Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #88

[sk716]

I wonder if LE has been able to search these mines.

You've put in a tremendous amount of work here. The timeline is excellent and much easier to read than the AA. Thank you!

I don't believe so. Searches only went 100-200 yards on either side of the highway. From the pics in @AmandaReckonwith 's archive, you can see some riders on horseback on the north side of US 50 (the area Barry indicated the Mountain Lion went).

 

[mrjitty]

Here's Judge Murphy's order following the filing of the motion for recusal (mentioned in the above article), which rejects the argument that the mere filing of the motion requires immediate recusal:

DISTRICT COURT, CHAFFEE COUNTY, COLORADO

Court Address:
142 CRESTONE AVENUE, P.O. BOX 279, SALIDA, CO, 81201

THE PEOPLE OF THE STATE OF COLORADO v.

Defendant(s) BARRY LEE MORPHEW

DATE FILED:

December 14, 2021 10:38 AM

Case Number: 2021CR78 Division: 2 Courtroom:

Order Regarding Hearing December 14, 2020

Yesterday evening the Court was advised of a filing by the Defense. That motion (Motion to Disqualify Judge Patrick Murphy (D-55)) seeks to disqualify this judge from hearing this case. The Motion was filed yesterday, December 13, 2021 at 3:13 p.m.

Last night, at 8:07 p.m., the prosecution filed a Response to D-55.

This morning, at 7:29 a.m., the Defense filed a Reply to the Response.

The Court has now been able to read the Motion, the Response and the Reply.

Because of the late filing, the Court has not had the ability to analyze, in any meaningful way, the Motion or the legal authority that supports the Motion. However, the Court disagrees with the defense position that the filing of the Motion alone requires disqualification.

Both Colorado Rule of Criminal Procedure 21(b) and Colorado Revised Statute 16-6-201 require the Court to determine if the facts alleged in the accompanying affidavits, taken as true, rise to the level requiring disqualification.

The Court agrees with the Response which states "the Motion appears to present a novel question in Colorado of whether the Court's friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify."

At this point, without further analysis and research, the Court is unable to determine if the situation as described in the affidavits requires disqualification. The Court declines to make substantial decisions such as this on the fly and without adequate time to analyze and research the argument and the legal authority that supports, or doesn't support, the argument.

By Rule, once such a Motion is filed, "all other proceedings in the case shall be suspended until a ruling is made thereon." C.R.C.P. Rule 21(b)(3)

Therefore, the hearing that was scheduled to to commence at 1:00 this afternoon can not go forward. Instead, the Court will hear from the parties regarding any additional filings on this particular issue and will need to confirm with the prosecution that Shoshona Darke is a potential witness in this case.

In an effort to be as transparent as possible, the Court will also put on the record the Court's relationship with attorney Sean McDermott as it is that relationship that forms the basis of the Motion.

The Court endeavored to complete this Order in time for subpoenaed witness to be informed and called off, if appropriate.

Issue Date: 12/14/2021

Page1 of2

PATRICK W MURPHY District Court Judge

Yep - the key point is that identified by the Judge. The situation in this case is not the same as the case in which SD is defendant. He goes so far as to say it appears to be a novel issue. This might also be a polite way of saying, it's not actually an issue

The Court agrees with the Response which states "the Motion appears to present a novel question in Colorado of whether the Court's friendship with attorneys who represent a witness who may be called as a witness in a different case creates cause for the Court to disqualify."​

The more I have thought about it, the more I think this motion is nonsense, designed to delay the proceedings.

 

[Whitneyh]

See this is where I think the defence motion was muddying the waters and not making a clear legal argument.

Her lawyers could challenge the validity of the warrants (and thus admissibility of evidence obtained pursuant to the warrants) in her case.

In the trial of BM, it would be the defence who would challenge the admissibility of the evidence - not her lawyers.

At least that is my understanding of it.

Agreed, just interesting because they clearly don’t want it coming in. I’m wondering if the late filing is due to them just finding out the results of those warrants very interesting

 

[sk716]

What makes you think he isn’t confident she won’t be found? I do wish we knew which mines have not been searched either by LE or by private/public searches. My only continuously niggling thought is she went up and over Hwy 50 and no one is looking that way. Even if they looked at the pass cams they would not know what vehicle if they did not see a Morphew vehicle. I do wish she would be found. It would answer alot of questions and unfortunate another winter has come :-(

He planned to be far away and cleared by know.

