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

[Bluebythec]

In addition to the ankle monitor, I think BM is going to be the unofficial burden of Sheriff Spezze. There's this underlying problem with the area not being compatible with cellular/data and probably why no GPS monitoring device. I'm curious what he'll be wearing.

I’m wondering if he can take it off to shower? I can totally see a scenario where he takes it off supposedly to shower, puts it on MM1’s ankle and then takes off.

 

[Seattle1]

He did not put a man on the street who premeditated a capital offense, he put a man who is legally presumed innocent and for whom the prosecution did not put forth evidence that met the legal test to keep him incarcerated at this point in time. A jury gets to decide and now will decide if he is a man who premeditated a capital offense. It is not your fault, my fault, the judge’s fault or anyone else’s fault except prosecution that he will bond out.

And the prosecution was clearly prepared for BM to receive bail! There was no argument by the prosecution that BM be DENIED bail pursuant to the standard.

They could not manufacture evidence-- they presented what was provided to them by the CBI, FBI, and local investigators.

The objective was to get BM bound over for trial where he'll be judged by a jury of his peers.

 

[Seattle1]

I’m wondering if he can take it off to shower? I can totally see a scenario where he takes it off supposedly to shower, puts it on MM1’s ankle and then takes off.

How do Ankle Monitors with GPS Work?
Ankle monitors are electronic devices equipped with GPS technology. They’re strapped around your ankle and can’t be removed by the wearer. The tamper-proof bracelets must be worn for as long as the judge orders. These devices use radio frequency signals to communicate back to a monitoring station. They may be programmed to allow wearers to roam freely within a certain perimeter, and alert the monitoring station if the wearer goes outside of that area.

When defendants try to tamper with ankle monitors, these devices send a signal to the law enforcement agencies monitoring them that may eventually lead to an arrest.

When Will the Court Order a GPS Monitoring Device | Ankle Monitors

 

[fcavanaugh]

The truth hurts. Barry made many mistakes. No reasonable juror will believe the SODDI scenario. It would require two staged scenes. .

RBBM
Yes and the partial DNA match is a nonstarter and will be explained by DNA experts at trial so that the jury fully grasps and understands it’s meaningless. Besides that, to believe SODDI, yes, jurors would have to ignore the staged bike and helmet, the digital footprint of BM truck telematics and phone, his outrageous “alibi”, and the glaring fact that after BM arrived home at 2:44pm on Saturday, 5/9/20, Suzanne is never heard from or seen again. Those things alone are huge imo, and there are many other things that happened that weekend that would have to be chalked up to coincidences as well in a SODDI i.e., it just so happens SM sent an “I’m done…” text message to BM a mere 3 days prior to her murder, that both Daughters just so happened to be away that weekend, that BM just so happens to travel over 100 miles away and makes 5 trash dumps in 5 different locations in Broomfield to include dumping of tranquilizer materials and sit in a hotel room for 5 hours when he claims the whole reason he went there was to prep a job for his crew and oh btw, only spends 11-15 minutes prepping for said job, didn’t bring the bobcat, the right tools, nor materials needed for his employees to actually do the job, and also knew he wasn’t allowed to work Sunday’s; tranq dart cap found in the dryer vent; trail cams being turned off on Saturday; has neighbor call 911 to report HIS wife missing; sends two of his goons to pay MG wages and suggest she doesn’t have to turn her phone over to LE, I’m sure there are lots of other things I’m forgetting atm that would have to be chalked up to coincidence to believe SODDI, but you get the gist.

The probability of that many coincidences occurring on the same weekend his wife is murdered has to be in the very low percentages, something like 0.001% to nil would be my guess. At any rate, when looking at the totality of circumstances and evidence we know of so far, logic and deductive reasoning tells me personally everything I need to know, that the state apprehended the correct perpetrator who will be going on trial for M1 and tampering with a deceased human body in eight months. Eight more months that the state has to gather more evidence and try to locate Suzanne’s remains, which I believe is unlikely as I think she’s hidden too well but you never know. I will continue to hope and pray for a miracle that she is found.

Sure, knowing and believing is one thing, proving it BARD in a court of law is obviously another thing entirely. Having said that, I do believe the state has their work cut out for them at trial considering no body case, no smoking gun or corroborating witness/eyewitness, but I continue to have faith that the voluminous, strong circumstantial evidence that the state has against BM in addition to being able to convince the jury that BM is the only one that had the motive, means, and opportunity, that in the end, the jury will make the right decision and convict BM on all charges.

In the meantime, I can hope for a few things to happen while BM is out on bond, that he further incriminates himself, and/or screws up and gets caught doing something like trying to cut off the ankle monitor, attempt to flee the country and ends up having his bail revoked and gets sent back to the concrete cage.
I just hope he doesn’t decide to take the cowardly easy way out, pull a FD and off himself. I don’t think he will, but then again imo he’s unstable and a loose cannon, so I guess anything’s possible. *Sigh*

Looking forward to reading the AA on Monday.


