Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #96

[Momofthreeboys]

It is interesting, but the reality is that you can be a really awful nasty back stabbing coworker or philanderer, a person who embellishes and lies or a dozen other things that are distasteful and not be a murderer. We don't have to "like" Barry at all, jurors don't have to "like" him. The trial is about did he murder his wife...simply thinking he might have because he's an awful person isn't enough. Suzanne doesn't deserve to be murdered either no matter what kind of person she is, but on the other hand the state has an obligation to do the investigation, gather enough evidence admissible at trial, take their case before a judge and jury and put the correct person behind bars....which is going to happen within a very short amount of time if things continue as they have been.

 

[Cassady]

Gun Lights. Part 2. Cahill & CBI Weapon?
@Cindizzi bbm sbm Yes, good question. Going back to what* @MassGuy quoted, post 45, Cahill had installed his own personally owned gun light on CBI-issued firearm. Was gunlight on an approved or non-approved list of gun-lights, for use w that CBI gun?
Did he have plans to retire that day, remove the light, turn in gun???
Either approved or not approved, okay, I can see someone doing that. Still a big co-hinky-dink.
Or
If no plan to retire, did a special circumstance that day prompt/compel him to remove (possibly unapproved) light from gun? Say, inventory/audit type function? "Investigators, present your gun, ammo, etc at (time & place) tomorrow, like we do quarterly/annually." Or surprise inspection?
Really s-t-r-e-c-h-i-n-g here. my2ct. Anyone have plausible alternative?

_________________________________________
* "The CBI Internal Affairs investigation found that Cahill was attempting to remove a gun-light that he owned from his CBI issued weapon because he said he was planning to resign from the CBI that day.
"Cahill bought a new gun-light to attempt to cover his lie when he was interviewed by another CBI agent.
"Before admitting to the truth, "Cahill initially lied on four occasions upon being specifically asked when he purchased the new gun-light before correction," the report obtained by 9Wants to Know states." bbm
* Defense attorneys file motion to dismiss Barry Morphew's murder case

IMO you must follow the timeline carefully to have some insight into this issue.

Agent Cahill was the person responsible for following up on the DNA evidence prior to the prelim.

Agent Cahill testified at the prelim.

Sometime shortly after the prelim Agent Cahill was removed from this case by the DA's office because they did not like his testimony at the prelim. What that means is unclear as they have not said much beyond that, at least that I am aware of.

According to the article, Agent Cahill is removing a light from his agency issued sidearm on the day he is planning on "resigning" from the CBI. Not retiring...resigning. There is a huge difference.

During this process he accidentally shoots himself.

Agent Cahill then lies to CBI investigators multiple times about the accidental discharge.

Why was Agent Cahill resigning from the CBI? Did it have something to do with his being removed from this case a few months earlier? Was it something from his work on other cases?

IMO the Brady letter was about more than the accidental discharge incident, especially considering the Cahill timeline.

For the upcoming hearings, this is what the defense will likely focus on with the CBI and CCSO witnesses...IMO

 

[al66pine]

Gun, "Personal" or "CBI Issued" Which? MSM Reporting.

The answer likely does not make two cents worth of difference in the scheme of things, i.e., Cahill's testimony, if given, in crim case against BM.

Just a discrepancy in MSM reporting of facts. my2ct

Denver Post* "...an internal affairs report was issued about an “accidental discharge” of his personal gun in his home while he was off duty...” bbm
CBI agent in Barry Morphew murder case resigned amid internal affairs investigation
Jan 24. Thanks @Cindizzi

9news.com** "...The CBI Internal Affairs investigation found that Cahill was attempting to remove a gun-light that he owned from his CBI issued weapon because he said he was planning to resign from the CBI that day..." bbm
Defense attorneys file motion to dismiss Barry Morphew's murder case Feb 24. Thanks @MassGuy.

 

[Volgal]

Dateline will be interesting, just saw clip with BM friend TS and it makes it look like we are all loco in true crime community. I just hope they really show some discrepancies with BMs story to everyone.

 

[Cassady]

BBM

I think the prosecutions strategy so far has been brilliant and I'm glad that Hurlbert seems to be following Lindsey's game plan. Play everything very close to the vest and let Hurricane Iris blow herself out in pre-trial trying to counter arguments that haven't even been made. It allows the State to see just exactly what the defense is worried about.

