Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #95

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  • #341
He was 3-1/2 years older than she was. His DOB is 10/17/1967 and hers is 4/30/1971.

BM was out of high school and recruited by Toronto Blue Jays farm team by the time SM entered her sophomore year of high school. Those are substantially different phases of life. He: launched. Her: three years from launch.
My husband is 3 and a half years older than me and we are from the very same era!
 
  • #342
I'm going to need you to find and post that quote from the AA.
You want me to go through that whole affadavit. I wish I had the time, but I do not. sorry
 
  • #343
IMO this case will be decided by the electronic forensics. I hope it can be explained in a way non Techies can understand.

The rest can be riddled with reasonable doubt. BM’s old friend (SO?) who’s opinion is BM did it also said BM lies all the time and expects people just to shut up and go along with him. Reasonable doubt for all the lies he told to LE IMO.

BM controlling? 6 out of state trips by SM, a stay at home mom = Reasonable doubt.

the bike being staged because of the wheel position? A beginning rider going over the handle bars flings a bike down hill if they aren’t using clipless pedals. The front wheel position can end up anywhere.. however the no evidence of a body landing means this can go either way.

Security cameras not working. Only SM touch DNA on the cords.

Ford F-250 computer being reset? Explain how BM would know how to do that and leave partial data in the on board computer, just leaving a hole in the data time wise and not loose everything. As a juror, I’d want a demonstration. (I’m cynical and spent the last few years doing ITSecurity. I can’t figure out how you leave a hole in the data. Usually it’s all gone or none gone. Doesn’t mean it can’t be done but I’d want a demonstration.)

no gun capable of shooting the tranq dart IMO. Can you use one by hand? Do you need it to hit hard via 22 blank or air charge to inject the drug? Prove it..

@MassGuy said he thought 85 percent conviction chance. I’m closer to 45-50 %. It all depends on what evidence is allowed in and so far, we do not know what that will be.

BM controlling? 6 out of state trips by SM, a stay at home mom = Reasonable doubt.

If you look at each of those trips, you see that she had good, solid explanations---'going to see family', 'going to see friends from high school for an event', etc etc. Even a controlling husband could allow a wife to go see her ailing father.

But BM, the controlling husband just showed up unannounced on one or more of those trips, IIRC. That could be seen as controlling in itself. I don't think her trips would nullify her experience of him being stifling and controlling. JMO

Also, although you label her a 'stay at home mom'--her kids were both almost grown. It is the time that a SAHM begins to stretch her legs and go back into the world.

the bike being staged because of the wheel position? A beginning rider going over the handle bars flings a bike down hill if they aren’t using clipless pedals. The front wheel position can end up anywhere.. however the no evidence of a body landing means this can go either way.

There are a lot more things questionable about the supposed bike ride, other than the way the front wheel was found. It was found in an area she never rode bikes before because it was too advanced.[ According to daughter's bf] She wouldn't have ridden to that place all the way from home. She wouldn't have left her sunglasses and her water back in her car.

She wouldn't have been off her cell and social media ALL DAY before her bike ride, especially on Mother's Day. She had been radio silent since the night before, which was very unusual for her. She went silent from 2 major conversations the previous day and never replied to anyone, before supposedly going on that bike ride.

It was a very busy Sunday in the area her bike was found---and yet no one reported seeing her biking that day.

Security cameras not working. Only SM touch DNA on the cords.

That could have been very easily set up and staged by him. "Hon, I am trying to reboot the cameras, can you unplug them for me please?'
OR he puts her hands on them when she is unconscious?
 
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  • #344
From the AA page 21 of 129 :
Agent Cahill observed scratches on Barry’s left upper arm. Barry stated, “Yeah, like , that from a tree…in, uh-wh-when we were hikin’ in the mountains”*
There is a footnote #30 at the bottom of the page referencing the scratches :
*These injuries appeared to be healing, several days old scratches

I have not read in the AA where Suzanne attacked him and at the same time made these scratches. Is there a page number in the AA you can reference? There is so much detail in the AA that it can get confusing and the pictures of the fingernail marks on Barry's arm are most likely referenced elsewhere as well

Many here have made the case in their opinion on these threads, that those marks on his arms are perhaps scratches/gouges from SM’s fingernails as she tried to fight him off as he killed her. Is that what you are referencing?
Barry also said he was embarrassed by the scratches that Suzanne gave him.
 
  • #345
Both Suzanne, in her own words, and her sister, in interviews, talked about BM's infidelity.

I don't find that confusing at all.
It is confusing because noone has said who he supposedly had an affair with and noone else mentioned it. I don't believe he had any at all.
 
