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

[Love Never Fails]

I don't have a problem with it either. He isn't a complex person. He told us himself all men need is sex. Well I think that should be all Barry needs is sex, but he has such a basic view of life. Suzanne should be how she's always been and things will be just fine.

So what does Barry do regularly? He hunts, he runs a landscape business, he admits to tranquilizing deer for their horns. That seems much nicer than tranquilizing them to kill them. Hummm wouldn't put it past him to use that tranquillizer to give himself an advantage at killing them also. If this is what he does, then maybe he can't think outside the box so he uses his tried and true method of killing on Suzanne. He knows it's less messy to have a person knocked out first, then he can kill her somewhere else and not make a mess, no cadaver scent at the house, no signs of a murder, no signs of a struggle.. he even told MG he could disappear someone and they'd never be found, likely because of what he knows with his landscaping job. So I do think he just used what he knew to take care of it.. then he didn't have to google how to kill someone because he already has tricks up his sleeve.

I have always believed this murder was premeditated. And Barry knew exactly where he would dispose of her body. His anger was building all week. But his plan was already in place. But Barry, like most of us, is a creature of habit. Just follow his habits and follow his mouth. I only wish LE could find Suzanne!

 

[DeDee]

I have never been riding on the mine bandwagon. I've always felt Barry did what Barry does best. Maybe he and Bob prepared a hole somewhere. He buried her is moo.

Barry buried furniture and whatnot in IN rather than ask the Salvation Army to pick it up. That furniture would have helped another family. Barry preferred to bury it which makes me think they left IN in a hurry.

I dare say they likely purchased all new furniture, new dinnerware, flatware, pots and pans, antler chandeliers. A new beginning isolating Suzanne in the mountains. Even the Bear rug was probably made from a Colorado Bear that Barry shot and killed. Did he tranquilize it first? Ask the oldest.
.

 

[Megnut]

Such as? I'm curious.

Such as?

I really can't fathom. Mystery DNA, imaginary discovery, a call for sanctions, including dismissal. A call for recusal.

So far, IMO, we haven't heard ANY discovery "violation" that would've resulted in different charges, no charges.

The noise about the sex offender DNA was conflated -- deceptive at best -- but it bought their client MONTHS of freedom, stress on bought. If they can continue to influence a sympathetic judge, convincing him that these tangential (empty) clerical issues amount to jeopardy, they have a hail mary shot at forcing a dismissal--

Once this goes to trial, their client's freedom is in the hands of jurors -- and that might end badly for their client.

IMO every day they can keep this from going forward is a day of freedom for their client.

I think they've been demonstrating a desire to get thee to trial as a matter of choreography. Staging, if you will. Like the Charlie's Angels parades into the courthouse. It's about exuding confidence.

That the client is innocent, wrongly accused, light-hearted, godly and paternal.

That the prosecution is weak, withholding, disingenuous.

That there's no evidence linking their client to the disappearance.

Like there's an equal chance Suzanne is life-coaching in Ecuador with exactly zero dollars and she could walk in the door at any moment, having fought off a bushy-haired, lion-maned abductor.

All in the hopes that no one will notice that there's no indication that Suzanne was alive after the events of 5/9 and no evidence that anyone other than their client is responsible for that.

2:44 Barry arrived home. By his own admission, he was racing around PP, firing a weapon. And, Suzanne, who had every reason to live her life forward, ceased all communication with those she loved most of all.

He found a way to stop her from leaving.

The jury "gets" that, Barry gets LWOP.

JMO

 

[katydid23]

I agree but i thought the master bedroom was on the first floor of their home. Isn't that where the door frame was broken?

Yah, I shouldn't have said 'run up' to her room. But my point is the same-- even if she had 10 minutes before she totally passed out, she wouldn't have been able to escape him. JMO

 

[Auntie Cipation]

I've seen speculation that BM had the habit of taking off for a few days after they had an argument.

I wonder if he used the time after an argument in the weeks prior to Mothers Day, to scope out and even prep his "how to disappear a body" location...

Did he take his beloved Bobcat along on these pouting trips, I wonder?

 

[susiQ]

I've seen speculation that BM had the habit of taking off for a few days after they had an argument.

I wonder if he used the time after an argument in the weeks prior to Mothers Day, to scope out and even prep his "how to disappear a body" location...

Did he take his beloved Bobcat along on these pouting trips, I wonder?

I have no doubt in my mind that “Bob” went everywhere Bare went.

 

[BeckyF]

I really can't fathom. Mystery DNA, imaginary discovery, a call for sanctions, including dismissal. A call for recusal.

