Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #86

[Tumbleweed]

@Boxer, funny you should mention Salida Stove and Spa. Because of a Saturday timeline discussion I was having with @sk716, I went back to revisit BM’s activities from the time he left DSI at 2:07 before he arrived home at 2:43.
He was caught on camera heading wb on 50 (towards Maysville)at 2:27. This info came from security footage at Salida Auto Sales. I pulled up google maps and realized 7 things:
1. It was only 2 minutes from DSI to Salida Auto Sales.
2. If BM passed that camera after leaving DSI, he would be traveling EB, not westbound.
3. Where did he go for the 20 minutes between leaving DSI at 2:07 and passing the security camera at SAS going wb at 2:27?
4. Salida Stove and Spa is two minutes past SAS heading east from DSI.
5. BM would be heading wb on 50 if he went to SS&S first and then started home from there passing SAS.
6. It takes approximately 15 minutes to get from SAS to Puma Path. From 2:27 when he passed SAS to 2:43 when he arrived home is exactly 15 minutes.
7. SS&S is supposed to close at 2:00 on Saturday. It would be highly likely that the owners would still be there about 2:10, (much more likely than 4:00 - 5:30 as BM would have us believe).

I think this is when he went to check out the backhoe attachment for his bobcat. "Tim backhoe's" place of work was given as 58 Jones Avenue, which is ~1.5 miles east on 50 from DSI. At this point he had his bobcat on the trailer, all ready to try out the attachment perhaps. Tim wasn't at the sight, and there is no security at the location, so it isn't known if BM ever went there to look at it. MOO: I'm wondering if he "borrowed" it. I just haven't worked out how/when he could have returned it.

From page 53 of AA:
On Saturday, May 9, 2020, Barry again reached out to Klco and said he was interested in buying the backhoe. Klco traded texts and calls with Barry that day and Barry asked via text at 1 :46 PM, "Are you around to look at backhoe?" Klco replied at 1 :49:29 PM, "No but you can drive by and have a look 5 8 Jones Ave." Klco does not know if Barry drove by the lot because his surveillance cameras were not functional. Barry sent Klco a text at 1 :50: 19 PM, "Ok will do. I'll call to discuss," but Barry never called and Klco did not further pursue him. Klco only found out that Barry was the husband of Suzanne Morphew after the case gained publicity. Klco explained that the backhoe attachment could easily be used to dig a deep hole or trench in a very short amount of time. 55

55 In March and April 2021, FBI Agents asked Barry about why he needed a backhoe that particular time and day. FBI Agents learned that before Barry left Indiana in 2018, he used a backhoe to dig a large hole in his front yard, fill it with items to include furniture, and cover it over, planting alfalfa on top. Barry also dug holes to hide large sums of money in Indiana, per his associates and own admissions.

 

[Scootie98]

One of the inaccurate themes that seem to persist on this thread involves the idea that BM could be acquitted if only one juror held out against conviction. The truth is that if the 12-member jury cannot reach a unanimous verdict ONE WAY OR THE OTHER in a felony case, the court's only option is to declare a mistrial and schedule a new trial if the prosecution so requests.

I was surprised to learn recently that since 1994, Colorado statutes have allowed a narrow exception to this rule in some cases. Section 18-1-406 (7) of the Colorado Revised Statutes permitted a judge to dismiss a seated juror for cause after deliberations have begun, and to allow the decision to be made by the remaining jurors if the charge was less than a class 1 felony.

Although this statute would not apply to BM's class 1 felony charge of First Degree Murder, I wondered if it could be a source of the ongoing misunderstanding about the consequences of a lone juror holding out against all others.

So, I thought the recent case of People v. Taylor might be of interest, at least to fellow nerds.

In this case of illegal drug possession, the trial judge dismissed a juror for cause after the jury reported that he had expressed disagreement with the state's drug laws. The judge then accepted a guilty verdict from the remaining jurors. The Colorado Court of Appeals remanded for a new trial on the grounds that Section 18-1-406(7) is unconstitutional.

