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

[CGray123]

The following is the most detail I've found quoting Judge Lama explaining his basis for denying the expert.

I'm troubled that he parrots defense attorney IE, and I think his reference to a knife on the counter clearly indicates that he can't make the connection to SM being incapacitated by a tranquilizer would explain why no forensic evidence was recovered or an obvious crime scene in the house (whereas a gunshot or knife would leave evidence).

More important -- Lama seems to completely ignore that BM placed a tranq dart in his hand April 2020 after he first told investigators that he had not used tranquilizers since leaving Indiana. MOO

More expert testimony blocked from Morphew trial

Defense Attorney Iris Eytan began by arguing again that this isn‘t a no-body homicide, but a missing person case.

Eytan said investigators found no syringes in the house containing the tranquilizer in question and that the syringe cap was not in a pair of Morphew’s shorts in the dryer.

She told the judge “The prosecution has made this needle sheath as their claim that Mr. Morphew murdered his wife.” Previous testimony in the case indicated that DNA was found on the tranquilizer cap but that it was not Barry Morphew’s.

Prosecutor Mark Hurlbert said the inference that Morphew used the wildlife tranquilizer on his wife is based on the fact that Morphew admitted he had used the tranquilizer on deer and that there was no blood evidence found in the Morphew home.

Hurlbert said the intent was for the wildlife expert to testify that if the tranquilizer could be used to kill a deer a parallel could be drawn that it could be used to kill a human.

In granting the defense motion to block the expert testimony, Judge Lama said to begin with, there was no trace of the tranquilizer in the house and in a no-body homicide, no direct evidence that Suzanne Morphew was tranquilized. Lama said it would simply be too speculative to allow the prosecution to proceed only on a theory that a tranquilizer was used on Suzanne Morphew.

[..]

Lama said similar speculation could be made that if a kitchen knife was found or if the gun was found in the safe, they could be the murder weapons.

Judge Lama clarified that he was not excluding the discovery of the syringe cap in the dryer as part of the prosecution’s evidence, only that the expert testimony was being excluded at trial.

ITA this reasoning seems unsound. He seems to believe the sheath is probative and relevant to the prosecution's case so he's allowing it in evidence, but he finds essentially that the evidence is insufficient to allow an expert to testify about its significance. Maybe there's more to it than we know. Maybe there's another reason for the ruling. But every time Judge L rules, his reasoning seems shaky, as reported. He does make me nervous the more I see him in action.

 

[FromGermany1]

Defense Atty will rip this apart- sheath could have been in a piece of clothing for years before it came out in the dryer, likewise the sheath could have been in the dryer for years before LE discovered it. It could be from/for something else for someone else that BM wasn't aware of- daughters, wife etc.. They can't link it to the drug and they can't link it to the time and they can't link it to the person (BM). I am 100% convinced it is linked to all those things, but there isn't any evidence that it is and a good atty will make sure everybody knows that.

Though: Who does handle disposable syringes at home and is able, to lose a sheath at all?

 

[MrsWatson]

Yes! And I've always wondered if he sat in front of a mirror and practiced his short 'Oh, Suzanne' video, trying to get what he would consider the correct facial expressions and words right for his predicament. He failed big time..

I wonder how many times he practiced his grand entrance on the drive back from Broomfield.

Maybe he practiced while he was hanging out at the Holiday Inn Express.

Seeing the body cam of when BM showed up at the bike site is really something, imo.

 

[Megnut]

Though: Who does handle disposable syringes at home and is able, to lose a sheath at all?

And have such rotten luck a sheath turns up the very same weekend no one can find his wife.

Terrible coincidence.

Well, unless it's not a coincidence.

Then it's just plain terrible.

JMO

 

[FromGermany1]

Maybe he practiced while he was hanging out at the Holiday Inn Express.

Seeing the body cam of when BM showed up at the bike site is really something, imo.

bbm
Was that, why he had to shower so often, because it was so tiring?

 

[Megnut]

Didn't Barry say no one knows the truth?

It's like he wants sympathy for what he was forced to do.

That it gave him no pleasure.

Just putting a diseased doe down.

Done it his whole life. 100%.

Only this was no doe. She was healthy, she was human, and he wasn't licensed.

I hope the spy pen audio is clear enough that Suzanne's voice gets played at trial. It's the only voice she has left.

If not for BM, she'd be alive right now, living her best life.