So far, IMO, we haven't heard ANY discovery "violation" that would've resulted in different charges, no charges.

The noise about the sex offender DNA was conflated -- deceptive at best -- but it bought their client MONTHS of freedom, stress on bought. If they can continue to influence a sympathetic judge, convincing him that these tangential (empty) clerical issues amount to jeopardy, they have a hail mary shot at forcing a dismissal--

Once this goes to trial, their client's freedom is in the hands of jurors -- and that might end badly for their client.

IMO every day they can keep this from going forward is a day of freedom for their client.

I think they've been demonstrating a desire to get thee to trial as a matter of choreography. Staging, if you will. Like the Charlie's Angels parades into the courthouse. It's about exuding confidence.

That the client is innocent, wrongly accused, light-hearted, godly and paternal.

That the prosecution is weak, withholding, disingenuous.

That there's no evidence linking their client to the disappearance.

Like there's an equal chance Suzanne is life-coaching in Ecuador with exactly zero dollars and she could walk in the door at any moment, having fought off a bushy-haired, lion-maned abductor.

All in the hopes that no one will notice that there's no indication that Suzanne was alive after the events of 5/9 and no evidence that anyone other than their client is responsible for that.

2:44 Barry arrived home. By his own admission, he was racing around PP, firing a weapon. And, Suzanne, who had every reason to live her life forward, ceased all communication with those she loved most of all.

He found a way to stop her from leaving.

The jury "gets" that, Barry gets LWOP.

JMO

Excellent! You nailed it!

 

[Kemug]

Call me oldfashioned, timid, stupid, or whatever, no way would I ever live in a house decorated with heads and antlers. Gross.

 

[charminglane]

I'm wondering if the furniture was buried in Indiana because it was damaged. By Barry. In rage.
Start over in CO.
My family has had broken kitchen chairs fixed due to Raging Father Syndrome..

 

[JosieMae]

I have no doubt in my mind that “Bob” went everywhere Bare went.

Reporter Lauren Scharf had the best line about BM's relationship with his Bobcat: "He carries that thing around like a purse."

 

[Seattle1]

Dismissed means prosecution most likely can regroup because I don’t think the judge would dismiss with prejudice with no body. I can’t imagine him looking forward to round two at the financial cost it would be. I would think that the entire team is fast forwarding to how to win the trial and get an acquittal. But maybe he wants a dismissal?

I think E & N have a pattern that they follow to frustrate the prosecution. It begins with early allegations of discovery violations, followed by motions for dismissal.

IMO, I think we're about to see the defense really turn up the volume for dismissal, and the goal will be dismissal mid-trial (when the prosecution rests), and where double jeopardy will prohibit BM from ever being retried for SM's murder.

At the defense team's first court appearance, after BM dismissed his court-appointed lawyers,
E & N wasted no time to begin their now infamous cry alleging Discovery Violations by the prosecution. At the hearing, IE even went so far as to suggest that the defense would drop its Motion for sanctions for discovery violations by the prosecutor, in exchange for downgrading BM's 1st-degree murder charge to 2nd degree!

In response to the defense's allegations during their initial Court appearance, I specifically recall two things from the hearing (listening via WebEx):

Prosecutor Lindsey was quick to correct the defense that BM's arraignment was held on May 6, thus 21 days after arraignment dates to May 27, making it clear that the allegations by the defense of how the prosecution had been violating Rule 16 - Discovery & Procedure before Trial for weeks, was patently false.

I recall Judge Murphy interrupting the defense to remind them that Colo. R. Crim. P. 16 ruled in his courtroom, and not the U.S. Consitution. The hearing concluded with Judge Murphy ordering the prosecution to produce the terabyte + hard drive of discovery to the defense in seven days.

I believe most here recall that the prosecution used Rocky Mountain Regional Computer Forensics Laboratory (RMRCFL)-- the same firm used by FBI, CBI, etc., to produce a mirror copy of the discovery hard drive for the defense. And after the defense could not access certain discovery files, they again alleged discovery violations by the prosecution. In response, Judge Murphy reminded the defense that a delay in accessing the data is NOT the equivalent of an intentional delay to provide discovery, and denied the defense's motion.

Fast forward one year, and not only have the allegations of discovery violations persisted-- they're now coupled with Motions for Dismissal of the charges against BM.

Motion for Dismissal by the Court.

After a cursory view of Colo. R. Crim. P. 48 - Dismissal, it appears to me that when a trial has not yet commenced, the Court can dismiss the prosecution only if a defendant is not brought to trial on the issues raised by the complaint within six months from the entry of a plea of not guilty (i.e., Speedy trial regulations).

