Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #94

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  • #761
Looking once again at the AA and this time I am focusing on initial statements, initial information from all involved. What the Ritter's said, what Barry said to the Ritter's, what Barry told LE on the phone and once at the scene on the 10th. I think this paints the best picture of the story Barry intended to use. It adapted after days/weeks/months, but that first day it's very telling.

There is no reason to lie that day if you have done zero wrong. There is no reason you don't remember if the alarm woke you up that same morning or if you were up early.. a big work trip out of town? come on you know if you woke up before the alarm (which wouldn't be out of the ordinary for many people.. you get excited about a trip or know you need up at a certain time and just the worry of if your alarm will go off, etc.). If you show up at a job site and work for 15 minutes and head to the hotel, you remember that. When your neighbor calls about your missing wife, you don't say you are at a job site with workers present if you are really in your hotel room. These initial statements are really going to be a big point I think for the prosecution. At this point, if he is innocent, he is just a husband out of town for work and he is getting a call that he has no idea he will be getting (remember he actually didn't do anything to Suzanne in this scenario). He's in his hotel room relaxing watching some TV because he showed up and really didn't have much to do at the job site after all so he decided to hang in the room and relax until his employees how up later.. okay so when the neighbor calls to say he can't find Suzanne you say okay, let me unload these tools and I'm on my way! ummm NOPE you say I'm at the job site with some workers, I'll have to swing by the hotel and drop tools off then I'll be on my way?? WHY?

Those statements aren't coerced, they aren't Barry feeling pressure to fix data to match a story the police are telling. Those statements are just his initial reports to the neighbor and to the police who have showed up to a reported missing woman, not to a murdered woman, they were not suspicious of him for anything, just getting basic info. His reaction BEFORE any suspicion was on him was to lie. His initial story was to lie about what time he woke up and how he was woke up? What reason would an innocent person have to lie about that? Him waking up at 4 on his own and deciding to load his truck before 5 does not mean he hurt his wife, it means he woke up and got a head start. Why did he feel the need to lie about that?

Think about this.. did your alarm wake you up this morning? Did you set your alarm, but woke up early to pee? Did you leave for work on time or late? Did you stop anywhere on your way to work? Did you see any Elk and follow them before heading to work? Did you load your car last night or did you have to load things this morning? We could all probably answer most of that without lying or forgetting anything. We also likely would not be more likely to remember something else 9 months from now.

So just looking at those 2 things, they are things people would have no reason to lie about. They aren't something you forget or just get nervous and say something wrong. You are on the phone with a person and you are speaking about where you are at that exact moment? It's a flat out lie to say you are somewhere other then where you are.

These 2 lies will be key. Either way, he doesn't look bad so why lie about them? The lying about them is what made him look bad.
If Barry was innocent, I could buy that the details after he got the call that Suzanne was missing might be a blur. He might have been in a panic, calling everybody, grabbing stuff from his truck and getting on the road home.

But from experience, I have to say that everything that happened before he got that call should have been indelibly etched in his memory. There’s kind of a “before” that you can play over and over, and you do. You think about that morning, and the last time you saw your loved one. Whether you kissed them. If they stirred. What you did the day before. What the last words you spoke to them were. In remarkable detail. It will haunt you. For anyone here that has experienced a sudden loss, has this happened to you? It’s a horrible thing that you can’t get out of your head-I do not believe that Barry is unable to remember any details of the “before” days.
 
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  • #762
No but in the AA page 73 , Barry drove his truck beside the Agents' car at about 5:03 PM and handed a weathered .22 caliber altered rifle with a newly mounted rifle scope to Agents. Begs the question, altered how (?)and why a new scope? Scopes aren't cheap.

Well DUH!!! Spent the day thinking about this case (as I do most days :confused:) and now I'm answering my own question....

The gun that went with the scope was most likely the murder weapon. Throw out the boots, keep the laces. Throw out the gun, keep the scope (yes folks, because he is that tight) The scope was probably in his back pack, I'm sure it wasn't searched that night, if at all.

ETA: I don't think he had that "altered" 22 hidden anywhere, probably something he picked up in Indiana on one of his trips, could have been in mom's garage, could be from anywhere.
 
