Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #100 *Case dismissed w/o Prejudice*

[OldCop]

If they don't do everything they can, then they run the risk of an appeal for ineffective assistance of counsel.

I, and anyone who is placed under arrest in this country, wants and needs the best defense attorney they can get who will fight for us with all the power allowed by law to ensure we get a fair trial. Any prosecutor who is worth his salt should be up to the task of proving his case.
What is troubling to me is that in recent years we are seeing more and more instances of high powered defense attorneys trying to prevent a jury from hearing legally obtained evidence including digital forensics evidence which may point to the guilt of the accused. These defense attorneys are removing from the jury their ability to reach a proper verdict based on available evidence and they are doing it before the trial even starts.
The other superfluous motions raised by the defense, (how BM may be addressed, not pointing at the defendant, etc, etc, etc) serve to bog down the court and derail a legitimate prosecution by crippling their ability to properly prepare and present their case. We have less than 2 weeks until trial and the prosecution does not know what evidence they will be allowed to use.
These are the ultimate games of gotcha and smoke and mirrors and should not be compared to legitimate defense tactics.
For the very reason you have stated, @Kristin Esq. , courts are reluctant to reign in some of these defense attorneys because they don’t want to run the risk of appeal. This doesn’t have anything to do with the victim or the defense, it’s all about the judge.
A judge doesn’t need to worry about overturned and/or appealed cases if they run their courtroom properly and know the law.

 

[scapa]

So should the defendant go free since he can hire the best? Even if he murdered his wife?
I think I know your answer.

He may well.

And, of course, the irony of his using the fruits of his crimes in SM's assets in order to pay for that high-end defence isn't lost on those who have followed this case since the beginning.

And a successful lawsuit to recoup some of those legal costs should he be acquitted would make this very close to the perfect crime -- complete with a pair of adoring (if uneasy) daughters and a future of endless hunting trips and steaks for two.

So while BM may indeed be dopier than Patrick Frazee he may also prove to be both more cunning, and luckier.

Is it time to introduce life sentences for voting fraud in CO?

 

[WestGL]

“So should the defendant go free since he can hire the best? Even if he murdered his wife?
I think I know your answer.”​

A rhetorical question. Another rhetorical question:

Should we give our government the power to arrest citizens, accuse them of serious crimes, put them in jail for the rest of their lives when said governments team can’t even organize and argue their way out of a paper bag?

 

[mrjitty]

I think I'm just going to wait and see if there is going to be any semblance of a trial.

Thanks to everyone who put in so much work.

A number of the trials I have followed have gone south so can't say I am that surprised so far.

 

[Scootie98]

Lets not give up the ghost just yet....As I have alluded to several times before (because I think this is where BM is hooked)...that 14 1/2 hours "with Suzanne" from 2:47pm Saturday until 4:30am on Sunday is inescapable. Barry claims to have put the phones on dark mode so that their romance wouldn't be bothered. However, Suzanne was an active participant in a wedding the following day and her communication was required. Also, two daughters are on a camping outing out of state. What parent would not keep the lines of communication open for them? The smell test registers "Fail". I believe a reasonable jury will see it that way also...when combined with other evidence during that time...both electronic, and Barry's own words.

 

[Lyanna]

This is the first case I've followed, and I refuse to give up hope that Barry will be judged by 12 of his peers and found guilty, I don't understand most of the legal language, not great with subtle nuance either but I feel most reasonable people will see the woods for trees. Barry places himself with Suzanne, in the time frame she literally disappears off the face of the earth never to be heard of again, never to be seen alive again - no matter how many motions and smoke bombs defence throw - give me 1 plausible reason for this to occur other than someone disappeared her, and that someone is Barry L. Morphew.
I don't like the courtroom games, truly don't care about Barry's rights - in my eyes, he lost those when he denied Suzanne her basic Human Right to live a life free from abuse and harm, when he robbed their daughters of their mother, robbed friends and family of Suzanne's living presence in their lives - because she found strength and courage to make a stand and say what she wanted, because she said enough is enough and because she realised she deserved better than him, but if for some crazy and infuriating reason Barry does somehow end up not behind bars, he can't erase the fact that his name and face are all over the Internet, anyone searches his name there his face will be, along with his alledged crime, those documents all made public, the arrest affidavit available to read, his sleazy dinner table conversations, his fake video plea, his shiny veneers, his trash loving girlfriend, his cruel alibi of shooting chipmunks, his character assassination of his employees and so on.