Motion for Dismissal by the Prosecutor.

Other than dismissal for not bringing the defendant to trial timely as noted above, a dismissal must always be initiated by a Motion filed by the District Attorney, in open court, and with the Court's consent and approval.

But there's also a sticky part for the prosecution: the District Attorney's motion also has to be supported or accompanied by a written statement concisely stating the reasons for the action. The statement also has to be filed with the record of the particular case and be open to public inspection.

Why open to public inspection?

If prosecutors believed they had enough of a case to bring charges, there needs to be some pretty compelling evidence to see a change of heart. If the prosecutor no longer believes they can be successful at trial or if there is a compelling reason to dismiss the charges for the best interest of the People, or to best serve justice, the public has a right to view the reasons provided by the District Attorney, on behalf of the People of the State of Colorado.

In other words, as far as the District Attorney filing a motion in the next few weeks to dismiss BM's case, without prejudice, I really don't see the Court giving consent or approval for the prosecution to regroup and refile BM's case at a later date.

I'm afraid that what we think are compelling reasons to dismiss the case without prejudice would most likely be viewed by the Court as procedural errors or sanction issues resulting from prosecutorial violations.

To be clear, this is my opinion only after considering the most recent rulings by this Court, and not that I'm in agreement with the Court's position.

Motions for Dismissal by the Defense.

While I don't foresee a pretrial dismissal of the case granted for reasons the defense has been pushing, I do expect we're about to see the defense really turn up the volume for a midtrial dismissal, with full arguments that the prosecution failed to prove the case against BM due to lack of evidence.

We've long heard the defense's reasons -- there's no physical evidence linking BM to SM's death, no forensic evidence that SM is deceased, cadaver dogs not hitting on anything in the house, no tranquilizer Rx inside the house, and even claiming that three partial DNA profiles linked to sexual offenders, exonerates their client!

If the Court should agree that the case should be dismissed for lack of evidence, Judge Lama would likely cite how the Preliminary Hearing Judge warned the prosecution that based on the evidence, the case could go either way.

If a case is dismissed when the prosecution rests, it never goes to the jury, and double jeopardy prohibits the defendant from ever being retried, bail is released to the maker, and/or the defendant is freed from jail.

MOO

Rule 16 - Discovery and Procedure Before Trial, Colo. R. Crim. P. 16 | Casetext Search + Citator

Rule 48 - Dismissal, Colo. R. Crim. P. 48 | Casetext Search + Citator

ETA: Add link to 2019 case dismissed midtrial for lack of evidence. Wife wanted to leave her husband, he disappeared her. The body was found a year later but cause of death could not be determined.

Mid-trial, judge dismisses case against Vista husband accused of killing his wife

 

[Boxer]

I have never been riding on the mine bandwagon. I've always felt Barry did what Barry does best. Maybe he and Bob prepared a hole somewhere. He buried her is moo.

Barry buried furniture and whatnot in IN rather than ask the Salvation Army to pick it up. That furniture would have helped another family. Barry preferred to bury it which makes me think they left IN in a hurry.

I dare say they likely purchased all new furniture, new dinnerware, flatware, pots and pans, antler chandeliers. A new beginning isolating Suzanne in the mountains. Even the Bear rug was probably made from a Colorado Bear that Barry shot and killed. Did he tranquilize it first? Ask the oldest.
.

MOO they just bought the house staging decor amd BM added more trophies.

 

[DeDee]

MOO they just bought the house staging decor amd BM added more trophies.

That very well could be true, Boxer. I still think they purchased all new kitchen supplies, fresh bed linens and the like. I recall a statement BM made about buying all new stuff when they moved to PP but didn't post it because I don't have the link and will not be found searching for the link bc I don't really care. Eeks. My point was Barry likes to bury stuff he wants to be rid of in a hurry!

MOO

 

[MemPat]

That very well could be true, Boxer. I still think they purchased all new kitchen supplies, fresh bed linens and the like. I recall a statement BM made about buying all new stuff when they moved to PP but didn't post it because I don't have the link and will not be found searching for the link bc I don't really care. Eeks. My point was Barry likes to bury stuff he wants to be rid of in a hurry!

MOO

I wonder if burying the furniture was a practice session for Barry as to how fast he could dig a hole that was invisible on the surface.

I picture him sneaking around for a long time fantasizing about what he could accomplish without anyone having a clue. Time alone in the woods could do that to a boy. Someone who decided to skin his pets has evil in him, I tell you! Deciding to become a firefighter places him even more in serial-killer-training probability. If he didn't set some fires I'd be surprised.

