Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #83

[Puzzles8]

The 'stayers' are going to continue here, until trial.
Hope during this time, Suzanne's body/parts are found and the Creep is arrested for further charges, losing bail.
I guess we will see, a 'pumped up BM's face', make up etc: he must look good, as so important with vanity +++.
Hope all his money is pouring down the drain.
Hee Hee.

I lost track of this thread for a while when W/S changed the classification of Suzanne's thread from "Missing Persons Discussion" to "Currently Awaiting Trial".

I'm back to stay for SM's justice!

 

[Topppps]

The only thing that concerns me is the prosecutions case is weak in the sense that the prosecution hasnt proven anything as far intent/deliberate which means Barry could get off the hook farely light with murder 2 or manslaughter. Which is like less than 8 years.

 

[jondaba]

I could see Barry pestering his attorneys and convincing them to put him on the stand. He's paying for the lawyers so they'd cave if he insisted. And besides prepping Barry for the witness stand would create a lot of billable hours! Barry thinks he is a suave, charismatic, handsome charmer and can explain away evidence...OJ style. Would love to see him on the stand because I think it would backfire...he'd attempt to charm and flirt with the women and they wouldn't buy it and the men would be disgusted by it. Also I'm all in favor of anything his lawyers can do to deplete all his finances so that eventually Barry confesses and takes a plea.

edited to add: I think Barry is a dimwit and often contradicts himself, with no self awareness of doing so. He also says things that make him look bad (like a lying liar) and has no understanding that he just implicated himself. So many instances in the AA - Barry stating "the guilty person always points fingers," insisting that "saying 'I don't recall' means you're lying," and "oh it's always the husband." (may not be exact quotes but essentially this)
He's so dumb it's almost comedic. Would love to see him on the stand.

just my opinion and conjecture

MOO E&N will never let Barry take the stand. Losing will cost them more money than being fired by Barry.

 

[jondaba]

I could see Barry pestering his attorneys and convincing them to put him on the stand. He's paying for the lawyers so they'd cave if he insisted. And besides prepping Barry for the witness stand would create a lot of billable hours! Barry thinks he is a suave, charismatic, handsome charmer and can explain away evidence...OJ style. Would love to see him on the stand because I think it would backfire...he'd attempt to charm and flirt with the women and they wouldn't buy it and the men would be disgusted by it. Also I'm all in favor of anything his lawyers can do to deplete all his finances so that eventually Barry confesses and takes a plea.

edited to add: I think Barry is a dimwit and often contradicts himself, with no self awareness of doing so. He also says things that make him look bad (like a lying liar) and has no understanding that he just implicated himself. So many instances in the AA - Barry stating "the guilty person always points fingers," insisting that "saying 'I don't recall' means you're lying," and "oh it's always the husband." (may not be exact quotes but essentially this)
He's so dumb it's almost comedic. Would love to see him on the stand.

just my opinion and conjecture

MOO E&N will never let Barry take the stand. Losing will cost them more money than being fired by Barry.

 

[10ofRods]

MOO E&N will never let Barry take the stand. Losing will cost them more money than being fired by Barry.

He could fire them and ask for the rest of his retainer back. He's a cheapskate, by his own admission. He could find a lawyer to do his bidding for far less money if he decides (stupidly) to do that.

The only thing that concerns me is the prosecutions case is weak in the sense that the prosecution hasnt proven anything as far intent/deliberate which means Barry could get off the hook farely light with murder 2 or manslaughter. Which is like less than 8 years.

Murder Two, Second degree is 8-48 in CO. It would be extraordinarily uncommon for a judge to give the minimum (if he expects to retain his post). Middle of the road all the way for Judge Murphy, in my view. Plus there are some other charges. Having all the charges run concurrently would be something I could see Murphy doing - but I still think there will be a public outcry. Still, I could see it happening.

I think 20 years would be the minimum for that. I don't think Barry can claim that he didn't know his actions would kill someone and had no idea that his. hands went and got a weapon or got around Suzanne's throat (Murder Two, Third Degree in CO).

Harder to explain is what happened to the body. If the jury says Barry did it, he also concealed/destroyed her body. Also, murdering one's intimate part is in fact DV.

Disabling the game cameras seems pretty deliberate, don't you think?

 

[kkdj]

I think the re-occurrence of Suzanne's cancer in 2018 caused her to completely reevaluate her life. It was a wake up call. She realized if she could beat it for a second time she could completely change the current course of her life and live the rest of her life in happiness.

So sadly, while she was in the final stretch of her new journey, Barry put an end to it. He couldn't stand the fact that Suzanne might be happy and ready to leave him behind. Much less with the cash he had considered his.