IMO showing up 1/2 hour late for court, missing Court ordered discovery deadlines, having the DA violate pre-trial publicity orders, having a lead investigtor with a Brady letter are all terrible strategies if you are seeking justice for a victim.

The government has all the power and resources available to make sure when they prosecute people that they have all their ducks in a row. In 90% of most criminal cases, the state has overwhelming evidence against a defendant.

That is especially true in a murder case seeking justice for a victim. Once jeopardy is attached, there is no going back for the state, so they better be 99.9% sure that their case is ready to present and that they can obtain a conviction.

The DA in this case, IMO, has dropped the ball on several occassions and do not appear to be very organized. In contrast, the Defense is prepared, organized and litigating the heck out of the case. They are the aggressor and usually it is the other way around.

This close to trial the state should be hitting their stride, not potholes.

IMO

 

[Cindizzi]

IMO you must follow the timeline carefully to have some insight into this issue.

Agent Cahill was the person responsible for following up on the DNA evidence prior to the prelim.

Agent Cahill testified at the prelim.

Sometime shortly after the prelim Agent Cahill was removed from this case by the DA's office because they did not like his testimony at the prelim. What that means is unclear as they have not said much beyond that, at least that I am aware of.

According to the article, Agent Cahill is removing a light from his agency issued sidearm on the day he is planning on "resigning" from the CBI. Not retiring...resigning. There is a huge difference.

During this process he accidentally shoots himself.

Agent Cahill then lies to CBI investigators multiple times about the accidental discharge.

Why was Agent Cahill resigning from the CBI? Did it have something to do with his being removed from this case a few months earlier? Was it something from his work on other cases?

IMO the Brady letter was about more than the accidental discharge incident, especially considering the Cahill timeline.

For the upcoming hearings, this is what the defense will likely focus on with the CBI and CCSO witnesses...IMO

The matter of a letter of intent to sue naming JC as one of the investigators was sent in October and might factor into his decision to resign. JMO

Barry Morphew plans to sue DA, investigators for malicious prosecution
CHAFFEE COUNTY, Colo. — A civil law firm has sent letters to members of the Chaffee County Sheriff’s Office (CCSO), 11th Judicial District Attorney’s Office, Federal Bureau of Investigation (FBI), and Colorado Bureau of Investigation (CBI) claiming the case against Barry Morphew consisted of an unlawful arrest, malicious prosecution, and defamation.

On October 18, Fisher & Byrialsen, P.L.L.C, a Denver and New York law firm filed a notice of claim on behalf of Morphew. He was arrested on May 5 on multiple charges including first-degree murder in connection with the disappearance of Suzanne Morphew, his missing wife, and mother of his two daughters. Morphew has maintained his innocence.
They intend to sue 26 named officers from CCSO, CBI, FBI, as well as attorneys from the 11th Judicial District.

 

[Cindizzi]

Probably has more value in the civil case or an appeal if either of those happen but defense is getting everything on the record as they should. I have noticed the appeals attorney specialist in present and speaking during these motions hearings.

Who is the appeals attorney specialist?

 

[Cassady]

The matter of a letter of intent to sue naming JC as one of the investigators was sent in October and might factor into his decision to resign. JMO

Barry Morphew plans to sue DA, investigators for malicious prosecution
CHAFFEE COUNTY, Colo. — A civil law firm has sent letters to members of the Chaffee County Sheriff’s Office (CCSO), 11th Judicial District Attorney’s Office, Federal Bureau of Investigation (FBI), and Colorado Bureau of Investigation (CBI) claiming the case against Barry Morphew consisted of an unlawful arrest, malicious prosecution, and defamation.

On October 18, Fisher & Byrialsen, P.L.L.C, a Denver and New York law firm filed a notice of claim on behalf of Morphew. He was arrested on May 5 on multiple charges including first-degree murder in connection with the disappearance of Suzanne Morphew, his missing wife, and mother of his two daughters. Morphew has maintained his innocence.
They intend to sue 26 named officers from CCSO, CBI, FBI, as well as attorneys from the 11th Judicial District.

Intent to Sue letters are pretty common, especially for police departments and individual officers. They are required by most states to be sent within a certain time period to preserve the right to sue public entities and/or their employees.

IMO an intent to sue letter is not going to cause a long-time detective with a state agency bringing home a good salary, benefits and retirement to suddenly resign.