LE couldn't possibly have the means to interview all the ragtag misfits who might have hung around with Bare but there have probably been many weird conversations over a campfire. If only the woods could talk!

 

[MemPat]

I didn’t follow that case closely. I do hope Drew and Barry get acquainted soon though. Sounds like they deserve each other!

SusiQ, it's worth reading how Drew's last wife disappeared and wasn't found, but LE dug up the wife before her who didn't actually drown in a dry bathtub. Whoops! Words the last wife spoke to her minister helped convict him.....you know, hearsay!

 

[katydid23]

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.

 

[mrjitty]

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.

Agreed.

Indeed since @MassGuy 's recommendation for No Stone Unturned, I now have an appreciation for how hard it is to find a body in the wilderness even if not well hidden. The problem is the huge area to cover

 

[mrjitty]

I think it does make some sense.

If he drowned her or strangled her at home, the cadaver dogs would pick up the scent of death later on. AND he would have to transport a dead body in a vehicle---which is another way that killers get caught by forensics.

But if he disables her first---he can prevent forensics experts from gathering that kind of evidence. He can knock her out, and then take all the time he needs to straighten up the scene, get rid of any evidence, and then dispose of her somewhere remote and hidden.

If he shot her with a dart, in the back, while she was running away, it would not be that easy for her to take the needle out. And even if it took 10 or 15 for her to totally knock her out---so what? She wasn't going to get away at that point. She may have run up to her room to try and escape but he just had to break in and WAIT for her to pass out.

Agreed.

To me as a crime scene staging nut, the key question is not so much the 'how' but why does staging exist?

There shouldn't be any staging at the scene, so I would want to emphasise to the jury that we were never supposed to know about him dumping the tranq stuff

Which brings us to the most interesting question of all.

When Grusing played him about what was found "inside the house" what did Barry think they had found and why did he admit to dumping tranq stuff?

It's those to aspects IMO, which are key to his guilt.

 

[swedeheart]

I have never been riding on the mine bandwagon. I've always felt Barry did what Barry does best. Maybe he and Bob prepared a hole somewhere. He buried her is moo.

Barry buried furniture and whatnot in IN rather than ask the Salvation Army to pick it up. That furniture would have helped another family. Barry preferred to bury it which makes me think they left IN in a hurry.

I dare say they likely purchased all new furniture, new dinnerware, flatware, pots and pans, antler chandeliers. A new beginning isolating Suzanne in the mountains. Even the Bear rug was probably made from a Colorado Bear that Barry shot and killed. Did he tranquilize it first? Ask the oldest.
.

I agree, DeDee. I know a mineshaft makes the most sense, but I still think Suzanne is somewhere on or adjacent to the Puma Path property. That idea was strengthened (in my mind) when Barry decided he needed to live at the Cushman property after he got bail. That and his angry tirade about the HIE having cameras. I just don't think he would risk taking a sedated, and likely tied up, Suzanne anywhere away from that property in his truck or any other vehicle. He was hyper aware of cameras (his own deer cams included).

He had that entire week with the 2 of them alone at Puma Path, without the girls there, to prepare a spot. Suzanne probably wasn't even paying attention to anything he might have been doing out there in the yard/surrounding area. He used his skills as a landscaper to cover it all up, and make the ground look perfectly similar to the way it always has, or covered it with a boulder. He's already practiced this method with his past furniture burials, and even admitted to it.

When Barry says he does things, and does them the same way, his whole life, I believe him.

My only question about this theory is, why haven't they found her? What did he do with her body to make her unable to be found? Makes his statement about burying a body and it never being found all the more chilling.

Jmo.

ETA: I know many people think he would never put her in a spot that could be tied to him, such as PP, because it would make it too obvious that he was the perpetrator. But just look at how he never expected LE to point any fingers at him from day 1. He really thought he would not even be questioned as a suspect that early on. He was a firefighter, a landscaper, and had money. Who is going to believe that Barry, the good ole boy from Indiana, would kill his wife? Nobody. Maybe he'd be questioned, bc that's just standard procedure (he would have learned this in his true crime podcasts). But Barry has truly always believed he was getting away with this, so much that he thought Grusing was his confidant.

 

[Megnut]

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.

And maybe he was preparing a site for someone else. Maybe he was hellbent on disappearing Suzanne's lover.

Disappear him, then Suzanne won't leave.

Might make some kind of weird sense to him.

Maybe 5/9 is when he discovered, via his missing mini camera that Suzanne was using the Internet to meet up with the guy, he wasn't a local.

And that's when he decided to change his target.

JMO