CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #119

[fcavanaugh]

IMO, once again BM’s arrogance, entitlement and manipulation on full display, and once again, using his daughters to help further
his nefarious intentions/agenda. Despicable.

BM’s transparency is still as evident as always. He’s been nothing if not consistent telling on himself with every lie, action and non-action since (allegedly) murdering his wife almost six years ago.

News flash BM, you’re not fooling anyone that’s been following and paying attention these past six years. And as for this 11th hour attempt via your daughters to destroy/get rid of highly incriminating evidence against you aka creamating Suzanne’s remains pre-trial, pffttttt…..good luck with that.

Hope Judge AH sees it as most of us do, and puts a big stamp of denial on this frivolous (Intervenors’) motion.

IMHO

#JUSTICEFORSUZANNE

 

[I am not Sherlock H.]

yes they cant do any testing or they might create unfavourable discoverable evidence

Yes, excellent point @mrjitty …. and one also has to wonder….. just wonder…. IANAL …. if anyone on or working with team BM knows what the answer(s) to a supposed question(s) might be?

Unrelated to this case…… yet as a long time chemist, I have often critiqued or stated contemptuously to a minimalist analytical proposal for testing: ‘that one data point is worse than none’. MOO

 

[MassGuy]

Status Conference: March 9, 2026 at 1:30 pm.

 

[Megnut]

At present, while awaiting trial for murder, Barry is afforded far more freedom than most. Still, I hope that, to him, it feels like a thousand cages.

 

[MassGuy]

So I was looking through the state response today, and I found this interesting case citation:

Courts have recognized that it is a compelling state interest to maintaining the integrity of a criminal prosecution and enforce the law. People v. Fallis, 2015 COA 75, ¶ 7 (“Colorado has a compelling state interest in enforcing its criminal laws.”); see also People v. Allee, 740 P.2d 1, 9 (Colo. 1987) (recognizing important state interest in enforcing criminal law).

You may recall that Barry's former attorney, Iris Eytan, defended Fallis.

Apparently it makes perfect sense to cite that particular case, but there are numerous other ones that could have also done the job.

I wouldn't be surprised if that was intentional.

https://www.coloradojudicial.gov/sites/default/files/2026-03/Response_Redacted.pdf

 

[Magic8Ball]

IMO, once again BM’s arrogance, entitlement and manipulation on full display, and once again, using his daughters to help further
his nefarious intentions/agenda. Despicable.

BM’s transparency is still as evident as always. He’s been nothing if not consistent telling on himself with every lie, action and non-action since (allegedly) murdering his wife almost six years ago.

News flash BM, you’re not fooling anyone that’s been following and paying attention these past six years. And as for this 11th hour attempt via your daughters to destroy/get rid of highly incriminating evidence against you aka creamating Suzanne’s remains pre-trial, pffttttt…..good luck with that.

Hope Judge AH sees it as most of us do, and puts a big stamp of denial on this frivolous (Intervenors’) motion.

IMHO

#JUSTICEFORSUZANNE

This latest attempt by Barry to get Suzanne's remains cremated is so transparent it's laughable.
The only people buying it are his daughters. So pathetic.

What's glorious about him trying to pull this cremation stunt is that the motion itself will likely be able to be admitted as evidence during the trial by the prosecution and used against him.
The DA can argue it goes to show consciousness of guilt.
I'm hoping we see funeral home staff added to the witness list.
DA can also ask the daughters about it when they get called to testify.

So, not for the first time, Barry doing Barry things is going to come back to bite Barry in his big ol' .132-batting- average behind.

Alas. If only his IQ matched his batting average.

JMO.

 

[MassGuy]

I know attorneys in the Morphew orbit love to misrepresent the facts, but reading over that Motion to Intervene, it really grinds my gears.

The daughter's attorney never once mentioned the word "cremated."

..."remains from Swan Lake Funeral Home in Colorado Springs, Colorado (“the State”) requiring them to show cause why Intervenors should be denied lawful possession of their mother's remains, and why the State should not be restrained from further interference with Intervenors’ constitutional rights to possess, memorialize, and bury their mother.

