Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #82

[Ontario Mom]

Let this sink in.

Barry is still Suzanne's legal guardian.

I find that gross.

JMO

I've wondered about that ever since he was charged with her murder. It certainly seems to present a GREAT conflict of interest to allow someone to retain legal guardian status over the very same person they've been charged with murdering. I can't see how that's even legal, in any sense. Maybe @Alethea or @gitana1 can shed some light on that?

 

[Love Never Fails]

What a rollercoaster this hearing has been.
The most important thing is that BM is bounded over for trial on the charges of Murder 1 and tempering with SM’s body. I wonder what will become of the charges of trying to influence a civil servant?

He will get out of jail for now, and has to face the storm of the information coming out by releasing the AA. That will be at least uncomfortable in his day to day life.

I too agree with those who noted his support will dwindle after that, because 1,2,3 strange things can be explained, but if it becomes too many, it will get harder to believe in him. IMO the AA will open many people’s eyes.

There is also the fact that a lot of people doesn’t understands what a partial DNA match is and no doubt, that will be explained by an expert witness at the trial. This was a missed chance by the prosecution team and well played by the defense to make the prosecution difficult to present all of their evidence and witnesses proposed before the hearing.
BM’s defense team seams worth their money so far.

I don’t think we need to worry. At the trial real experts will testify, not simply LE officers who read the experts’ report. The defense team can’t play the same game of asking questions of the wrong person for too long as the real experts will testify to help interpret their own report.

I do have faith that in the meantime BM will be BM and will say and do things which will come back to bite him. 8 months is a long time.

Can’t wait ‘till Monday.

Many thanks again @NoSI for being the boots on the ground. It’s very much appreciated.

At trial the defense will have real experts too. Paid very well.

 

[Love Never Fails]

I’m sorry the prosecution didn’t present a stronger case in the PH, if they could have. They didn’t reach the level of proof evident… in the judges eyes, so the Judge followed the law and set a reasonable bail, based on info he had. That is the way it’s supposed to work. The prosecution should have presented a stronger case IMO. Even they thought so and added the part about removing the game cameras in their statement yesterday. That should have been in the PH as well.

I feel they should have put more work into the ph. It was disjointed, didn’t flow well. Very limited. It just didn’t feel right. we can add it all up but I still believe the judge was right about PEPG.

 

[Love Never Fails]

DBM. Double post.

 

[DetectiveFoyleWannabe]

Maybe someone has mentioned this already but based on the suicidal threats as well as BM’s threats stating that he would cut the b$&ls off of any “other man” and “stuff them down his throat” this judge should be held accountable if 1) Barry offs himself a la Fotis Dulos or 2) maims or kills someone else such as JL or the other key witnesses or 3) both in a murder suicide rage. I think the state’s evidence could have been stronger in some ways at the PH but it’s pretty clear BM is unstable and capable of planning murder so this judge really is speaking out of both sides of his mouth and seems overly concerned with BM’s attorneys crying unfair treatment. News flash for you Judge, they are going to do that no matter what. You have a duty to protect witnesses and the public. MOO.

 

[DetectiveFoyleWannabe]

I feel they should have put more work into the ph. It was disjointed, didn’t flow well. Very limited. It just didn’t feel right. we can add it all up but I still believe the judge was right about PEPG.

It’s almost like they intentionally withheld some things that they wanted to wait to introduce at trial. But that backfired in my opinion.

 

[MrsWatson]

So where is Barry going to live? Is GD going to put him up? Are the girls in Gunnison? Will a condo association be okay with having a man awaiting trial for murder renting/owning in their complex? I wonder if he regrets dumping PP, where he could have roamed and moved rocks around with his bobcat all day long.

Isn't the woman who went with BM and the daughters to MX local to Salidas? Is she one of his video visitors at the jail?

 

[susiQ]

Isn't the woman who went with BM and the daughters to MX local to Salidas? Is she one of his video visitors at the jail?

Perhaps also to be his future “roommate” come Monday, seeing he is not allowed to relocate to Gunnison?

