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

Status
Not open for further replies.
  • #81
Would public defenders be assigned to various LE who were named in Barry's civil suit? Could that be the conflict?
^^rsbm

PD's are only appointed for criminal cases-- so it would not apply to BM's civil suit.
 
  • #82
Remember the “it’s too soon” excuse? He only made this video because Trevor pressured him.

It honestly was presented as something which he had been practicing with in front of a mirror. Hold my face steady and remember my lines.
 
  • #83
Bruce. Lee.

I mean, you can't make this stuff up. Barry did, but that's because he's... Bruce Lee, apparently.
:rolleyes:
 
  • #84
  • #85
I haven't followed this case closely, but the end of the 48 hours episode said that animal tranquilizer was detected in her bones, and Barry is the only person in the area with access to that.
 
  • #86
^^rsbm

PD's are only appointed for criminal cases-- so it would not apply to BM's civil suit.
Of course. Didn't think of that. Is this a case then of lawyers married/related to lawyers? Did IE find a way to lock out the regulars (due to conflicts of interest) in order to shoehorn in her own?

Though it'll make sense if the judge allows them to represent him, given a modicum of familiarity with the case.

I just don't want him to reap favors he shouldn't be entitled to.

I hope they run with the narrative that she drank her coffee on Sunday and was abducted from her bike... it'll help the jury move through reasonable doubt at lightning speed.

JMO
 
  • #87
@Seattle1 - I thought the civil lawsuit was dismissed - no? TIA! :)
Morphew's civil suit against Chaffee County and 11th JD defendants was dismissed last fall by the trial judge, on the grounds that - based on the facts alleged in the complaint - there was probable cause for his arrest and therefore the defendants were immune from his claims under Supreme Court precedent.

Morphew has appealed the dismissal order to the 10th Circuit Court of Appeals. As of mid-June, the case has been fully briefed by both sides, and oral argument has been requested. No hearing date has been set as of today.

Morphew's appeal has no chance under existing precedent IMO, but his lawyers have some reason for hope. In two unrelated cases this term, the SCOTUS has unanimously overturned its immunity doctrine to allow suits in truly egregious circumstances where immunity produced a manifestly unjust result. The cases aren't similar to Morphew's, but they do suggest a willingness to modify what has seemed to be a rock solid doctrine.
 
Last edited:
  • #88
@Seattle1 - I thought the civil lawsuit was dismissed - no? TIA! :)

You recall correctly @Niner -- civil suit dismissed w/o prejudice in favor of the defense, final judgment entered Sept 2024. (Appeal is pending).

Oct 2024 - Plaintiff filed notice of Appeal in the 10th Circuit Court of Appeals

Nov 2024 - 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 - both the District Court and the 10th Circuit Court denied Plaintiff's requests--go pound salt!

Feb 2025 - Plaintiff requested an extension of time to file Appellant's Brief; request granted.

Appellant's Brief was eventually filed, answered, and replied, and Team BM requests an oral argument. The case was pending at the time of BM's arrest.

But let's be reminded the Appellate Court does not entertain do-overs, which is what Team BM attempted to do after Final Judgment was entered and the case dismissed!

Plaintiff's case was dismissed on solid, legal foundation:

All of Mr. Morphew’s asserted causes of action suffer from one or more legal deficiencies. Chief among those deficiencies is that, despite the failings of the investigation and prosecution, there was still probable cause to arrest and charge him with murder. For this and the other reasons set forth below, Plaintiff’s claims must be dismissed. (Ref. Order Granting Motion to Dismiss - Judge DD Domenico, 9/24/24).
 
  • #89
Morphew's civil suit against Chaffee County and 11th JD defendants was dismissed last fall by the trial judge, on the grounds that - based on the facts alleged in the complaint - there was probable cause for his arrest and therefore the defendants were immune from his claims under Supreme Court precedent.

Morphew has appealed the dismissal order to the 10th Circuit Court of Appeals. As of mid-June, the case has been fully briefed by both sides, and oral argument has been requested. No hearing date has been set as of today.

