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

Status
Not open for further replies.
  • #661
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?
I hope a lawyer answers the question but I am hearing from lay people that the new judge will pick up where Judge Murphy left off. All motions are on hold and so on. I am guessing it isn’t a do over with a new preliminary etc. Judge Murphy seemed very thorough with the trial up to now.
 
  • #662
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
Can you link back to the AA plz.
 
  • #663
But remember, he said sex is all a man needs and he is happy. :mad:
Of course he had to eat. And sleep.

Isn’t it just sickening? Have sex, eat a good steak, kill your wife, sleep well. That’s BM.
As we can guess, he ate the steak alone. Likely had a short visit with his girlfriend. And then got a little sleep the next afternoon at the hotel.
What's your thoughts on this: did Barry dispose of Suzanne before steak or did he leave her lifeless body somewhere, eat his steak and then go dispose of her? Or did he have steak as a prize for his accomplishments? Either is so evil.
 
  • #664
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"



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.

I don't agree that "counsel" is limited to defense counsel. The rule certainly does not contain a definition to that effect.

The rule is written very broadly, so I don't think the judge was over-interpreting it. If it isn't specific to these circumstances, it becomes so when you apply the ethical requirement is to avoid even the appearance that his decisions are not impartial. He found that he had no choice but to recuse himself under that standard. Although I regret that he found himself in this position, I agree that he had to get off the case.

No judge wants to create appealable error, especially in such a serious case. The right decision is also the safe decision, but that doesn't signify that the judge had ulterior motives to get off the case.
 
Last edited:
  • #665
  • #666
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?
Murphy applied the rule as written.

The conflict could not have arisen before McDermott's firm entered its appearance before the court as SD's attorney AND the DA told the court she WOULD be called as a witness. I believe this was in October, after the PH. I believe all prior rulings by Judge M are unaffected by any conflict of interest.
 
  • #667
Can you link back to the AA plz.

Less intimidating version:

Barry Morphew Redacted Arrest Affidavit – Find Suzanne Morphew
 
  • #668
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

No mask, no blindfold.

AA_Text_html_mc307661adjusted.png AA_Text_html_mc307661outline.png

I have no doubt he hid a camera in the 'bonus' room but any indication that she thought the deer was watching her was Barry trying to make her sound like a crazy person.
 
  • #669
I bet Judge Murphy is celebrating today. He gets to start the New Year with his job back to more or less normal, without this huge headache of a case (and especially, without having to interact with those wretched defense attorneys).

I like some defense attorneys and respect defense attorneys very much in general. But not those two. Especially that one whose name I refuse to memorize.
 
  • #670
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.
View attachment 328055
Thanks!
Yes I now see that the white part looks to be a natural part of the animal.
Good eye, @Auntie Cipation . I often watch a herd of Pronghorn Antelope with binoculars off my back deck.

Sadly, the fact remains that Suzanne thought that BM might have hidden cameras in the mounted heads, and she put it on her list of 50 reasons she could no longer live with him. I’m sure he gave her plenty of reasons to believe he was capable of such.
 

Attachments

  • B275AD96-23B0-439A-BCFD-448EB31D7F23.jpeg
    B275AD96-23B0-439A-BCFD-448EB31D7F23.jpeg
    51.3 KB · Views: 18
  • #671
Less intimidating version:

Barry Morphew Redacted Arrest Affidavit – Find Suzanne Morphew
Thank you! This version is so much easier to work with. I’m reading this for about the 5th time.

IMO the State noting Suzanne’s “I’m done…” text and Barry’s denial of any issues in the marriage sums up their case perfectly. The trial will be all downhill from there to the finish line and a guilty verdict.
 
  • #672
What's your thoughts on this: did Barry dispose of Suzanne before steak or did he leave her lifeless body somewhere, eat his steak and then go dispose of her? Or did he have steak as a prize for his accomplishments? Either is so evil.
I can’t begin to think like a killer. But for some reason, he does seem “proud” of what he has done. That would make me think he had a steak after working up an appetite, like a prize for his accomplishments.
 
  • #673
I am. Thank you so much @sassyblue for thinking of me. This is so devastating. It's December and so many have lost so much today. :( Incomprehensible right now.
Thanks for checking in @NoSI. Stay safe. :eek:
 
  • #674
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
That's debatable. Someone said how you could clearly see an eye to the right of the 'blindfold or swath'. It looks to me that the 'swath' is on the upper part of the face, not lower. If the supposed eye is to the right of either, it's right under the ear and not the antler And on the lower part of the face. I looked at many pics of pronghorn antelopes (which seemed reasonable) and couldn't find any one of them resembling that photo in any position of the antelopes head.
Take another look at her expression too and why.
You may be right but why then is it attached to the AA in regard to spy cameras? Surely LE in CO are familiar with the pronghorns, no? We may hear more about that at trial - in 2024?
IMO
 
  • #675
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.
This is exactly what I've come up with. Something hidden we have no idea of.
 
