Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #85

[Boxer]

We have discussed various places where BM might have disappeared SM's remains.

He could have dug a grave.
He could have put her under a new tree.
He could have thrown her down an old abandon mine shift. But old mine locations are clearly documented.
etc.

IMO, if there are old mines in the area there are also a number of old abandoned wells - hand dug. They can be 2-3 ft wide. These are probably not on any map. What is done with old wells?

Everything you'd ever want to know about the danger of old wells. It's worth a read to see all the areas that might indicate the presence of an old well.
http://www.royallpumpandwell.com/education/Sanitarians - Closing a Well.pdf

BM might have happened to stumble across abandon wells hunting or VFFing. He could have put SM in one. Might have even topped it off with one of his nice big boulders. His trademark.

Just thinking out loud. Aren't there still 18 miles unaccounted for?

JMO

The 18 miles is interesting.
It's the alibi of driving to Spa Store on PS. There is a camera at the gas station next door to it, so going there should have been documented.
The Store owners are friends and peer contractors.
The detective on the stand said they were "misremembering" BM coming by Saturday afternoon.

Huge piece of the defense is going to get the jury to believe that visit happened.

 

[Seattle1]

Ashley Franco@AshleyKKTV

#UPDATE: I've obtained a copy of the letter sent to several investigators, DA, and sheriff who are involved in the #BarryMorphew case. Attorneys intend to sue them for several things. Join me at 5:30 on
@KKTV11News
for a breakdown. First reported by
@CarolAMcKinley



4:11 PM · Oct 22, 2021·


Ashley Franco@AshleyKKTV

Link to story here:



kktv.com
Lawyers for Barry Morphew plan to sue prosecutors and investigators tied to the case of Suzanne...
11 News has obtained a letter of intent to sue attorneys and investigators in the Barry Morphew case.
4:37 PM · Oct 22, 2021·

 

[Seattle1]

Lawyers for Barry Morphew plan to sue prosecutors and investigators tied to the case of Suzanne Morphew

Published: Oct. 22, 2021 at 4:29 PM PDT|Updated: 8 hours ago


SALIDA, Colo. (KKTV) - 11 News has obtained a letter of intent to sue attorneys and investigators in the Barry Morphew case.

The letter sites a false arrest and defamation among other things. Investigators believe Barry killed his wife Suzanne Morphew, who went missing Mother’s Day of last year in Chaffee County while she was reportedly out for a bike ride. To date, the remains of Suzanne Morphew have not been located but her bicycle was.

A family friend of Morphew sent 11 News Reporter Ashley Franco the documents. The intent to sue letter states that the District Attorney’s Office along with investigators in the case are withholding evidence and falsely accusing Barry Morphew. It was filed by lawyers on behalf of Barry. 11 News reached out to the District Attorney’s Office, but they would not comment on the letter.

Attorneys for Morphew say that investigators failed to mention that they knew the name of the man’s DNA that was allegedly found on Suzanne’s bike, helmet, sheets in the dryer, one of the bedrooms and in Suzanne’s car. This was mentioned during the preliminary hearing, but investigators didn’t go into detail about it. Morphew’s attorney’s claim that DNA allegedly matched sexual assault cases in Arizona. They say investigators never followed up on the matches.

The letter also says that after the preliminary hearing, the district attorney “conveniently produced more discovery that includes more information on the DNA matches.”

 

[coastal]

Lawyers for Barry Morphew plan to sue prosecutors and investigators tied to the case of Suzanne Morphew

Published: Oct. 22, 2021 at 4:29 PM PDT|Updated: 8 hours ago


SALIDA, Colo. (KKTV) - 11 News has obtained a letter of intent to sue attorneys and investigators in the Barry Morphew case.

The letter sites a false arrest and defamation among other things. Investigators believe Barry killed his wife Suzanne Morphew, who went missing Mother’s Day of last year in Chaffee County while she was reportedly out for a bike ride. To date, the remains of Suzanne Morphew have not been located but her bicycle was.

A family friend of Morphew sent 11 News Reporter Ashley Franco the documents. The intent to sue letter states that the District Attorney’s Office along with investigators in the case are withholding evidence and falsely accusing Barry Morphew. It was filed by lawyers on behalf of Barry. 11 News reached out to the District Attorney’s Office, but they would not comment on the letter.

Attorneys for Morphew say that investigators failed to mention that they knew the name of the man’s DNA that was allegedly found on Suzanne’s bike, helmet, sheets in the dryer, one of the bedrooms and in Suzanne’s car. This was mentioned during the preliminary hearing, but investigators didn’t go into detail about it. Morphew’s attorney’s claim that DNA allegedly matched sexual assault cases in Arizona. They say investigators never followed up on the matches.

