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

[windrower]

windrower said:

So what is attorney Jane Fisher-Byrialsen’s stake with BM?

Upset that the $15 million suit is going away?

Besides knowing Iris, and being co-attorneys (or whatever they were) on the suit, are they friends?

Is Jane the reason there is a conflict with the public defender’s office?

Or is attorney David Beller the reason?

And how convenient, if either of them, because since there is a conflict, they’ve asked to be appointed BM’s “public defender” attorneys, at the state’s expense, since the public defender’s office cannot provide attorneys for this case.

Shades of Judge Murphy having to recuse himself from BM’s case the first time around because of witness SD (with help from Iris?) creating a conflict between Murphy and the lawyer she chose to represent her on the trespassing charge.

Is Iris still being a puppet master for BM?

Just all feels a bit too, um, choreographed, shall I say?

---------

Seattle1 said:

IMO, your instincts here are spot on @windrower !

Impossible for Iris not to have her thumbprint on the scale!

Don't have to go further than IE's former defense practice website-- that converts to PEP-- where she announces how BM's case caused her to cease her criminal law practice for her non-profit endeavor. Click on the "Board Members" tab and surprise (no surprise), you'll find Jane-- cited as the co-founder of PEP, along with board member Iris.

...

Moving on to defense attorney Davide Beller, he and his firm conveniently have a connection to the Office of Alternative Defense Counsel (OADC) -- the organization the state public defender's office turns to when their office has an ethical conflict of interest and can't represent the defendant.

From David Beller's Bio:

David served as President of the Colorado Criminal Defense Bar, proudly serving 1000 criminal defense lawyers, paralegals and investigators. He is a frequent guest lecturer at the University of Denver College of Law and at Metropolitan State University. He is a faculty member of Colorado Alternate Defense Counsel and National Criminal Defense College, teaching trial skills to Colorado criminal defense lawyers.

-------
@windrower and @Seattle1 -

The idiom to have "a thumb on the scale" alludes to a a cheating tactic that unfairly benefits one party involved in an interaction.

Where is the cheating here? How are the circumstances you describe untoward in any way? What is the unfair benefit to Morphew?

Do you doubt that the Public Defender has a conflict of interest? If so, what facts can you offer?

Why would Joan Fisher-Byrialsen not seek appointment to serve as Morphew's counsel? Iris Eytan and Joan Fisher-Byrialsen have represented Morphew when he faced these charges in the 11th JD, and in the civil lawsuit that's still pending. Both are leaders in the defense bar, which is a fairly small community. Since Eytan has stepped away from active defense practice, there is no one better prepared to defend Morphew than Fisher-Byrialsen.

David Beller is also a leader in the criminal defense bar. Of course they all know each other. Of course Fisher-Byrialsen - faced with two top prosecutors - is going to bring in serious help.

One thing is for sure: Morphew will be well represented. How is that giving him an unfair advantage?

@Tragg (just in case quoting didn’t work properly)

BBM

Jane was not part of BM’s first defense team.

She first came on the scene with the $15 million dollar civil suit. Which now makes sense to me given her connections to Iris.

Her statements regarding BM’s “innocence,” however, make no sense to me. Seems anyone with half a brain can figure out who made SUZANNE dead.

Yes, he needs a defense team. But to have another defense team which blatantly lies is something else again. Shades of Iris.

IMO

 

[girlhasnoname]

I am mad with JL. If some one I love was murdered, and I had a strong suspicion who did it, and with potentially some corroborating evidence - I would be contacting LE immediately. Either directly if I could be guaranteed anonymity , or through an intermediary . JL is a horrible person IMO.

Yes, I'm not judging the morality of what SM and JL, it happens all the time. I am definitely giving the big hairy eyeball to that weak excuse of a man who didn't come forward right away after he couldn't reach Suzanne knowing the trouble brewing especially that weekend.

Shows his true character to me, or lack thereof.

JMO

 

[Megnut]

Wide veneery grin.

It's almost like Suzanne's murder is a mere inconvenience to Barry.

Who smiles like that, under these circumstances?

How does all that ego fit in one head?

Bruce Almighty.

JMO

 

[Tragg]

@Tragg (just in case quoting didn’t work properly)

BBM

Jane was not part of BM’s first defense team.

She first came on the scene with the $15 million dollar civil suit. Which now makes sense to me given her connections to Iris.

Her statements regarding BM’s “innocence,” however, make no sense to me. Seems anyone with half a brain can figure out who made SUZANNE dead.

Yes, he needs a defense team. But to have another defense team which blatantly lies is something else again. Shades of Iris.