JMO

ITA. She had reevaluated her life and the rest of it.
I think she was an abused woman in more than one way and had grown starving for some nice attention. I believe she and JL really cared for each other and treated each other well and it felt good to her after all those years of verbal, mental and emotional abuse.
moo

 

[kkdj]

I doubt Barry will take the stand. Heck! He only gave 26 seconds to ask for Suzanne!
I believe he thinks he can sway just one woman on the jury (or more) with his masculine good looks. (in his conceited mind)
And the pink made him appear more innocent. Pink shirt, blond hair, blue eyes. The look of innocence is probably what they (he and his attorneys) thought.
jmo

 

[10ofRods]

what I found odd was his response to both Garfield and the mines. You feel the intonation change, he rambles about the mine behind his house, that is closed, and i just feel that these conversations make him very anxious. I bet specialists listened to him to understand when he was lying and when not, but I have the feeling that he somewhat perseverates on some parts that are true, to make the whole story true. Like, the light snoring - he speaks so much about it as compared to seeing Suzanne - the “lump” under the sheet does not sound true, and he is not sure in it. This is why I wonder if he were driving her in the car, sedated, and listening to her breathing/light snoring? He comes to this part because there is some truth in it…

Yep, if I were doing this crime, I'd put sedated Suzanne into the passenger seat of that older Range Rover, buckle her in and take her to her final resting place. Then come back and finish staging. First things first, reduces anxiety.

 

[10ofRods]

Bumping my own very early Saturday morning post.
@MassGuy
@10ofRods
Et al
Am I getting excited for nothing since we don't know the amount of blood or any other evidence they have re: DNA, etc.?

TIA

I don't know what to make of it - defense will say it had been there a while. But that skid steer info is still troubling me. Why replace the bucket? And why did three dogs hit on it?

I believe it was used, and somehow, Barry manipulated the SIM data (perhaps just took the card out? I'm sure it works without it). Why LE gave up on considering it a possible part of this crime...confuses me. Why replace the bucket except, perhaps, to disguise both biological and geological evidence?

I feel for the prosecution. Barry was quite energetic and looks to have planned quite a bit ahead.

They will say BM came home, and according to him they had a great day and night, had steaks, talked etc. There would be no communications with her lover while her husband is home and same goes for any with her friend if they are having a serious conversation and a great time. As for her friend saying SM would never miss the online wedding the next day, her friend didn't even know that SM had a bf for almost 2 years. SM never told anyone. The friend doesn't know SM as much as she thinks she did.

Keeping one big secret from a friend is nothing. People keep terminal diagnoses from everyone, sometimes including a spouse.

What does SO not knowing that Suzanne was having an affair have to do with her enthusiastic consent to be part of the wedding? No one knows everything about someone else. What does make people suspicious is when a normally conscientious person flakes out on a wedding.

Any reason you think Suzanne could not continue to communicate with her best friend while Barry was home? Did Barry lock Suzanne's devices up? Yell and. threaten if she messaged a friend? Really?

Suzanne would certainly have given SO (and the daughter) her regrets rather than make them worry and wait during the actual ceremony.

 

[al66pine]

Sellers' Observations?

.... opinions of former owners…in the AA. Cara and Steve separately said they suspected Bany killed Suzanne after hearing the news of her disappearance based upon multiple observations they made of Barry during and after the sale of the house.
Is there a reason for this comment/opinion being included? Perhaps something that will be brought up at trial? For example, did this couple over hear Barry threaten Suzanne or be nasty with her something along those lines?

@Murphy1950 sbm Good question. You brought up an important phrase from AA which I overlooked earlier: Cara & Steve suspected BM killed SM, "....based upon multiple observations they made of Barry during and after the sale of the house."
What were their observations? Did they -
--- see BM interacting violently/abusively toward SM?
--- hear BM saying something violent/abusive toward SM, i.e., a threat?
--- see something BM had written, showing violence/abuse toward SM?
If so, under CO. Rules of Evid. imo they may testify about their observations, that is, testify to facts of their observations.

I doubt their opinions about BM's guilt or innocence in SM's death - based on their observations - would be admissible under CO. Rules of Evid. my2ct
___________________________________
e-page 130: "Cara and Steve separately said they suspected Barry killed Suzanne after hearing the news of her disappearance based upon multiple observations they made of Barry during and after the sale of the house."
Adobe Acrobat

 

[10ofRods]

I wonder if after running around trying to shoot her with the tranquilizer dart, and whatever else may have occurred after that, did he then put her in the hot tub while sedated to let her drown? Wouldn’t take long. Drain the tub, refill, fresh chemicals, and strong odour may have wafted through the house if patio door was left open? There was some talk about a strong smell of “bleach/chlorine” at the house at one point. I believe it was something Andy said iirc.

The source of that was Andy, but I think he was confusing house with hotel. It was never verified and isn't in the AA.