JMO

 

[Momofthreeboys]

Though: Who does handle disposable syringes at home and is able, to lose a sheath at all?

Did find find unused syringes with needles? I can't tell from the evidence photos. I do think you are correct that you need some sort of syringe type device with a plunger to load a tranquilizer dart.

 

[JosieMae]

And right from that first day he lied and lied.

100%

 

[mrjitty]

The use of tranq dart (or not) are not important in this case. Evidence suggests he did use one, but does not prove that theory. The way in which Barry killed Suzanne does not matter in proving his guilt. The forced alibi on the wrong day, saying the marriage was perfect, sex and steak dinner on Saturday, phone and location data Saturday night /Sunday morning, planted bike/helmet, trash dumps, and his interviews prove his guilt. No need to prove how Suzanne died. There is more than enough evidence without formulating theories or possibilities.

I agree that the prosecution does not need to posit a specific theory

But it is still important that they point out all the guilty coincidences.

Admitting to dumping tranq on the suspicious dump runs is also suspicious. Lying about shooting deer out the back door is suspicious. IMO the sheath is a key part of the circumstantial web.

It is the defence that really needs to explain these things. But of course they will engage in wild speculation and testimony by sock puppet counsel.

 

[mrjitty]

ITA this reasoning seems unsound. He seems to believe the sheath is probative and relevant to the prosecution's case so he's allowing it in evidence, but he finds essentially that the evidence is insufficient to allow an expert to testify about its significance. Maybe there's more to it than we know. Maybe there's another reason for the ruling. But every time Judge L rules, his reasoning seems shaky, as reported. He does make me nervous the more I see him in action.

I think there is a good chance he is saying the Vet cannot testify beyond discussing the facts in evidence. So for instance he can explain parts of BM's testimony, what the traq equipment does etc

At least I hope so

 

[Momofthreeboys]

I think there is a good chance he is saying the Vet cannot testify beyond discussing the facts in evidence. So for instance he can explain parts of BM's testimony, what the traq equipment does etc

At least I hope so

For me I need a tighter connection from the sheath to the function....what did they find in the garage? Did they find additional syringes with the same sheath? Did they find any vehicle for loading chemicals into the dart? What did Barry say he threw away....if he said the chemicals that still leaves a question of what the sheath actually covered and where's the remainder of what the sheath covered and why does the sheath not have his dna and what role does it play. It's a pretty unique thing but prosecution still needs to connect it somehow. I don't think the vet was important without being able to explain what part the needle sheath actually plays. I think most jurors can understand that tranquillizers chemicals used for large animals could have the same affect or even death on a small woman.

 

[girlhasnoname]

And right from that first day he lied and lied.

Yes and that is what is going to nail him IMO.

 

[OldCop]

Great to see you back @OldCop. Haven’t seen you post much lately.

Thanks, @Love Never Fails. I thought I’d poke around on some other threads as we await the trial. Unfortunately, I found myself in deep on two sad cases these last couple of weeks. Naomi Irion, 18, kidnapped as she sat in her car in a Walmart parking lot waiting for a shuttle to take her to work. She was shot and buried in a shallow grave in the Nevada desert. At least they’ve caught the who did it.
Then another sad case that didn’t involve foul play. Bev and Ron Barker, a couple of seniors enjoying a road trip in their rv. One wrong turn on a desolate Nevada highway and they were stuck. No cell, no gps, mired in mud. No one really knew what route they took. We were poring over maps trying to figure it out. How can a huge rv towing a Kia Soul disappear into thin air? Many of us thought they had run into some unsavory characters who killed them and took the rv. They were found 9 days later. Unfortunately, Ron was deceased but his handicapped wife was miraculously still alive. She melted snow to drink.
We all start our days alive and relatively optimistic. You just don’t know when one chance encounter or one wrong turn will end it all.
Give your loved ones a hug tonight.

 

[mrjitty]

I don't think the vet was important without being able to explain what part the needle sheath actually plays. I think most jurors can understand that tranquillizers chemicals used for large animals could have the same affect or even death on a small woman.

RSBM - there is just some basic mechanical evidence production that needs to happen here. Quite a bit of the info is public domain, and the prosecution has photo exhibits of the darts etc recovered but someone still needs to give the blow by blow testimony of how it all works. Especially what are all the drugs mentioned below by BM and what do they do. It seems basic but it does need to be put into evidence.

