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

[nodamselindistress]

Ugh @ this judge. Was busy following Adelson trial the past 2 weeks so just catching up now and NOT HAPPY to read about the hearing.

At least he hasn't bonded out yet. Hope it stays that way.

 

[Megnut]

I think so too. If you take a look at the Alamosa jail "complex" it actually looks pretty user friendly.

I think Barry Lee has probably already made some friends with the guards and things are pretty easy for him. He probably even "knows" a few guards/staff thru other aquaintances, say maybe some guys George Davis grew up with, or guys he might recognize from the different local militias and hunting areas.

If he was smart and innocent he'd file for speedy trial get it over with and move on.

jmo

Rbbm

And move on -- directly to prison. Easy transition -- if he moves from jail straight to big boy jail, he won't even have to pack up a trailerload, we've seen how he does that.

This move, he'll be traveling light.

JMO

 

[Megnut]

Ugh @ this judge. Was busy following Adelson trial the past 2 weeks so just catching up now and NOT HAPPY to read about the hearing.

At least he hasn't bonded out yet. Hope it stays that way.

I don't love the ruling, but I do love that he's going to have to make some hard choices. What's his freedom worth to him? --

If this move by the judge prevents a too-easy appeal down the road, I'll have to concede that it was a wise move, but it's hard to take right now, especially when similarly situated defendants have cash only bail at $5M and $10M, I'll like it even less if he posts it and gets his temporary freedom back.

It would be best if no one trusts him enough to put any dollars toward his release.

JMO

 

[Tragg]

I don't love the ruling, but I do love that he's going to have to make some hard choices. What's his freedom worth to him --

Of this move by the judge prevents a too-easy appeal down the road, I'll have to concede that it was a wise move, but it's hard to take right now, especially when similarly situation defendants have cash only bail at $5M and $10M, I'll like it even less if he posts it and gets his temporary freedom back.

It would be best if no one trusts him enough to put any dollars toward his release.

JMO

Judge Hopkins has to operate within the constraints of the law, and IMO much of the judge-hating here is misdirected. If we want the law changed there is a process to follow, and hating on judges for doing their job is not right.

I believe her decision is brilliant. Here is the essence of the rationale as reported in my favorite mountain publication:

“The purpose of bail at this stage is to ensure his attendance at the trial, and not to punish him,” began the judge. “Will he come to court as directed, and comply … several factors weigh in his favor. He has the support of his family, and friends (unidentified) his family lives outside this state. That being said, I do know that the two most significant victims of this matter are strongly supportive of his innocence and of his release on bond. Your opinion matters,” she said, directing that comment to the two Morphew daughters .”Mr. Morphew has no real criminal history, except for one that does not exist because it was dismissed.”

On the other hand, she continued, “This has several factors. He has moved a lot (He has mobility). There is nothing requiring him to stay in a single place, he can pick up and go whenever he wants to. He has been largely self-employed. Jail is not an impediment to his ability to earn a living.”

“However — he is now in a different posture than he was before. Her body has been found. Mr. Morphew does not have a single tie to this community; no family, no friends or business associates here. It has been argued that he has the means, and is quite skilled at remaining under the radar. There is evidence that he is using a different name … but he was located quickly by law enforcement. Finally, I am considering the fact that … unlike many people in this situation, he does not have to remain in one place. He deserves to be treated similarly to those in similar circumstances.”

The judge laid out two examples of bonds set for $5 million and $10 million, saying “both attempted to abscond, but both had serious criminal histories. “Therefore, weighing these factors, I decline to reduce his bail, but will modify his bond to a cash surety bond.”

She reiterated that Morphew, if he can make bail, may not leave the state for any reason, must wear a GPS tracker, surrender his passport, use only the name Barry Morphew, and must comply with a mandatory protection order. “No telling witnesses not to testify, and no harassing. Normally I’d say no contact with any victims of the case — but since it’s your daughters, I won’t do that….”

