Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #80 *arrest*

[sk716]

Catching up. Sounds like Barry may have been putting on a performance with his swan dive on the bluff. ‘Look there, not here’ move by him, and not likely she’s buried there.

I had already started digging to find the bluff location. Someone mentioned White Pine. There is this about 11 miles west of Maysville. The White Pine Mine is near Garfield, Colorado. Historically the site has been associated with the Tomichi Mining District which is now part of the Gunnison National Forest. https://thediggings.com/mines/usgs10191582

More disturbing, it appears to be near this place, noted this way in the link:
White Pine Cemetery

Cemetery
A place or area for burying the dead.

White Pine Cemetery Topo Map in Gunnison County, Colorado

There are a LOT of abandoned structures on that side of the mountain. All the more reason that I too think it was Barry putting on a show.

 

[sk716]

New visual aid showing Whitepine, Bald Mountain, Monarch North (unmarked) & South, and Pahlone in relation to the Puma Path home.

 

[sk716]

I thought he layed down on old Monarch Pass.

Old Monarch Pass doesn't look right. There is an Original Monarch Pass (you could not make this stuff up) on the western most side of the ski area, to the north west of Old Monarch Pass. Original Monarch Pass looks similar in sat view, but the street views are all under several feet of snow.

In the interview, it is referred to as White Pine. There is a small town called Whitepine on the west side of Bald Mountain, @steeltowngirl found a White Pine Mine with coordinates to the same valley.

I think it's a misdirect, but worth the due diligence.

 

[Pink2017]

It is frightening that Garrison coukd be out and about in 2024....only in his 70's. The victim's three daughters must be petrified at that thought.

With the rocky terrain in Colorado....is it possible there is soil 6 feet deep at PP that BM may have dug through ....easily depositing SM........with a giant rock plopped on top?
Before purchase of PP photos compared to May 10, 11,12 etc. PP photos would sure help figure out which rocks (or trees) are new.

MOO

10 more days.........

It's sounds too close to the truth...you provided a very solid picture, IMO, oh the secrets of the Colorado terrain....thanks for the countdown

 

[waldojabba]

Was the bolded line below ever tweeted during the PH? Or is it untrue or sloppy reporting? Even the article title says he found her texts. I don’t recall that. Anyone else?

Suzanne Morphew had been exchanging texts, selfies and audio messages with an alleged lover before she vanished last year, prosecutors said Monday. They allege that her husband discovered the communications and killed her in a rage.

Colorado dad charged with murdering wife found her texts with lover, prosecutors say

IMO just sloppy or perhaps sensational reporting - I have not seen any of it corroborated by the orig reporter or elsewhere

 

[steeltowngirl]

IMO just sloppy or perhaps sensational reporting - I have not seen any of it corroborated by the orig reporter or elsewhere

Thanks, I thought maybe I had missed something. It’s weird, because the article is bylined by Carol McKinley and we had her PH tweets. I don’t recall her (or any reporter) saying that Barry found her texts and that was his motive. Ugh. We need that AA.

 

[Scootie98]

LS says in the video (timestamp 32:07)

Barry called Suzanne 11 times at 2:26pm on Sat May 9th (in our timeline as the morning) and at 2:39pm JL texted SM "my gang is home" to which there was no response. I haven't finished watching yet to see if there are any other differences.

Post #722 by OldCop.
Thread #75

I wonder where Barry was when he made those 11 calls to Suzanne? Possibly right outside the home out of view?

 

[Charlot123]

He’s a hot mess that’s for sure!

JMO

I think he is organized, given that no one can find the body so far! He got rid of evidence pretty efficiently.

 

[Puzzles8]

While sifting through articles, I ran across one with some interesting information - what happened to SM's ring. I feel it speaks to the acrimony of their relationship and perhaps Barry's need for cash.

"While Suzanne’s phone has not been found, investigators were able to recover documents from her iCould account. One of those documents was a list Suzanne made on May 8, entitled “grievances.” It included notes like “wedding ring,” which Barry allegedly took and melted at some point."
Prosecutors Outline Barry And Suzanne Morphew's Movements On Days Around Her Disappearance

JMO

 

[CGray123]

So we can expect to see consultation with both daughters.

The way I read the CO VRA is that only the daughters would qualify (unless Suzanne had set up a will leaving some of her estate to her siblings or other relatives). I find it highly improbable that Suzanne did that.

Suzanne's siblings would also be defined as "victims" under the VRA and therefore entitled to be notified, present and heard regarding any proposed acceptance of a plea agreement, among other listed events, including setting of bond. Here's the pertinent language of section 24-4.1-302 (5) BBM:

"(5) 'Victim' means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative.  For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated.  It is the intent of the general assembly that this definition of the term 'victim' shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term 'victim'."

 

[Seattle1]

I wonder where Barry was when he made those 11 calls to Suzanne? Possibly right outside the home out of view?