 

[Momofthreeboys]

He could fire them and ask for the rest of his retainer back. He's a cheapskate, by his own admission. He could find a lawyer to do his bidding for far less money if he decides (stupidly) to do that.



Murder Two, Second degree is 8-48 in CO. It would be extraordinarily uncommon for a judge to give the minimum (if he expects to retain his post). Middle of the road all the way for Judge Murphy, in my view. Plus there are some other charges. Having all the charges run concurrently would be something I could see Murphy doing - but I still think there will be a public outcry. Still, I could see it happening.

I think 20 years would be the minimum for that. I don't think Barry can claim that he didn't know his actions would kill someone and had no idea that his. hands went and got a weapon or got around Suzanne's throat (Murder Two, Third Degree in CO).

Harder to explain is what happened to the body. If the jury says Barry did it, he also concealed/destroyed her body. Also, murdering one's intimate part is in fact DV.

Disabling the game cameras seems pretty deliberate, don't you think?

Crime of passion in Colorado is class 3 felony with 4-16 and/or fine and 5 years probation and Barry has no priors…it is really anyone’s guess.

 

[10ofRods]

I was thinking the same way. Now I wonder how come Barry knew the police would not find anything in the house. This makes me wonder if Suzanne left the house alive, and her death was not messy. I would not be surprised if he left her in some shaft tranquilizer, but alive, to die alone, and left.

Doing this achieves two goals. One, he “technically” does not kill her, “just” left in a shaft.

Second, it is the way to justify himself in the eyes of God. He did not kill Suzanne, he “merely” left her.

I can not shake off the feeling that it was a “clean” crime. Very little DNA, probably, no blood in the car. To me, it feels that he took her somewhere, left there, and returned back, rather clean.

Plus, the way it feels on reading the affidavit, the moment Barry gets anxious is when they discuss the shafts. He always returns to her being underwater (meaning, he probably left something of hers underwater, as a “clue”). But he really gets nervous and rambles when they discuss the shafts.

Unfortunately, I think you're onto something. Barry has an...ummm..unique way of telling the truth. Shooting 85 chipmunks (but hey folks, not at all one time). Got up at 4:30 (but oh yeah, was up at a bit at 3:00-3:30). Had to work all day in Broomfield (dumps trash and sleeps and showers).

If a person really wants to "leave it up to God," they "allow God" to take Suzanne to heaven (God...lets her die?) while all Barry did was put her to sleep and then put her someplace else - didn't kill her. I think his mind is entirely capable of improving on this scenario by letting her "relax" in a mine shaft or outside a mountain lion den (he probably had those game cams for a good reason). Indeed, if Suzanne had in fact come to, dazed and confused, sometime in the middle of Mother's Day and staggered past her staged bicycle toward the house - would this case even be in the news? It would be bizarre, but it wouldn't be a missing person/murder case.

It's like those medieval witch hunts. If she sinks it's God's will. If she dies, it's God's will.

 

[10ofRods]

Crime of passion in Colorado is class 3 felony with 4-16 and/or fine and 5 years probation and Barry has no priors…it is really anyone’s guess.

Yes, but I wasn't speaking of Class 3 - I don't think a jury will by it (I know you do, but I don't think most people will - the rules for it are fairly strict, even finding a partner actually having sex with a lover in the marital bed is not a crime of passion if a person goes and finds an object or a weapon - pretty much need to use something like bare hands or an object right in the room). It's an archaic idea at best. Another example would be that your house is on fire, yhour child is inside, a policeman tries to stop you from going in, you shove him and he cracks his head.

Key to. crime of passion is reporting it as soon as the first flush of passion is over (experts will say that no one experiences mind-bending adrenalin rushes for more than a few seconds or a few minutes at best). It ceases to be a "crime of passion" if the perp hides the body.

If you can find a case that contradicts that, please let us know.

I would never say Murder Two, third degree and really think it's counter-productive to bring it up. Barry. did nothing reckless, so no point in going to an even lower crime.

(Looks like most attorneys are calling Colorado's Murder Two, third degree "Vehicular homicide" although I do think the statute could apply otherwise - it's just the most common use of it. You're speeding and you kill someone...

You seem to be describing Murder 2, with a sentence recommendation of 8-48. The statute calls it something else:

https://www.courts.state.co.us/user...tions/CHAPTER_3HomicideandRelatedOffenses.pdf

(Interrogatory; Provoked Passion -that is what you're trying to indicate, right?)

Read the jury instructions when you get a chance.

Again, I think this judge wants to keep his job. Barry may well have a prior by next May (he'll be convicted for voter fraud). He may also face some federal charges. We shall see. But if all 12 jurors can agree on Crime of Passion (super doubtful to me), then yeah, the judge can ruin his career by giving Barry 4 years with credit for timed served and letting his other crimes (illegal possession of a weapon - which is also chargeable by the feds; concealing a body; lying to LE run concurrently - in other words, go unpunished).

