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

[mom2chloe]

I had never even considered the ghost gun retrieval aspect until OP suggested it. Barry without a gun is difficult if not impossible to imagine. IMO I wouldn’t be surprised that it was indeed a gun he had shipped to a previous address. In my area we have a local Facebook and Next door page where people are constantly trying to retrieve lost, wrong address and missing packages. Only thing dire enough to me in similar circumstances would be a gun order I needed to account for. Maybe not even purchased online but sent by a family member even as a gift. IMO

 

[nyvictoria]

I think it's messed up. Unless someone can prove that the package was delivered to the wrong address, I'm not buying it.
If that were so, why wouldn't he go himself to retrieve it? Why did she walk all that way to covertly pick it up? Why not drive up to the house where a license plate would be in view?
I'm sure UPS or FedEx have a record of the delivery address AND the sender.
Did they retract the PO too? Why not if Shoshona did nothing wrong? This is bullshat and I'd love to know why.

Is it possible she’s cooperating with LE?

Maybe Barry deliberately sent a package to his old address so he could send SD to get it and, while she was there, have her check out something that Barry was worried about. Perhaps to see if the new owners made any changes to the exterior. Or possibly have her plant a game camera or two so he could keep an eye on the place.

Far fetched scenarios, for sure, but I wouldn’t put it past Barry to send SD on some harebrained “covert” mission. His pal who did 400 missions in Iraq may have advised him.

 

[marylamby]

Is it possible she’s cooperating with LE?

Maybe Barry deliberately sent a package to his old address so he could send SD to get it and, while she was there, have her check out something that Barry was worried about. Perhaps to see if the new owners made any changes to the exterior. Or possibly have her plant a game camera or two so he could keep an eye on the place.

Far fetched scenarios, for sure, but I wouldn’t put it past Barry to send SD on some harebrained “covert” mission. His pal who did 400 missions in Iraq may have advised him.

Not that far fetched. I've seen others who think it was a 'test run' of the cameras. I've entertained the idea myself.

 

[marylamby]

Not that far fetched. I've seen others who think it was a 'test run' of the cameras. I've entertained the idea myself.

Since I was unable to scroll my comment to edit... could Shoshona be cooperating with LE? Maybe. I hope so and that would explain her charges going *poof* but I wouldn't count on it.

 

[mrjitty]

BBM.

BM has no affirmative defense. No alibi, no other responsible party. IMO, he will go with a general denial that the People have proved the elements of the offenses beyond a reasonable doubt. Any attempt to distract the jury with alternate possibilities not based on actual evidence will be objected to, and the objections will be sustained.

I agree he will in general fall back mudslinging to establish reasonable doubt. But in the end there are two factual issues which are crucial to the case, which the defence must rely on.

1. Someone threw the bike down the hill. So it if was not BM, it must have been the killer, unless SM did it herself (not a reasonable possibility IMO).

2. SM snoring when BM left the house.

Establishing reasonable doubt will require convincing the jury there is a real possibility SM was asleep when he left, and therefore someone else threw the bike.

Like you say, that isn't a credible affirmative version, but it is the one he is stuck with, because of the stupid way he planned this murder.

 

[FromGermany1]

Why not drive up to the house where a license plate would be in view?

^^ This!!

 

[Ontario Mom]

Since I was unable to scroll my comment to edit... could Shoshona be cooperating with LE? Maybe. I hope so and that would explain her charges going *poof* but I wouldn't count on it.

I doubt it. From all we've learned about this person, she doesn't appear to be the "assisting with LE" type.

jmo

 

[Momofthreeboys]

I doubt it. From all we've learned about this person, she doesn't appear to be the "assisting with LE" type.

jmo

Agree. It did not surprise me they dropped the charges. The homeowner might have "wanted" to press charges, but I think this was a very simple case of her retrieving a misaddressed package of what was probably little value for someone who could not and should not have retrieved it himself. I am not a conspiracy theorist in the least, so the idea that there was something nefarious or a "plot of some sort" I highly doubt. Barry wanted to live in Gunnison, so the idea that he had some grand scheme to stay at the guest house just doesn't compute for me logically. Without the "Barry factor" I doubt anything would have come of the package retrieval but it also gave LE an opportunity to do more probing so I get it. I think it does clear the deck for the judge to continue the Morphew case. Her lawyer is not his personal friend and her lawyer would not be an active participant should she be a witness for the prosecution. He may attend the trial which he can do, but I don't think he can actively participate in the proceedings. And we're assuming he's still be actively billing and retained as her lawyer. We don't know that.

 

[CGray123]

Agree. It did not surprise me they dropped the charges. The homeowner might have "wanted" to press charges, but I think this was a very simple case of her retrieving a misaddressed package of what was probably little value for someone who could not and should not have retrieved it himself. I am not a conspiracy theorist in the least, so the idea that there was something nefarious or a "plot of some sort" I highly doubt. Barry wanted to live in Gunnison, so the idea that he had some grand scheme to stay at the guest house just doesn't compute for me logically. Without the "Barry factor" I doubt anything would have come of the package retrieval but it also gave LE an opportunity to do more probing so I get it. I think it does clear the deck for the judge to continue the Morphew case. Her lawyer is not his personal friend and her lawyer would not be an active participant should she be a witness for the prosecution. He may attend the trial which he can do, but I don't think he can actively participate in the proceedings. And we're assuming he's still be actively billing and retained as her lawyer. We don't know that.

BBM. I respectfully disagree with the bolded statements.

This is precisely what the BM defense claims - that the McDermott firm will continue to represent SD as a witness in BM's case and actively to assist her to assert her Constitutional rights, including the right not to incriminate herself in responding to questions related to SM's disappearance. Do you have any legal authority for the proposition that the firm's representative cannot participate as described?