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  • #763
If Barry was innocent, I could buy that the details after he got the call that Suzanne was missing might be a blur. He might have been in a panic, calling everybody, grabbing stuff from his truck and getting on the road home.

But from experience, I have to say that everything that happened before he got that call should have been indelibly etched in his memory. There’s kind of a “before” that you can play over and over, and you do. You think about that morning, and the last time you saw your loved one. Whether you kissed them. If they stirred. What you did the day before. What the last works you spoke to them were. In remarkable detail. It will haunt you. For anyone here that has experienced a sudden loss, has this happened to you? It’s a horrible thing that you can’t get out of your head-I do not believe that Barry is unable to remember any details of the “before” days.
Yup. He gets that phone call from Mr. Ritter, and tells him that he's "at the wall with workers present."

One does not suddenly forget where they are, and start making up lies (workers being there).

Besides that, we all remember where we were when significant events in our lives (or history), occurred.

This was merely the first volley in a sustained campaign of deceit.
 
  • #764
In reading the AA in the very beginning paragraphs it says that Barry accused her of having a BF on May 6th. Is that in a text somewhere? I think that is another of those pieces that explain the behavior after the 6th. Maybe he knows for sure because he is monitoring or watching her or reading texts, etc or it's a suspicious he is trying to confirm. I think the fact that it's listed in the opening explanation of the crime in the AA might be a key point. Maybe that is when the prosecution feels that switch flipped and he started planning it? It says Suzanne took clear action since Jan of 2020.. maybe bank accounts? Then it says he accused her of having a bf on May 6th. Seems he suggested it to her several times before that also, but maybe the May 6th date is the start of his planning?
 
  • #765
Good question. Do we need to add that to the list of items he had stashed somewhere?
The thing is, he got himself all twisted up with the whole killing chipmunks story. If you were confronted by LE as to why you were running all around the house on the last day your wife was known to be alive, you would likely say, “What are you talking about? I was never running around my house that day.” Now he’s got himself killing chipmunks, 85 of them, admitting he was shooting a gun that day, and intertwining that with the dart story, tranquing deer for their antlers, etc, etc, etc. You’re telling the cops they’ll likely find bullets, bullet casings, tranquilizer darts and fluid, antlers from illegally tranqued deer and God knows what else. They must have been looking at him and saying “What the …………. You have got to be kidding me. This guy is a treasure trove of ludicrousness.” :p

Barry's statements sound like a convoluted, slapstick movie script
Another Naked Gun maybe...

Be funny if it weren't true
 
  • #766
Yup. He gets that phone call from Mr. Ritter, and tells him that he's "at the wall with workers present."

One does not suddenly forget where they are, and start making up lies (workers being there).

Besides that, we all remember where we were when significant events in our lives (or history), occurred.

This was merely the first volley in a sustained campaign of deceit.
I would think the worker's cell phones would indicate they had not yet arrived in Broomfield, as well as HIE security tapes.

Do we know what time or even what day MG, JP and (CC maybe?) arrived in Broomfield?
 
  • #767
Dare I ask-is there absolutely any chance that any of Barry’s statements to LE be ruled inadmissible? Honestly, I think winning this case hinges on Barry’s lies. That scares me-because I don’t know how by the book each interview went.

No...IMO.

Generally anything a defendant says is fair game unless they had requested an attorney or they were coerced and the statement is not "voluntary". Neither appear to be the case here.

The discovery violations being considered by the Judge do not relate to the defendant's statements. If there are sanctions for violations they will likely be related to the discovery in question...IMO.

The defense was smart to insist that all of the defendant's statements be played to the jury.

Even if the state buried some key evidence in the victim's RR telemetrics and it was a very egergious violation and involved exculpatory evidence (like movement in the RR when Defendant is known to be in Denver), the sanctions would not relate to the defendant's statements....IMO.

If there was an egregious violations of discovery involving exculpatory evidence, the judge may dismiss the case. That is rare in my opinion and usually if these things transpire in a serious case, the judge will tip their hand to the DA and give them a chance to dismiss the case before jeopardy attaches.