  • #346
It is confusing because noone has said who he supposedly had an affair with and noone else mentioned it. I don't believe he had any at all.
^^bbm
I disagree -- others in the AA have mentioned it. I believe the difference here for investigators between SM and BM affairs is that JL corroborated/confirmed they were having an affair. Investigators do not have confirmation from any of BM's alleged affair partners. I recall a name for BM allegedly came up during the PH but whether or not it made it into discovery is another question. MOO
 
  • #347
It is confusing because noone has said who he supposedly had an affair with and noone else mentioned it. I don't believe he had any at all.
The prosecution called the defense into a room and apparently presented them with evidence that Barry did in fact have an affair back in Indiana.

I don't think it matters, as it was so long ago and doesn't go motive.

He certainly got very handsy and creepy with Holly though, touching her breasts, saying that she "was Suzanne to him," etc.

This jibes with a man who mentioned "sex" dozens of times in the AA.
 
  • #348
The prosecution called the defense into a room and apparently presented them with evidence that Barry did in fact have an affair back in Indiana.
BBM
I remember hearing the two sides were called together but I didn't know it was to reveal an affair.
 
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  • #349
  • #350
It is confusing because noone has said who he supposedly had an affair with and noone else mentioned it. I don't believe he had any at all.

What does it matter who he had an affair with?

Who else is supposed to mention it?

You are certainly entitled to your own opinion and belief, that Barry, a proven liar, was not lying when he claimed he had never had an affair.

I choose to believe Suzanne, the victim, and her sister.

moo

ETA oh, and I also trust the information the prosecution gave the defense regarding an affair, as @MassGuy so helpfully provided.
 
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  • #351
A large portion of the content posted here has consisted of speculation about BM's character, many taking off from SM's assessment of him as "narcissistic" and as exhibiting the behaviors we associate with a very selfish and self absorbed man. This is an interesting way to pass the time and may be mildly therapeutic for us, but @Momofthreeboys is right to point out that even if this were admissible in evidence, the evidence to prove BM's character is pretty thin and likely selective.

Just as important, the jury will not hear anything of this kind.

The prosecutors, whatever we may think of their competence, could never have considered attempting to prove that BM killed SM based on evidence of his character - including his prior bad acts - because it simply doesn't make the fact that BM killed SM in May, 2020 more likely. If it did, the hearsay rule and the Confrontation Clause would not be allowed to stand in the way.

None of SM's texts will be admitted for the truth of their contents, and if we want to understand better what is going on, we should begin to focus less on BM's character traits and more on the evidence that makes the elements the prosecution more likely. In the words of the jury instruction:

1. That BM,
2. in the State of Colorado, at or about the date and place charged,
3. after deliberation, and with intent
a. to cause the death of a person other than
himself,
b. caused the death of SM.

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of murder in the first degree.

After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of murder in the first degree."

SM's out of court statements may be admitted to show her state of mind: that she was unhappy in the marriage (regardless of justification or lack thereof) and wanted to leave before MM2 left the home; that she had taken concrete steps to do so (e.g. talking and texting to BM about it; planning to look for a separate residence for herself and MM2). All of this evidence makes it more likely that BM intended to kill her to prevent the dissolution of the marriage and that he did so after deliberation.

Some will say it is not enough, standing alone. I agree. But it won't be standing alone. A circumstantial case is like a mosaic of evidence. Each piece is nothing but a bit of colored tile. It's only when you consider them all together that you see that they create a complete picture. Motive in the air proves nothing. But it's part of the picture the prosecution can build. SR can get our eyeballs to watch his show by making statements like, "BM is winning." But that's entertainment. Even SR knows the Super Bowl champions were losing - right up to the point of their victory.

Trials are a human endeavor, and humans are imperfect. Nonetheless, I remain confident that BM will not need suntan lotion this summer.
 
  • #352
All in all, she would certainly have been better off had she not been murdered.

I am not sure if you are aware that suggesting what a murder victim should have done can be seen as showing a lack of decorum.
I agree. I do not believe that her becoming a substitute teacher would have saved her life. JMO
 
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  • #353
You want me to go through that whole affadavit. I wish I had the time, but I do not. sorry

You might try the SEARCHABLE AA that @sk716 has posted: Barry Morphew Redacted Arrest Affidavit – Find Suzanne Morphew It's really helpful.

Once you have the document pulled up, while holding the CONTROL key, press F. A search box will pop up. Move the cursor to the search box. Type in the search term. The term will now appear highlighted so you can find it easily. Also, the number of times the term appears in the document displays. Hit the ENTER key to advance to the next appearance of your search term.
 