It is now absolutely clear that in Colorado, a mistrial is required in all felony cases if the 12-member jury cannot reach a unanimous verdict.

A mistrial could be interpreted as a victory by this defense team. While a new trial is certainly to follow...it could clear the way for an M2 discussion. Until there is a conviction....they will play every card in the deck.

 

[Seattle1]

@OldCop, your mapping is hugely compelling. Is it POSSIBLE that Barry stopped there to get the spa stuff before going home, but opted not to because he didn't have the refill bottles with him?

^^rsbm

Could the empty bottles have been located inside SM's vehicle?

From the AA, pg 9/129:

Regarding Suzanne's white Range Rover on May 19, 2020: "There were personal items, to include Suzanne's driver's license and credit cards, throughout the vehicle. Items from the interior were pulled out by sections or areas and photographically documented on butcher paper. Some of the items collected included a women's jacket and knit cap in the rear, pairs of sunglasses and a key in the glove compartment, a Camelbak16 and sunglasses in the front passenger seat, spa chemicals on the front passenger floorboard, and a Scot Bicycle Service receipt in the front driver door."

 

[OldCop]

I think this is when he went to check out the backhoe attachment for his bobcat. "Tim backhoe's" place of work was given as 58 Jones Avenue, which is ~1.5 miles east on 50 from DSI. At this point he had his bobcat on the trailer, all ready to try out the attachment perhaps. Tim wasn't at the sight, and there is no security at the location, so it isn't known if BM ever went there to look at it. MOO: I'm wondering if he "borrowed" it. I just haven't worked out how/when he could have returned it.

From page 53 of AA:
On Saturday, May 9, 2020, Barry again reached out to Klco and said he was interested in buying the backhoe. Klco traded texts and calls with Barry that day and Barry asked via text at 1 :46 PM, "Are you around to look at backhoe?" Klco replied at 1 :49:29 PM, "No but you can drive by and have a look 5 8 Jones Ave." Klco does not know if Barry drove by the lot because his surveillance cameras were not functional. Barry sent Klco a text at 1 :50: 19 PM, "Ok will do. I'll call to discuss," but Barry never called and Klco did not further pursue him. Klco only found out that Barry was the husband of Suzanne Morphew after the case gained publicity. Klco explained that the backhoe attachment could easily be used to dig a deep hole or trench in a very short amount of time. 55

55 In March and April 2021, FBI Agents asked Barry about why he needed a backhoe that particular time and day. FBI Agents learned that before Barry left Indiana in 2018, he used a backhoe to dig a large hole in his front yard, fill it with items to include furniture, and cover it over, planting alfalfa on top. Barry also dug holes to hide large sums of money in Indiana, per his associates and own admissions.

You make good points here, @Tumbleweed. I’ve often wondered if that Bobcat played a role in this case. The FBI said that BM’s Bobcat was ruled out as having anything to do with SM’s disappearance. However, they never said no other Bobcat or piece of machinery was involved. Interestingly, Jones Ave is also only 3 minutes from the Salida job dig/beach site. I always wonder what the elderly neighbor heard that night….
I guess either theory is plausible at this point. If BM did borrow the backhoe, I would imagine he would use the old RR to get there, but I’m sure LE pored over every bit of footage they could get their hands on to see if he was driving around on Saturday night/Sunday morning.
If he went by to just “look” at the backhoe on Saturday afternoon, it’s possible he also stopped at SS&S within that 20 minute timeframe.
I’m of the opinion like many others here that BM disposed of SM somewhere up the mountain off that back road between Puma Path and and Monarch Spur RV park. He couldn’t risk getting caught on camera somewhere in town. He was smart enough to put his phone on airplane mode for many hours that evening.
I guess we wait til trial.

 

[Momofthreeboys]

A mistrial could be interpreted as a victory by this defense team. While a new trial is certainly to follow...it could clear the way for an M2 discussion. Until there is a conviction....they will play every card in the deck.

