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

[Seattle1]

The partial DNA is smoke and mirrors by the defense. It hit as a minor partial on three people in CODIS but literally 1000's of people not in a crime database. It was probably a guy who changed the oil or vacuumed the floor the last time she had it serviced.

The benefit of the prelim is the prosecution knows the defense will ride this minor partial DNA until the wheels fall off! We know that's all that they have to create doubt (confusion) with one juror!

The prosecution knows they will have to make "partial DNA" crystal clear to the jury. Clear enough for that single juror that wonders if it was perhaps some other dude that killed SM, will not have any doubt.

I remain confident that minus the DNA, jurors will not accept it was a mere coincidence that SM told BM she wanted to end their unhealthy relationship and vanished from the face of the earth 3 days later. Not a coincidence that a means to disable SM was located inside her clothes dryer. Not a coincidence that her bike was planted in a ravine near her home. That BM concocted a job on Sunday. And that's just a start. MOO

 

[Momofthreeboys]

Yea, I know

but, he is a twonk who appears to think he's above everything, so I wonder if his ginormous misplaced would think its a good idea

No real evidence to support that he or anyone in those families are are media hungry.

 

[susiQ]

I agree with you, I think the state's biggest problem is that the alternative theory for Murder 2 would be very plausible to a jury. A husband walking in on his wife of many years sending bikini pictures to another man is a Lifetime Murder Mystery plotline. I think the challenge will be convincing the jurors that this was planned before he walked in on her texting. It will be interesting to see if the defense is going to stick with the idea that he has no idea what happened or if they will directly address some type of heat-of-passionate explanation to help the jurors away from Murder 1.

I think the state needs to spend this time walking through a very smooth, very comprehensive theory. The presentation can't be disjointed or haphazard. They need the story to flow enough for the jurors to truly believe them that this is exactly what happened.

RBBM
THIS is the key! Iirc, our very own @10ofRods took the time to do just that! I’m not very adept at finding previous posts but perhaps she could repost it for us. Might help the prosecution if they read it! JMHO

 

[Hoss569]

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.

BBM, ITA. The defense is pretty smart and they are going to keep adding vacuum's to that known $3 mil. They brought in another attorney already, certainly be some high paid witnesses. He still has other charges to have an attorney take care of. He has a daughter to set up a fund for or take care of. He has to provide for himself, etc.

Is he completely out of the business he had or is it dissolved? Their could be outstanding contracts and suits with that business as well. IMO I think he will short of cash come May and we will see some requests for him to earn money. He is already educating himself about living off the land, either because he knows he will have nothing or he plans on disappearing.

With his net worth out in the public now; hopefully one of his new girlfriends was paying attention to that sum...

Just my thoughts and my opinions...

 

[Hoss569]

BBM, ITA. The defense is pretty smart and they are going to keep adding vacuum's to that known $3 mil. They brought in another attorney already, certainly be some high paid witnesses. He still has other charges to have an attorney take care of. He has a daughter to set up a fund for or take care of. He has to provide for himself, etc.

Is he completely out of the business he had or is it dissolved? Their could be outstanding contracts and suits with that business as well. IMO I think he will short of cash come May and we will see some requests for him to earn money. He is already educating himself about living off the land, either because he knows he will have nothing or he plans on disappearing.

With his net worth out in the public now; hopefully one of his new girlfriends was paying attention to that sum...

Just my thoughts and my opinions...

Oh and teeth treatments are not cheap, for that matter neither is health insurance for his family.

 

[Seattle1]

Agreed, his 'religion' wouldn't allow him to commit the ultimate sin of suicide IMO, and you know BM likes to spin the tale of being just a Godly, good ole' family man.

I don't think BM would do a Fotis, but I do think he'd plan to flee and he definitely has the money and resources to do it.

What a slap in the face is it that $$$ made from the sale of PP is probably financing his very pricey defense?!

MOO

Indeed. And just like the $500K bail serves as a constant reminder of his wife's inheritance from her own mother that SM hoped would afford her to start her life over apart from BM.

 

[susiQ]

I can’t imagine why, but I can’t get this song from the Mamas and Papas out of my head….

Monday Monday,
So good to me! ….

I’m not sure I’d be this excited if the Defence wasn’t so invested in keeping the AA sealed!

 

[sk716]

The benefit of the prelim is the prosecution knows the defense will ride this minor partial DNA until the wheels fall off! We know that's all that they have to create doubt (confusion) with one juror!

The prosecution knows they will have to make "partial DNA" crystal clear to the jury. Clear enough for that single juror that wonders if it was perhaps some other dude that killed SM, will not have any doubt.

I remain confident that minus the DNA, jurors will not accept it was a mere coincidence that SM told BM she wanted to end their unhealthy relationship and vanished from the face of the earth 3 days later. Not a coincidence that a means to disable SM was located inside her clothes dryer. Not a coincidence that her bike was planted in a ravine near her home. That BM concocted a job on Sunday. And that's just a start. MOO

We've come a long way from OJ. A dozen procedural television shows in prime time have been explaining DNA to the masses. By now, I think most people are aware that their phones can easily be tracked. I have confidence that a jury will understand that evidence. I'm not sure they know that their cars are doing the same things as their phones, but as long as they have a cellphone, it should be easy enough to get them to understand the truck data.

I don't find any fault with the prosecutions presentation, I wish they had fought harder to get a higher bail. The defense went out of their way to turn the PH into a circus, I think we can expect more of the same for the trial. Provided he gets to trial.

 

[nyvictoria]

One of E&N's clients was quoted in a story about his case that his legal bill was more than $400k. His case was not complex -- a bad decision to take to the grand jury for charges where the jury found the defendant not guilty quicker than his attorneys could finish their lunch. MOO

So, Barry is looking at a huge bill for them to take him through trial. What a shame. He may be indigent by the time they get to trial, unless his pals are looking to donate to the defense fund.