And of course this gem:

This government conduct is outrageous, cruel, and shocking to the conscience. Because these actors are under the jurisdiction of this Court and are ostensibly claiming authority to commit this misconduct by virtue of the criminal case pending before this Court, this Court can and must take action to protect the Victim’s Rights.

Using "bury" instead of "cremate" was intentional.

It's not "outrageous, cruel, and shocking..." to prevent Barry Morphew from destroying evidence that may be relevant at trial.

It is "outrageous, cruel, and shocking" to leave Suzanne's body sitting on a shelf for two years though, and then attempt to cremate her despite the protests of her immediate family, who know she never wanted to be cremated.

https://www.coloradojudicial.gov/sites/default/files/2026-03/Motion%20to%20Intervene.pdf

 

[MassGuy]

"A trusted legal expert familiar with the case tells 11 News the timing of the latest developments are strange because the Morphew family has had since April 2024 to claim Suzanne’s remains and did not try to until recently."

Court papers: One day stood between Suzanne Morphew being cremated and her remains being taken back by authorities

Suzanne Morphew’s remains were at the El Paso County Coroner’s Office until being transferred to a local funeral home

www.kktv.com

 

[Seattle1]

So I was looking through the state response today, and I found this interesting case citation:

Courts have recognized that it is a compelling state interest to maintaining the integrity of a criminal prosecution and enforce the law. People v. Fallis, 2015 COA 75, ¶ 7 (“Colorado has a compelling state interest in enforcing its criminal laws.”); see also People v. Allee, 740 P.2d 1, 9 (Colo. 1987) (recognizing important state interest in enforcing criminal law).

You may recall that Barry's former attorney, Iris Eytan, defended Fallis.

Apparently it makes perfect sense to cite that particular case, but there are numerous other ones that could have also done the job.

I wouldn't be surprised if that was intentional.

https://www.coloradojudicial.gov/sites/default/files/2026-03/Response_Redacted.pdf

Oh, man -- I don't even have to look this one up! Fallis and Morphew could be one in the same, on the scale of arrogance-- especially under the guidance of Iris!

I recall Fallis was living in Indiana-- allegedly attending University, at the time of his indictment and arrest for 2nd degree murder of his wife.

After the trial court granted him pretrial bond release, he insisted he should be able to return to University studies in Indiana-- while awaiting trial! Team Fallis was certain the Surety underwriting his $500K bond, guaranteeing his court appearance, would endorse this request upon his execution of a waiver of extradition, and therefore the Court should have no issue here-- or else be seen as transgressing upon the defendant's presumption of innocence!

However, much like BM's current Motion, Fallis rethought his Motion (and ultimate Petition with the higher Court) by pulling the "child card," arguing that the Trial Court was abusing its discretion and violating his constitutional right to parent his children, because the disputed bond conditions, were effectively preventing him from exercising his parental rights over his children living in Indiana. Boo-hoo, NOT!

It soon after came out that Fallis' parents had an order preventing him from moving the children out of Indiana, but there was nothing preventing them from visiting him in Colorado, when accompanied by an approved guardian, and nothing preventing Fallis from interacting with his children, effectively parenting them, for example, as any parent away on business parents their children. In other words, just as you'd expect, Fallis was trying to argue conditions that never existed before his arrest! His parents had taken over the parenting burden he failed at. Needless to say, of course, Fallis did not prevail in his argument to leave the state while on bond release, for any reason.

On a different but related note, I recall rumors that Team Fallis went nuclear on the maker of his initial $500K Surety (at $25K premium) for not actively supporting their legal fight over disputed bond conditions, and just before the trial was to begin, they responded by surrendering Fallis back to the custody of the Court. The Court granted their Motion, and Fallis spent several nights in jail before his family could secure a second bond and pay another $25K bond premium. Team Fallis sued for a partial refund of their premium, but the Surety prevailed.

https://law.justia.com/cases/colorado/court-of-appeals/2017/16ca1474.html

 

[girlhasnoname]

"A trusted legal expert familiar with the case tells 11 News the timing of the latest developments are strange because the Morphew family has had since April 2024 to claim Suzanne’s remains and did not try to until recently."