IMO

Respectfully, Jane Fisher-Byrialsen prepared and filed a very detailed Notice of Claim dated October 18, 2021, which is a statutory prerequisite to filing suit against public entities and employees in Colorado. She did not enter an appearance as co-counsel in BM's criminal trial, but she was clearly engaged for civil representation soon after the issues began to appear. Given her experience as criminal defense counsel, it seems reasonable to infer that she consulted with Eytan & Nielsen about their case from an early date. For reference, Judge Murphy issued his findings on probable cause and PEPG on September 17, 2021.

She is by far the best prepared and best qualified defense attorney available to represent Morphew in his current case. There is no reason I can see that the judge will not appoint her, if she hasn't already.

I agree that has been all over the place with her public statements, which have a desperate, speculative quality to them. She has offered no evidentiary basis for any of them, but she'd better in future now that she is attorney of record in a criminal case.

 

[Momofthreeboys]

@Tragg (just in case quoting didn’t work properly)

BBM

Jane was not part of BM’s first defense team.

She first came on the scene with the $15 million dollar civil suit. Which now makes sense to me given her connections to Iris.

Her statements regarding BM’s “innocence,” however, make no sense to me. Seems anyone with half a brain can figure out who made SUZANNE dead.

Yes, he needs a defense team. But to have another defense team which blatantly lies is something else again. Shades of Iris.

IMO

Do you remember the names of the appeals attorney's that were in court during motions etc. the first go round? Because I do recall appeals attorney's with them either from early days when Dru was around and definitely after Dru when Iris was the primary attorney for Barry I just can't recall who they were and if there was one or two.

 

[TIGER0822]

All things with BM seem to be about the Optics. Perfect wife, marriage, daughters, home, perfect life.

He's the biggest fake defendant I've seen in a long time, including his large chompers, his tan, his blonde highlights and his botox. Gross

JMO

I watched the video of the Police Officers inside the house with BM, the night SM disappeared. The house was very nice, and well kept, but it gave off dead energy vibe.

 

[DizzyB]

I watched the video of the Police Officers inside the house with BM, the night SM disappeared. The house was very nice, and well kept, but it gave off dead energy vibe.

Very different than the Indiana house.

 

[Tragg]

Respectfully, Jane Fisher-Byrialsen prepared and filed a very detailed Notice of Claim dated October 18, 2021, which is a statutory prerequisite to filing suit against public entities and employees in Colorado. She did not enter an appearance as co-counsel in BM's criminal trial, but she was clearly engaged for civil representation soon after the issues began to appear. Given her experience as criminal defense counsel, it seems reasonable to infer that she consulted with Eytan & Nielsen about their case from an early date. For reference, Judge Murphy issued his findings on probable cause and PEPG on September 17, 2021.

She is by far the best prepared and best qualified defense attorney available to represent Morphew in his current case. There is no reason I can see that the judge will not appoint her, if she hasn't already.

I agree that has been all over the place with her public statements, which have a desperate, speculative quality to them. She has offered no evidentiary basis for any of them, but she'd better in future now that she is attorney of record in a criminal case.

Updating and amending my post to point out that Jane Fisher-Byrialsen was an attorney of record as a member of Morphew's defense team as the 2022 trial date approached, along with Hollis Whitson.

 

[Momofthreeboys]

Updating and amending my post to point out that Jane Fisher-Byrialsen was an attorney of record as a member of Morphew's defense team as the 2022 trial date approached, along with Hollis Whitson.

thanks! Hollis - that is who I couldn't remember! I did think Jane FB was also in and out, but wasn't certain

 

[astheworldfallsdown]

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?

IMO he will try to blame someone else for administering the BAM to Suzanne. Someone stole it from him, someone came in from another state with it, someone found it in the house or even that Suzanne took it herself. Anyone will be to blame but him. JMO

 

[Momofthreeboys]

IMO he will try to blame someone else for administering the BAM to Suzanne. Someone stole it from him, someone came in from another state with it, someone found it in the house or even that Suzanne took it herself. Anyone will be to blame but him. JMO

I don't see defense actually pursuing an alternative defense strategy but you never know. And no, I do not expect BM to take an Alford plea in a deal. I am expecting them to go in the direction they were headed from motions, etc. in the original case coupled with some things we learned from the civil case.

 

[Megnut]

I don't see defense actually pursuing an alternative defense strategy but you never know. And no, I do not expect BM to take an Alford plea in a deal. I am expecting them to go in the direction they were headed from motions, etc. in the original case coupled with some things we learned from the civil case.

What direction?

Without a SODDI, what does that leave?