As far as I know the only mines that were searched were up at Garfield. There are I guess known open mines there. All of the mines on Pahlone are supposed to be sealed according to the people who keep track of mines and the US Geological Survey. I did some reading at the time and many old shafts probably aren't actually sealed because former claim owners were just cheap and lazy.

As we all know, for just about anybody else, a sealed mine shaft isn't somewhere you can dispose of a body. Barry isn't just anybody when it comes to boulders.

 

[gamma gal]

He planned to be far away and cleared by know.

As far as I know the only mines that were searched were up at Garfield. There are I guess known open mines there. All of the mines on Pahlone are supposed to be sealed according to the people who keep track of mines and the US Geological Survey. I did some reading at the time and many old shafts probably aren't actually sealed because former claim owners were just cheap and lazy.

As we all know, for just about anybody else, a sealed mine shaft isn't somewhere you can dispose of a body. Barry isn't just anybody when it comes to boulders.

And, couldn't he have trailered one the pieces of equipment he used at the beach/concrete site back home to use it to move the boulders?

 

[Boxer]

Personally I think burying a body in the tailings of the Garfield mine would be the easiest thing to do.

Just needs an hour or two, a shovel and no GPS.

Soil would not be rocky as it has been processed.
Lead and titanium tailings, I think dogs would recoil from any extended search in the toxic area.

MOO a GPR survey of the tailings would be useful.
Certainly BM was aware bodies shrink and soil above sinks so he would bury in a container.

 

[sk716]

And, couldn't he have trailered one the pieces of equipment he used at the beach/concrete site back home to use it to move the boulders?

The Bobcat was at the house with him.

 

[Megnut]

Personally I think burying a body in the tailings of the Garfield mine would be the easiest thing to do.

Just needs an hour or two, a shovel and no GPS.

Soil would not be rocky as it has been processed.
Lead and titanium tailings, I think dogs would recoil from any extended search in the toxic area.

MOO a GPR survey of the tailings would be useful.
Certainly BM was aware bodies shrink and soil above sinks so he would bury in a container.

Bbm

Like a cooler?

JMO

 

[jakat]

Their client put himself at PP, with a loaded .22 at exactly the minute his wife's consistent digital life ceased.

The End

RSBM
This, all of this! You win the internet today!

 

[Megnut]

If he left PP at 10:30 pm by ATV... and with a cooler... he could have backroaded to another road-worthy vehicle, "borrowed" the backhoe. We know somebody was at the beach site just prior to midnight so it could have been him. Awfully random for it to have been anyone else. If not a burial there, maybe he was "borrowing" equipment. Planes, trains, automobiles. I think he may have utilized a variety of vehicles. He left his truck at home (on purpose) and was IMO on the prowl all night.

Where was Barry in the days prior? Places he was expected to be, I might imagine. He may have prepared a site already, then only had to get to it, without detection.

She isn't far.

JMO

 

[Alwayshere]

That's why I'm so glad they've utilized Necrosearch here, as this is precisely what they do.

Geologists, mine experts, botanists; there's no better organization equipped for a task like this.

If anyone wants to read more about them and some of their stunning successes, it's once again free on Kindle Unlimited.

No Stone Unturned: The True Story of the World's Premier Forensic Investigators
https://www.amazon.com/dp/B08B7YHP8X/ref=cm_sw_r_cp_api_glt_C7EM3RD5JC3PAA6Z1BCJ
https://www.amazon.com/dp/B08B7YHP8X/ref=cm_sw_r_cp_api_glt_C7EM3RD5JC3PAA6Z1BCJ

Dear MassGuy,
As a fan of your acerbic humor, knowledge, and insights, thank you for the book recommendation. I’m fifty pages in, not a science person, but know many here in Colorado who are. It’s a compelling read already. Thank you. It would be an honor to help search for Suzanne at some point but man, to me Barry is scary! As a p.s., my partner just came back from an exploration trip near Grand Junction and said you could bury a body there that would never be found. My enthusiasm in this case, mostly finding Suzanne, is contagious after all.

 

[CGray123]

Anybody notice how this 11th hour order calling for recusal distracted us so expertly from the defense's slated issue?

What about those discovery violations?

Me, I think the defense knew, when they filed those objections, they'd be dismissed. Just good PR moves.

