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

[Megnut]

I think “ lies about deer” is referencing what BM admits to.. that SM thought he had cameras in the mounted deer heads in their bonus room spying on her. Page 95 of 129 in the AA.
On page 100 there is a pic of SM ( looks like a selfie) that looks like the deer head has a blindfold covering it’s eyes.
I have no idea what pants unzipped means. JMO

Looks like a covid mask.

If there was a camera in its mouth, that'd do it.

If Barry happened to be checking his cameras just then....

 

[Cindizzi]

@NoSI and @Cindizzi...I keep hitting a paywall trying to open this.
Boulder County wildfires: How to help those impacted by the disaster
As locals there you may be able to help/have access. It's a crazy time to make donations, the last day of the year, and I would hopefully find a direct contact in the area in this article to get something there quickly. IDK.

Hoping all of you in Colorado stay safe, and keeping you in my prayers.

Thank you so much, Murph.
Denver Post is notorious for having that paywall.
I found Denver Office of Emergency Management on Twitter as good source .

https://twitter.com/denveroem/status/1476768340018409478?s=21
The best way you can help people affected by the #MarshallFire is by donating money. Here are the links to the verified sites accepting donations:
-Boulder County Community Wildfire Fund: tinyurl.com/4zkhbj64
-American Red Cross Colorado Chapter:

 

[Cindizzi]

I wouldn't put it past BM to hide cameras in the house, but I do think that animal mounted above her in the photo looks like a pronghorn antelope, and they do have a white swath on their lower face/neck:

View attachment 328051

source: Wikipedia Pronghorn - Wikipedia

I don’t know, it sure looks like a blindfold made of cloth or something covering the animals eyes to me. And the smirk on SM’s face makes me think that she sent this picture to either JL or her friend SO after telling them of her suspicions about being spyed upon by camera hidden there. I think she put it there as a joke ( or sadly, as no joking matter and her only way to cope ).
JMO of course.

 

[NWLady]

Here's a pdf for easy reading....I apologize if it's already posted: https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/4855_001.pdf

Thank you @Momofthreeboys for posting this link!

 

[Megnut]

I don’t know, it sure looks like a blindfold made of cloth or something covering the animals eyes to me. And the smirk on SM’s face makes me think that she sent this picture to either JL or her friend SO after telling them of her suspicions about being spyed upon by camera hidden there. I think she put it there as a joke ( or sadly, as no joking matter and her only way to cope ).
JMO of course.

The deer's eyes are probably fixed marbles.

Suzanne believed Barry was eavesdropping/eyes dropping because he seemed to have ill-got knowledge.

I wonder if that's how Arizona entered the picture. Or even Equador. A test to see if he was listening...

JMO

 

[sk716]

I doubt this was the reason, personally. If it was a glaring, obvious conflict of interest then sure. But this was pretty tangential. Even in his decision to withdraw, the judge says this is a novel legal question in CO. Which means no one has ever raised this type of conflict before, even though I'm sure it has occurred before (judges tend to be friends with lawyers, and witnesses in cases often have their own lawyers).

The judge and the prosecutor were clearly aware of his relationship with McDermott since he disqualified himself from the other case because of it. It didn't occur to either of them that it was a conflict in BM's case, even though the appearance of bias would have been towards the defense.

None of which is to say that BM's lawyers were wrong to raise the issue, just that they could have easily decided not to and no one would have questioned their ethics. And that makes me think that it was a strategic decision. Though I'm a little baffled by the strategic reasons for it. Maybe they have a decent idea who the replacement is likely to be? Or maybe BM was so pissed at not having the charges dismissed that he demanded they find a reason to get a new judge?

I appreciate your reasoning, but if the decision to file was not compulsory but strategic, all I can say is, BM could do a lot worse than Murphy in terms of judges who can manage courtroom antics by defense counsel. As you say, it's hard to see a strategic benefit that would justify that risk. If this was strategy, it suggests desperation. MOO.

Agreed, I can't see the strategic advantage even though there obviously is one. SD was told who to hire as counsel for a reason. This is a stupid result so there must be something else.

 

[sk716]

I don’t know, it sure looks like a blindfold made of cloth or something covering the animals eyes to me. And the smirk on SM’s face makes me think that she sent this picture to either JL or her friend SO after telling them of her suspicions about being spyed upon by camera hidden there. I think she put it there as a joke ( or sadly, as no joking matter and her only way to cope ).
JMO of course.

Every selfie in the AA was sent to JL. Grusing showed them to Barry.

 

[sk716]

I wouldn't put it past BM to hide cameras in the house, but I do think that animal mounted above her in the photo looks like a pronghorn antelope, and they do have a white swath on their lower face/neck:

View attachment 328051

source: Wikipedia Pronghorn - Wikipedia

I also think it's a pronghorn.

Cleaned it up a little. You can see the curve of the antelopes mouth at the front and a little more definition in the cheek. No mask or blindfold.

 

[FromGermany1]

I don’t know, it sure looks like a blindfold made of cloth or something covering the animals eyes to me. And the smirk on SM’s face makes me think that she sent this picture to either JL or her friend SO after telling them of her suspicions about being spyed upon by camera hidden there. I think she put it there as a joke ( or sadly, as no joking matter and her only way to cope ).
JMO of course.