The letter also says that after the preliminary hearing, the district attorney “conveniently produced more discovery that includes more information on the DNA matches.”

...Attorneys for Morphew say that investigators failed to mention that they knew the name of the man's DNA that was allegedly found on Suzanne's bike, helmet, sheets in the dryer, one of the bedrooms and in Suzanne’s car...

(but)

...This was mentioned during the preliminary hearing, but investigators didn’t go into detail about it...

I don't know what irritates me more, the zeroing out of their entire case right up front because of bad letter writing, or the suggestion that a (strange) (criminal) (identified) man left his DNA on Suzanne's bike helmet, on sheets in the dryer, (in) one of the bedrooms, and in Suzanne's car, but LE didn't disclose this name, or follow this evidence.

 

[Scootie98]

Wasn't there several different partial matches? Are we sure the match that is mentioned in the Denver Gazette article and the basis for the accusation of prosecutorial misconduct is a named person who is in jail? I don't know that I'm sure of that. The basis for this particular charge of misconduct - the DNA match of someone in Arizona who is named - is related to information obtained in early August according to the Gazette article but not disclosed until after the preliminary so I don't think it's information that existed before, is not in the AA and was not revealed in court when defense called Cahill to the stand so is new information to us.

another angle on this partial DNA match....we are focusing on the sex offender who partially matched on the car. How about the car? IIRC, it was a used car. So, if Barry bought that car, used...then the location history of the car could have placed it in, say, Indiana or Arizona. So even if the guy partially matching was the actual guy, which is a mathmatical long-shot, his travel history may have placed him in contact with that vehicle in another state before Morphew bought it. So his travels will be examined, I'm sure.

 

[Scootie98]

Lawyers for Barry Morphew plan to sue prosecutors and investigators tied to the case of Suzanne Morphew

Published: Oct. 22, 2021 at 4:29 PM PDT|Updated: 8 hours ago


SALIDA, Colo. (KKTV) - 11 News has obtained a letter of intent to sue attorneys and investigators in the Barry Morphew case.

The letter sites a false arrest and defamation among other things. Investigators believe Barry killed his wife Suzanne Morphew, who went missing Mother’s Day of last year in Chaffee County while she was reportedly out for a bike ride. To date, the remains of Suzanne Morphew have not been located but her bicycle was.

A family friend of Morphew sent 11 News Reporter Ashley Franco the documents. The intent to sue letter states that the District Attorney’s Office along with investigators in the case are withholding evidence and falsely accusing Barry Morphew. It was filed by lawyers on behalf of Barry. 11 News reached out to the District Attorney’s Office, but they would not comment on the letter.

Attorneys for Morphew say that investigators failed to mention that they knew the name of the man’s DNA that was allegedly found on Suzanne’s bike, helmet, sheets in the dryer, one of the bedrooms and in Suzanne’s car. This was mentioned during the preliminary hearing, but investigators didn’t go into detail about it. Morphew’s attorney’s claim that DNA allegedly matched sexual assault cases in Arizona. They say investigators never followed up on the matches.

The letter also says that after the preliminary hearing, the district attorney “conveniently produced more discovery that includes more information on the DNA matches.”

it took a year and how many terabytes of evidence before Barry was arrested? Doesn't appear to be hasty.

 

[Momofthreeboys]

The 18 miles is interesting.
It's the alibi of driving to Spa Store on PS. There is a camera at the gas station next door to it, so going there should have been documented.
The Store owners are friends and peer contractors.
The detective on the stand said they were "misremembering" BM coming by Saturday afternoon.

Huge piece of the defense is going to get the jury to believe that visit happened.

I would say it is going to be whether the jurors believe the store owners or the prosecution attorney. Seems to me if prosecution is going to say the store owners are mistaken about the time and nothing more there isn’t a whole lot more defense will need to do as the store owners testimony will be what it is. The whole case is ultimately going to be about who and what the jury believes.

 

[Momofthreeboys]

...Attorneys for Morphew say that investigators failed to mention that they knew the name of the man's DNA that was allegedly found on Suzanne's bike, helmet, sheets in the dryer, one of the bedrooms and in Suzanne’s car...

(but)

...This was mentioned during the preliminary hearing, but investigators didn’t go into detail about it...

I don't know what irritates me more, the zeroing out of their entire case right up front because of bad letter writing, or the suggestion that a (strange) (criminal) (identified) man left his DNA on Suzanne's bike helmet, on sheets in the dryer, (in) one of the bedrooms, and in Suzanne's car, but LE didn't disclose this name, or follow this evidence.