Jmho

 

[al66pine]

....And a successful lawsuit to recoup some of those legal costs should he be acquitted would make this very close to the perfect crime ...

@scapa bbm sbm BM recouping (some) legal fees & costs thru a successful lawsuit?

Doubtful imo.

 

[tmar]

Your question, this is a big problem for me. I feel so disgusted by what’s happening I am struggling to stay with it

Let us remember, no matter the outcome, BM will be broke and hopefully struggling.
The enormous stress, with his lies continuing throughout his miserable life, this will surely affect his health.

 

[borndem]

Finally catching up here. Just wow.

If I didn’t know better, I’d think Salida was a suburb of Denmark. Something is definitely rotten.

Lovin' dat! Still laffing!!

 

[girlhasnoname]

We've been down this road of the unknown with so many trials before. It's emotional and unnerving to say the least, but I have and will continue to believe that BARE is going to found guilty. The Defense has NOTHING to explain the mountain of lies out of his own dumb mouth.

His actions and movements from the time he arrived at PP at 2:44 pm on Saturday clearly shows that he alone was with Suzanne.

His subsequent actions Saturday afternoon into Sunday dumping trash at 5 locations, going to his fake job and hanging out in the hotel room, and then lying about it to LE over and over shows one thing, he is a guilty man.

A woman who was constantly engaged on her phone talking with new love interest, her best friend (and participating online with her daughter's wedding the next day), her own daughters traveling home on Mother's Day went completely dark. No answered calls, texts, snapchats, nothing. She was dead and disposed of like the many other living things BARE has no regard for.

Suzanne dared to leave him, embarrass him (in his eyes), have another man, and most importantly.....take half of the $$$$$$. He would not allow that and in his twisted and demented mind, his 'God' allowed that to happen. She was not going to leave him because marriage was for LIFE. So he 'unlifed' her.

Let's not give up hope!

#Justice4Suzanne

 

[10ofRods]

He may well.

And, of course, the irony of his using the fruits of his crimes in SM's assets in order to pay for that high-end defence isn't lost on those who have followed this case since the beginning.

And a successful lawsuit to recoup some of those legal costs should he be acquitted would make this very close to the perfect crime -- complete with a pair of adoring (if uneasy) daughters and a future of endless hunting trips and steaks for two.

So while BM may indeed be dopier than Patrick Frazee he may also prove to be both more cunning, and luckier.

Is it time to introduce life sentences for voting fraud in CO?

Do you have any examples of criminal cases where that has happened? After two judges both agreed it could go to trial? I haven't, so I'm curious.

Also, does anyone know whether some of Barry's statements will be refused as evidence because he hadn't yet be Mirandized? I've seen that rumored, but I figure someone here would know for sure (if it's known at all).

 

[jakat]

Lets not give up the ghost just yet....As I have alluded to several times before (because I think this is where BM is hooked)...that 14 1/2 hours "with Suzanne" from 2:47pm Saturday until 4:30am on Sunday is inescapable. Barry claims to have put the phones on dark mode so that their romance wouldn't be bothered. However, Suzanne was an active participant in a wedding the following day and her communication was required. Also, two daughters are on a camping outing out of state. What parent would not keep the lines of communication open for them? The smell test registers "Fail". I believe a reasonable jury will see it that way also...when combined with other evidence during that time...both electronic, and Barry's own words.

Barry's own words will sink him.

 

[rainbowshummingbird]

Lets not give up the ghost just yet....As I have alluded to several times before (because I think this is where BM is hooked)...that 14 1/2 hours "with Suzanne" from 2:47pm Saturday until 4:30am on Sunday is inescapable. Barry claims to have put the phones on dark mode so that their romance wouldn't be bothered. However, Suzanne was an active participant in a wedding the following day and her communication was required. Also, two daughters are on a camping outing out of state. What parent would not keep the lines of communication open for them? The smell test registers "Fail". I believe a reasonable jury will see it that way also...when combined with other evidence during that time...both electronic, and Barry's own words.