IMO
 
  • #768
I would think the worker's cell phones would indicate they had not yet arrived in Broomfield, as well as HIE security tapes.

Do we know what time or even what day MG, JP and (CC maybe?) arrived in Broomfield?
Page 50: It was late that evening.

Morgan provided more details about her trip to the Broomfield hotel, to include her route, on May 10th• She wrote, "Arrived at hotel 10:00 -10:30, Grabbed Barry's tools, Went to check in."
 
  • #769
Are cadaver dogs able to detect corpses buried under ground, in water or in a cave or mine?

If so, this pick your own ending theory about the victim being in a mine or anywhere nearby the house is not very solid and I doubt the State is going to float this at trial considering the extent of the searches that were conducted early on in the case....IMO.

Questions can be the death nail in criminal cases...too many questions about the state's case usually means mistrial or acquittal.

IMO
Good question and how long is the cadaver odor detectable after a person dies ? Would the smell even be detectable almost two years after her murder?
 
  • #770
If Barry was innocent, I could buy that the details after he got the call that Suzanne was missing might be a blur. He might have been in a panic, calling everybody, grabbing stuff from his truck and getting on the road home.

But from experience, I have to say that everything that happened before he got that call should have been indelibly etched in his memory. There’s kind of a “before” that you can play over and over, and you do. You think about that morning, and the last time you saw your loved one. Whether you kissed them. If they stirred. What you did the day before. What the last words you spoke to them were. In remarkable detail. It will haunt you. For anyone here that has experienced a sudden loss, has this happened to you? It’s a horrible thing that you can’t get out of your head-I do not believe that Barry is unable to remember any details of the “before” days.

Been there Dizzy, just a year ago with my sister who was also my best friend. You are dead on...every detail, memory, when you saw them last, what you said, what you did and where you were when you received the untimely/devastating news never leaves you. And you stated it all perfectly...it haunts you and you want answers when things do not add up..JMO
 
  • #771
Are cadaver dogs able to detect corpses buried under ground, in water or in a cave or mine?

If so, this pick your own ending theory about the victim being in a mine or anywhere nearby the house is not very solid and I doubt the State is going to float this at trial considering the extent of the searches that were conducted early on in the case....IMO.

Questions can be the death nail in criminal cases...too many questions about the state's case usually means mistrial or acquittal.

IMO

Yes, it seems unwise for the state to float theories as to where she could be.
As a no body case would prosecution feel the need to do so?
Seems there is enough evidence indicating Suzanne is no longer alive and she ceased to interact or engage in activities of daily living May 9th when Barry returned home.
IANAL(!) and really appreciate your comments...

Edit:
I put an (!) after IANAL because the thought of practicing law makes my heart race.
For those who are attorneys Thank You:)
 
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  • #772
Been there Dizzy, just a year ago with my sister who was also my best friend. You are dead on...every detail, memory, when you saw them last, what you said, what you did and where you were when you received the untimely/devastating news never leaves you. And you stated it all perfectly...it haunts you and you want answers when things do not add up..JMO

I'm sorry for your loss

 
  • #773
  • #774
Good question and how long is the cadaver odor detectable after a person dies ? Would the smell even be detectable almost two years after her murder?

Not my area of expertise, but detectablibilty by a trained cannine likley is related to the level/stage of decomposition of the corpse?
 
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  • #775
Yes, it seems unwise for the state to float theories as to where she could be.
As a no body case would prosecution feel the need to do so?
Seems there is enough evidence indicating Suzanne is no longer alive and she ceased to interact or engage in activities of daily living May 9th when Barry returned home.
IANAL(!) and really appreciate your comments...

Great points!

I agree if this was just murder charges. When the state added a charge related to doing something with the victim's body, they created a burden to prove "what" was done to the body to prove up this charge.

Therefore, unless they dismiss this charge before trial (which is exactly what I would do if representing the state), they will have to come up with a theory regarding that charge and that could get hairy if you do not know exactly what happened.

One of several strategic missteps by the DA's office. It does appear that the current assistant DA handling the matter has much more experienced in these sort of cases than his predecessor or even his boss.

It will be interesting to see how he handles things going forward, including what charges actually make it to the jury.