All of the above IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Seattle1]

I have to believe the monitors are programmable with some form of GPS for the perimeter of the county. I don't think it's full-time GPS location data because of the pockets where there's no radio frequency service available within the county. I think this is an excellent question for an investigative reporter to pursue. I think I'll contact LS!

But my big question is: if the ankle tracker doesn't have "GPS tracking," and only goes off if Barry hits a boundary of Chaffee County, what then? How can they find him?

Surely it does transmit GPS information to a monitoring system somewhere - surely this just means that there's no one sitting there monitoring it? Does anyone know more about these things work? If Barry were to remove it, what would they know about where he was when he removed it? If he does it near a boundary to Chaffee County, he'll be long gone before they can even figure out where he is (it would help if he had an accomplice to quickly move him to a different area of Chaffee County and then out of Chaffee County).

How do Ankle Monitors with GPS Work?
Ankle monitors are electronic devices equipped with GPS technology. They’re strapped around your ankle and can’t be removed by the wearer. The tamper-proof bracelets must be worn for as long as the judge orders. These devices use radio frequency signals to communicate back to a monitoring station. They may be programmed to allow wearers to roam freely within a certain perimeter, and alert the monitoring station if the wearer goes outside of that area.

 

[CGray123]

But it's the judge, not the prosecutor, who decides if PEPG was met. That's his judgment call. So ultimately my quarrel is with the judge. And if it shows I'm biased or unknowledgeable in your view, so be it.

Respectfully, when I post an opinion it is just that. Analysis of it is not required and why that happens almost every time I post is odd.

Our fellow Websleuthers can make their own decisions about my veracity without additional help. They are very bright people!

MOO

BBM...who sometimes disagree with you, and say so!

 

[10ofRods]

I’m wondering if he can take it off to shower? I can totally see a scenario where he takes it off supposedly to shower, puts it on MM1’s ankle and then takes off.

Modern ankle monitors are waterproof and designed mostly for house arrest (so yes, the person can bathe).

For most criminals, the entire system would not work as the Court intends if the person could take the thing off themselves. They are, as mentioned above, generally not removable.

I worry that the radio signals in Chaffee County are not at all reliable though (and I find the Judge lacking in common sense in that regard - so I hope he's reading here...)

 

[Ssschu]

I'd prefer some sort of ball and chain.

Barry would just dismember and dispose of a ball and chain. Not the first time...

 

[CGray123]

We discussed the consequences of a hung jury a couple of times, but I personally have nothing but anecdotes from my friends as to how frequently hung jury mistrials happen in murder cases, and how many ultimately result in convictions either through plea agreements or trial.

There's a very old (44 years old) study of hung jury mistrials in California courts of the most populous jurisdictions. The study of felony cases of all types found:

"DURING THE PERIOD OF STUDY, A LITTLE MORE THAN 12 PERCENT OF THE FELONY CASES RESULTED IN HUNG JURIES. HUNG JURY DEFENDANTS WERE NOT VERY DIFFERENT FROM OTHER DEFENDANTS. ... THE JURIES APPEARED TO DISAGREE IN FAVOR OF CONVICTION MORE THAN TWICE AS OFTEN AS IN FAVOR OF ACQUITTAL. NEARLY TWO-FIFTHS OF ALL THE JURIES RESULTED IN AN 11-1 OR 10-2 SPLIT.... WHEN A MISTRIAL DID OCCUR, 40 PERCENT OF THE CASES WERE DISMISSED; 34 PERCENT WERE RESOLVED BY GUILTY PLEAS; AND 26 PERCENT WERE RETRIED. WHEN THERE WERE RETRIALS, 18 PERCENT WERE CONVICTED, AND 8 PERCENT WERE ACQUITTED."

I don't take Judge Murphy's decision to mean that the prosecution lacks a strong case, but since the some of us think otherwise and the possibility of a holdout juror has been raised, we should have at least some data.

@10of'Rods may have something more up to date.

 

[Skigh]

I’m wondering if he can take it off to shower? I can totally see a scenario where he takes it off supposedly to shower, puts it on MM1’s ankle and then takes off.

BM might use his daughters in many ways but I cannot see him directly involving them in a blatantly criminal offence.

 

[Love Never Fails]

He'll run out of money at some point and those 3 attorneys are going to want to be paid in advance.

But I agree, he isn't going to care how long it takes to get to trial. But until he does, he stuck in Chaffee County
.
I guess he could gnaw off one of his rear paws, like a badger.

Although, if he waits till he's right at the edge of Chaffee County to cut it off with his new bolt cutters, he'll be long gone and untrackable...

The longer they wait though, isn’t there the slightest chance of finding Suzanne?

 

[steeltowngirl]

Someone has to file something to end the guardianship.