Ark Valley Voice, Jan Wondra, MORPHEW PRE-TRIAL BOND SET AT $3 MILLION

 

[Diddian]

I don't love the ruling, but I do love that he's going to have to make some hard choices. What's his freedom worth to him --

Of this move by the judge prevents a too-easy appeal down the road, I'll have to concede that it was a wise move, but it's hard to take right now, especially when similarly situation defendants have cash only bail at $5M and $10M, I'll like it even less if he posts it and gets his temporary freedom back.

It would be best if no one trusts him enough to put any dollars toward his release.

JMO

I have no idea how BM aka LM transferred his various assets to other family members, but I would absolutely LOVE it if he did it - without legal counsel - in such a way that all of it is outside of his reach to use as collateral to secure bond.

Imagine: BM aka LM's "shoddy and uninformed construction" coming back to bite him and serve justice instead.

 

[Smelly Squirrel]

What's worth $300,000 of non-refundable dollars for this guy to sit somewhere with a GPS monitor versus where he is now? Is it the lack of dumpster dating? What could it be? Because we know he's cheap, he's told us the many ways he's tried to economize. What real reason could there be for him to part forever with $300,000? That's a lot of breakfast sausages and shoelaces.

That just doesn't make sense for him to part with such a sum in light of the extreme measures he has noted to preserve funds.

I'm not directing these musings particularly at bail bondsmen, mind you (particularly bail bondsmen in Colorado). But I mean, if I were a bail bondsman (in Colorado), I'd kinda wonder why this cheapskate wants to shell out $300,000 of non-refundable dollars so he can sit somewhere wearing a GPS monitor rather than sit and wait it out free of financial charges until he's... acquitted (???), as he thinks he will be. I mean, hovering around hotels to score free breakfast? Pretty extreme, right? Shoelaces, seriously? But now the Ultimate Tightwad wants to give some bail bondsman in CO $300,000, when he thinks he's going to be acquitted anyway? I mean... I don't know what to make of that. Again, these musings are NOT directed at bail bondsmen in Colorado.

If he pays it, it could also be that he knows he'll be convicted and this is his last chance to be somewhat free, and the $300K will do him no good after he's convicted anyway, he won't care if it takes money from his family.

 

[girlhasnoname]

I think I confused myself. I need someone to explain it to me again. Like I'm five years old. And fifty times. With flow charts.

I think he needs to produce $300K in cash, and show he has collateral for the rest. The $300K he never gets back, the cost of doing business with the court (an amount he probably thinks he can replace, by doing dodgy work and shady business somewhere).

But I'm going to admit, I'm completely blank on the role of the bondsman. If Barry (if he bond out) behaves, he's out $300K, the bondsman walks away with it. If Barry violates his conditions of release and his bond is essentially revoked, the bondsman walks away with all of Barry's collateral?

Don't listen to me. I'm allergic to math and whatever this is.

JMO

It gets confusing, yes, I am also 5 when it comes to the 'maths' at times .

For a surety bond, BM would have to pay the Bail Bondsman 10% or $300K, of the original $3M bond, plus a fee of their own usually 5-10% so another $15 or $30K. With that he could walk out of jail, but would not be eligible to get that money back. Basically $300K + their fee for the luxury of being able to be out of jail until trial following the conditions set by the Court. Right.

He would have to show proof and grant collateral to the bondsman equaling the remaining $2.7M, land, homes, cash, whatever it may be, just in case he does a runner. They (whomever they may be) would be entitled to get their collateral back if BM does show up to Court. That's still a big risk for any bondsman and family/friends to take IMO. IF BM does bail out, I think it's a good possibility he would do a runner.

What does he have to lose? He knows he's caught, he knows the evidence this time is overwhelming having Suzanne's remains and the BAM in her system. He will not be willing to spend the rest of his golden years locked up. He's his own man and is going to do things his own way, regardless of the rules. Always has and always will.

JMO - 2 cents

 

[Warwick7]

It's going to be interesting, seeing how the bond plays out.

Three hundred grand is a lot of money to come up with, especially knowing you will never see it again. Even for family.