Court papers: One day stood between Suzanne Morphew being cremated and her remains being taken back by authorities

Suzanne Morphew’s remains were at the El Paso County Coroner’s Office until being transferred to a local funeral home

www.kktv.com

Such a 'show' from Barry & Team, which has luckily backfired in spectacular fashion.

It's a shame that Suzanne's remains were left unclaimed so long after she was recovered. I guess it wasn't a priority for pity then. The underhanded, conniving on the part of BM, et. all is disgusting and won't be lost on the jurors as well.

IMO

 

[I am not Sherlock H.]

I know attorneys in the Morphew orbit love to misrepresent the facts, but reading over that Motion to Intervene, it really grinds my gears.

The daughter's attorney never once mentioned the word "cremated."

..."remains from Swan Lake Funeral Home in Colorado Springs, Colorado (“the State”) requiring them to show cause why Intervenors should be denied lawful possession of their mother's remains, and why the State should not be restrained from further interference with Intervenors’ constitutional rights to possess, memorialize, and bury their mother.

And of course this gem:

This government conduct is outrageous, cruel, and shocking to the conscience. Because these actors are under the jurisdiction of this Court and are ostensibly claiming authority to commit this misconduct by virtue of the criminal case pending before this Court, this Court can and must take action to protect the Victim’s Rights.

Using "bury" instead of "cremate" was intentional.

It's not "outrageous, cruel, and shocking..." to prevent Barry Morphew from destroying evidence that may be relevant at trial.

It is "outrageous, cruel, and shocking" to leave Suzanne's body sitting on a shelf for two years though, and then attempt to cremate her despite the protests of her immediate family, who know she never wanted to be cremated.

https://www.coloradojudicial.gov/sites/default/files/2026-03/Motion%20to%20Intervene.pdf

Hey @MassGuy , good stuff and insights on this case. Thanks for informing.

But I did note one thing you had stated and was wondering..... . You mentioned above ... 'in the Morphew orbit love....'

Did you possibly mean to say 'in the Morphew love orbit' but slipped on the keyboard? MOO

 

[Megnut]

Such a 'show' from Barry & Team, which has luckily backfired in spectacular fashion.

It's a shame that Suzanne's remains were left unclaimed so long after she was recovered. I guess it wasn't a priority for pity then. The underhanded, conniving on the part of BM, et. all is disgusting and won't be lost on the jurors as well.

IMO

And if he had underhandedly cremated her remains, he'd have said he didn't know he couldn't.

He thinks rules/laws bend for him.

Know what doesn't bend.

Steel bars.

JMO

 

[Magic8Ball]

IMO, we've not exactly seen that thus far-- and she's also failed to recognize SM's siblings as victims. In fact, Hopkins as much as told us (during the bond hearing) that she gives the M's support of BM much weight in her decisions!

To my knowledge, Hopkins failed to name any individual(s) in the Mandatory Order, including the State's witnesses, all the while protecting the location of the defendant, who is simply known to be somewhere in the State of Colorado!

https://www.coloradojudicial.gov/sites/default/files/2024-04/JDF440.pdf

Snipped for focus:

AH has already made some rulings that have me looking like I had a brow lift.

So far, this judge has leaned so hard toward the defense's table she's practically sitting in Barry's lap.

The fact that she would not only base her decisions re: bond on the wishes of an accused murderer's daughters but would then actually cop to that being her rationale in open court is truly incredible, and I mean that in the worst possible way.

I think we all need to brace ourselves for this trial being a 2-on-1 contest.
It's going to be the State v. Morphew and AH.

The facts and evidence are on the State's side.
Let's hope all of that evidence is allowed to be presented to the jury.

I do not trust this judge.
Based on her rulings, she's into feelings more than facts.
Specifically, the feelings of Team Barry.

JMO.

 

[MassGuy]

Article with some quotes from one of Barry's attorneys:

His attorneys are preparing for a forensic courtroom showdown.

“The claim that Suzanne Morphew had BAM in her system is not true,” said David Beller, who has been representing Barry Morphew since he took over from Denver attorney Iris Eytan last summer.

