Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #99

[Seattle1]

In a criminal trial, the defense asks for a motion to dismiss, arguing that the government has failed to prove its case.

In effect, in both kinds of cases, the defense lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it's granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

Clearly, a defense motion to dismiss midtrial is usually denied. However, in following this case, I believe this is the strategy of the defense -- especially when they turned their focus on Cahill and others that allegedly expressed that BM's arrest was too soon. I think the defense's goal is to get the case dismissed for lack of evidence.

If this case is given to a jury, I think they will find BM guilty.

And I think the defense thinks this too.

^^rsbm

Appending to my post about the BM's defense strategy to get the case dismissed midtrial and/or when the prosecution rests, I think this represents the best of both worlds for BM.

First, double jeopardy applies and BM can never be retried for SM's death -- even if he confesses or SM's body is recovered with his signature!

Second, compared to an acquittal, a dismissal would truly be the perfect gateway to BM's civil complaint where he intends to sue prosecutors and investigators for what they claim is unlawful arrest, malicious prosecution, and defamation, pursuant to the new Colorado reform law that stripped the defendants of a 50+ year legal defense known as qualified immunity. At last count, I think there were 26 individuals associated with the Chaffee Police Department, the 11th Judicial District Attorney’s Office, the Colorado Bureau of Investigations, and the Federal Bureau of Investigations.

MOO

https://www.thedenverchannel.com/ne...rphew-intend-to-sue-prosecutors-investigators

 

[Skigh]

There is no way Barry can claim he was unlawfully arrested after he told so many lies and Suzanne's contact with the outside world ended on Saturday afternoon shortly before he returned home. The alibi he set up for himself is also full of holes. There was nothing malicious about his arrest.

 

[Seattle1]

There is no way Barry can claim he was unlawfully arrested after he told so many lies and Suzanne's contact with the outside world ended on Saturday afternoon shortly before he returned home. The alibi he set up for himself is also full of holes. There was nothing malicious about his arrest.

This is a civil rights suit where liability is judged by a lesser standard. It will also be a litmus test for a new law. The reform is crazy -- nothing will surprise here. MOO

ETA: IMO, if BM is found guilty, his civil complaint most likely goes away. If BM is acquitted, and especially if his case is dismissed, he will probably prevail on his civil claims.

BM will have spent better than $500k on his defense, and unlike criminal complaints that punish offenders, civil suits are meant to monetarily compensate people for damage to their reputations and recovery of their legal expenses.

 

[Momofthreeboys]

This is a civil rights suit where liability is judged by a lesser standard. It will also be a litmus test for a new law. The reform is crazy -- nothing will surprise here. MOO

Agree...there is a reason the appeals attorney and one of the civil attorney's are sitting with Iris through these motions hearings. I think that the Letter of Intent was a "shout out" to prosecution they were going to fight tooth and nail AND it part of the plan. I honestly think defense has had a plan...ever changing perhaps...but had a big picture plan. If they were going to push the envelope this case was a rare opportunity. I think finding out CBI thought the arrest early was a bonus for them they weren't planning on.

 

[Skigh]

This is a civil rights suit where liability is judged by a lesser standard. It will also be a litmus test for a new law. The reform is crazy -- nothing will surprise here. MOO

I certainty think that people need to be protected from unfair arrest.

But by any standard however low,Barry was not,in my opinion unfairly arrested. He cannot say there was any bias against him due to his race or other status.

 

[Seattle1]

I certainty think that people need to be protected from unfair arrest.

But by any standard however low,Barry was not,in my opinion unfairly arrested. He cannot say there was any bias against him due to his race or other status.

I'm not disagreeing with you but I'll put it this way: if BM is found guilty, then the civil suit alleging unlawful arrest, malicious prosecution, and defamation, probably goes away.

However, if BM is acquitted, and especially if his case is dismissed, he will probably prevail on his civil claims.

BM will have spent better than $500k on his defense, and unlike criminal complaints that punish offenders, civil suits are meant to monetarily compensate people for damage to their reputations and recovery of their legal expenses.

MOO

 

[susiQ]

Scott killed his first wife and was convicted. With Drew, Stacy was his third wife. He disappeared her and she was never found. He also killed his second wife, Kathleen. He drowned her in the bathtub but a thorough investigation was not done because he was a cop and knew all the others and they took his word. He was also an ego maniac. Horrible people, both of them.

I just read the Wiki page on Drew. That’s one sick man. And, what’s with his defence attorney saying he knows what happened to Stacey and that once Drew dies they will find her?? Don’t answer that Pretty much an admission of guilt there! He’s never getting out so he might as well give her family the peace of laying her to rest sooner rather than later. So Inhumane. Just like Barry.