Might as well say "Let's let Chaffee County criminals lie all they way, no big deal, folks."

(Not gonna happen)

 

[CGray123]

I don't know where all this talk about a conviction for Second Degree Murder comes from. Unless the DA moves to add a charge of Second Degree Murder, and the judge approves, the only possible verdicts are First Degree Murder or Not Guilty. Until the charge is added, there's no reason to speculate.

 

[Momofthreeboys]

Yes, but I wasn't speaking of Class 3 - I don't think a jury will by it (I know you do, but I don't think most people will - the rules for it are fairly strict, even finding a partner actually having sex with a lover in the marital bed is not a crime of passion if a person goes and finds an object or a weapon - pretty much need to use something like bare hands or an object right in the room). It's an archaic idea at best. Another example would be that your house is on fire, yhour child is inside, a policeman tries to stop you from going in, you shove him and he cracks his head.

Key to. crime of passion is reporting it as soon as the first flush of passion is over (experts will say that no one experiences mind-bending adrenalin rushes for more than a few seconds or a few minutes at best). It ceases to be a "crime of passion" if the perp hides the body.

If you can find a case that contradicts that, please let us know.

I would never say Murder Two, third degree and really think it's counter-productive to bring it up. Barry. did nothing reckless, so no point in going to an even lower crime.

(Looks like most attorneys are calling Colorado's Murder Two, third degree "Vehicular homicide" although I do think the statute could apply otherwise - it's just the most common use of it. You're speeding and you kill someone...

You seem to be describing Murder 2, with a sentence recommendation of 8-48. The statute calls it something else:

https://www.courts.state.co.us/user...tions/CHAPTER_3HomicideandRelatedOffenses.pdf

(Interrogatory; Provoked Passion -that is what you're trying to indicate, right?)

Read the jury instructions when you get a chance.

Again, I think this judge wants to keep his job. Barry may well have a prior by next May (he'll be convicted for voter fraud). He may also face some federal charges. We shall see. But if all 12 jurors can agree on Crime of Passion (super doubtful to me), then yeah, the judge can ruin his career by giving Barry 4 years with credit for timed served and letting his other crimes (illegal possession of a weapon - which is also chargeable by the feds; concealing a body; lying to LE run concurrently - in other words, go unpunished).

Might as well say "Let's let Chaffee County criminals lie all they way, no big deal, folks."

(Not gonna happen)

Your thinking makes sense and yes you are right I do think if it was Barry it was a “in the moment” decision. But I am not at all “married” to the afternoon—just not enough there and then that trip to the pool repair store. The coffee cup on the counter bothers me too. I will need to go look at jury instructions to parse those small differences. I don’t see at this point his lawyers advocating a plea deal either but 7 months is along time.

 

[TIGER0822]

The prosecutor should examine the possibility that there may have been more thn one tranquilizer dart gun. The gun that worked and that may have been discarded and the broken one which the defense are gloating over.

 

[TIGER0822]

I don't know where all this talk about a conviction for Second Degree Murder comes from. Unless the DA moves to add a charge of Second Degree Murder, and the judge approves, the only possible verdicts are First Degree Murder or Not Guilty. Until the charge is added, there's no reason to speculate.

Well they better add it quickly, in my opinion there is not enough evidence for first degree. No DNA, no timing, no how, no when, no how the body transported or how it was disposed or where it was discarded or when it was discarded. This is a very weak first degree., it is more likely but not beyond a reasonable doubt murder. The defense will easily hammer the scenario of BM dimming light and sneaking up on Puma Path. ‘She has affairs’, I caught her having sex in the basement. I want to see SM get justice. Very unlikely he will get off on second degree, first could go either way, it depends on the jurors.

 

[Seattle1]

Why replace the bucket except, perhaps, to disguise both biological and geological evidence?

^^rsbm

To be clear, the bucket was not replaced on the skid steer (bobcat). It was the blade (or flat edge of the bucket) that was replaced. This is typically a maintenance operation but in this case, we don't know why BM wanted it done specifically on Saturday.

There are numerous YT videos illustrating "skid steer blade replacement" with some replacing the bolts and others eliminating the bolts by welding the blade to the bucket. JMO

 

[Topppps]

Bumping my own very early Saturday morning post.
@MassGuy
@10ofRods
Et al
Am I getting excited for nothing since we don't know the amount of blood or any other evidence they have re: DNA, etc.?

TIA

Not massguy, yeah saw that too, it's interesting maybe they'll go into more detail on it, looks like it doesn't appear to be Suzanne's blood since it says suspect blood so it's pretty useless. whats also interesting is the tire impression at the bike helmet scene, I wish they shared the results of that.