Beller and his cocounsel, Jane Fisher-Byrialsen, contend that of three labs consulted, only the El Paso County Coroner’s Office, a lab they say is certified only for DUI testing, found the three substances that make up BAM in Suzanne Morphew’s femur bone. The attorneys plan to attack the credibility of the El Paso County lab. “The scientific ‘evidence’ does not hold up,” Beller said in a text.

Neither the El Paso County Coroner’s Office nor NMS Labs, a private nationally accredited Pennsylvania lab which was consulted on the case, would comment on their involvement with it.

The third lab that consulted on the case, the Center for Forensic Science Research and Education, also declined comment for this article.

- Morphew’s attorneys call the BAM theory “junk science” and during trial, will question the lab work.

In an interview with The Sun, Morphew’s attorney, Beller, referred to a “prosecution-sided narrative of what law enforcement wants the public to believe.”

He described the science developed by detectives and toxicologists as “incomplete” adding that they ignored evidence that points to Morphew’s innocence.

Battle over a little-known wildlife sedative at center of murder case against Barry Morphew

An October murder trial promises to center around a mix of potent chemicals the autopsy revealed were discovered in Suzanne Morphew's remains.

coloradosun.com

 

[Megnut]

Article with some quotes from one of Barry's attorneys:

His attorneys are preparing for a forensic courtroom showdown.

“The claim that Suzanne Morphew had BAM in her system is not true,” said David Beller, who has been representing Barry Morphew since he took over from Denver attorney Iris Eytan last summer.

Beller and his cocounsel, Jane Fisher-Byrialsen, contend that of three labs consulted, only the El Paso County Coroner’s Office, a lab they say is certified only for DUI testing, found the three substances that make up BAM in Suzanne Morphew’s femur bone. The attorneys plan to attack the credibility of the El Paso County lab. “The scientific ‘evidence’ does not hold up,” Beller said in a text.

Neither the El Paso County Coroner’s Office nor NMS Labs, a private nationally accredited Pennsylvania lab which was consulted on the case, would comment on their involvement with it.

The third lab that consulted on the case, the Center for Forensic Science Research and Education, also declined comment for this article.

- Morphew’s attorneys call the BAM theory “junk science” and during trial, will question the lab work.

In an interview with The Sun, Morphew’s attorney, Beller, referred to a “prosecution-sided narrative of what law enforcement wants the public to believe.”

He described the science developed by detectives and toxicologists as “incomplete” adding that they ignored evidence that points to Morphew’s innocence.

Battle over a little-known wildlife sedative at center of murder case against Barry Morphew

An October murder trial promises to center around a mix of potent chemicals the autopsy revealed were discovered in Suzanne Morphew's remains.

coloradosun.com

Bring it!

That strategy is a rock that can't swim.

 

[Megnut]

Another good reason to deny the defendant the opportunity to cremate evidence.

The bones can be retested, the results confirmed.

No wonder he suddenly wanted them.

JMO

 

[DellaC]

Article with some quotes from one of Barry's attorneys:

His attorneys are preparing for a forensic courtroom showdown.

“The claim that Suzanne Morphew had BAM in her system is not true,” said David Beller, who has been representing Barry Morphew since he took over from Denver attorney Iris Eytan last summer.

Beller and his cocounsel, Jane Fisher-Byrialsen, contend that of three labs consulted, only the El Paso County Coroner’s Office, a lab they say is certified only for DUI testing, found the three substances that make up BAM in Suzanne Morphew’s femur bone. The attorneys plan to attack the credibility of the El Paso County lab. “The scientific ‘evidence’ does not hold up,” Beller said in a text.

Neither the El Paso County Coroner’s Office nor NMS Labs, a private nationally accredited Pennsylvania lab which was consulted on the case, would comment on their involvement with it.

The third lab that consulted on the case, the Center for Forensic Science Research and Education, also declined comment for this article.

- Morphew’s attorneys call the BAM theory “junk science” and during trial, will question the lab work.

In an interview with The Sun, Morphew’s attorney, Beller, referred to a “prosecution-sided narrative of what law enforcement wants the public to believe.”

He described the science developed by detectives and toxicologists as “incomplete” adding that they ignored evidence that points to Morphew’s innocence.