They can try him over and over....this was an interesting case of a man tried four times for allegedly murdering his wife who was divorcing him but still living with him in a highly circumstantial case before being acquitted by a judge. Cal Harris Found Not Guilty in 4th Murder Trial Over Wife's Death and this article: Cal Harris Says Acquittal After 4th Murder Trial Was 'Total Relief,' How He and Kids Are Moving Forward

 

[MassGuy]

BREAKING: The entire file in 54 year old Barry Morphew's murder case has been released to reporters including The Gazette. There are 454 pages of motions from May 5 when Morphew was arrested until Nov. 5. Going through them now. Story to come.
@DenverGazette

https://twitter.com/carolamckinley/status/1457831169907576836?s=21

 

[Cindizzi]

https://twitter.com/carolamckinley/status/1457831169907576836?s=21

BREAKING: The entire file in 54 year old Barry Morphew's murder case has been released to reporters including The Gazette. There are 454 pages of motions from May 5 when Morphew was arrested until Nov. 5. Going through them now. Story to come.
@DenverGazette

 

[Seattle1]

But still, no docs uploaded to the public site!

__________

Carol McKinley[URL='https://twitter.com/CarolAMcKinley']@CarolAMcKinley[/URL]

BREAKING: The entire file in 54 year old Barry Morphew's murder case has been released to reporters including The Gazette. There are 454 pages of motions from May 5 when Morphew was arrested until Nov. 5. Going through them now. Story to come.
@DenverGazette



2:03 PM · Nov 8, 2021

 

[Tumbleweed]

BREAKING: The entire file in 54 year old Barry Morphew's murder case has been released to reporters including The Gazette. There are 454 pages of motions from May 5 when Morphew was arrested until Nov. 5. Going through them now. Story to come.
@DenverGazette
https://twitter.com/carolamckinley/status/1457831169907576836?s=21

Will we have access to the files? I really prefer to read the material myself instead of relying on reporters interpretations. I don't see anything here yet:
Colorado Judicial Branch

 

[OldCop]

BREAKING: The entire file in 54 year old Barry Morphew's murder case has been released to reporters including The Gazette. There are 454 pages of motions from May 5 when Morphew was arrested until Nov. 5. Going through them now. Story to come.
@DenverGazette
https://twitter.com/carolamckinley/status/1457831169907576836?s=21
https://twitter.com/carolamckinley/status/1457831169907576836?s=21

Oh my lord. Gonna need new reading glasses. I thought the aa was bad enough.

 

[MassGuy]

Will we have access to the files? I really prefer to read the material myself instead of relying on reporters interpretations.

We're going to be at the mercy of media unfortunately. It doesn't seem like this stuff is going to be published by the court, so we'll have to hope a newspaper or news station is kind enough to publish them in their entirety.

 

[swedeheart]

Oh boy...I was headed to bed! Lol.

One last click on Twitter and boom! There was Carol's tweet.

Have I ever mentioned how much sleep I've lost over this case?

I'm ready though, so bring it!

 

[Seattle1]

They can try him over and over....this was an interesting case of a man tried four times for allegedly murdering his wife who was divorcing him but still living with him in a highly circumstantial case before being acquitted by a judge. Cal Harris Found Not Guilty in 4th Murder Trial Over Wife's Death and this article: Cal Harris Says Acquittal After 4th Murder Trial Was 'Total Relief,' How He and Kids Are Moving Forward

And like BM, he also filed a wrongful arrest lawsuit against DA, police, etc. (Northern Dist of NY) in federal court. Not sure where this suit is now -- I'll look it up.