I would not be at all surprised to find out that BM has stashed away some cash for something like this. I've always thought the money was funny, since the beginning of the case.

moo

Do we know yet if he is out?

 

[girlhasnoname]

Another day in paradise jail for Barry Morphew! He's not gonna make $3M bond, has no grounds to appeal Judge Hopkins' decision IMO.

I'd like to think not, but BM has a way of manipulating people, he just might be able to pull it off.

 

[Ontario Mom]

Do we know yet if he is out?

You can check here VINELink or sign up to receive alerts when/if his status changes.

 

[Momofthreeboys]

BM has to come up with $3 million bail for the court. He has the option to either pay the $3 million by cash or by a property security worth $3 million. OR he can go through a bail bonds service who would put up the $3 million for a non-refundable fee, typically around 10% (this is the surety option). The bail service would get their $3 million back as long as he doesn't skip. They have bounty hunters if he does.

If he put up cash or property himself, he would get it back if he meets the bail bond requirements.

iiuc

That's how I understood it also. Hopefully later tonight I can go listen again to exactly how the judge worded it. I understood that he has to come up with the 3 Mil in cash and attachable properties and someone to broker that which would be returned if he doesn't break bond or he goes and gives up $300,000 that is not refundable for traditional bail. It will be interesting....he's known to be frugal so he just might choose to sit it out in the pokey or go all in if he can scape it together and no one knows what he's got stashed in properties etc. Somehow in my mind I just don't see him giving up $300,000 again permanently.

 

[Momofthreeboys]

I have no idea how BM aka LM transferred his various assets to other family members, but I would absolutely LOVE it if he did it - without legal counsel - in such a way that all of it is outside of his reach to use as collateral to secure bond.

Imagine: BM aka LM's "shoddy and uninformed construction" coming back to bite him and serve justice instead.

super easy to do with real estate and not all that difficult with market accounts, cash accounts, vehicles and other assets etc. He didn't need to do anything shady. Regardless of the potential second arrest which did occur he sheltered himself from any civil cases against himself.

 

[MrsWatson]

In the interest of keeping 300k, Barry may be resigned to doing a lot of push-ups in jail.

 

[fcavanaugh]

I re-listened to the hearing last night and to my ears, the Judge said/ruled either cash surety or property bond required for BM to bond out.

***skip down to Property bond info/requirements of Colorado courts if you’ve had enough of cash surety bond discussion lol)

Cash surety bond:
Per the research/reading I’ve done these past few days r/t different types of bond (there’s plenty of info found online) to my understanding-
IMO if BM goes cash surety route, he has to pay a non refundable fee to the bond company which is percentage of 3mil (usually 10% so 300k) which he and/or whoever pays the fee, will not get back.
In addition to the fee, he may have to put up collateral valued at or which has combined value of 3mil. Collateral can be in his name and/or a co-signer’s which can be family or friend etc. Property, vehicles, valuables are acceptable forms of collateral.
Once the bond company fee is paid and collateral verified, the bond company pays the court the full bail amount, in this case- 3mil.

Some bail bond companies may not require collateral but usually do in high profile cases with high bond amounts and defendant is a flight risk. (BM meets most of this criteria imo).

It’s really up to the bond company on a case by case basis if they decide to require collateral or not. If they don’t and the defendant doesn’t appear for hearing or flees aka bail jumping, bond company is taking a huge risk as they’ll be on the hook/will not get the full bail money they paid on defendant’s behalf back from the court. They can and in most cases likely will enlist bounty hunter(s) to track defendant down if they don’t appear for hearings and/or flee. If found, defendant will be escorted back to jail.

If collateral is required by bond company and put up, it’s returned to the party(s) contingent upon the defendant showing up for hearings and meeting all other requirements and court will return full amount of bail to the bond company.