Battle over a little-known wildlife sedative at center of murder case against Barry Morphew

An October murder trial promises to center around a mix of potent chemicals the autopsy revealed were discovered in Suzanne Morphew's remains.

coloradosun.com

@MassGuy et al: It makes sense for the defense to discredit the most damning evidence. If you were the prosecution, how would you fortify your claim or respond to these defense arguments?

 

[MassGuy]

@MassGuy et al: It makes sense for the defense to discredit the most damning evidence. If you were the prosecution, how would you fortify your claim or respond to these defense arguments?

I think it's already fortified. They know exactly what the defense is going to do in regard to attempting to cast doubt on the lab results.

Lets focus on this part: Beller and his co-counsel, Jane Fisher-Byrialsen, contend that of three labs consulted, only the El Paso County Coroner’s Office, a lab they say is certified only for DUI testing, found the three substances that make up BAM in Suzanne Morphew’s femur bone. The attorneys plan to attack the credibility of the El Paso County lab. “The scientific ‘evidence’ does not hold up,” Beller said in a text.

I think this is likely misleading and El Paso did the testing with consultation from those other two labs. So yes, the other two labs didn't find BAM, but that's not because their testing didn't, it's because their role wasn't testing in the first place.

As for El Paso County Coroner only certified for "DUI testing," that's incredibly misleading. They perform advanced toxicology all the time, but don't have a VOLUNTARY set of credentials that they don't need.

This is simply the defense defensing.

 

[Megnut]

I think it's already fortified. They know exactly what the defense is going to do in regard to attempting to cast doubt on the lab results.

Lets focus on this part: Beller and his co-counsel, Jane Fisher-Byrialsen, contend that of three labs consulted, only the El Paso County Coroner’s Office, a lab they say is certified only for DUI testing, found the three substances that make up BAM in Suzanne Morphew’s femur bone. The attorneys plan to attack the credibility of the El Paso County lab. “The scientific ‘evidence’ does not hold up,” Beller said in a text.

I think this is likely misleading and El Paso did the testing with consultation from those other two labs. So yes, the other two labs didn't find BAM, but that's not because their testing didn't, it's because their role wasn't testing in the first place.

As for El Paso County Coroner only certified for "DUI testing," that's incredibly misleading. They perform advanced toxicology all the time, but don't have a VOLUNTARY set of credentials that they don't need.

This is simply the defense defensing.

Incredibly misleading.

The ME didn't do the testing. IME that's routinely outsourced.

 

[osu]

Wealthy family of murdered Colorado mother Suzanne Morphew left her body in morgue for TWO YEARS after investigators said they could collect it​

The family of a Colorado mom who was murdered left her body in a morgue for two years despite being told they could collect her remains, court papers revealed.

Suzanne Morphew's family were told they could collect her body in April of 2024 after it was found in a field in September of 2023, more than three years after she vanished from her $1.5m home in Maysville, on Mother's Day 2020.

Yet for two years it remained with the El Paso County Coroner's Office after the family failed to claim it.

[…]

At the time the family were told to collect her remains in 2024 no one was charged with her murder.

Her daughters Mallory and Macy are now in a legal battle with the state for her body after prosecutors took it back into custody the day before Suzanne was to be cremated.

It was her suspected killer husband who signed off on her body being released to Swan-Law Funeral Home in Colorado Springs in late January.

Law enforcement were notified of its release on February 17, the courts issued a search warrant for her body on the 18th, on the 19th her body was handed back over. Her remains were to be cremated on the 20th according to filings uncovered by Denver Gazette.

[…]

Swan-Law Funeral Directors said in a statement: 'Not being able to memorialize a loved one in a timely manner is truly heartbreaking, and we feel for Suzanne’s family members.

'At the same time, we will always comply with the law, just as we’ve done in this case. It is our sincerest hope that Suzanne’s daughters will be able to celebrate the life of their mother very soon.'
[…]

More at link:

Family of murdered mom left her body in morgue for TWO YEARS

Suzanne Morphew's family were told they could collect her body in April of 2024 after it was found in a field in September of 2023, but for two years it stayed with the El Paso County Coroner's Office.

www.dailymail.co.uk