Good idea and sharp eyes!! Never had I thought of that and never had I noticed the blindfold.
A disappeared woman, seen -NOT- last by an animal on the wall. How macabre it is. When BM wanted to control her via cell phone during her sunbathing, he suddenly wasn't able to see something - probably not in the remotest a fun for him, contrary to Suzanne.
I think, he must be very tech savvy, a hobby spy agent so-to-say, besides him being a master (graduated) bobcat user and car/truck/machine "remodeler" (whereas he didn't do well with preparing her bicycle).
When I saw the pic of Suzanne again, my thoughts went into the direction of BM, being a peeping Tom perhaps of many other objects than only his own wife and maybe even bragging with pics anonymously on the dark net. Who is bragging about other's virginity during some dinner, is possibly bragging also with secretly taped pics. - He is a rat. In my language: a character pig. IMO MOO

 

[mrjitty]

Agreed, I can't see the strategic advantage even though there obviously is one. SD was told who to hire as counsel for a reason. This is a stupid result so there must be something else.

I've been following the Avenatti case on and off and according to expert commentary on those proceedings, when you face a long jail stretch, delay is a typical tactic when on bail.

e.g. if you can wangle an extra 3-6mths "freedom" pre-trial, they are worth far more to you than 3-6mths in 20 years time

 

[mrjitty]

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?

This is where I am waiting for state & federal precedents on the question (which seems to be novel).

I had a brief look at it, and I am not sure the lawyer is truly a participant as far as the judge is concerned. The lawyer is advising his/her client on when to plead the 5th, question by question. But as far as I can see, the lawyer is not acting in the trial itself.

Can the witness lawyer object to a question for example? Or make arguments about admissibility? I would guess that is the role of defence counsel.

What could get complicated is that this witness is essentially hostile, but to my knowledge, it's for the defence and prosecution counsel to argue the case - her own lawyer doesn't lead her testimony or object

ETA: I now see the Judge has granted the motion so I will read with interest!

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.

I agree it is not relevant.

The basis of the motion for recusal has nothing to do with the Trespass case. Rather it is a similar ground to that which arose in the case.

 

[mrjitty]

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

Hmm

So it seems this was indeed a novel question. No precedents exist on the "second question" i.e. whether the role of the attorney as a witness required recusal. So this never came up before.

The Judge has taken the broadest view of a conflict "with respect to the case"

The statue states that a judge must disqualify if "he is in any way interested or prejudiced with respect to the case, the parties, or counsel."

In this case, the attorney is not the counsel (i.e defence counsel), so that did not apply.

Rather the judge has a potential conflict "in respect of the case"

What I was hoping is some more detail as to how particularly a witness lawyer might participate in the case where not acting as defence counsel. It appears the judge does anticipate ruling on procedural arguments from the attorney for the witness.

Personally I don't agree with this decision, as i think it is clear enough from the statute that "counsel" means defence counsel.

I suspect the judge has simply kicked for touch. Better safe than sorry.

 

[mrjitty]

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.

Agreed. There is no reason to think one judge is better than another IMO.

They just want to delay proceedings if they can.

 

[Megnut]

Dbm

 

[Megnut]

Comparing the deer/antelope photo from the AA with listing photos, it looks like Suzanne took that photo while sitting at the desk in the kitchen. A rafter is visible.

(Do we have a time stamp on that photo? What is Suzanne wearing? If she was seated at her desk on 5/9 while sending selfies to JL, I think it's very likely that her phone charger was plugged in there. It's also likely IMO that Barry saw that mask on his way through walls and was enraged. It's entirely possible IMO he saw it remotely and it's what sent him racing and raging home.)

IMO there is a mask on the animal and IMO Suzanne's expression and the deliberate angle of the photo confirm it.

JMO

https://www.realtor.com/realestateandhomes-detail/19057-Puma-Path_Salida_CO_81201_M28976-05306

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

 

[Megnut]

On p. 25 of the affidavit for the arrest of BM for murder, he says he got home around 3 or 4, discussed "the dinner". Then things get vague with usually and probably and would have. Suzanne was gonna make vegetables; he would marinate the steak.

"I'm probably in the garage, I usually tinker in there, killing time."

He adds that Suzanne was probably doing [redacted]'s sheets at the time, refering oddly to that activity, I think, as a free-for-all. Huh?

But let's get back to tinkering in the garage. He says he was there "killing time".

I submit to you the we should believe him.

Once he entered the garage, it was the killing time.

JMO


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

 

[Momofthreeboys]

Comparing the deer/antelope photo from the AA with listing photos, it looks like Suzanne took that photo while sitting at the desk in the kitchen. A rafter is visible.

(Do we have a time stamp on that photo? What is Suzanne wearing? If she was seated at her desk on 5/9 while sending selfies to JL, I think it's very likely that her phone charger was plugged in there. It's also likely IMO that Barry saw that mask on his way through walls and was enraged. It's entirely possible IMO he saw it remotely and it's what sent him racing and raging home.)

IMO there is a mask on the animal and IMO Suzanne's expression and the deliberate angle of the photo confirm it.

JMO

https://www.realtor.com/realestateandhomes-detail/19057-Puma-Path_Salida_CO_81201_M28976-05306

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

Not a mask…that is a type of deer called a pronghorn as mentioned a few times.

 

[Megnut]

Not a mask…that is a type of deer called a pronghorn as mentioned a few times.

We are agreed, that it's a pronghorn.

While pronghorn do have white faces, I cannot rule out a mask. Very fuzzy photo in the AA but strong demarcation IMO in the white on the pronghorn. I'd love to see a recreation of that photo might reveal.

JMO

 

[DizzyB]

I know zero about the legal system-Judge Murphy presided over the proceeding that bound Barry over for trial (and set his bail). Can any of that be re-visited or does the conflict of interest have nothing to do with that part?

 

[Megnut]

Question: does Murphy state the conflict of interest or does he recuse, out of caution?

Additionally, IF conflict of interest applies, did that conflict of interest apply at the time of the PH?