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

[angelainwi]

Not confined to home. He wears a GPS and he could work and do normal things as long as the court knows what’s up since the gps should know when he comes and goes. He won’t be able to leave the state without permission from the court is my understanding.

I believe he cannot leave the house unless it is an emergency.

 

[Eaglette]

Doesn't seem to me that BM is leaving prison anytime soon. Nor should he.

It's Fathers Day in Australia today - so I wish all the good fathers in the world a very happy day.
(My darling daddy passed away nearly 10 years ago so it's a rather sad day for me and lots of others today )

Sending love and light to all

 

[sunshineray]

States have jurisdiction over property and persons within their borders, which limits the direct reach of one state's laws into another.

I would think though that a person's private property like real estate, no what what state it's in, could be used for whatever they need to finance...if they so wish to do so. I'm also talking about property fully owned by that person. Do state's have more power over a person's property than the owner of that property? I still understand your point. CO has certain laws in place about Property Bonding. I'm actually glad in this case as it may keep a bad man, IMO, in custody til trial.

 

[FromGermany1]

It doesn't surprise me at all. He's the only parent they have left and despite what us on the outside looking in can see, he's still their dad & the bond they have was built over their entire lifetime. If they ever do come to accept the evidence and what he's done, it's going to break their hearts for sure. I can't even imagine what it must be like to be in such a position.

bbm
How sad, when he over the daughter's entire lifetime tried to win them over. That would have been a very toxic bond, IMO. And would be a reason to have drifting apart with his wife Suzanne long ago already. He didn't seem to care; he needed his little buddies in a position against Suzanne. How had he done with a boy of his own?? Even worse, I think.

 

[Diddian]

I am more than a little surprised that his daughters continue to be strongly supportive of Barry. I mean, have they read the grand jury indictment? The data about Barry being the only one in Colorado with access to BAM, and BAM being found in Suzanne's bone marrow....is in itself the strongest of evidence that he was involved in her death. JMO

I know that it happens - family members steadfast in their support of one parent charged with murdering the other, even when there is evidence so overwhelming that 12 independent strangers become convinced of guilt - but it seems such a betrayal of the victim, who parented them also and who would never have done such a thing.

 

[I am not Sherlock H.]

It doesn't surprise me at all. He's the only parent they have left and despite what us on the outside looking in can see, he's still their dad & the bond they have was built over their entire lifetime. If they ever do come to accept the evidence and what he's done, it's going to break their hearts for sure. I can't even imagine what it must be like to be in such a position.

Yes @Ontario Mom …. agree entirely. Such an unfortunate spot to be in.

I also agree with the thoughts of @Trebor5591 ….. as to the evidence. One of the first things I observed early in the case, was BM’s theatrics during that early police recording when SM bike (and helmet?) was found. The IMO horrid bad overacting, improper reactions etc., was so over the top. And his insistent questioning whether it was a mountain lion? From that point on my opinion was, well let’s say ingrained. MOO

 

[Megnut]

Yes @Ontario Mom …. agree entirely. Such an unfortunate spot to be in.

I also agree with the thoughts of @Trebor5591 ….. as to the evidence. One of the first things I observed early in the case, was BM’s theatrics during that early police recording when SM bike (and helmet?) was found. The IMO horrid bad overacting, improper reactions etc., was so over the top. And his insistent questioning whether it was a mountain lion? From that point on my opinion was, well let’s say ingrained. MOO

Yup. Everyone else was desperate with that Suzanne would be located safe. Except Barry, busy providing reasons why she wouldn't be.

JMO

 

[Charlot123]

I am more than a little surprised that his daughters continue to be strongly supportive of Barry. I mean, have they read the grand jury indictment? The data about Barry being the only one in Colorado with access to BAM, and BAM being found in Suzanne's bone marrow....is in itself the strongest of evidence that he was involved in her death. JMO

One thought is, they don’t want to lose the only parent left.

 

[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

Hey folks, quoting my own post for clarification on couple types of bond. I know there’s been a lot of discussion about bond since the hearing on 9/2 and promise this is my last post lol on the different types of bond and their meaning.