 

[sk716]

IMO showing up 1/2 hour late for court, missing Court ordered discovery deadlines, having the DA violate pre-trial publicity orders, having a lead investigtor with a Brady letter are all terrible strategies if you are seeking justice for a victim.

The government has all the power and resources available to make sure when they prosecute people that they have all their ducks in a row. In 90% of most criminal cases, the state has overwhelming evidence against a defendant.

That is especially true in a murder case seeking justice for a victim. Once jeopardy is attached, there is no going back for the state, so they better be 99.9% sure that their case is ready to present and that they can obtain a conviction.

The DA in this case, IMO, has dropped the ball on several occassions and do not appear to be very organized. In contrast, the Defense is prepared, organized and litigating the heck out of the case. They are the aggressor and usually it is the other way around.

This close to trial the state should be hitting their stride, not potholes.

IMO

The defense is randomly throwing out garbage, a lot like Barry. Every defense win so far means nothing for the State's case.

I recommend reading/listening to the available PH transcripts that Plunder shared.

 

[coastal]

...The wallibi is ridiculous.

Snipped for focus/BBM
@Kemug, we need a spot in the zoo for a wallibi, please and thank you!

 

[Cassady]

The defense is randomly throwing out garbage, a lot like Barry. Every defense win so far means nothing for the State's case.

I recommend reading/listening to the available PH transcripts that Plunder shared.

I have been involved in more than a hundred trials, mostly criminal cases. My experiences and neutral observations tell me that the defense is slowly chipping away at the state's case.

If you think the evidence excluded so far does not hurt the state, ask yourself why the state moved to introduce the evidence in the first place? Because it would help develop the theory of their case. Thus, not being able to present that testimony certainly does not help the state and IMO most legal observers would think that it hurts the state's case ..

It should also be noted that the evidentiary rules at trial are different and more restrictive than those at a prelim, Prelim's, like AA's, allow some evidence and testimony (like hearsay) that is not admissible at trial.

The state has to present their case differently during trial and their witnesses will not have the same leeway they had at the prelim.

The only evidence that matters going forward is that which is presented to the jury.....IMO

 

[MassGuy]

At the 1:30 mark, Barry's sister claims that Barry called her on the way home. Do we have phone records to compare this to?

https://twitter.com/datelinenbc/status/1497276457952759810?s=21

 

[FromGermany1]

LEO Stmt re "Premature Arrest" of BM?
@Momofthreeboys Thanks for your post. Initially asked myself - what civil case, BM's guardianship for SM, then realized your post referred to BM's civil case against LE et al.

Impact on crim case appeal? Seems for this LEO's "premature arrest" stmt to create reversible error, app ct. would have to find ---
at trial, def team proved that LE failed to investigate specific leads & info, and IMO the leads & info tend to inculpate someone other than BM.

Agreeing w you, that LEO stmt may have more impact in civil case than in BM's crim trial.

BM will sue that many LE officers (26?), but had tried to unlawfully influence several (8?) of them and got even charged for it???
How does this fit together, I wonder?
Seems to me an "upside down world", indeed.

 

[marylamby]

At the 1:30 mark, Barry's sister claims that Barry called her on the way home. Do we have phone records to compare this to?

https://twitter.com/datelinenbc/status/1497276457952759810?s=21

So far, they've already gotten three things wrong. There was no THE BIKE ride, he didn't have a job at THE WALL and both girls didn't live with them.
I sure hope this is just the lead-in and they cover the AA but somehow I don't think they will. It's only an hour long.
I'll be pissed if they don't backtrack the bike and the 'job'.
IMO

 

[sk716]

At the 1:30 mark, Barry's sister claims that Barry called her on the way home. Do we have phone records to compare this to?

https://twitter.com/datelinenbc/status/1497276457952759810?s=21

We have this:
http://www.[link removed]/wp-content/uploads/2022/02/Defense-Prelim-Hearing-Ex-Rest_Page_21.png
Last outgoing call through his truck was to MM1. I haven't managed to make much sense of what the defense released of Barry's phone data.
The Defenses Exhibits – Preliminary Hearing – Find Suzanne Morphew

ETA: Removed image as unredacted phone numbers were listed.