ETA:
CIVIL DOCKET FOR CASE #: 3:17-cv-00932-DNH-TWD

Suit filed 8/22/2017 -- moving at snail pace:

11/01/2021
TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 11/1/2021. Appearances: Bruce Barket, Esq. for Plaintiff; Patrick Naylon, Esq., Adrienne Kerwin, Esq., and Matthew Butler, Esq. for Defendants. Court hears from counsel re: status of depositions and any outstanding discovery. Plaintiff and State defendants to follow up re: document demands as discussed during the conference. Plaintiff to file status report by 11/22/2021 re: whether the two depositions of someone from the State Police and Kevin Bruin have been scheduled and any other pending discovery matters. Deadlines remain as previously established. (sg) (Entered: 11/01/2021)

CM/ECF LIVE - U.S. District Court - NYND

 

[MassGuy]

UPDATE: The entire case file for #BarryMorphew, the man accused of killing his wife, #SuzanneMorphew in Chaffee County has been made public. There are more than 400 pages in motions filed since May 5. Morphew is expected to be in court tomorrow at 1:30 p.m.


https://twitter.com/laurenscharftv/status/1457837801324654598?s=21

 

[Cindizzi]

https://twitter.com/carolamckinley/status/1457839072961961985?s=21
The documents date from May 5,2021 - Nov. 5, 2021. In them are prosecution witness lists, information about how scared the Morphew's neighbors are of #BarryMorphew, who lives nearby even going so far as to request that he move while they build a security fence. (more)

His attorneys called this a "newfound fear." Sources say that Morphew, 54, did move from his home for three days while the fence was being built. #suzannemorphew

 

[MassGuy]

Documents released in Barry Morphew murder case reveal behind-the-scenes details | News | denvergazette.com

A judge on Monday released hundreds of pages of documents in the case against Barry Morphew, a Chaffee County man accused of murdering his wife, Suzanne, on or around Mother’s Day 2020.

The investigation involved numerous hard drives that contain search warrants, witness interviews and arguments between the defense and prosecution over discovery and pretrial publicity.

Morphew's attorneys said District Attorney Linda Stanley "crossed the line" by speaking to reporters and doing an interview with a YouTube program, which they say was an attempt to influence a prospective jury.

Documents obtained by the Denver Gazette show 454 pages of motions and orders that until Monday had not been made public, including the prosecution’s over 500-person witness list. On that list are the Morphews' two daughters and people who were close to the couple including siblings, neighbors, family friends and numerous investigators from the FBI, Homeland Security, the Colorado Bureau of Investigation and Chaffee County sheriff's deputies.

Bloodhound trackers are also scheduled to testify. Also on the witness list is Suzanne Morphew's lover of two years, Jeff Libler, whom she knew from high school and started contacting by text message when the couple moved to Colorado from Indiana in 2018.

The documents also show a fight between Barry Morphew's attorneys over DNA, which was found on the glovebox of Suzanne Morphew's Range Rover. The defense said the DNA belongs to a sex offender who lives in Prescott, Arizona. Barry Morphew's attorneys contend that the prosecution knew about the possible suspect and didn't let them know about it until after the four-day evidentiary hearings this past August.

Also revealed in the documents are protection orders from neighbors, Suzanne Morphew’s family and friends asking to keep Barry Morphew, 54, from contacting them. The documents show that in October, prosecutors asked Barry Morphew to leave his residence while his neighbors built a security fence. According to the prosecution, Jeanne and Martin Ritter said they were afraid of Barry Morphew.

There's also a request by the defense to expand the length of the trial from four weeks to five considering they believe the jury will need more time to review 30 hours of interrogation video and tapes.

Barry Morphew's trial is scheduled for May 3 through June 1, 2022.

 

[Seattle1]

Documents released in Barry Morphew murder case reveal behind-the-scenes details

11/8/21

A judge on Monday released hundreds of pages of documents in the case against Barry Morphew, a Chaffee County man accused of murdering his wife, Suzanne, on or around Mother’s Day 2020.

[..]

Documents obtained by the Denver Gazette show 454 pages of motions and orders that until Monday had not been made public, including the prosecution’s over 500-person witness list. On that list are the Morphews' two daughters and people who were close to the couple including siblings, neighbors, family friends and numerous investigators from the FBI, Homeland Security, the Colorado Bureau of Investigation and Chaffee County sheriff's deputies.

Bloodhound trackers are also scheduled to testify. Also on the witness list is Suzanne Morphew's lover of two years, Jeff Libler, whom she knew from high school and started contacting by text message when the couple moved to Colorado from Indiana in 2018.