Upon further review of the CO Judicial Branch’s website under Types of Bond, bond secured through bail bondsmen are called “Professional Surety Bonds”. (Colorado law sites refer to it as “Surety Bond” but they mean the same thing/serve same purpose-see links below from couple of Colorado law sites),
and “Cash Bond” means defendant or another person pays the full bail amount to the court via cash only.

**Snipped from CO Judicial Branch site under “Types of Bond” BBM:

Professional Surety Bond
A professional surety bond is a bond posted through the service of a state licensed bondsman of your choice. The bondsman may require a co-signer and/or collateral to secure the bond.

Cash Bond
With a cash bond, the defendant or another person can pay in cash the full amount of the bond to release the defendant from custody.

It was late the night I re-listened to the hearing and did a ton of reading about different bond types and apparently misunderstood and melded the 2 types of bond together and indicated in the heading as “Cash surety bond” described as bail secured via bondsmen but the terminology/legalese I wrote in heading as “Cash surety bond” is incorrect and should read “Professional Financial Surety/Surety Bond”. Apologies for the confusion.
Also, as I indicated in my previous post, after re-listening to the hearing, heard the Judge say “cash surety or property bond”, after re-listening again today and playing back several times, heard Judge same BUT I believe after re-reviewing the court’s website r/t types of bond and other CO law websites, what the Judge likely meant/ruled as acceptable types of bond are
cash bond, or surety bond, or property bond. (Imo JH likely just omitted the words ‘or’ and ‘professional’ when she referred to surety bond in her ruling). I think that makes the most sense as it tracks with descriptions/verbiage for each of those 3 types on the court’s website as well as on some
CO law/lawyer websites I read.

For those interested, see Media Thread post #50 video clip of hearing where Judge goes over bond and at about the 7:00 minute mark explains her reasoning for modifying BM’s bond from 3mil cash only to cash, surety, or property bond.

IANAL and legal ‘stuff’ can be confusing to me at times and probably should refrain from posting after reading up on legalities of things, especially late at night and becoming crosseyed so to speak after reading. There are posters much more knowledgeable than myself r/t laws, interpreting them, legalese etc. I appreciate you all,
and thank you to all WS friends for your patience!

Types of Bonds | Colorado Judicial Branch

www.coloradojudicial.gov

Understanding Colorado Bail Laws • Right Law Group: Colorado Criminal Defense Attorneys & DUI Lawyers

Learn how bail works in Colorado after an arrest, from cash bonds to bail bondsmen and bounty hunters. Understand the different types of bail, what happens if you miss court, and why serious charges mean higher bail amounts.

www.rightlawgroup.com

Understanding Bail and Bond in Colorado | Wolf Law LLC

Arrested in Colorado? Wolf Law LLC fights for lower bail and your release. Call for a free legal consultation today.

wolflawcolorado.com

IMHOO

#JUSTICEFORSUZANNE

 

[snooptroop88]

Yes @Ontario Mom …. agree entirely. Such an unfortunate spot to be in.

I also agree with the thoughts of @Trebor5591 ….. as to the evidence. One of the first things I observed early in the case, was BM’s theatrics during that early police recording when SM bike (and helmet?) was found. The IMO horrid bad overacting, improper reactions etc., was so over the top. And his insistent questioning whether it was a mountain lion? From that point on my opinion was, well let’s say ingrained. MOO

COMPLETELY agreed, and the mountain lion's not the only thing. The chipmunks alibi, the distracting bull elk that throws him off course. He needs that BAM to put down deer. Did LE notice scratches on his body after Suzanne's disappearance? Per BM, those were from a tree. And his frugality explanations. The trash runs after Suzanne disappeared-- solely to avoid disposal costs. The boots, why'd he have them in the hotel room? To remove the shoelaces. Yeah. And he hovers around outside hotels, too, waiting for an opportunity to get access so he can score free breakfast.

Evidently, for some time, he has recognized his world in Colorado to be one that was fraught with perils and financial strife. I'd never say this about anyone else in this position, but I will say it about him: He's now in an environment with guaranteed, ironclad protection from intrusion or breaches by mountain lions or chipmunks. He has no worries in terms of these threats where he is; there are guns to ensure this (but the guns are only for the people who didn't murder their wives). No deer, and no trees by which he can be injured. No bull elks that will cause distraction. Free trash disposal, free complimentary breakfast, and no need for shoelaces anymore. Not to mention, we don't really want to hear down the road about how a pack of raging chipmunks chewed through a certain someone's GPS monitor.