Create delays. Manipulate, distort public perception.

How do you defend the indefensible? You use whatever tool, angle you cam.

It won't be enough.

Their client put himself at PP, with a loaded .22 at exactly the minute his wife's consistent digital life ceased.

The End

JMO

Many WSers probably have heard versions of the trial lawyer's ancient wisdom:

“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell” - Carl Sandberg, The People, Yes! (1935)

The more apt version here may be attributed to one Jacob J. Rosenblum:

“The defense seems to have been prepared according to the old rules. ‘If the facts are against you, hammer the law. If the law is against you, hammer the facts. If the facts and the law are against you, hammer opposing counsel.'”

I infer from the fact that E&N are engaged in the final options offered in this old saw, that they don't believe they have the law or the facts on their side... MOO.

 

[sk716]

Dear MassGuy,
As a fan of your acerbic humor, knowledge, and insights, thank you for the book recommendation. I’m fifty pages in, not a science person, but know many here in Colorado who are. It’s a compelling read already. Thank you. It would be an honor to help search for Suzanne at some point but man, to me Barry is scary! As a p.s., my partner just came back from an exploration trip near Grand Junction and said you could bury a body there that would never be found. My enthusiasm in this case, mostly finding Suzanne, is contagious after all.

Barry is a scary guy, his temper is documented, but he's also smart enough to know when to back down and plan a murder with no physical evidence. Frankly, it's a wonder he doesn't have a longer history of assault and battery.

 

[gamma gal]

CCSO dug up the beach site. Thoroughly.

These folks seem to indicate that this site was at waters edge and is now more apparent with receding water.

 

[Momofthreeboys]

Anybody notice how this 11th hour order calling for recusal distracted us so expertly from the defense's slated issue?

What about those discovery violations?

Me, I think the defense knew, when they filed those objections, they'd be dismissed. Just good PR moves.

Create delays. Manipulate, distort public perception.

How do you defend the indefensible? You use whatever tool, angle you cam.

It won't be enough.

Their client put himself at PP, with a loaded .22 at exactly the minute his wife's consistent digital life ceased.

The End

JMO

Except that nothing is delayed yet. There are often motions between prelim and trial.

 

[Momofthreeboys]

Agreed, just interesting because they clearly don’t want it coming in. I’m wondering if the late filing is due to them just finding out the results of those warrants very interesting

That is in the motion…that the timing was because of information learned on Thursday.

 

[mrjitty]

Many WSers probably have heard versions of the trial lawyer's ancient wisdom:

“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell” - Carl Sandberg, The People, Yes! (1935)

The more apt version here may be attributed to one Jacob J. Rosenblum:

“The defense seems to have been prepared according to the old rules. ‘If the facts are against you, hammer the law. If the law is against you, hammer the facts. If the facts and the law are against you, hammer opposing counsel.'”

I infer from the fact that E&N are engaged in the final options offered in this old saw, that they don't believe they have the law or the facts on their side... MOO.

This is a great reminder.

Indeed in the 3 mega multi-year trials I followed from beginning to end, the defence alleged corrupt bungling by law enforcement, and bad faith by prosecutors, precisely because the forensic evidence was bad for them, and their client had said/done stupid things which were admissible.

That is why the moaning about discovery is so interesting. All they have left is trying to argue that prosecutors are trying to railroad their client by using dark arts.

 

[mrjitty]

Barry is a scary guy, his temper is documented, but he's also smart enough to know when to back down and plan a murder with no physical evidence. Frankly, it's a wonder he doesn't have a longer history of assault and battery.

It's yet another illustration of how women are at risk from unreported DV, and especially in such households where firearms are present.

Staying around often ends up being a fatal decision.

 

[Chelly]

I wonder if LE has been able to search these mines.

You've put in a tremendous amount of work here. The timeline is excellent and much easier to read than the AA. Thank you!

I am now curious about the difficulty of searching old mines. Haven't a clue what is required, but want to learn. Today, Goggle will be my friend.

 

[Boxer]

The Bobcat was at the house with him.

Abd he de-trailered it, even though it was needed in Broomfield the next day.
I dont think he used the Bobcat in any meaningful way, but why detrailer it?
Incant remember when unhitched.
That eould free tbe truck during the reset time, but why d
Sctually detrailer?
Prevent theft possibly?