The trespass case could never be the basis for SD's assertion of 5th Amendment rights as a witness, because it happened long after the events at issue in BM's trial. If the firm's representation of SD as a witness creates a "prejudice or interest" that would require Judge M to recuse himself in BM's case, dismissal of the trespass charge does not relieve him of that duty.

I don't know what the judge will do on the 11th, but dismissal of the trespass charge against SD will not be a factor IMO.

 

[Cindizzi]

Judge Murphy has granted the request to disqualify himself.

https://www.courts.state.co.us/user...Chaffee/cases of interest/21CR78/4855_001.pdf

 

[Cindizzi]

https://twitter.com/stephaniebutzer/status/1476598098550001666?s=21

New: The judge from the #BarryMorphew case has granted the request to disqualify himself from the case.

 

[CGray123]

UPDATE: The prosecution has dismissed the trespassing charge against #ShoshonaDarke the alleged girlfriend of #BarryMorphew The victim did want to prosecute the charge but after closer review of the case law the people don’t believe there’s a reasonable likelihood of conviction.
https://twitter.com/laurenscharftv/status/1476315857206788098?s=21

To me, this action seems to vindicate the research of @Oincandenza and others, which suggested that unless a property owner makes it impossible to enter his property and posts signs every ten feet on the perimeter, the criminal trespass statute is ineffective because people expect to be able to go up to his door.

Nonetheless, it gave LE probable cause to arrest SD and investigate. My guess is that the CCSO looked into whether her retrieval of the package was theft or some other crime, which could be added to her case if the evidence supported it.

This investigation also likely enabled new warrants that were broader in scope than those issued for searches of the house BM rents as SD's residence. We don't know what, if anything, the investigation produced relevant to SD's relationship with BM, or to SM's disappearance, but it seems clear that no major criminal charges were warranted.

Still, I'm left wondering how such an innocent victim of LE harassment as SD would have reason to invoke the Fifth Amendment if called as a witness in BM's trial....

 

[Megnut]

https://twitter.com/stephaniebutzer/status/1476598098550001666?s=21

New: The judge from the #BarryMorphew case has granted the request to disqualify himself from the case.

Score 1 for the defense.

IMO BM is indefensible so the defense has to maximize other options -- delay, delay, delay.

I predict a change of venue. I predict eventual relocation for the defendant. "To work."

Last year this was hot news. In three years, it will fall to back pages as new stories of missing women fill the front pages. Invested journalists may move up and on.

The best they can hope for is a jury living under a rock (different than any rocks which may have been moved on MDW) and objections which are sustained.

All that aside, the biggest problem for the defense remains -- their client.

JMO

 

[CGray123]

Judge Murphy has granted the request to disqualify himself.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/4855_001.pdf

An important part of the order is that the case will not be transferred to another 11th JD judge. Because he supervises those judges, Murphy found it necessary to avoid the extension of his conflict. The 11th JD will ask Chief Justice Boatwright to appoint Judge Murphy's replacement.

I see this as a positive development from the prosecution's standpoint, whatever it may do for the defense. MOO,

 

[sk716]

Score 1 for the defense.

IMO BM is indefensible so the defense has to maximize other options -- delay, delay, delay.

I predict a change of venue. I predict eventual relocation for the defendant. "To work."

Last year this was hot news. In three years, it will fall to back pages as new stories of missing women fill the front pages. Invested journalists may move up and on.

The best they can hope for is a jury living under a rock (different than any rocks which may have been moved on MDW) and objections which are sustained.

All that aside, the biggest problem for the defense remains -- their client.

JMO

I doubt this is going to be a win for them. Murphy was methodical and followed the law often to the defenses benefit. I think with Murphy, Barry would have gotten a truly fair trial. He may not get as lucky with the next one.

 

[Momofthreeboys]

https://twitter.com/stephaniebutzer/status/1476598098550001666?s=21

New: The judge from the #BarryMorphew case has granted the request to disqualify himself from the case.

Holy crap. I would have lost that bet were I a betting person.

 

[Momofthreeboys]

I doubt this is going to be a win for them. Murphy was methodical and followed the law often to the defenses benefit. I think with Murphy, Barry would have gotten a truly fair trial. He may not get as lucky with the next one.

I tend to agree with this assessment.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1476604291531956224?s=21

BREAKING: Chaffee County District Court Judge Patrick Murphy will no longer be presiding over #BarryMorphew murder case. According court documents, the court has granted the motion filed by the defense to disqualify itself from any further participation in this case. @FOX21News

https://twitter.com/laurenscharftv/status/1476605518483378198?s=21

The court order shows that a partner in the firm of #ShoshonaDarke attorney, Sean McDermott, is known to Judge Murphy for over 40 years and is also his nieces godfather. Darke is allegedly in a relationship with #BarryMorphew

Court Document: bit.ly/3HkFhA0

https://twitter.com/laurenscharftv/status/1476605954095403038?s=21

The district administrator will contact the Chief Justice in order to determine a replacement judge presiding over the #BarryMorphew case. @FOX21News

 

[Momofthreeboys]

Here's a pdf for easy reading....I apologize if it's already posted: https://www.courts.state.co.us/user...Chaffee/cases of interest/21CR78/4855_001.pdf

 

[Tumbleweed]

An important part of the order is that the case will not be transferred to another 11th JD judge. Because he supervises those judges, Murphy found it necessary to avoid the extension of his conflict. The 11th JD will ask Chief Justice Boatwright to appoint Judge Murphy's replacement.

I see this as a positive development from the prosecution's standpoint, whatever it may do for the defense. MOO,

Does this mean there will definitely be a change of venue?