 

[nyvictoria]

What are the chances BM may give interviews about how innocent he is and how LE messed up from the start?

Slim to none. He’s barely spoken out this far and his attorneys will see to it that he stays quiet.

 

[DeDee]

I'm not concerned about the partial DNA matches on the RR glovebox. I pray detectives are tracking down the SA individuals in order to establish they were hundreds of miles away, at the time of the crime.

It's the unidentified DNA on the bike's handlebars that are quirky. Is there no way the DNA belongs to the bike mechanic? He assembled the bicycle for Suzanne and the week of her death, she had him replace the tires.

It seemed too soon for replacing tires on a fairly new bike yet maybe the trails she rode were harsh on the rubber.

 

[rainbowshummingbird]

Slim to none. He’s barely spoken out this far and his attorneys will see to it that he stays quiet.

On the rare occasions he did a phone interview, spoke with TD, and taped his 26 second Facebook plea it only made him look dumb and guilty.

I’m betting he won’t say anything more.

 

[Seattle1]

Ha - I almost always have more to say, right?

Colorado's practice of "lesser included charges" is designed to help those hung juries. If the jury is deliberating after instructions about Murder One and they are deadlocked with, say, 3 jurors saying nay, then the Judge is likely to given them instructions for Murder Two (both kinds). That often helps the jury reach consensus, because it's still murder, it's still a stiff sentence, and the people who think it's Murder One can be persuaded, hopefully, that the consensus will work.

I personally am not all that optimistic about Murder One charges in this case. I see that the prosecution is strongly pushing the "May 6th" beginning for the premeditation, but I still think Barry was in the process of finding out about JL (which he denied to LE - but heck, Barry is a lying liar - he can change that statement to his defense team). He reads her journals, he sees some photos, and some of them are nudes, he may even have grabbed her phone from her as she was sexting.

I wouldn't be surprised if the defense comes round to that line, once they see he's going to be convicted for her death in some fashion.

^^bbm

I'm recalling the E&N defense team at their first motions hearing in July where they actually tried to bargain BM's charges dropped to 2nd- degree murder in exchange for the state's alleged discovery violations -- this after having been retained only two weeks earlier! Is it any surprise they offered their own version of the AA for release to the public? I think not! I'm going to refrain from opining what I think his defense might do to push 2nd degree until after reading the AA.

MOO

 

[Momofthreeboys]

^^bbm

I'm recalling the E&N defense team at their first motions hearing in July where they actually tried to bargain BM's charges dropped to 2nd- degree murder in exchange for the state's alleged discovery violations -- this after having been retained only two weeks earlier! Is it any surprise they offered their own version of the AA for release to the public? I think not! I'm going to refrain from opining what I think his defense might do to push 2nd degree until after reading the AA.

MOO

Oh they will be aggressive. I don’t doubt that for one second. They know what they are doing. We may even a slight change in strategy over the course of time. The goal and strategy may be slightly different at trial than it would be at preliminary since the focus for the preliminary was the judge and the focus for a trial will be the jury.

 

[Seattle1]

On the rare occasions he did a phone interview, spoke with TD, and taped his 26 second Facebook plea it only made him look dumb and guilty.

I’m betting he won’t say anything more.

Recalling LS recap last night where she confirmed that mom, both sisters, and their husbands were present in court on Friday. That means TD's mom was there and still not a peep from the initial family spokesperson. I'm curious, what topics are off the table for discussion in that house?... I believe TD was collateral damage for BM. Ran right over him and didn't look back. MOO

 

[marylamby]

The benefit of the prelim is the prosecution knows the defense will ride this minor partial DNA until the wheels fall off! We know that's all that they have to create doubt (confusion) with one juror!

The prosecution knows they will have to make "partial DNA" crystal clear to the jury. Clear enough for that single juror that wonders if it was perhaps some other dude that killed SM, will not have any doubt.

I remain confident that minus the DNA, jurors will not accept it was a mere coincidence that SM told BM she wanted to end their unhealthy relationship and vanished from the face of the earth 3 days later. Not a coincidence that a means to disable SM was located inside her clothes dryer. Not a coincidence that her bike was planted in a ravine near her home. That BM concocted a job on Sunday. And that's just a start. MOO

The problem is the Judge used the defense's assertion of dna evidence as one of his points of contention to give BM bond.
That's messed up. If we know 'partial' can mean a cousin three times removed (for example), the judge should've taken five minutes to look it up for himself or ask a legal expert NOT on BM's team.
<modsnip>

 

[marylamby]

Recalling LS recap last night where she confirmed that mom, both sisters, and their husbands were present in court on Friday. That means TD's mom was there and still not a peep from the initial family spokesperson. I'm curious, what topics are off the table for discussion in that house?... I believe TD was collateral damage for BM. Ran right over him and didn't look back. MOO

My opinion? They ALL know what happened.

 

[rainbowshummingbird]

Recalling LS recap last night where she confirmed that mom, both sisters, and their husbands were present in court on Friday. That means TD's mom was there and still not a peep from the initial family spokesperson. I'm curious, what topics are off the table for discussion in that house?... I believe TD was collateral damage for BM. Ran right over him and didn't look back. MOO

Just to be clear, I was talking about the Tyson Draper video.

 

[marylamby]

DBM with my apologies.

 

[marylamby]

Oh they will be aggressive. I don’t doubt that for one second. They know what they are doing. We may even a slight change in strategy over the course of time. The goal and strategy may be slightly different at trial than it would be at preliminary since the focus for the preliminary was the judge and the focus for a trial will be the jury.

They'll do anything they can to get a murderer off. It's their bread and butter.