Very disappointed that he’s getting out, but taking some solace in the fact that he spent 4+ months in jail. OTOH it gave him plenty of time to ruminate on what he could do once he gets out. He’s one sick man and I wouldn’t put anything past him.

 

[DeDee]

If the Prosecution had presented a bit more evidence that goes toward premeditation, I'd be pleased.

Their standpoint is that everything began with Suzanne's text: "I'm done." That text was on Monday prior to MD. Yes?

When was the daughters' trip first established? They departed on Wednesday. Yes?

Was the idea for their trip initiated on Monday or well in advance?

I believe MM2 was in a panic when she wasn't able to reach her mother on Sunday. Perhaps dreadful thoughts were considered while knowing her mother was home alone with zero protection from Barry's cunning and merciless ways.

Suzanne would have been thrilled to learn MM1 had garnered the job she wanted but only silence came from her mom.

I am eager to read details about the plans for their trip being made that isolated Suzanne that formidable weekend. Who stalks, preys and kills their children's mother on Mother's Day weekend?

#FindSuzanne

 

[CGray123]

I think $500,000.00 is about all the cash BM can scrape up after buying a new truck, vacationing in Mexico, otherwise living well for a year, and then paying two top tier law firms to represent him through a four-day hearing. In fact, it may be that he doesn't have it and has to rely on family. I don't know how wealthy they are. BM loses everything for himself and his family if he steps out of line on the bond conditions.

So, I think the judge once again scrupulously followed the law on bond setting, which is:

Section 16-4-103, Colorado Revised Statutes

§ 16-4-103. Setting and selection type of bond - criteria

(1) At the first appearance of a person in custody before any court or any person designated by the court to set bond, the court or person shall determine the type of bond and conditions of release unless the person is subject to the provisions of section 16-4-101.

(2) If an indictment, information, or complaint has been filed and the type of bond and conditions of release have been fixed upon return of the indictment or filing of the information or complaint, the court shall review the propriety of the type of bond and conditions of release upon first appearance of a person in custody.

(3) (a) The type of bond and conditions of release shall be sufficient to reasonably ensure the appearance of the person as required and to protect the safety of any person or the community, taking into consideration the individual characteristics of each person in custody, including the person's financial condition.

(b) In determining the type of bond and conditions of release, if practicable and available in the jurisdiction, the court shall use an empirically developed risk assessment instrument designed to improve pretrial release decisions by providing to the court information that classifies a person in custody based upon predicted level of risk of pretrial failure.

(4) When the type of bond and conditions of release are determined by the court, the court shall:

(a) Presume that all persons in custody are eligible for release on bond with the appropriate and least-restrictive conditions consistent with provisions in paragraph (a) of subsection (3) of this section unless a person is otherwise ineligible for release pursuant to the provisions of section 16-4-101 and section 19 of article II of the Colorado constitution. A monetary condition of release must be reasonable, and any other condition of conduct not mandated by statute must be tailored to address a specific concern.

(b) To the extent a court uses a bond schedule, the court shall incorporate into the bond schedule conditions of release and factors that consider the individualized risk and circumstances of a person in custody and all other relevant criteria and not solely the level of offense; and

(c) Consider all methods of bond and conditions of release to avoid unnecessary pretrial incarceration and levels of community-based supervision as conditions of pretrial release.

(5) The court may also consider the following criteria as appropriate and relevant in making a determination of the type of bond and conditions of release:

(a) The employment status and history of the person in custody;

(b) The nature and extent of family relationships of the person in custody;

(c) Past and present residences of the person in custody;

(d) The character and reputation of the person in custody;

(e) Identity of persons who agree to assist the person in custody in attending court at the proper time;

(f) The likely sentence, considering the nature and the offense presently charged;

(g) The prior criminal record, if any, of the person in custody and any prior failures to appear for court;

(h) Any facts indicating the possibility of violations of the law if the person in custody is released without certain conditions of release;

(i) Any facts indicating that the defendant is likely to intimidate or harass possible witnesses; and

(j) Any other facts tending to indicate that the person in custody has strong ties to the community and is not likely to flee the jurisdiction.

