTED, and all claims are dismissed without prejudice. Date: September 24, 2024. BY THE COURT: Daniel D. Domenico, United States District Judge. More info see link: https://www.courthousenews.com/wp-c...e-county-order-district-court-of-colorado.pdf
9/24/24 Update: Final update on Civil. 9/16/24 Docket update: Supplement/Amendment to 130 Response to Motion, 129 Response to Motion, 132 Response to Motion, 134 Response to Motion, 137 Response to Motion, 136 Response to Motion, 135 Response to Motion Second Supplement to Responses to Motions to Dismiss by Plaintiff Barry Morphew. 9/24/24 Docket update: [161] Order granting 87 Motion to Dismiss. Granting 94 Motion to Dismiss. Granting 95 Motion to Dismiss. Granting 97 Motion to Dismiss. Granting 98 Motion to Dismiss for Failure to State a Claim. Granting 104 Motion to Dismiss. Granting 108 Motion to Dismiss for Failure to State a Claim. All claims are DISMISSED WITHOUT PREJUDICE. SO ORDERED by Judge Daniel D. Domenico on 9/24/24. https://www.courthousenews.com/wp-c...e-county-order-district-court-of-colorado.pdf
9/24/24 Docket update: FINAL JUDGMENT by Clerk on 9/24/24 in favor of Board of County Commissioners of Chaffee County, Chafee County Sheriff's Department, Chaffee County, Alex Walker, Andrew Rohrich, Caitlin Rogers, Chris Schaefer, Derek Graham, Jeffrey Lindsey, John Camper, John Spezze, John (I) Spezze, Joseph Cahill, Kevin Koback, Kirby Lewis, Linda Stanley, Linda (I) Stanley, Mark Hurlbert, Megan Duge, Scott Himschoot against Barry Morphew re: 161 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, entered by Judge Daniel D. Domenico on 9/24/24.
see more info posts 991 & 992 here: https://www.websleuths.com/forums/t...ia-maps-timeline-no-discussion.521590/page-50
10/25/24 Update: Eytan Law has appealed the civil case, Morphew v Chafee County [case# 1:23-CV-01108-DDD-JPO]. See post #997 here: https://www.websleuths.com/forums/t...ia-maps-timeline-no-discussion.521590/page-50
Nov 2024 Update: Plaintiff Motioned to Stay the Appeal while they attempted to re-open the dismissed case in District Court to file an amended complaint.
Dec 2024, Jan 2025 Update: Both the District Court & the 10th Circuit Court denied Plaintiff's requests--go pound salt!
Feb 2025 Update: Plaintiff requested an extension of time to file Appellant's Brief; request granted. Appellant's Brief was eventually filed, answered & replied, and Team BM requests an oral argument. The case was pending at the time of BM's arrest.
7/8/25 Update: Oral argument notice filed. This matter is set for IN PERSON oral argument on 9/11/25 at 8:30am in Courtroom II of the Byron White United States Courthouse, Denver, CO.
7/22/25 Update: Unopposed Motion to Vacate & Waive Oral Argument filed by Morphew thru counsel [Jane Fisher-Byrialsen & Hollis Whitson], withdraw his request for oral argument & decide the case on the submitted briefs. In response to the parties unopposed motion to vacate the oral argument (DOC 90), the Court Ordered (DOC 91) the parties to simultaneously file supplemental briefs by 8/4/25 to answer whether the recent criminal charges against BM required the appeal abated until the criminal case resolved, or if the Court decides to proceed with argument in this appeal, what special measures, relating to the conduct of oral argument, if any, should the should the court adopt.
7/22/25 Docket update: [90] [11199246] Motion filed by Appellant Morphew to vacate oral argument. This pleading complies with 10th Cir. R. 34.1(A)(3): Yes. Served on: 7/22/25. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.
7/28/25 Docket update: [91] [11200772] Order filed by Clerk at the direction of the Court for supplemental briefing as set forth in the attached order. Simultaneous supplemental briefs due 8/4/25 for Board of County Commissioners of Chaffee County, Colorado, Robin Burgess, Joseph Cahill, John Camper, Randy Carricato, Chafee County, Colorado, Chaffee County Sheriff's Department, John/Jane Does, Megan Duge, Derek Graham, Scott Himschoot, MarkI Hurlbert, Kevin Koback, Kirby Lewis, Jeffrey Lindsey, Barry Morphew, William Plackner, Caitlin Rogers, Andrew Rohrich, Chris Schaefer, John Spezze, Linda Stanley and Alex Walker. See order for details. Served on 7/28/25.
8/4/25 Docket update: [92] [11204000] Order filed by Clerk of the Court. Upon careful consideration of the briefs & the record filed in this appeal, including the parties’ supplemental briefing filed in response to this court’s July 28, 2025 order, the three judges to whom this case is assigned are unanimously of the opinion that oral argument is not needed. Therefore, the court orders this matter submitted for disposition on the briefs pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). All counsel scheduled to appear are excused from attendance at oral argument on September 11, 2025 in Denver, Colorado. Served on 8/8/25. [93] [11202585] Appellant's supplemental brief filed by Morphew. Served on 8/4/25. Manner of service: email. Word page count 8. The pleading complies with all required privacy & virus certifications. Yes.
8/8/25 Docket update: [94] Order. Upon careful consideration of the briefs & the record filed i this appeal, the 3 judges to whom this is assigned are unanimously of the opinion that oral argument is not needed by Clerk Christopher M. Wolpert per U.S. Court of Appeals for the 10th Circuit.