Please, no replies. I don’t want to derail SM’s thread.

 

[waldojabba]

I'm not disagreeing with you but I'll put it this way: if BM is found guilty, then the civil suit alleging unlawful arrest, malicious prosecution, and defamation, probably goes away.

However, if BM is acquitted, and especially if his case is dismissed, he will probably prevail on his civil claims.

BM will have spent better than $500k on his defense, and unlike criminal complaints that punish offenders, civil suits are meant to monetarily compensate people for damage to their reputations and recovery of their legal expenses.

MOO

Looking for clarification: So with the new law in Colorado, anyone who is arrested and subsequently aquitted or has their case dismissed, will likewise prevail on their civil claims? Thanks in advance

 

[BDAJAG]

...the District Attorney's motion also has to be supported or accompanied by a written statement concisely stating the reasons for the action."
/QUOTE]

May it please the Court,

Your Honor,
the State has undertaken to confirm and authenticate the victim's engagement ring, and to thereupon/thereafter elucidate as to how,where and in what fashion it has come into its current disposition.
Of course, upon the occasion of the aforesaid confirmation, all and every detail of its discovery will, to the extent required by law, be released to the defendant and his counsel.

# # #​

And here's my TAH-DAH! :

• would not Iris and Dru now have to look over to the lying-liar-who-lies - just look, mind you! - and ask the single interrogative:​

WELL?

​

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{Now I haven't quite finished deliberating as to whether I would have endured my early days as a maggot, if I could at that moment be that fly on the wall of their chambers...
So, I think I'll wait for fresh views on this }

 

[Seattle1]

Looking for clarification: So with the new law in Colorado, anyone who is arrested and subsequently aquitted or has their case dismissed, will likewise prevail on their civil claims? Thanks in advance

^^bbm

No!

Never did I say ANYONE WHO IS ARRESTED and subsequently acquitted or has their case dismissed WILL LIKEWISE PREVAIL on their civil claims.

How would I know the case facts in advance of ANYONE WHO IS ARRESTED?

That's just silly.

In 2020, Colorado lawmakers passed a qualified immunity ban for law enforcement officers. It allows officers (and other formerly protected classes) to be sued individually for violating the civil rights of defendants. Families can sue individual law enforcement officers for thousands of dollars.

Since the nature of civil suits is meant to monetarily compensate people, for example, for damage to their reputation, recovery of their legal expenses, etc., we seldom hear about these types of cases because they are typically quietly settled behind the scenes by insurers.

However, now that these suits can be filed against individuals, it's a whole new ballgame. Take note that in 2020, Congress as well as a handful of States proposed similar bills regarding qualified immunity but they all fizzled out.

This ban on qualified immunity is unique to only Colorado.

IMO, if BM moves forward with his civil claim, it will be the litmus test for such suits, and all eyes will be on Colorado.

MOO

 

[justtrish]

I have always worried that he set up her burial site, way before he killed her. He could have scoped out a remote area, with a lot of thick brush. In the middle of the brush he could have dug a very deep hole. Then when he was ready, he came back to drop in the remains, and could plant some bushes on top as cover. No one would ever know.

He could have even had a pre dug hole for random junk since he liked to bury that stuff instead of using the dumpster or an actual dump. He could have had holes dug for so many reasons and then thought well may as well use it and his precious bobcat might not have even needed to be used after all on Saturday.

 

[charminglane]

We all have wondered if Suzanne had a safe deposit box.
Did Barry?

 

[justtrish]

Oh my, I actually didn’t follow that one at all! Thanks @ MemPat. I got confused with Scott, another psychopath monster. Must catch up on that one (Drew). It just floors me how many of these evil people walk among us. SO much crime, so little time .

That is such a sad case also with younger children involved.

I think this is why it's fairly easy to spot these people in the cases because there is a common theme with psychopaths and narcissists and just in general when husbands kill their wives, there are many things we see that come up over and over again. Not that the wife can see it when they are living it, but we can observe from the outside and see some patterns and it's just sad.

 

[waldojabba]

^^bbm

No!

Never did I say ANYONE WHO IS ARRESTED and subsequently acquitted or has their case dismissed WILL LIKEWISE PREVAIL on their civil claims.

How would I know the case facts in advance of ANYONE WHO IS ARRESTED?

That's just silly.

In 2020, Colorado lawmakers passed a qualified immunity ban for law enforcement officers. It allows officers (and other formerly protected classes) to be sued individually for violating the civil rights of defendants. Families can sue individual law enforcement officers for thousands of dollars.