Agree it is puzzling WHY prosecutors risked sanctions and did not simply deliver the discovery prior to the preliminary since they had it in hand. Why would they do that and risk their case if that information was if little consequence as people here have said here regarding DNA matches. I understand what defense is doing and their strategy but it is unsettling about prosecutions actions. They have everything to lose if they aren’t running a clean prosecution and keep creating opportunities for motions by not following the accepted rules of behavior. If this DNA match is truly trivial what is prosecutions gain for doing things that keep getting them hauled into court for reprimands?

 

[CGray123]

Agree it is puzzling WHY prosecutors risked sanctions and did not simply deliver the discovery prior to the preliminary since they had it in hand. Why would they do that and risk their case if that information was if little consequence as people here have said here regarding DNA matches. I understand what defense is doing and their strategy but it is unsettling about prosecutions actions. They have everything to lose if they aren’t running a clean prosecution and keep creating opportunities for motions by not following the accepted rules of behavior. If this DNA match is truly trivial what is prosecutions gain for doing things that keep getting them hauled into court for reprimands?

BM is throwing money at every meritless filing that can generate a "favorable" headline while threatening prosecutors who could effectively respond to the reporters and complete the story - showing that these frivolous and groundless allegations are acts of desperation.

BM has always believed in PR strategies, and I have no doubt is pushing his lawyers to prioritize showmanship. Since he's paying, they're happy to oblige.

Judge Murphy has seen the drama before.

And sanctions? BM should be careful what he wishes for: if the judge finds prosecutorial misconduct, that would disqualify the DA and allow the judge to appoint a special prosecutor - like Dan May.

 

[Momofthreeboys]

But that doesn’t really explain why prosecution is taking risks with their case. The motions hearing on the 9th and now this latest news were totally avoidable. This stuff isn’t about Barry it is about prosecution execution. Maybe they do need a new “lead” for the team but if they aren’t careful they will damage their own case in the interim. I think Barry’s lawyers are going to keep looking for advantages if they are dropped in their laps by mistakes from prosecution.

 

[CGray123]

But that doesn’t really explain why prosecution is taking risks with their case. The motions hearing on the 9th and now this latest news were totally avoidable. This stuff isn’t about Barry it is about prosecution execution. Maybe they do need a new “lead” for the team but if they aren’t careful they will damage their own case in the interim. I think Barry’s lawyers are going to keep looking for advantages if they are dropped in their laps by mistakes from prosecution.

I think the difference between our perspectives is that you take the allegations made by the defense at face value without hearing from the prosecution, and I do not. We'll see soon enough what the judge thinks!

 

[steeltowngirl]

But that doesn’t really explain why prosecution is taking risks with their case. The motions hearing on the 9th and now this latest news were totally avoidable. This stuff isn’t about Barry it is about prosecution execution. Maybe they do need a new “lead” for the team but if they aren’t careful they will damage their own case in the interim. I think Barry’s lawyers are going to keep looking for advantages if they are dropped in their laps by mistakes from prosecution.

We only know that BM is making accusations via a suit. (Throwing mud at the wall, IMO)

Nothing factual has been provided that prosecution is making mistakes or taking risks. His attorneys are saying the name of the man whose DNA was found is known. But it also says that DNA allegedly matched several cases, and investigators never followed up on the matches.

So which one is it?
They know the name, or they didn’t follow up?

 

[Megnut]

To date, as I see it, LE has not uncovered anything exculpatory! Certain areas of all of our homes and garages surely contain DNA, in various states, we didn't put there! From invited guests to service providers (such as mechanics, cleaning ladies, cable installers, etc) and, if LW had occasion to run those samples through federal data bases, we might be interested to know how many people pull up as partial matches, and law of averages, a few people in the system due to criminal acts! Six degrees of separation, just less fun.

It's a nonstarter if LE side-eyed the most compelling partial matches and determined those individuals were as likely to be involved as the myriad individuals who were also partial matches! Which is... they aren't.

The DNA on Suzanne's bike, unless Barry himself bought some DNA while he was picking up dart sedatives, those partial matches could be traced back to... the person who assembled the bike, whether at production or at purchase; anyone who may have lifted it off the RR, and any time, recent not required; anyone who may have test-ridden it. LE doesn't run DNA against every possible person! How would that be possible? Never mind that ordinary citizens aren't even in the system, to be matched to! In fact, that's likely how LE came up with an individual or individuals with names, because their DNA was on file. Who knows how many partial hits they would've gotten if we all submitted DNA!