 

[Megnut]

Has anyone checked lately?

Is he still behind bars?

Asking on behalf of all chipmunks, deer, elk...

 

[Love Never Fails]

I am grateful he hasn’t bonded out yet. My mind is drained from the murder yesterday. Knowing Barry is still behind bars lets me be a bit happy. We KNOW who killed Suzanne. She deserves justice. We are all for Suzanne, even if some family members have bailed for judgmental reasons.

Must be a continuous nightmare to be related to a murderer.

 

[fcavanaugh]

Has anyone checked lately?

Is he still behind bars?

Asking on behalf of all chipmunks, deer, elk...

According to Colorado VINELink, he’s still behind bars, BBM (red):

BARRY LEE MORPHEW​

Custody Record

Age57
GenderMale
RaceWhite
CO: Alamosa County Sheriff's Office
ID Number387***
Custody StatusIn Custody
Custody DetailAlamosa County Jail

VINELink

www.vinelink.com

Colorado VINE- Get Connected. Stay Protected

Get Connected. Stay Protected

colorado-vine.com

IMHOO

#JUSTICEFORSUZANNE

 

[Warwick7]

According to Colorado VINELink, he’s still behind bars, BBM (red):

BARRY LEE MORPHEW​

Custody Record

Age57
GenderMale
RaceWhite
CO: Alamosa County Sheriff's Office
ID Number387***
Custody StatusIn Custody
Custody DetailAlamosa County Jail

VINELink

www.vinelink.com

Colorado VINE- Get Connected. Stay Protected

Get Connected. Stay Protected

colorado-vine.com

IMHOO

#JUSTICEFORSUZANNE

Best news I've heard all day!

 

[Megnut]

I wish we could listen in...

I imagine something like this --

Outgoing business call: "This is a call from the Alamosa County Jail from Inmate... Barry Morphew... uh, listen, this is.. well... there's a name you know me by -- Lee Moore, but listen, that's my middle name Lee Moore, pronouced Lemur, really a nickname, but maybe you've heard of me, pretty accomplished baseball player in my day, Barry Morphew, well, listen, I know all my documents have Lemur on them, yeah, you can just overlook that, but listen, I know how you like paying in cash, and I'm going to be tied up for a while, big job up near Denver, oh, it's a whole perimeter wall, if you could just drop that money off at the corner Starbucks, I have some people who'll swing by and grab it. It's fine. You can trust me. My name is  names are my word. You have -- one minute -- remaining...

How deceived would YOU feel, to learn that the person you've been doing business with and/or renting from was using an alias and is, in actuality, the prime suspect in the disappearance of his wife? Not cool.

I want to know how he goes about unraveling that alias.

Fraudulent contracts? Deceptive practices? May they come back to haunt him.

JMO