IMO the above is pretty standard requirements of most bail bond companies. There are some bond companies out there offering exceptions from the standard that might be willing to negotiate and accept less than 10%-15% fees and/or not require collateral.
And in some cases, if the defendant, family or friend doesn’t have cash available to pay the fee, may offer payment plans for the fee with a co-signer that has excellent credit.
All of the above takes time to process. Companies not requiring collateral may take a little less time imo.
————————————————

Below info is what Colorado requires if defendant decides to use Property bond pulled from CO Judicial Branch website.
As you can see, there’s quite a bit involved/required (likely takes a little more time than going the cash surety route) takes time to gather and submit to the court. Also note BBUM, property must be real property and located in Colorado:

Property Bonds

About Property Bonds​

General Information​

• All parties whose names appear on the deed as owners must be present to post a property bond. If a party on the deed is deceased, a death certificate is required. Appearing for someone under a power of attorney must first be approved by the court.
• All parties must provide a valid photo ID.
• Property must be real property (no vehicles or mobile homes) and must be located in the State of Colorado.

Documents Required​

The following is a list of documents and information required to post a property bond:

• Current Tax Notice or Notice of Valuation of the property from the County Assessor showing the assessed value of the property. If the property was purchased in the last 12 months, a Tax Notice may not exist. If this is the case, copies of the recorded Deed and closing papers are required.
• Letter from the mortgage company on company letterhead or a notarized statement from individual to whom the mortgage is owed, including a current pay off amount of the loan dated no more than 35 days before the date the bond posted. If the mortgage has been transferred to another lending institution, written documentation of the transfer is required.
• Evidence of Title issued by a title insurance company within the last 35 days.
• Owners and Encumbrances certificate issued by the title insurance company and dated no more than 35 days prior to the date the bond was posted. The certificate must include all liens or encumbrances against the property, or a statement that there are no liens or encumbrances against the property.
• Deed of Trust naming the Clerk of Court as the beneficiary. The deed must be completed and acknowledged (recognized) by all property owners of record.
• Some locations may ask for a warranty or Quit Claim Deed, either the original or a certified copy, and the most current paid property tax receipt.

Equity Required​

• Unencumbered equity must be 1.5 times the amount of the Bond. This amount is the value of the property minus any amount owed on the property. For example, if the Bond is $20,000, the unencumbered equity in the home must be at least $30,000 ($20,000 multiplied by 1.5).
• Note: $60,000.00 will be deducted from the equity of the property under the Colorado Homestead Exemption. However, the property owner(s) can sign a waiver to avoid this amount being deducted from the equity, if desired.

Associated Fees​

The person posting the property bond must pay the recording fees. See §30-1-103 (1), C.R.S. for fee amount.

Fees:

• The Deed of Trust fee
• Request for Release and Release
• Surcharge per document per §30-10-421 (b), C.R.S.

The entire amount may be paid in cash; however, if paid by check, 2 checks must be written:

• One check payable to the Clerk and County Recorder for the recording fee (based on the number of pages) plus the surcharge.
• One check payable to the Clerk of Combined Court for the Request for Release fee or the Release fee. (This fee may be higher if you are filing with the Public Trustee; check with your local court for more information.)

After the Bond Is Released by the Court​

When the Bond is released by the court, a Release of Deed of Trust will be mailed to the property owner via certified mail. It is the responsibility of the property owner to take it to the Public Trustee for the county in which the property is located and request that the lien be released.

Types of Bonds | Colorado Judicial Branch

www.coloradojudicial.gov

*believe me I’d like to see BM not able to bond out/stay put in county lockup. Time will tell…tick tock…

IMHOO

#JUSTICEFORSUZANNE

ETA-spelling

 

[osu]

dbm

 

[Seattle1]

From News 7 video in MEDIA ONLY, I only heard Cash/Surety but in print I see Cash, Surety & Property Bond. Still not sure but believe this clarification is still applicable.

For clarification, there is a difference between Assets acceptable for collateral for bail bonds issued by a Bondsman and/or underwritten by a Surety, and the requirements set by the Court for a Property Bond.

If a Colorado County/Judicial District will permit a property bond for bail release, this bond can only be obtained from the Court.

To be clear, a property bond has nothing to do with a bondsman/surety, and DOES NOT include "...vehicles, market accounts and other assets." Comments promoting otherwise are misinformed.