IMO
 
  • #776
The question (from IE) about Suzanne's journal really bothers me.

Suzanne wasn't 14.

If she went to tremendous lengths to keep JL secret, IMO she didn't write about him in her journal, set on her nightstand for anyone to read; likewise and for the same reason, I seriously doubt she chronicled Barry's actions. Little eyes, big eyes.

If it contained her deepest secrets -- whether about JL or BM -- it would never have been on her nightstand. It would've been in the bin in her closet with her spy pen.

No, I would expect her journal wasn't about JL or BM. It about her. You can write about sadness, joy, gratitude, disappointment, fear, insight and hope without naming names.

It remains a huge loss that both her life and her journal have been lost for all time.

JMO

I think it spoke about her new found freedom to speak her mind, to feel what she feels, to be assertive, or ballsy (as Barry so rudely claimed). I think it would have given LE a very clear picture that she was not suicidal, didn't intend to run off to Ecuador or Arizona, or anywhere else. I think that was what he didn't want them to see. It would ruin the possibilities that she ran off.
 
  • #777
What's your theory?

Where'd he stash it? Based on the condition/appearance, do you think it was buried (and subsequently got wet)? We know he's a barrier.

Not a proper way to take care of a gun but then look at his workbench, his truck, his Indiana couch disposal, and Suzanne's list of reasons; he dun't take care of what most men would.

JMO

I think it's ancient and much abused. All of the rust has been there awhile.

Every idea makes less sense than the last. He had to have stashed it where no one would look, but he couldn't risk leaving it near Suzanne. Maybe he hid it over at the Cushman's?
 
  • #778
This was a great article that answered so many questions I've had about cadaver dogs. Thank you for sharing!

"Dogs are able to pick up a scent within minutes of the death or years later. In some studies, they have found 25-year-old skeletonized remains, buried in an area of 300 by 150 feet. Hurst works with a volunteer group, NecroSearch International, Inc., that brings together specialists from many disciplines—everything from botany, anthropology, and entomology to computer analysis—to help law enforcement solve decades-old cases. Canine sniffers are important in many of these searches."


I know NecroSearch was used in SM's investigation.

JMO
 
  • #779
No...IMO.

Generally anything a defendant says is fair game unless they had requested an attorney or they were coerced and the statement is not "voluntary". Neither appear to be the case here.

The discovery violations being considered by the Judge do not relate to the defendant's statements. If there are sanctions for violations they will likely be related to the discovery in question...IMO.

The defense was smart to insist that all of the defendant's statements be played to the jury.

Even if the state buried some key evidence in the victim's RR telemetrics and it was a very egregious violation and involved exculpatory evidence (like movement in the RR when Defendant is known to be in Denver), the sanctions would not relate to the defendant's statements....IMO.

If there was an egregious violations of discovery involving exculpatory evidence, the judge may dismiss the case. That is rare in my opinion and usually if these things transpire in a serious case, the judge will tip their hand to the DA and give them a chance to dismiss the case before jeopardy attaches.

IMO

Do you think playing the entire recorded interviews helps or hurts the prosecution? Is the defense trying to bore the jury and hope they zone out on key points? Is the entire audio likely to make him look better because it all can't be as bad as the key points they noted?

I recall at the time the AA was written the RR telematics were not completed yet. I am assuming the defense requested those at some point after that? Is there a reasonable time for which the defense has to be provided those items? Is it as soon as the prosecution has them or a certain amount of time before trial?

I guess I want to believe the best in people (heck I even believed Barry could be innocent until the release of the AA and well I can't hold on to that possibility after reading the things he lied about, both important and really unimportant details) so I assume that if evidence exists that suggests someone was in and out of the RR or moving it after 530am, then they wouldn't be pursuing charges against Barry or at the very least they would be looking for an accomplice. Why would they withhold evidence on purpose?
 
  • #780
Been there Dizzy, just a year ago with my sister who was also my best friend. You are dead on...every detail, memory, when you saw them last, what you said, what you did and where you were when you received the untimely/devastating news never leaves you. And you stated it all perfectly...it haunts you and you want answers when things do not add up..JMO
I'm so sorry.
 
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