ITA with you. The defense has out resourced, out spent, out strategized and out classed the prosecution. However, the prosecution has more power because they possess the information, the facts, the evidence, and law enforcement. Maybe I’m being naive, but I believe in the power of facts over smoke and mirrors and PR strategies.

 

[BDAJAG]

If they don't do everything they can, then they run the risk of an appeal for ineffective assistance of counsel.

C'mon...
That's just brethren appellate defense lawyers 'disparaging' fellow brethren trial defense lawyers...
So what??
Where exactly is this tally sheet on trial defense counsel who, on review, are alleged by their fellow brethren to have been "ineffective" ??
There is no such record - nor, I dare say, is there even a consequent informal sullied reputation murmur: "Oh, by the way, did you hear?...
This is because, w/o averring that trial defense counsel were " inadequate", no appellate brief can conclude. Indeed, it is the sine qua non.
Really?
Oyez! Oyez!, I cry out to the listening.
It's the world of appeals, it's the jurisprudential equivalent of "No harm. No foul." Because there IS no harm. Before the ride is over, my brothers, the shoe will be on the other foot. Next assizes.
You may take that to the bank.
PS.
Said disparaged trial DC don't care. See, if they did, they be cut out of the merry-go-round.
As always, merely my (perspicacious) opinion.

 

[Megnut]

Do you have any examples of criminal cases where that has happened? After two judges both agreed it could go to trial? I haven't, so I'm curious.

Also, does anyone know whether some of Barry's statements will be refused as evidence because he hadn't yet be Mirandized? I've seen that rumored, but I figure someone here would know for sure (if it's known at all).

I think LE was masterful -- Barry was never detained. He spoke to LE freely and, if the interviews contained in the AA are representative, Barry himself wrapped them up!

Busy B, always in a hurry, always having to get back to work.

Proving he was free to go.

JMO

 

[10ofRods]

This is the first case I've followed, and I refuse to give up hope that Barry will be judged by 12 of his peers and found guilty, I don't understand most of the legal language, not great with subtle nuance either but I feel most reasonable people will see the woods for trees. Barry places himself with Suzanne, in the time frame she literally disappears off the face of the earth never to be heard of again, never to be seen alive again - no matter how many motions and smoke bombs defence throw - give me 1 plausible reason for this to occur other than someone disappeared her, and that someone is Barry L. Morphew.
I don't like the courtroom games, truly don't care about Barry's rights - in my eyes, he lost those when he denied Suzanne her basic Human Right to live a life free from abuse and harm, when he robbed their daughters of their mother, robbed friends and family of Suzanne's living presence in their lives - because she found strength and courage to make a stand and say what she wanted, because she said enough is enough and because she realised she deserved better than him, but if for some crazy and infuriating reason Barry does somehow end up not behind bars, he can't erase the fact that his name and face are all over the Internet, anyone searches his name there his face will be, along with his alledged crime, those documents all made public, the arrest affidavit available to read, his sleazy dinner table conversations, his fake video plea, his shiny veneers, his trash loving girlfriend, his cruel alibi of shooting chipmunks, his character assassination of his employees and so on.

Jmho

In my view, we must always care about everyone's rights. And the system is designed to do that - so I hope you are not disappointed in the outcome.

I think the majority of us agree that Suzanne was trying to get away, because her life was empty and someone else (JL) was making her feel like living, like going on.

If there is one juror who is on Barry's side, I hope we can all find our way to closure by knowing that Barry's life is ruined - but personally, I'd like to see every penny he has drained from him before this is over. $500,000 has already been spent, IMO. A trial costs a lot of hours.

Most people will never read the legal documents - and Barry knows that. If he does get off in this trial, I do wonder what the heck he will do next. He needs supporters/backers to get started again - and unfortunately, I believe he may have those.

We don't like him, but some people do.

 

[10ofRods]

I’m trying to picture what the Prosecution CAN use if the Defense gets their way.

My first thought is the staged bike scene. Although some of the LE Officers cannot testify as experts, they can still just read from their reports how it didn’t appear to be an accident or abduction, right?

Then I thought about what the Defense has NOT asked to be excluded.. and I thought about the trash runs. But I guess those would fall under “ forensic evidence such as cell phone and Telematics “. ?
But still, they have surveillance photos of him at those trash cans.
And they have surveillance photos at the Holiday Inn.