SA Grusing asked Barry if he shot the tranquilizer gun on Saturday, May 9th and he said, “Absolutely not.” Barry was told no tranquilizer, like BAM, was recovered at the house. He said he used BAM, Telazol and Xylazine as tranquilizers. When Barry was asked if he disposed of those, he stated, “I don’t recall.” Barry was asked what he used to reverse the tranquilizer effect and he said, “Tolazine.” Barry said he brought the chemicals, which he knew to be controlled substances, from Indiana and kept them on his workbench.

 

[Seattle1]

Yes an easy way to think about it is the state courts take care of cases occurring in that state. While "this" case might have national attention it is first and foremost a local and Colorado case so Colorado laws prevail both criminally and civilly. The state's interpretation of the laws can be challenged at the Supreme Court level and the Supreme Court can choose to hear or not hear a case. I don't really see any federal issues yet in this case or anything that indicates that crimes occurred anywhere but in Colorado related to this case. I also agree that in this case the daughters would essentially be suing themselves should they file a case if their father is incarcerated...for all practical purposes they are "next in line" for control of the family assets already.

To be clear, the OP's question (and quoted post response) was specific to wrongful death where both state and federal jurisdictions are possible, without regard to the state where the death occurred, and where federal courts are under an independent obligation to examine their own jurisdiction, which has nothing to do with a respective state's Supreme Court.

Take note that part two of a wrongful death claim, state or federal jurisdiction, also involves a probate court which is a court of special and limited jurisdiction -- having powers only as conferred by the constitution or statute.

 

[justtrish]

I wonder how many times he practiced his grand entrance on the drive back from Broomfield.

This makes me sick to even think about. He was probably running it through his head at the hotel too. Just rehearsing it all to make sure he did it just right.

 

[justtrish]

bbm
Was that, why he had to shower so often, because it was so tiring?

Maybe he was sweating because of what he had just done. I guess I can hope anyway that he felt some nerves or something human after he committed the murder of his wife.

 

[Seattle1]

This makes me sick to even think about. He was probably running it through his head at the hotel too. Just rehearsing it all to make sure he did it just right.

If only a spy pen was inside the backpack that he carried into his hotel room! In addition to rehearsing -- BM seems to me to be the type of guy who talks to himself out loud.

(We know from his interviews with Agent Grusing that he'd tell himself how to respond to SM)....

 

[Love Never Fails]

Thanks, @Love Never Fails. I thought I’d poke around on some other threads as we await the trial. Unfortunately, I found myself in deep on two sad cases these last couple of weeks. Naomi Irion, 18, kidnapped as she sat in her car in a Walmart parking lot waiting for a shuttle to take her to work. She was shot and buried in a shallow grave in the Nevada desert. At least they’ve caught the who did it.
Then another sad case that didn’t involve foul play. Bev and Ron Barker, a couple of seniors enjoying a road trip in their rv. One wrong turn on a desolate Nevada highway and they were stuck. No cell, no gps, mired in mud. No one really knew what route they took. We were poring over maps trying to figure it out. How can a huge rv towing a Kia Soul disappear into thin air? Many of us thought they had run into some unsavory characters who killed them and took the rv. They were found 9 days later. Unfortunately, Ron was deceased but his handicapped wife was miraculously still alive. She melted snow to drink.
We all start our days alive and relatively optimistic. You just don’t know when one chance encounter or one wrong turn will end it all.
Give your loved ones a hug tonight.

Oh wow! I knew a little bit about Naomi Irion. Monsters are out there everywhere. It’s like you said, we never know when something bad can happen.

I heard about a shooting fifteen minutes from me at a gas station. A man shot his wife in the head as she was putting gas into her car and an innocent guy with no connection was walking out of the store and he shot and killed him also. My heart sank.

And I didn’t hear about the Barkers. Her heart must be so broken. They never knew their lives would take that turn. Sheesh!

We hear these things every day. I am always interested in a missing person case or in seeing someone brought to justice (like BM).
Glad you are back.

 

[Love Never Fails]

RSBM - there is just some basic mechanical evidence production that needs to happen here. Quite a bit of the info is public domain, and the prosecution has photo exhibits of the darts etc recovered but someone still needs to give the blow by blow testimony of how it all works. Especially what are all the drugs mentioned below by BM and what do they do. It seems basic but it does need to be put into evidence.

Ole Bare knows a lot about the types of tranquilizing chemicals doesn’t he? He knows how to use them and how to reverse them. The jury will find that quite interesting.