I think he was probably pacing the shop floor at DSi -- wondering why the heck SM was not picking up! Can't you just see him huffing and puffing?

ETA: Yep. BM calling SM at 2:26 pm -- arriving PP at 2:43 pm. And DSi to PP is only about 10-11 miles straight shot down US 50. MOO

 

[SeattleStew]

I think he was probably pacing the shop floor at DSi -- wondering why the heck SM was not picking up! Can't you just see him huffing and puffing?

Well, if we're good boys and girls and brush our teeth before bedtime, and say our prayers, we will get to see for ourselves!

From @oviedo and @OldCop's brilliant timeline:

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #72 *ARREST*

ETA: At 1:55 p.m. door opens at DSI and there is surveillance video as well. At 2 p.m. BM was getting his blade replaced on his bobcat on Saturday, May 9.

 

[CGray123]

Yet - stepbrother has Barry carrying an entire elk.

Suzanne weighed about 100 pounds, maybe a little more. I believe Barry had an ATV with a game trailer, but I'm not sure he needed it for body disposal (MOO). He could surely have carried her on his shoulders - although I agree with you that it wasn't up to the top of a mountain.

If he did premeditate this crime, he thought about where he was going to put her and how to carry her. Since I believe she was alive when he took her to her final resting place, he would not have to worry about rigor mortis.

A full body game bag of proper construction is designed to be slung over a person's back. If Barry could indeed haul even half of an elk at one time on his back, he surely could haul Suzanne.

If a witness described BM carrying an elk, it may have been a calf.

According to the Forest Service:

"Elk are the second largest members of the deer family. Adult male elk, referred to as bulls, attain their largest size at 7 years old. Once fully grown, a bull elk averages 5 feet tall at the shoulders and can weigh between 700 and 1100 pounds. Female elk, known as cows, weigh between 500 and 600 pounds, and stand an average of 4.5 feet at shoulder height."

The world record in the deadlift is 501 kg or about 1,100 pounds. So, it's conceivable BM could lift a mature elk if he's a competitive weightlifter, but I have seen nothing to suggest he could carry it any distance.


That said, the point is well made that big strong BM could carry a 100-pound woman a fair distance.

 

[Seattle1]

Suzanne's siblings would also be defined as "victims" under the VRA and therefore entitled to be notified, present and heard regarding any proposed acceptance of a plea agreement, among other listed events, including setting of bond. Here's the pertinent language of section 24-4.1-302 (5) BBM:

"(5) 'Victim' means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative.  For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated.  It is the intent of the general assembly that this definition of the term 'victim' shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term 'victim'."

Thanks, @CGray123 for the emphasizing reminder. I'm afraid that that Judge Murphy's comments for delaying the public release of the AA, slanted towards protecting the minor and adult children of the victim from harassment, confused the intent of the general assembly when drafting the VRA-- so many years ago. MOO

 

[Love Never Fails]

I think he was probably pacing the shop floor at DSi -- wondering why the heck SM was not picking up! Can't you just see him huffing and puffing?

I just can’t comprehend calling someone 11 times in that time span! She could have been showering, gardening, taking a walk, whatever. I mean once every 30 minutes for a desperate person would work. But 11 times just speaks of a controlling jealous nature. I think In defiance I would ditch my phone and buy a gun for protection. But that’s just me. Between his tracking her and being her ATM, he is just scary.

eta: his daughters and their future husbands/partners can be grateful he will be locked up.

 

[Seattle1]

I just can’t comprehend calling someone 11 times in that time span! She could have been showering, gardening, taking a walk, whatever. I mean once every 30 minutes for a desperate person would work. But 11 times just speaks of a controlling jealous nature. I think In defiance I would ditch my phone and buy a gun for protection. But that’s just me. Between his tracking her and being her ATM, he is just scary.

eta: his daughters and their future husbands/partners can be grateful he will be locked up.

Very characteristic of narc behavior. And because they are so hypersensitive, the narc would be highly offended if the target answered in a huff!

How does a narcissistic person behave?
Narcissistic personality disorder involves a pattern of self-centered, arrogant thinking and behavior, a lack of empathy and consideration for other people, and an excessive need for admiration. Others often describe people with NPD as cocky, manipulative, selfish, patronizing, and demanding.

Narcissistic Personality Disorder - HelpGuide.org.

 

[Megnut]

Thanks, I thought maybe I had missed something. It’s weird, because the article is bylined by Carol McKinley and we had her PH tweets. I don’t recall her (or any reporter) saying that Barry found her texts and that was his motive. Ugh. We need that AA.

It may be a juxtaposition. Because didn't we learn that Barry had seen some texts (maybe in Mexico when he took her phone but that's just my conjecture) LLP and that's what prompted Suzanne to use LinkedIn and WhatsApp. So yes, as I recall it, Barry DID see some texts in the past but there's no data so far proving he was seeing her texts in real time on 5/9.