His attorneys are good. The court of law doesn't convene until next May, barring delays. They are getting objections on the record and creating a stir in the court of popular opinion. See, not everyone's read the AA, not everyone has followed the proceedings thus far, so there are some who will read these headlines and believe what they've read -- and they might be called as jurors.

But, just for the sake of argument, if we pretend that Barry awoke at 5, went straightaway to Broomfield, changed shirts, emptied his truck of trash (only to fill it back up with trash), changed more shirts, and hung out in the hotel all afternoon, while a glove compartment bandit accosted Suzanne and disappeared her, why was Barry in Broomfield ALL AFTERNOON, not working, nary rushing home to check -- rogue chipmunks may have mistaken Suzanne's phone for a furnace-- before finally and unrushedly returning to Maysville?

To start, why wasn't he calling everyone he could think of, in an attempt to (pretend to) find her?

And once he showed up back in Maysville, why was he only concerned with the bike?

No one IMO has done more to discredit Barry than Barry himself.

JMO

 

[Megnut]

We only know that BM is making accusations via a suit. (Throwing mud at the wall, IMO)

Nothing factual has been provided that prosecution is making mistakes or taking risks. His attorneys are saying the name of the man whose DNA was found is known. But it also says that DNA allegedly matched several cases, and investigators never followed up on the matches.

So which one is it?
They know the name, or they didn’t follow up?

Or the investigator who was asked at the preliminary about those partial matches isn't the one who followed up.

JMO

 

[sk716]

We have discussed various places where BM might have disappeared SM's remains.

He could have dug a grave.
He could have put her under a new tree.
He could have thrown her down an old abandon mine shift. But old mine locations are clearly documented.
etc.

IMO, if there are old mines in the area there are also a number of old abandoned wells - hand dug. They can be 2-3 ft wide. These are probably not on any map. What is done with old wells?

Everything you'd ever want to know about the danger of old wells. It's worth a read to see all the areas that might indicate the presence of an old well.
http://www.royallpumpandwell.com/education/Sanitarians - Closing a Well.pdf

BM might have happened to stumble across abandon wells hunting or VFFing. He could have put SM in one. Might have even topped it off with one of his nice big boulders. His trademark.

Just thinking out loud. Aren't there still 18 miles unaccounted for?

JMO

I didn't even think about wells. I'll have to do a little research, but in the immediate area around Puma Path it's unlikely. With the South Arkansas and Fooses right there it's unlikely that early settlers would have needed to dig a well. Fresh water was abundant. Based on Google Earth imagery the PP area was undeveloped prior to the current homes which were mostly built in the early 2010s, I believe. The former Morphew home (built in 2008) was the first house in the neighborhood to go up and stands alone in satellite images from 2011.

 

[Momofthreeboys]

I think the difference between our perspectives is that you take the allegations made by the defense at face value without hearing from the prosecution, and I do not. We'll see soon enough what the judge thinks!

True. I guess I do believe they are delivering disclosure late either unintentionally or intentionally but yes I should wait for the judge and the 9th so will go ahead and assume prosecution has got it together . I like the judge so he will say it straight I am sure.

 

[sk716]

The 18 miles is interesting.
It's the alibi of driving to Spa Store on PS. There is a camera at the gas station next door to it, so going there should have been documented.
The Store owners are friends and peer contractors.
The detective on the stand said they were "misremembering" BM coming by Saturday afternoon.

Huge piece of the defense is going to get the jury to believe that visit happened.

Except they close at 2pm on Saturdays. Barry couldn't have been there at 5pm.

10 of the 14 miles were accounted for via the helmet dump/Garfield turn around. There are still four miles somewhere.

 

[HongKongPhooey]

We only know that BM is making accusations via a suit. (Throwing mud at the wall, IMO)

Nothing factual has been provided that prosecution is making mistakes or taking risks. His attorneys are saying the name of the man whose DNA was found is known. But it also says that DNA allegedly matched several cases, and investigators never followed up on the matches.

So which one is it?
They know the name, or they didn’t follow up?

And what difference does it make anyway?

The random didnt kill Suzanne. Barry did

JMO

 

[sk716]

What part of the business in question closes at 2pm on Saturday's do you think the jury is going to have an issue with?

I would say it is going to be whether the jurors believe the store owners or the prosecution attorney. Seems to me if prosecution is going to say the store owners are mistaken about the time and nothing more there isn’t a whole lot more defense will need to do as the store owners testimony will be what it is. The whole case is ultimately going to be about who and what the jury believes.

 

[MrsWatson]

This whole lawsuit stinks of a stunt. More misdirection. Trying to get one over. Posturing.

So I guess BM doesn't think he has a good defense, if he's not standing proud, ready to go to trial to prove his innocence.

All MOO