With the picture he himself has painted of his world, Shoelaces Morphew should really have no desire to leave. According to himself, it's only a matter of time until he's a free man anyway. That being the case, it hardly seems prudent to go to so much trouble to trade one prison for what's in essence going to be another. Hope he stays right where he is, but all jmo.

 

[katydid23]

I'm not understanding why the unencumbered property has to be in Colorado? Why isn't it just his assets wherever they may be?

I think it has to do with legal issues/paperwork/documents in case the court needs to seize the property if Barry runs to Brazil.

Let's say Barry bails on the trial. And his friend in Indiana had agreed to put up their expensive property. And now that angry friend is ignoring the situation and the communications from Colorado.

I think it could be much harder to handle that legal seizure if they have to go out of state to do so. Different court employees, different state statutes, way more red tape, etc. imo

If the property was in Colorado, the Colorado State Marshalls can go to the property and invite the tenants to get out. Going to Indiana would be more complicated, imo.

 

[sunshineray]

I think it has to do with legal issues/paperwork/documents in case the court needs to seize the property if Barry runs to Brazil.

Let's say Barry bails on the trial. And his friend in Indiana had agreed to put up their expensive property. And now that angry friend is ignoring the situation and the communications from Colorado.

I think it could be much harder to handle that legal seizure if they have to go out of state to do so. Different court employees, different state statutes, way more red tape, etc. imo

If the property was in Colorado, the Colorado State Marshalls can go to the property and invite the tenants to get out. Going to Indiana would be more complicated, imo.

Thanks katydid23, that of course makes sense if it was someone else's property being used. If it's a property he owns outright himself, does it still matter what state it's in? Maybe the process of one state's systems selling/liquidating assets in another is not something done? I know different factions of the Federal government can do things nationally like seize property but I guess individual states can't do the same, even if there's a promissory note for that property? Idk, to me I would think...money is money, assets are assets to use anywhere in the US. I acknowledge I could be very wrong, I've never had any dealings with bail.

 

[Megnut]

I hope he can't make bail. Let him marinate in isolation, where karma can catch up with him.

I don't trust him, out of jail.

I don't want to read motions and hear arguments which will claim than any breaches in the terms anywhere really breaches. He didn't know he was violating the rules. He won't do it again. Don't be a mean judge and take away his mother's, children's, friend's houses away. Don't take their cars away, he didn't know he couldn't.

Then how about don't commit murder. How about don't put up other people's private housing for your bail bond. How about don't violate the conditions of your release. How about don't murder other people with the fall-out of your poor choices.

Godly man that he is, I should think he can use this time, while he waits for trial, to read his Bible. Not the whole thing. Just maybe spend some time with the 6th Commandment. He maybe missed that pne on his previous read-throughs.

JMO

 

[Megnut]

Throwback article from wayback --

>>>"...The last report I got from people is that [Barry] is having a difficult time sitting still, and pacing back and forth, constantly looking out the window, hoping he can see her".<<<

Pacing? No one was forcing him to stay inside.

Hoping to see her? What, maybe catch a glimpse of her? As she was... jogging by in her Crested Butte cycling sweatshirt? Speeding by on her way to Ecuador? He wasn't likely to see her pass by, decomposing where he first hid her.

(Why WAS he so nervous? LE blocked off a portion of that road. What was he afraid they might find?)

Regardless, he sealed his fate when he moved her remains. There is literally NO ONE ELSE who'd have motive to do that.

Guiltier than sin.

JMO

Investigators search Salida property in connection with Suzanne Morphew disappearance, Fire Chief remains ‘hopeful’

CHAFFEE COUNTY, Colo. — Investigators searched a Salida property in connection with the disappearance of Chaffee County woman, Suzanne Morphew, the Sheriff’s office said Friday. “…

www.fox21news.com

 

[Love Never Fails]

It doesn't surprise me at all. He's the only parent they have left and despite what us on the outside looking in can see, he's still their dad & the bond they have was built over their entire lifetime. If they ever do come to accept the evidence and what he's done, it's going to break their hearts for sure. I can't even imagine what it must be like to be in such a position.