Since the nature of civil suits is meant to monetarily compensate people, for example, for damage to their reputation, recovery of their legal expenses, etc., we seldom hear about these types of cases because they are typically quietly settled behind the scenes by insurers.

However, now that these suits can be filed against individuals, it's a whole new ballgame. Take note that in 2020, Congress as well as a handful of States proposed similar bills regarding qualified immunity but they all fizzled out.

This ban on qualified immunity is unique to only Colorado.

IMO, if BM moves forward with his civil claim, it will be the litmus test for such suits, and all eyes will be on Colorado.

MOO

Thanks totally appreciate the response. In your post you seemed so sure that if he was acquitted he would prevail in his civil case that I found it confusing. The facts of the case remain the same whether he is acquitted or found guilty. Either way LE believed in good faith they had enough to prove him guilty. Why would a civil case be a forgone conclusion if he is acquitted?

 

[Love Never Fails]

He could have even had a pre dug hole for random junk since he liked to bury that stuff instead of using the dumpster or an actual dump. He could have had holes dug for so many reasons and then thought well may as well use it and his precious bobcat might not have even needed to be used after all on Saturday.

Just reading your words out loud makes me realize what a strange, strange person Barry is. I do wonder what all he has buried, besides Suzanne. Other people he had a grudge against? Animals? Why furniture? Is it as one poster suggests, because he had broken the furniture in a tantrum? May sound far fetched but who does that???

 

[justtrish]

Just reading your words out loud makes me realize what a strange, strange person Barry is. I do wonder what all he has buried, besides Suzanne. Other people he had a grudge against? Animals? Why furniture? Is it as one poster suggests, because he had broken the furniture in a tantrum? May sound far fetched but who does that???

He told LE he used different dumpsters because he's cheap. I mean I don't think it costs anything to put furniture in the dumpster you already have access too. Many people I would think would burn old furniture also. I mean so many things he could have done with it. I can say I don't know a single person in real life that buries their trash.

 

[mrjitty]

Yes -- BM was consistent about one thing: he kept changing his story to fit the evidence recovered by investigators!

For me what was most fascinating is that he changed his story to reveal the underlying staging.

Grusing tricked BM by not revealing what exactly was found, or exactly where ("in or around" the house)

BM thus had the dilemma of needing to cover for multiple eventualities based on his best guess of what Grusing might have found. Which means he flashed back to the commission of the crime and staging. This is not a sophisticated liar by any means.

BM's new story therefore allowed for the following things

• dart(s) to be found
• ... in the yard
• inside
• a shooting position 'inside' the house (opening the back door)

I used to think BM revealed the actual shooting position, but now I think he was trying to find a position as close as possible to inside, without being actually inside the house proper - and he retrieved this from experiential memory (we know from the location data this was a key location on the chipmunk shoot), so that he could lie on the spot. This revealed an uncertainty, IMO, as to the dumping of the dart(s). Had he messed up?

Perhaps even more fascinating - when Grusing finally reveals what was actually found, and the linkage to the sheets, BM is now clear this is now nothing to do with him - revealing the sensitivity of the staging. In other words a relief/confidence that he has dumped the dart.

---> Barry was explaining something that was not found

In the later interview BM then also allowed again for what was not found. The tranq chemicals - and under pressure reveals the staging again i.e. that they were dumped on the Broomfield trash runs.

 

[waldojabba]

Thanks totally appreciate the response. In your post you seemed so sure that if he was acquitted he would prevail in his civil case that I found it confusing. The facts of the case remain the same whether he is acquitted or found guilty. Either way LE believed in good faith they had enough to prove him guilty. Why would a civil case victory for the defense be a forgone conclusion if he is acquitted?

Edited my own response

 

[Love Never Fails]

He told LE he used different dumpsters because he's cheap. I mean I don't think it costs anything to put furniture in the dumpster you already have access too. Many people I would think would burn old furniture also. I mean so many things he could have done with it. I can say I don't know a single person in real life that buries their trash.

He lied so much. I wonder if he was really cheap? Did he lie about that too?

I just realize what a freak he is to bury furniture. Usually you give it away or set it by the roadside. That had nothing to do with being cheap. He is just…I don’t even have the word!

 

[susiQ]

He lied so much. I wonder if he was really cheap? Did he lie about that too?

I just realize what a freak he is to bury furniture. Usually you give it away or set it by the roadside. That had nothing to do with being cheap. He is just…I don’t even have the word!

RBBM
How about deranged or demented??
Many years ago, our youngest came home with a new t-shirt that looked like the Delmonte logo. I thought that was strange until I took a closer look. They replaced Delmonte with Demented, lol. I’d like to get my hands on one of those and send BM a “gift”!