  • #676
That's debatable. Someone said how you could clearly see an eye to the right of the 'blindfold or swath'. It looks to me that the 'swath' is on the upper part of the face, not lower. If the supposed eye is to the right of either, it's right under the ear and not the antler And on the lower part of the face. I looked at many pics of pronghorn antelopes (which seemed reasonable) and couldn't find any one of them resembling that photo in any position of the antelopes head.
Take another look at her expression too and why.
You may be right but why then is it attached to the AA in regard to spy cameras? Surely LE in CO are familiar with the pronghorns, no? We may hear more about that at trial - in 2024?
IMO

N0pe.
(Discussion of Exhibit 4)

SA Grusing turned to communications between Suzanne and her lover, “Fred.” Barry was shown the photo of Suzanne dated April 14,2020 and asked if he thought she looked high. He said, “Yeah.” SA Grusing clarified, “She looks intoxicated to you?” Barry stated, “Yes. Do you mind if I read?”


Page 99 of 129


http://www.[link removed]/wp-content/uploads/2021/11/AA_Text_html_mc307661.png





Barry asked, “Is this him or her?” Agents explained the messages and photos were Suzanne’s sides of the texting to her lover. After reading a few pages, Barry said, “Yeah, she looks intoxicated on every picture I’ve seen so far.”


SA Grusing pointed to a photo of Suzanne wearing a red shirt on April18, 2020 and asked, “That one?” Barry said, “Yep.”


http://www.[link removed]/wp-content/uploads/2021/11/AA_Text_html_m61b63e65.png


After continuing to read through the texts, Barry said, “She’s sayin’ she’s wearin’?” He was referencing the 04/21/2020 photo of Suzanne wearing a yellow and white shirt with her text, “Thanks baby. I wear it for you.”


Barry stopped reading, sat down and Agents asked if he had thoughts. He said, “That’s pretty hurtful.”


As to the cameras in the house:

SA Harris asked if Barry knew what the fight was about and he said, “She was accusing me of having an affair and she accused me of having cameras in the house, watching her every move.”


When SA Grusing asked if Barry had functioning game cameras, he said, “I had game cameras, I think all of them were in the safe, they took ’em all. I, the game cameras I had outside, sometimes I put ’em by the drive just to see if somebody’s coming in and out when I’m gone. But most of the time I’m trying to get a picture of a deer, an elk or a bear. But, I had no cameras in the house. I’ve never used a camera in the house and she was just absolutely sure that I had cameras in the house.”


Barry said he monitored the cameras with a “little SD card” that he could put into a computer. He added, “Yeah, and, urn, even the outside cameras, she thought that, ‘Oh you’re watchin’, or your girlfriend is watchin’ you on the outside cameras.’ I said, ‘Honey, the outside cameras don’t even work.’ And, but she was just certain that if like, I was outside with her and doing something in the yard, she would say, ‘I know she’s watchin’ you.’ Just stupid stuff, and I’m like, that’s why these, the only reason that these fights happen is because she’s accusin’ me. And I never understood them until now; she’s accusing me because she wants to justify her relationship.”
...
SA Grusing interjected to point to the “Knew I was looking at phone in bonus” line from Suzanne’s grievance list and asked Barry about that. He stated, “She thought I had cameras in the deer eyes of my mounts. She thought there were cameras in there, and I threatened to rip ’em out and prove it. I didn’t want to tear my deer mounts up, but,” SA Grusing interjected to ask if Suzanne talked to Barry about him seeing her on her phone.

I think Barry is setting her up to be a crazy paranoid drunk who ripped out all of the security camera wires.
 
  • #677
Happy New Year everyone! Stay safe!
 
  • #678
@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.

I am so sorry @Murphy1950. I missed your post.
Below, please find the possible options based on the article:
1. Community Foundation Boulder County is collecting monetary donations for those impacted. Donations can be made online at www.commfound.org/grants/get-grant/Boulder-County-Wildfire-Fund.

The other options listed as more for locals:
1. The Boulder Office of Emergency Management said people who can offer shelter to offer displaced residents should sign up online to be a vetted host through the Airbnb Open Homes Program. The program will contact people if needed.
2. Donations of household goods should be brought to local non-profit thrift stores, according to the Office of Emergency Management.
3. If you lost or found a pet, a Facebook page called Boulder County Fire Lost and Found Pets has been created for people to share information. People are also offering to take in pets.
4. Others with the capacity to shelter or relocate horses and other livestock are posting in a separate Facebook group called Horse Evacuation Boulder Fort Collins Fire.

Source: Boulder County wildfires: How to help victims of the Middle Fork, Marshall Fires (denverpost.com)
 
  • #679
N0pe.
(Discussion of Exhibit 4)

SA Grusing turned to communications between Suzanne and her lover, “Fred.” Barry was shown the photo of Suzanne dated April 14,2020 and asked if he thought she looked high. He said, “Yeah.” SA Grusing clarified, “She looks intoxicated to you?” Barry stated, “Yes. Do you mind if I read?”


Page 99 of 129


http://www.[link removed]/wp-content/uploads/2021/11/AA_Text_html_mc307661.png





Barry asked, “Is this him or her?” Agents explained the messages and photos were Suzanne’s sides of the texting to her lover. After reading a few pages, Barry said, “Yeah, she looks intoxicated on every picture I’ve seen so far.”