Specific to Colorado, a property bond is a bond posted using the equity from real estate located in this state. The unencumbered equity must be 1.5 times the amount of the bond.

Requirements as per the Colorado Court site:

Types of Bonds | Colorado Judicial Branch

www.coloradojudicial.gov

About Property Bonds​

Check with the court to find out if a property bond will be accepted. For more information, please contact the court location where the person is appearing for a court hearing.

General Information​

• All parties whose names appear on the deed as owners must be present to post a property bond. If a party on the deed is deceased, a death certificate is required. Appearing for someone under a power of attorney must first be approved by the court.
• All parties must provide a valid photo ID.
• Property must be real property (no vehicles or mobile homes) and must be located in the State of Colorado.

Documents Required​

The following is a list of documents and information required to post a property bond:

• Current Tax Notice or Notice of Valuation of the property from the County Assessor showing the assessed value of the property. If the property was purchased in the last 12 months, a Tax Notice may not exist. If this is the case, copies of the recorded Deed and closing papers are required.
• Letter from the mortgage company on company letterhead or a notarized statement from individual to whom the mortgage is owed, including a current pay off amount of the loan dated no more than 35 days before the date the bond posted. If the mortgage has been transferred to another lending institution, written documentation of the transfer is required.
• Evidence of Title issued by a title insurance company within the last 35 days.
• Owners and Encumbrances certificate issued by the title insurance company and dated no more than 35 days prior to the date the bond was posted. The certificate must include all liens or encumbrances against the property, or a statement that there are no liens or encumbrances against the property.
• Deed of Trust naming the Clerk of Court as the beneficiary. The deed must be completed and acknowledged (recognized) by all property owners of record.
• Some locations may ask for a warranty or Quit Claim Deed, either the original or a certified copy, and the most current paid property tax receipt.

Equity Required​

• Unencumbered equity must be 1.5 times the amount of the Bond. This amount is the value of the property minus any amount owed on the property. For example, if the Bond is $20,000, the unencumbered equity in the home must be at least $30,000 ($20,000 multiplied by 1.5).
• Note: $60,000.00 will be deducted from the equity of the property under the Colorado Homestead Exemption. However, the property owner(s) can sign a waiver to avoid this amount being deducted from the equity, if desired.

Associated Fees​

The person posting the property bond must pay the recording fees. See §30-1-103 (1), C.R.S. for fee amount.

Fees:

• The Deed of Trust fee
• Request for Release and Release
• Surcharge per document per §30-10-421 (b), C.R.S.

The entire amount may be paid in cash; however, if paid by check, 2 checks must be written:

• One check payable to the Clerk and County Recorder for the recording fee (based on the number of pages) plus the surcharge.
• One check payable to the Clerk of Combined Court for the Request for Release fee or the Release fee. (This fee may be higher if you are filing with the Public Trustee; check with your local court for more information.)

After the Bond Is Released by the Court​

When the Bond is released by the court, a Release of Deed of Trust will be mailed to the property owner via certified mail. It is the responsibility of the property owner to take it to the Public Trustee for the county in which the property is located and request that the lien be released.

 

[FromGermany1]

Judge Hopkins has to operate within the constraints of the law, and IMO much of the judge-hating here is misdirected. If we want the law changed there is a process to follow, and hating on judges for doing their job is not right.

I believe her decision is brilliant. Here is the essence of the rationale as reported in my favorite mountain publication:

“The purpose of bail at this stage is to ensure his attendance at the trial, and not to punish him,” began the judge. “Will he come to court as directed, and comply … several factors weigh in his favor. He has the support of his family, and friends (unidentified) his family lives outside this state. That being said, I do know that the two most significant victims of this matter are strongly supportive of his innocence and of his release on bond. Your opinion matters,” she said, directing that comment to the two Morphew daughters .”Mr. Morphew has no real criminal history, except for one that does not exist because it was dismissed.”