I think they know. I think his mother and sisters know. They just can’t let go of him.

 

[Love Never Fails]

I hope he can't make bail. Let him marinate in isolation, where karma can catch up with him.

I don't trust him, out of jail.

I don't want to read motions and hear arguments which will claim than any breaches in the terms anywhere really breaches. He didn't know he was violating the rules. He won't do it again. Don't be a mean judge and take away his mother's, children's, friend's houses away. Don't take their cars away, he didn't know he couldn't.

Then how about don't commit murder. How about don't put up other people's private housing for your bail bond. How about don't violate the conditions of your release. How about don't murder other people with the fall-out of your poor choices.

Godly man that he is, I should think he can use this time, while he waits for trial, to read his Bible. Not the whole thing. Just maybe spend some time with the 6th Commandment. He maybe missed that pne on his previous read-throughs.

JMO

I know you are speaking in jest, but If BM considers himself Godly, he is deceived.

 

[Megnut]

I think they know. I think his mother and sisters know. They just can’t let go of him.

Families are different.

Sometimes it's just easier to ignore the truth.

Other times it's that, well maybe, they (the families) don't think what they (the accused) did was wrong. Some families are deep into victim blaming. ChrisWattsWorld. #nothisfaultshemadehimdoit

And sometimes families just don't want to believe it could be true, searching constantly for the tiniest pinhole of Maybe Someone Else Did It. Even if it's well past unreasonable doubt.

JMO

 

[Megnut]

I know you are speaking in jest, but If BM considers himself Godly, he is deceived.

You're right. My bad. I should have used air quotes.

"Godly".

Contrary to what he seems to think of himself, he wasn't judge nor jury nor God above. He was not her gatekeeper.

JMO

 

[waldojabba]

Families are different.

Sometimes it's just easier to ignore the truth.

Other times it's that, well maybe, they (the families) don't think what they (the accused) did was wrong. Some families are deep into victim blaming. ChrisWattsWorld. #nothisfaultshemadehimdoit

And sometimes families just don't want to believe it could be true, searching constantly for the tiniest pinhole of Maybe Someone Else Did It. Even if it's well past unreasonable doubt.

JMO

I think his Mom knows for sure. But then she never really liked Suzanne anyway or the Moorman’s for that matter. That’s her boy.

Pretty much immediately after he murdered Suzanne she shows up. They were driving around in his old red truck, it was parked past their house at Puma Path by the river. Tyson iirc came upon them. Shirley was in the passenger seat - looking pleased as punch- in her rightful place - next to her boy.
Barry had his shirt off and was wet.
“Maybe she got in the river umhmm”.

It was striking to me. Shirley’s arm swung out the window of the cab of the truck, on patrol, big smile on her face. Back in control. Picking up the pieces for her boy.
Oh she knows. But what’s done is done.
She has Barry and she has his daughters and she’s riding that train until death.

JMO

 

[crhedBngr]

I think his Mom knows for sure. But then she never really liked Suzanne anyway or the Moorman’s for that matter. That’s her boy.

Pretty much immediately after he murdered Suzanne she shows up. They were driving around in his old red truck, it was parked past their house at Puma Path by the river. Tyson iirc came upon them. Shirley was in the passenger seat - looking pleased as punch- in her rightful place - next to her boy.
Barry had his shirt off and was wet.
“Maybe she got in the river umhmm”.

It was striking to me. Shirley’s arm swung out the window of the cab of the truck, on patrol, big smile on her face. Back in control. Picking up the pieces for her boy.
Oh she knows. But what’s done is done.
She has Barry and she has his daughters and she’s riding that train until death.

JMO

Apologies, but I'm a bit confused.

I went back and watched the TD video of Barry when he was pacing around. There was a brief shot of his black truck, but I didn't see anyone sitting in the passenger seat.

I'd like to see a shot of SM, just to satisfy my own curiosity.

TIA.

ETA: Nevermind. I rewatched the TD video at .5 speed, and I see where SM put her arm out of the truck.

JMVHO.