SA Grusing pointed to a photo of Suzanne wearing a red shirt on April18, 2020 and asked, “That one?” Barry said, “Yep.”


http://www.[link removed]/wp-content/uploads/2021/11/AA_Text_html_m61b63e65.png


After continuing to read through the texts, Barry said, “She’s sayin’ she’s wearin’?” He was referencing the 04/21/2020 photo of Suzanne wearing a yellow and white shirt with her text, “Thanks baby. I wear it for you.”


Barry stopped reading, sat down and Agents asked if he had thoughts. He said, “That’s pretty hurtful.”


As to the cameras in the house:

SA Harris asked if Barry knew what the fight was about and he said, “She was accusing me of having an affair and she accused me of having cameras in the house, watching her every move.”


When SA Grusing asked if Barry had functioning game cameras, he said, “I had game cameras, I think all of them were in the safe, they took ’em all. I, the game cameras I had outside, sometimes I put ’em by the drive just to see if somebody’s coming in and out when I’m gone. But most of the time I’m trying to get a picture of a deer, an elk or a bear. But, I had no cameras in the house. I’ve never used a camera in the house and she was just absolutely sure that I had cameras in the house.”


Barry said he monitored the cameras with a “little SD card” that he could put into a computer. He added, “Yeah, and, urn, even the outside cameras, she thought that, ‘Oh you’re watchin’, or your girlfriend is watchin’ you on the outside cameras.’ I said, ‘Honey, the outside cameras don’t even work.’ And, but she was just certain that if like, I was outside with her and doing something in the yard, she would say, ‘I know she’s watchin’ you.’ Just stupid stuff, and I’m like, that’s why these, the only reason that these fights happen is because she’s accusin’ me. And I never understood them until now; she’s accusing me because she wants to justify her relationship.”
...
SA Grusing interjected to point to the “Knew I was looking at phone in bonus” line from Suzanne’s grievance list and asked Barry about that. He stated, “She thought I had cameras in the deer eyes of my mounts. She thought there were cameras in there, and I threatened to rip ’em out and prove it. I didn’t want to tear my deer mounts up, but,” SA Grusing interjected to ask if Suzanne talked to Barry about him seeing her on her phone.

I think Barry is setting her up to be a crazy paranoid drunk who ripped out all of the security camera wires.
While I agree with your last sentence and I think that may well be an antelope - I lean toward Suzanne putting gauze or tape or whatever over it's 'eyes'. Hell, if he did have a hidden camera, it could've been anywhere.

In your first to last paragraph, Barry's statement makes me think it's TMI. It sounds contrived. Too may details.
Don't forget, this is a man who was adamant about his marriage being perfect. All of a sudden, she's a paranoid alcoholic nutjob who thought he was cheating and spying on her. Which is it, Barry?
I think she may well have ripped out those camera cords. I didn't think so at first but now it makes sense.

Even though it was a PH, who was it that asked Barry if he thinks she looks drunk? Was that his defense attorney? I thought he just served that up on his own. I'm sorry, it's hard to keep up going by tweets.
That was a very leading and unnecessary question. No one can tell by any of the photos if she's 'drunk'.
It's a smear campaign, just like the time consuming JL bullshat.
 
  • #680
While I agree with your last sentence and I think that may well be an antelope - I lean toward Suzanne putting gauze or tape or whatever over it's 'eyes'. Hell, if he did have a hidden camera, it could've been anywhere.

In your first to last paragraph, Barry's statement makes me think it's TMI. It sounds contrived. Too may details.
Don't forget, this is a man who was adamant about his marriage being perfect. All of a sudden, she's a paranoid alcoholic nutjob who thought he was cheating and spying on her. Which is it, Barry?
I think she may well have ripped out those camera cords. I didn't think so at first but now it makes sense.

Even though it was a PH, who was it that asked Barry if he thinks she looks drunk? Was that his defense attorney? I thought he just served that up on his own. I'm sorry, it's hard to keep up going by tweets.
That was a very leading and unnecessary question. No one can tell by any of the photos if she's 'drunk'.
It's a smear campaign, just like the time consuming JL bullshat.
Grusing shows Barry the last proof of life of Suzanne and Barry volunteered that she looked drunk. No one asked him, from what I can tell.

From page 70/129 of AA:
Barry said he had to go to work but agreed to see the photo of Suzanne's last proof of life.

Barry looked at the photo and said, "Well, look at her. She's obviously drunk. Look at her eyes. Do you know what drunk eyes look like?" He added, "I mean, would you say those eyes are drunk eyes?"

SA Grusing said bloodshot eyes are what he looks for.

Barry said, "No, it's, it's the la-the lazy eyes is what I see in her and she drank-"
 
Status
Not open for further replies.

Members online

Online statistics

Members online
131
Guests online
2,881
Total visitors
3,012

Forum statistics

Threads
632,199
Messages
18,623,467
Members
243,056
Latest member
Urfavplutonian
Back
Top