Also as far as his alibi, they have LE interviews where he said he was at the job site with workers present when he got the call that she was missing. And he told witnesses the same lie. The Defense can’t suppress that, can they?
MG and JP can dispute that.

The Defense can claim all day long that there is no proof that SM is dead, but it’s only logical that that’s not true.

The Defense can ask that the Prosecution not tell the Jury to put the puzzle pieces together but they CANNOT ask the Jurors to leave their common sense at the door.

Maybe I’m grasping, but I’m hoping that the State’s case has not been hogtied.
JMO

I am hoping that the prosecution knows as much about the case as you do.

 

[MemPat]

In my view, we must always care about everyone's rights. And the system is designed to do that - so I hope you are not disappointed in the outcome.

I think the majority of us agree that Suzanne was trying to get away, because her life was empty and someone else (JL) was making her feel like living, like going on.

If there is one juror who is on Barry's side, I hope we can all find our way to closure by knowing that Barry's life is ruined - but personally, I'd like to see every penny he has drained from him before this is over. $500,000 has already been spent, IMO. A trial costs a lot of hours.

Most people will never read the legal documents - and Barry knows that. If he does get off in this trial, I do wonder what the heck he will do next. He needs supporters/backers to get started again - and unfortunately, I believe he may have those.

We don't like him, but some people do.

Barry may be able to put together a landscaping "team" again as there will always be addicts and the barely employable who dip in and out of the day-labor force looking for enough money to get by.

Financing expensive equipment and pricey repairs is going to be a problem. Would you give him a line of credit? Not I!

Where I really see him struggling is trying to build long-term business relationships among the highly respected. The Morphew name will carry the stigma of "one who disappears his wife and gets away with it", not exactly an image to be coveted. A simple Google search will undo any positive advertising he may produce.

As much as I want Barry to be convicted this first go-round, I expect there will be a hung jury (swinging heavily against him). While he awaits Trial #2 the odds of Suzanne's body showing up grow and the toll on his psyche is exacerbated. He's a criminal, a killer and if guilt doesn't mess with his head, fear will.

I swing between sitting out the trial (saving myself lots of frustration) or hanging here with you guys hoping for "Frazee Surprises".
Since hope springs eternal I imagine I'll see you here, my friends! (MassGuy, one more time let's see your numbered list of how anyone would know Barry's guilty. Such a confidence-builder!)

 

[Cindizzi]

Do you have any examples of criminal cases where that has happened? After two judges both agreed it could go to trial? I haven't, so I'm curious.

Also, does anyone know whether some of Barry's statements will be refused as evidence because he hadn't yet be Mirandized? I've seen that rumored, but I figure someone here would know for sure (if it's known at all).

I haven’t seen or heard anything about claims of BM’s rights being violated regarding Miranda.
In the Redwine trial the Defense filed many many Motions claiming that LE interviews should be suppressed, but the Court ruled that Miranda only applies if the subject is in custody and told they are not free to leave.
I believe this would also apply here to BM’s interviews and statements to LE.
JMO

https://www.courts.state.co.us/user... of Law Enforcement and D-55 Through D-81.pdf

 

[BeckyF]

Barry may be able to put together a landscaping "team" again as there will always be addicts and the barely employable who dip in and out of the day-labor force looking for enough money to get by.

Financing expensive equipment and pricey repairs is going to be a problem. Would you give him a line of credit? Not I!

Where I really see him struggling is trying to build long-term business relationships among the highly respected. The Morphew name will carry the stigma of "one who disappears his wife and gets away with it", not exactly an image to be coveted. A simple Google search will undo any positive advertising he may produce.

As much as I want Barry to be convicted this first go-round, I expect there will be a hung jury swinging heavily against him. While he awaits Trial #2 the odds of Suzanne's body showing up grow and the toll on his psyche is exacerbated. He's a criminal, a killer and if guilt doesn't mess with his head, fear will.

I swing between sitting out the trial (saving myself lots of frustration) or hanging here with you guys hoping for "Frazee Surprises".
Since hope springs eternal I imagine I'll see you here, my friends! (MassGuy, one more time let's see your numbered list of how anyone would know Barry's guilty. Such a confidence-builder!)

Please don’t leave us.