Morphew's appeal has no chance under existing precedent IMO, but his lawyers have some reason for hope. In two unrelated cases this term, the SCOTUS has unanimously overturned its immunity doctrine to allow suits in truly egregious circumstances where immunity produced a manifestly unjust result. The cases aren't similar to Morphew's, but they do suggest a willingness to modify what has seemed to be a rock solid doctrine.

You recall correctly @Niner -- civil suit dismissed w/o prejudice in favor of the defense, final judgment entered Sept 2024. (Appeal is pending).

Oct 2024 - Plaintiff filed notice of Appeal in the 10th Circuit Court of Appeals

Nov 2024 - 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 - both the District Court and the 10th Circuit Court denied Plaintiff's requests--go pound salt!

Feb 2025 - Plaintiff requested an extension of time to file Appellant's Brief; request granted.

Appellant's Brief was eventually filed, answered, and replied, and Team BM requests an oral argument. The case was pending at the time of BM's arrest.

But let's be reminded the Appellate Court does not entertain do-overs, which is what Team BM attempted to do after Final Judgment was entered and the case dismissed!

Plaintiff's case was dismissed on solid, legal foundation:

All of Mr. Morphew’s asserted causes of action suffer from one or more legal deficiencies. Chief among those deficiencies is that, despite the failings of the investigation and prosecution, there was still probable cause to arrest and charge him with murder. For this and the other reasons set forth below, Plaintiff’s claims must be dismissed. (Ref. Order Granting Motion to Dismiss - Judge DD Domenico, 9/24/24).

Thank you both! I thought I remember correctly! LOL! But did not know about the appeal of the appeal! So will update my notes. Thanks!
 
  • #90
Looks like Barry started drinking alcohol. I remember that in the early days of the investigation, he complained that Suzanne drank.
From the start, Barry said he didn’t drink but LE found 3 beer bottles in his trash with his fingrprints.
 
  • #91
From the start, Barry said he didn’t drink but LE found 3 beer bottles in his trash with his fingrprints.
I remember one of his workers stating that they used to hang and drink beers. They looked up to him at that time, thought he was a working man who made good. Beautiful family, a regular guy. Then they found out he would throw anybody under the bus, and they were nothing but a bunch of meth heads in his eyes.
 
  • #92
  • #93
Someone= TN, his nephew that was peripherally involved and mysteriously dropped off the radar.
He filmed this cacophony of lies and feigned concern.

Or worse ... knowing full well that she was dead, he was not going to cough up a cent leading to the discovery of her remains, or worse her killer. JMO.
 
  • #94
BM’s video plea when SM went missing didn’t raise any red flags for me just because he offered a reward only for her safe return. It discourages scammers, false tips, and people looking to take advantage of the situation. It also avoids giving anyone incentive to harm the victim just to collect money. BM was probably coached to word it that way by someone trying to help, someone who didn’t realize he had likely already killed her. imo
Or worse ... knowing full well that she was dead, he was not going to cough up a cent leading to the discovery of her remains, or worse her killer. JMO.
 
  • #95
  • #96
Reminiscent of and as believable as

"I've been in Denver... I've got a big job up there.. I've been there all day..."

Barry's performance begins at 8:30. 9:55 for his big job --


He really was selling that big cat theory. I did not sens any worry on his behalf.
 
  • #97
I can't even explain how happy that this scum has been arrested again for his wife's murder. I hope he is charged with a death penalty.

BM was smiling away, he looked very happy too.
 
  • #98
Barry's big veneer smile in court is just so out of place. Dude is going on trial (again) for murdering his wife, and he looks positively delighted.

I don't think there is a snowball's chance that Barry would plead guilty, but I have wondered about the possibility of an Alford Plea.

There is just no getting around the BAM found in Suzanne's remains. Added with all of other evidence, how can you defend it?
 
  • #99
When Barry came into the courtroom he saw Mallory. She sat in the first row behind him.
That's what the smile was about.
 

Attachments

  • 1.BM.MM.webp
    1.BM.MM.webp
    21.2 KB · Views: 95
  • #100
Status
Not open for further replies.

Members online

Online statistics

Members online
124
Guests online
2,494
Total visitors
2,618

Forum statistics

Threads
632,210
Messages
18,623,547
Members
243,057
Latest member
persimmonpi3
Back
Top