Does the filer have to be related to Suzanne? Could a group of outraged sleuthers file to end the guardianship? I’m only half kidding.

 

[Seattle1]

Ruling expected in whether Suzanne Morphew case can go to trial | 9news.com

9/17/21

On Friday, Murphy found probable cause that Morphew might have murdered his wife and that he had motivation to do so. He also found probable cause on the other four charges.

Morphew pleaded not guilty and waived his right to a speedy trial.

The trial was set for May 3 through June 1, 2022.

Probable cause is the lowest standard of proof in the criminal justice system and is a lower standard than what's required for conviction, Murphy said.

"Is it possible Mr. Morphew would be convicted? Yes," Murphy said. "Is it fairly likely he would be convicted? ... This case could go either way in front of a jury."

He said there were three possible scenarios: Barry Morphew killed his wife, someone else killed her, or Suzanne Morphew left on her own.

The judge said that while he found probable cause that option No. 1 could have happened, option No. 2 was also possible due to DNA found in Suzanne Morphew's vehicle that was linked to sex assaults in Arizona and Illinois.

Because of that, the judge said the prosecution did not meet the high standard of evidence necessary to deny bail. He set Morphew's bail at $500,000, cash only.

On the third possibility, that Suzanne Morphew left on her own, Murphy implied that was unlikely.

The judge ordered Barry Morphew to not travel outside Chaffee County, to surrender his passport and to wear an ankle monitor. Morphew cannot post bond until noon Monday.

A motions hearing was set for 1:30 p.m. Nov. 9.

@Niner

 

[CGray123]

What will keep BM from violating the terms of his cash bond.

1. He has a large investment in his legal defense that would be undermined if he tried to flee or threatened witnesses.

2. He likes his chances at trial, and his attorneys probably have encouraged such confidence whether it's realistic or not.

3. He would immediately lose a large part of his fortune and all credibility with those not suffering from happy family delusions.

 

[gitana1]

Does the filer have to be related to Suzanne? Could a group of outraged sleuthers file to end the guardianship? I’m only half kidding.

I am not certain!

 

[Quiet Time]

I'd prefer some sort of ball and chain.

LOL!

Isn't there some kind of limit as to how far you are allowed to venture with those ankle monitors?

I'm thinking he may just want to go check up on a body somewhere?
Hope they're watching him like a hawk.

jmo

ETA: i see mentioning above by Seattle 1

 

[Megnut]

I’m wondering if he can take it off to shower? I can totally see a scenario where he takes it off supposedly to shower, puts it on MM1’s ankle and then takes off.

Nah. Not when he can use a standard doe for the same purposes. Or his best friend. Here, Kitty Kitty.

Or maybe Barry will suddenly comply with the law.

Odds of that? IMO 0 00.

JMO

 

[Megnut]

BM might use his daughters in many ways but I cannot see him directly involving them in a blatantly criminal offence.

Welp. Unless we count securing guardianship over a dead person he may have murdered.

Didn't his own attorney point out that the murder did not happen on the 6th? Which suggests it happened on a day that wasn't the 6th. Which does include the 9th and 10th.

And didn't Barry himself say she was gone and not coming back? Eaten in whole by a Mountain Lion? Which by the way I have not ruled out. (He may indeed have been tracking and perhaps even baiting one for a very long time. He might know exactly how long it would take a Mountain Lion to decimate a 110-pound dear, I mean deer.)

In any case, I hope there are serious protections in place to prevent a guardian from spending Suzanne's money while she is "incapacitated" and especially on bail and retainers for a Murder 1 charge, incapacitating her in the first place.

We never met Suzanne but we ALL know where she'd like her money to go. And it's not to him.

JMO

 

[sk716]

Drive himself close to a border, find a way to bypass the GPS on the monitor, swap vehicles and he's off in Mexico or Ecuador, never to be found again..
Too easy.

For the record, we have extradition treaties with every country on the American continent right now and most of Europe and Oceania as well. He would have to run to Asia or Africa and not one of the first world nations. Mexico being Mexico, though, he could be there for decades and they wouldn't notice unless the FBI went after him, they certainly wouldn't notice him heading further south. The same holds true for the rest of Latin and South America. Canada and Europe would snatch him up and send him back.

I believe he is a flight risk and I am concerned for the safety of his daughters. If I lived in CO, I think I'd start putting together another search. I can't climb mountains and hike anymore or I might be trying to make plans. The only way to make sure he can't get away is to find the body.

 

[Momofthreeboys]

From the locals that have also been attending the hearings, it seems that most were of the opinion of when BM would be arrested, and not if. However, I don't know if the revelation of SM's affair changed some to think this was a crime of passion and not premeditated murder. I don't get the feeling anybody believes he's innocent.

MOO

Probably no body local that would go to the courthouse think he is innocent. I think he will be left alone as he was the year after she went missing with the exception of some occasional paparazzi and it will take them awhile to figure out where he is living.