The documents also show a fight between Barry Morphew's attorneys over DNA, which was found on the glovebox of Suzanne Morphew's Range Rover. The defense said the DNA belongs to a sex offender who lives in Prescott, Arizona. Barry Morphew's attorneys contend that the prosecution knew about the possible suspect and didn't let them know about it until after the four-day evidentiary hearings this past August.

Also revealed in the documents are protection orders from neighbors, Suzanne Morphew’s family and friends asking to keep Barry Morphew, 54, from contacting them. The documents show that in October, prosecutors asked Barry Morphew to leave his residence while his neighbors built a security fence. According to the prosecution, Jeanne and Martin Ritter said they were afraid of Barry Morphew.

There's also a request by the defense to expand the length of the trial from four weeks to five considering they believe the jury will need more time to review 30 hours of interrogation video and tapes.

 

[NWLady]

Documents released in Barry Morphew murder case reveal behind-the-scenes details | News | denvergazette.com

A judge on Monday released hundreds of pages of documents in the case against Barry Morphew, a Chaffee County man accused of murdering his wife, Suzanne, on or around Mother’s Day 2020.

The investigation involved numerous hard drives that contain search warrants, witness interviews and arguments between the defense and prosecution over discovery and pretrial publicity.

Morphew's attorneys said District Attorney Linda Stanley "crossed the line" by speaking to reporters and doing an interview with a YouTube program, which they say was an attempt to influence a prospective jury.

Documents obtained by the Denver Gazette show 454 pages of motions and orders that until Monday had not been made public, including the prosecution’s over 500-person witness list. On that list are the Morphews' two daughters and people who were close to the couple including siblings, neighbors, family friends and numerous investigators from the FBI, Homeland Security, the Colorado Bureau of Investigation and Chaffee County sheriff's deputies.

Bloodhound trackers are also scheduled to testify. Also on the witness list is Suzanne Morphew's lover of two years, Jeff Libler, whom she knew from high school and started contacting by text message when the couple moved to Colorado from Indiana in 2018.

The documents also show a fight between Barry Morphew's attorneys over DNA, which was found on the glovebox of Suzanne Morphew's Range Rover. The defense said the DNA belongs to a sex offender who lives in Prescott, Arizona. Barry Morphew's attorneys contend that the prosecution knew about the possible suspect and didn't let them know about it until after the four-day evidentiary hearings this past August.

Also revealed in the documents are protection orders from neighbors, Suzanne Morphew’s family and friends asking to keep Barry Morphew, 54, from contacting them. The documents show that in October, prosecutors asked Barry Morphew to leave his residence while his neighbors built a security fence. According to the prosecution, Jeanne and Martin Ritter said they were afraid of Barry Morphew.

There's also a request by the defense to expand the length of the trial from four weeks to five considering they believe the jury will need more time to review 30 hours of interrogation video and tapes.

Barry Morphew's trial is scheduled for May 3 through June 1, 2022.

Are these documents available for us to review? Thanks in advance.

 

[Lyanna]

So in last hearing about GPS and ankle monitor where IE stated the neighbours weren't scared of BM - was that before the fence went up or after ?

 

[Seattle1]

Documents obtained by the Denver Gazette show 454 pages of motions and orders that until Monday had not been made public, including the prosecution’s over 500-person witness list.

^^rsbbm

Given the 130 pg AA, 454 pages of motions and orders are not that much. Also, from the hearing on 10/13/21 -- it does not appear any motions were suppressed so this number is not discounted.

For example, from the public docket, at 6/4/21, the defense had filed at least 7 motions (D-7) and the Court's response to defense motion D-7 was 6 pgs. Accordingly, it appears that the People filed at least 27 motions (P-27) at 10/22/21. And 500 witness names/redacted addresses could easily be 30+ pages.

Colorado Judicial Branch - Chaffee - Cases of Interest - People of the State of Colorado v. Barry Lee Morphew

https://twitter.com/LaurenScharfTV/status/1457837801324654598/photo/1

https://twitter.com/AshleyKKTV/status/1448426393658855424