(6) When a person is charged with an offense punishable by fine only, any monetary condition of release shall not exceed the amount of the maximum fine penalty.

 

[Skigh]

Perhaps also to be his future “roommate” come Monday, seeing he is not allowed to relocate to Gunnison?

Very disappointed that he’s getting out, but taking some solace in the fact that he spent 4+ months in jail. OTOH it gave him plenty of time to ruminate on what he could do once he gets out. He’s one sick man and I wouldn’t put anything past him.

I still have not quite come to terms with BM being given bail. Trying to think of some positives.
At least the charge has not been down graded to murder 2.

I hope the Daily Mail stalk him and provide pictures and updates about his movements.

 

[DizzyB]

I am curious as to why the state did not bring up Barry removing the trail cams when he was supposedly looking for MM1’s turkey, early on May 9. This, to me, was a strong component for premeditation. Did the state feel that the defense could have picked that detail apart, so they did not introduce it during the PH?

I hope Barry has a very difficult year ahead. I’m guessing he is essentially out of business, and will not be able to work for himself until he gets the proper insurance again-not that it hasn’t stopped him before. His beloved bobcat will have to be brought back from Indiana, but not by him because of the travel restriction. Who will hire Barry? Between the lawyers and bond and not working, he may blow through a ton of money. Suzanne isn’t here to spend it, and her heirs seem to be okay with Barry having it. I’d be fine with penniless Barry.

 

[DizzyB]

TS came to support Barry.

 

[CGray123]

I’m sorry the prosecution didn’t present a stronger case in the PH, if they could have. They didn’t reach the level of proof evident… in the judges eyes, so the Judge followed the law and set a reasonable bail, based on info he had. That is the way it’s supposed to work. The prosecution should have presented a stronger case IMO. Even they thought so and added the part about removing the game cameras in their statement yesterday. That should have been in the PH as well.

It was a big challenge to fit the evidence for PC into four days. The prosecutors will be able to do a lot more in four weeks.

IMO, there is no meaningful standard for PE/PG. My guess is that the judge believes a guilty verdict is not certain, so he can't presume BM will be found guilty and has to set bond. I need to know more about the alternative scenario(s) he thinks the prosecutor may not be able to overcome. Can anyone help with that?

 

[Gardenista]

It would be SO helpful if the guy with the partial DNA is arrested between now and the trial.

 

[Love Never Fails]

TS came to support Barry.

They’ve been friends a long time. And you have to imagine how devastated TS was to learn of Suzanne’s affair. All the reasons why are probably just background noise to him. He is supporting his friend. We don’t know how all this will turn out.

 

[nyvictoria]

Excluding bail, can anyone hazard a guess as to what is this defense is going to cost Barry?

 

[Ontario Mom]

So where is Barry going to live? Is GD going to put him up? Are the girls in Gunnison? Will a condo association be okay with having a man awaiting trial for murder renting/owning in their complex? I wonder if he regrets dumping PP, where he could have roamed and moved rocks around with his bobcat all day long.

I wondered the same. He's sold his home, and his business, and hired top shelf lawyers to burn through the 3 mil he claims he doesn't have. I suppose he likely has the resources to rent somewhere, since the condition of his bond is remaining in Chaffee county. Either way, unless he keeps his head down and keeps a low profile, living in the county will not be pleasant for him.

 

[waldojabba]

TS came to support Barry.

I believe TS has been an on and off again poster in different social media groups. I understand how he would support his friend as he has never seen or experienced the behavior in Barry rendering him capable of murder. What I would really like to know though is how does he logically explain away all the evidence ? Who does he think is responsible ? Just my thoughts

 

[swedeheart]

TS came to support Barry.

Now, that's what you call a ride or die.

I'd still sleep with one eye open if I was him. Suzanne probably never dreamed Barry would ever hurt/kill her, either.