 

[MassGuy]

So far, they've already gotten three things wrong. There was no THE BIKE ride, he didn't have a job at THE WALL and both girls didn't live with them.
I sure hope this is just the lead-in and they cover the AA but somehow I don't think they will. It's only an hour long.
I'll be pissed if they don't backtrack the bike and the 'job'.
IMO

Yeah but that's how they frame this stuff (ignoring the inaccurate thing with the girls). They give you the original narrative, then you learn what the issues are. It makes for better tv.

 

[Cindizzi]

BM will sue that many LE officers (26?), but had tried to unlawfully influence several (8?) of them and got even charged for it???
How does this fit together, I wonder?
Seems to me an "upside down world", indeed.

The lawyers for the civil suit are taking advantage of a fairly new change in the Law (2020) that used to give LE officers immunity from being sued. They claim civil rights violations ( unlawful arrest).

An Inside Look at Colorado's Year-Old Qualified Immunity Ban


In the weeks following the May 2020 death of George Floyd and the unrest that followed, Colorado's governor signed arguably the most sweeping statewide police reform bill in the country.

SB217 includes several popular reforms, like banning chokeholds, requiring body cameras and tracking use of force incidents. But it also features more controversial measures, like a ban on qualified immunity.

The qualified immunity ban allows citizens to bring individual lawsuits against Colorado police officers for alleged civil rights violations but places a $25,000 cap on potential judgments against them.

Just this June, the Colorado legislature expanded its ban on qualified immunity to include Highway Patrol troopers and Colorado Bureau of Investigation officers.

 

[Love Never Fails]

As always, what most family, friends, and neighbors think about a murder suspect is of little import to the reality, especially those who have decided to turn a blind eye to facts. Keith Morrison knows this very well, probably better than most of us, and I hope he keeps digging and presents the rest of the BM story.

It sounds like many in BM’s sphere have decided to NOT seek the truth, to NOT read the AA and PH reporting, etc. If all they know is what BM is telling them, all they’ve got is a load of, well, bs. But he’s been feeding them that for years, it sounds like, so they are well indoctrinated.

Let’s hear from BM’s brothers-in-law, as they quite likely have a very different perspective on BM than his sisters do. (Hey, a girl can dream.)

Let’s hear from everyone BM bamboozled and manipulated and took advantage of.

BM may be presented as “a good ole church boy.” But there is nothing about him that says “Christian man.” Not a thing. One WS poster called him a puke, and that is a much better descriptor of him.

I’m not concerned about the prosecution’s case. The defense team is blowing a lot of hot air up skirts, hoping people get distracted by the glimpse of someone’s undies.

I like your post. I said he and the truth are strangers. It’s also true that he is a stranger to a Christian man.

 

[marylamby]

Yeah but that's how they frame this stuff (ignoring the inaccurate thing with the girls). They give you the original narrative, then you learn what the issues are. It makes for better tv.

Yeah, and I'm hoping that's the case here. Misleading with the promos. I've never seen Dateline promos before, or maybe one or two on facebook over the years but I didn't hear an "or did she?" or "or did he?" as he usually does. I sure hope he gets to it eventually. And, as far as Andy goes, that was an old interview from when they did the search - I hope they followup with a more recent interview.
There's a lot at stake here. Many people watch Dateline and I'd hate to think they didn't do their homework, especially since the jury selection is right around the corner.
"Have you heard about or have you been following this case?" "Er, well I've heard of .. but .. no .. not really, I have no opinion on it."
IMO

 

[Love Never Fails]

It is interesting, but the reality is that you can be a really awful nasty back stabbing coworker or philanderer, a person who embellishes and lies or a dozen other things that are distasteful and not be a murderer. We don't have to "like" Barry at all, jurors don't have to "like" him. The trial is about did he murder his wife...simply thinking he might have because he's an awful person isn't enough. Suzanne doesn't deserve to be murdered either no matter what kind of person she is, but on the other hand the state has an obligation to do the investigation, gather enough evidence admissible at trial, take their case before a judge and jury and put the correct person behind bars....which is going to happen within a very short amount of time if things continue as they have been.

The answer is yes. He murdered his wife.

And the defense getting him off to walk freely, to kill another wife or woman just because they are “doing their job” is unconscionable. This trial isn’t about who wins, prosecution of defense. This isn’t a game. Someone was murdered and the murderer should go to prison and his name is Barry Morphew. That’s a fact. I don’t need a jury to tell me that.