  • #354
SM disappeared when churches were not gathering and services conducted virtually but I think he likely attended Grace Church in Salida with SM and daughters prior to covid. I recall seeing the family members mentioned by name on the church media site when SM first missing. I think by the time in-person services resumed, BM's story was rightfully already deemed questionable so don't imagine he'd show his face. Given BM's personality, I think he probably mailed a check to keep up appearances. JMO.

ETA: I recall reporter LS visited the church and was quickly shown the door.
BBM
So much for churches "Welcoming" anyone through the door and into their services. YIKES
 
  • #355
<modsnip: quoted post removed>
I wouldn’t think that SM had a lot of idle time what with making a big move to another state away from where she’s always lived and then having her cancer come back after years of remission, going to treatments, worrying that her husband threatens to stop paying for said treatments, trying to maintain normalcy for her child still in high school amidst a global pandemic. But that’s just me.

Saying she would have been better off getting a job is victim shaming.
IMHO

“You don’t just see beauty when Suzanne is around, you feel it”: Friends describe missing Chaffee County woman | FOX21 News Colorado

Suzanne, a strong woman on many levels, overcame Hodgkins Lymphoma twice. Once before her children were born, and again as the Morphew family moved to Colorado. The family says they celebrated her last cancer treatment on October 1, 2019.

Suzanne was so happy on the day of her last treatment. She was still coming in for maintenance treatments, but the chemo was done and she was doing great. She was supposed to come in for her maintenance the Monday after Mother’s day, but of course, did not show up. She was a bright light in this world. I really miss Suzanne and pray that justice is served.

“One of the last times I saw her, I was at Walmart when the pandemic had started,” Wooddell said, in tears.

“I saw her pull up across from me in her car and – it’s been lonely. Gyms were closed, everyone had been socially distant, so I had missed seeing her. And she was one of the people I had really missed seeing, so when I saw her pull up, I went to just tap on her window. She rolled her window down and I jumped back, because I didn’t want to be close to her and, she’s just so cute, she said, ‘Oh, I’m just about to mask up. I’m about to put all my stuff on.’ I said, ‘How are you, how are the girls?’ And she was telling me about how much fun she and the girls were having cooking and planning meals every day, and how much she was cherishing this time with both of her daughters.”

During a time of panic and confusion, Wooddell indicated, Suzanne put her family first.
 
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  • #356
It is confusing because noone has said who he supposedly had an affair with and noone else mentioned it. I don't believe he had any at all.

An earlier poster differentiated between an affair (usually of some time duration) and infidelity (could be a one night stand). I would add that some might say 🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬 = infidelity. Given the internet searches we KNOW about (see quotes below), I wouldn't be surprised if he was addicted to 🤬🤬🤬🤬. Sadly, a huge section of the population view 🤬🤬🤬🤬 regularly. I saw one study that said 1 out of 3 men self-report they are addicted to 🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬. (39 Shocking Sexual Addiction Recovery Statistics - HRF)

AA, pg 32: On January 25, 2020, Barry’s phone accessed, “LocalSnapSext.com,” “Find a Cute Girl Near Salida,” and, “Come Get Dirty, REDACTED (along with other such sites that were recovered from “Deleted Web Searches” on Barry’s phone).

And the footnote that goes with that: When Barry was asked by CBI if he ever searched online to meet other women, he replied, “No, never.” (Reference July 8th interview). He added, “Absolutely not, never.”
 
  • #357
  • #358
Are you trying to be funny? How is it a murderer has a “right” to

Im not trying to be funny. The constitution protects the accused, not so much the victim. That often seems unfair, but it is what it is. As of now BM is only accused of SM’s murder, so all the constitutional protections apply.

If texts or 0r her list are allowed in, how does the defense defend against some one they can not cross examine. That seems very unfair to the victim, SM, but the protections are for the accused, BM.

take for example SM stating BM is a narcissist. What does she mean by narcissist. Is her understanding the same as yours, mine, the 12 jurors? Does she have examples of what he did/does to show he is a narcissist? How can anyone know without asking her?

How can BM’s defense defend against past written/texted statement from SM, without her being there to ask?

This is all IMHO. I may be wrong. As the law is so complicated at times even attorneys get it wrong, it’s even likely that I am.
 
  • #359
  • #360
Barry also said he was embarrassed by the scratches that Suzanne gave him.
He didn’t say he was embarrassed by them. He said he had to lie about them in the past “ when people got in his face “.
So he admits it’s something to lie about.

On May 13, 2020 when LE first observed his arm and photographed it he said the scratches were from hiking in the woods ( with SM ). Later he said they happened when he was out searching for her.
On January 27, 2021 he did not recall.
 

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