On the other hand, she continued, “This has several factors. He has moved a lot (He has mobility). There is nothing requiring him to stay in a single place, he can pick up and go whenever he wants to. He has been largely self-employed. Jail is not an impediment to his ability to earn a living.”

“However — he is now in a different posture than he was before. Her body has been found. Mr. Morphew does not have a single tie to this community; no family, no friends or business associates here. It has been argued that he has the means, and is quite skilled at remaining under the radar. There is evidence that he is using a different name … but he was located quickly by law enforcement. Finally, I am considering the fact that … unlike many people in this situation, he does not have to remain in one place. He deserves to be treated similarly to those in similar circumstances.”

The judge laid out two examples of bonds set for $5 million and $10 million, saying “both attempted to abscond, but both had serious criminal histories. “Therefore, weighing these factors, I decline to reduce his bail, but will modify his bond to a cash surety bond.”

She reiterated that Morphew, if he can make bail, may not leave the state for any reason, must wear a GPS tracker, surrender his passport, use only the name Barry Morphew, and must comply with a mandatory protection order. “No telling witnesses not to testify, and no harassing. Normally I’d say no contact with any victims of the case — but since it’s your daughters, I won’t do that….”

Ark Valley Voice, Jan Wondra, MORPHEW PRE-TRIAL BOND SET AT $3 MILLION

She reiterated that Morphew, if he can make bail, may not leave the state for any reason, must wear a GPS tracker, surrender his passport, use only the name Barry Morphew, and must comply with a mandatory protection order. “No telling witnesses not to testify, and no harassing. Normally I’d say no contact with any victims of the case — but since it’s your daughters, I won’t do that….”

bbm
Ah so. He obviously did that in the past time. As if we didn't guess it ....

 

[Tragg]

From News 7 video in MEDIA ONLY, I only heard Cash/Surety but in print I see Cash, Surety & Property Bond. Still not sure but believe this clarification is still applicable.

For clarification, there is a difference between Assets acceptable for collateral for bail bonds issued by a Bondsman and/or underwritten by a Surety, and the requirements set by the Court for a Property Bond.

If a Colorado County/Judicial District will permit a property bond for bail release, this bond can only be obtained from the Court.

To be clear, a property bond has nothing to do with a bondsman/surety, and DOES NOT include "...vehicles, market accounts and other assets." Comments promoting otherwise are misinformed.

Specific to Colorado, a property bond is a bond posted using the equity from real estate located in this state. The unencumbered equity must be 1.5 times the amount of the bond.

RSBM.

I have the same confusion, looking at news accounts: cash/surety or cash/surety/property?

In any case, as has been said, Morphew's family doesn't own Colorado real property of sufficient value to meet the requirements of a $3 million bond. It would have to be unencumbered and worth $4.5 million.

If he's indigent, he doesn't have $3 million in cash. I doubt his mom and kids have, either.

I doubt that he has friends who are able/willing to secure the bond with their own assets. They can see the handwriting on the wall: if the damning evidence is not suppressed, Morphew's going down.

So his mom and kids witl have to come up with a spare $300,000 to pay the bond fee, and have sufficient unencumbered real estate to pledge to meet the bondsman's security standards. If they have it, I don't see it.

So unless the bond amount is reduced, Morphew will be in jail until the trial.

All MOO.

 

[Tragg]

I wonder what the tax consequences were for the recipients of Morphew's property transfers? How much could he transfer without MM1 incurring gift tax? Can this be avoided?

Also, are the civil litigants challenging these transfers? My understanding is that you can't transfer assets to avoid paying a judgment. Alex Jones tried and lost big time.

 

[Megnut]

I wonder what the tax consequences were for the recipients of Morphew's property transfers? How much could he transfer without MM1 incurring gift tax? Can this be avoided?

Also, are the civil litigants challenging these transfers? My understanding is that you can't transfer assets to avoid paying a judgment. Alex Jones tried and lost big time.

I would love to see BM gifted with an audit.

I think he thinks the rules don't apply to him, and I think I'd like to see that catch up to him.

When cheaters cheat, we all pay.

It's a fine time for some fine tooth accounting.

JMO