Self-defense? -- ludicrous

Alibi? -- his alibi for Sunday isn't credible -- big job of in Denver, my guys (no permit, no equipment and he spent the day in his hotel room, then after getting The Call, he takes the time to haul all the wrong tools into the hotel. As one does.) But the real kicker -- he has no alibi for the time frame when Suzanne goes uncharacteristically radio silent. And worse -- for him -- (and her) -- he admits he was alone with her that whole time.

Accident? -- with a self-loaded syringe/dart? With the relationship and text history? Really unfortunate timing for an accident, what with Suzanne wanting a divorce. Most dangerous time for a woman....

And if they go lowest of the low, that Suzanne somehow did this to herself, well, that's a math problem without numbers. It doesn't compute.

I'm not seeing a workable defense.

Barry did such a bang up job with bad staging, he left no room for other explanations.

JMO

 

[Teche]

IMO he will try to blame someone else for administering the BAM to Suzanne. Someone stole it from him, someone came in from another state with it, someone found it in the house or even that Suzanne took it herself. Anyone will be to blame but him. JMO

Oh, Suzanne, look what you made me do.

 

[MassGuy]

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

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[Curiousobserver]

IMO he will try to blame someone else for administering the BAM to Suzanne. Someone stole it from him, someone came in from another state with it, someone found it in the house or even that Suzanne took it herself. Anyone will be to blame but him. JMO

BAM is the key piece of evidence linking him to this crime, even if all the other evidence is thrown out.

He admitted to owning it, to having it present in the home, to understanding how to administer and reverse it, and in my mind he confessed to discarding it on his way to Bloomfield. Evidence of recent usage of the means-to-administer (a needle sheath) was present in the laundry. There is also evidence of a struggle in the home (broken door frame). What a set of coincidences. He is the most likely person to have administered BAM, beyond any reasonable doubt.

However, I think Barry has a very good chance of beating a conviction based on the Karen Read defense model. In that case there was digital evidence, physical evidence, and DNA evidence of a car accident but the jury was persuaded that no collision occurred because any trust jurors had in the system was destroyed due investigator misconduct.

It has been very easy for Barry and his attorneys to do the same thing here. They have seeded the community with doubt about this investigation, both the conduct of the former prosecutor and the prior dismissal of the case won't help. The area where he will be tried has a natural pre-disposition not to trust the government. Jurors may disregard the evidence entirely.

You are going to see a very similar template in the defense plan here. That the investigation is fatally flawed and every gap in the data is an opening for a conspiracy and rush to judgement.

 

[Megnut]

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

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What???? A few minutes in and she's suggesting that BAM is an anesthetic that Suzanne might have taken in tandem with the chemo.

Next George, claims I won't even type.

Outrageous.

JMO

 

[MassGuy]

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.

 

[Nikynoo]

What???? A few minutes in and she's suggesting that BAM is an anesthetic that Suzanne might have taken in tandem with the chemo.

Next George, claims I won't even type.

Outrageous.

JMO

IMO this was Js thinking after the autopsy was released. She may (or may not) have changed her mind after seeing the GJ indictment. Let’s see whether any of these claims are put forward in motions or part of the trial.

I thought it was interesting info about the cost of an autopsy and that BM had no money and could not obtain work.

It would also be interesting to see what experts they manage to get with no budget (but I guess the state will pick up reasonable costs of experts?). I do agree somewhat with the assertion that those who can afford a good defence stand a better chance of retaining their freedom.

 

[Megnut]

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.

It was definitely Edna. Pronounced Eeeeeedna.*****

And indeed a weird thing to say. How did the discovery/presence of Edna's remains factor in Barry's head?

What's it tell us about his thoughts process?

At a minimum, it's a big clue for why he moved Suzanne's remains. Staging his own SODDI...

JMO

*****ETA I guess definitely it might not have been. As Edna's remains were found after the date of this podcast, as pointed put below by @Seattle1

 

[Seattle1]

It was definitely Edna. Pronounced Eeeeeedna.

And indeed a weird thing to say. How did the discovery/presence of Edna's remains factor in Barry's head?

What's it tell us about his thoughts process?

At a minimum, it's a big clue for why he moved Suzanne's remains. Staging his own SODDI...

JMO

From episode four footnotes:

This interview took place in the summer of 2024.
Full disclosure I This podcast was recorded in Danish and translated to English.

Given Edna Quintana was not found until June 17, 2025, this can't be Edna!

IMO, this reference by BM thinking he'd be free because body found -- as retold by Jane, must be a foreign/Danish word referring to SM being found(??).

Human remains found in southern Colorado confirmed to be woman missing for over two years

The Colorado Bureau of Investigation said human remains found in Saguache County were confirmed to be those of a woman missing for over two years.

www.kktv.com