JMO

 

[Megnut]

If Barry gutted an elk, maybe he could carry it.

I think Barry spent a great deal of time tracking and baiting a mountain lion.... maybe at first for poaching and later to frame him.

Barry says he's a hunter, but I think he's not. He's just a killer.

JMO

 

[CGray123]

you locals who know Colo law. Is it correct that conversations either girl may have had with E&N and their agents are not protected and at trial, the prosecution may ask who said what to whom?
Next, did MM1 shoot that alleged turkey with the illegal short rifle!

1. The short answer is that communications from E&N staff to the daughters would not be covered by attorney client privilege.

The attorney client evidentiary privilege is statutory in Colorado, and very limited (see § 13-90-107. Who may not testify without consent--definitions.)BBM

" (b) An attorney shall not be examined without the consent of his client as to any communication made by the client to him or his advice given thereon in the course of professional employment;  nor shall an attorney's secretary, paralegal, legal assistant, stenographer, or clerk be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in such capacity."

IMO, this privilege would not apply to conversations between the daughters and BM's attorneys.

Lawyers in Colorado are bound by the Colorado Rules of Professional Conduct, including Rule 1.6 Confidentiality of Information. This is broader than the evidentiary privilege, but still does not cover conversations with individuals who are not in an attorney-client relationship with E&N. (BBM):

"Client-lawyer Relationship

As amended through Rule Change 2021(3), effective March 29, 2021

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1) to prevent reasonably certain death or substantial bodily harm;

(2) to reveal the client's intention to commit a crime and the information necessary to prevent the crime;

(3) to prevent the client from committing a fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;

(4) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;

(5) to secure legal advice about the lawyer's compliance with these Rules, other law or a court order;

(6) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;

(7) to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information is not protected by the attorney-client privilege and its revelation is not reasonably likely to otherwise materially prejudice the client; or

(8) to comply with other law or a court order.

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."

Here's an explanation of the reason for the differences, and the confusion that often results, from the Supreme Court's Office of Attorney Regulation:

"A mistake we see again and again in this office is that lawyers confuse their obligation of confidentiality under Rule 1.6 with the separate evidentiary attorney-client privilege. In motions to withdraw, in emails to third-parties, in casual conversations, or in responding to online reviews, lawyers get in trouble because they do not understand that Rule 1.6 is much broader that the attorney-client privilege.

Misconception Number One. There is no exception for information in public records. See Colorado Formal Ethics Opinion 130 (approved April 3, 2017). Maybe no other single misconception brings more calls to our office related to confidentiality. Just because something is in the public record does not mean that it fits within an exception to Rule 1.6.

Misconception Number Two. Even if information has been reported in the media, a lawyer may not disclose it. Id. There is no media exception under Rule 1.6. The 'generally known' exception for former clients is found under Rule 1.9(C)(1) and is not the same. A lawyer is obligated to not reveal information relating to the representation of a client except as permitted by Rule 1.6.

These misconceptions seem to come from a misunderstanding that Rule 1.6 is the same as the evidentiary privilege.

The attorney-client privilege is an evidentiary privilege and refers to what an attorney may not testify to without the client’s consent. C.R.S. § 13-90-107(1)(b). That includes communications made by the client to the attorney or the attorney’s advice to the client in the course of his professional employment. An attorney’s obligation of confidentiality under Rule 1.6 extends far further.

The rule of confidentiality applies 'not only to matters communicated in confidence by the client, but also to all information relating to the representation, whatever its source.' Rule 1.6, Comment [3] (emphasis added). That is a large category of information and the Rule requires that attorneys not reveal such information except as permitted by the Rule. The exceptions are narrow and a lawyer should be carefully review them when revealing ANY information about a client."

More than you ever wanted to know about attorney client privilege (unless you are nerd like me).

2. I have no idea whether MM1 actually shot a turkey, or if so, what weapon she used. However, as hunters both she and her father would know that use of any rifle to shoot turkeys in the spring season is illegal.

 

[Megnut]

While sifting through articles, I ran across one with some interesting information - what happened to SM's ring. I feel it speaks to the acrimony of their relationship and perhaps Barry's need for cash.

"While Suzanne’s phone has not been found, investigators were able to recover documents from her iCould account. One of those documents was a list Suzanne made on May 8, entitled “grievances.” It included notes like “wedding ring,” which Barry allegedly took and melted at some point."
Prosecutors Outline Barry And Suzanne Morphew's Movements On Days Around Her Disappearance

JMO

I think the objection may have been about HIS ring, that he didn't wear it. Meling it down was probably his explanation. Which means it might not have been true! He's wearing a ring in the infamous shoelace tying photo shortly after Suzanne "dsappeared". To little, too late but not too soon?

JMO