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

[susiQ]

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!

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 .

 

[susiQ]

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.

I agree. She’s close to PP and I think he used a boulder, a large boulder, to cover the site. Ugly too, because his hard scape landscaping is, well, ugly from what I could see.

I don’t know what it is about landscapers, but I know a whole bunch where the marriages ended in divorce. Most recently, a good acquaintance has become a close friend and I had the pleasure of seeing her husband’s work on their property as the house was put up for sale for the division of assets. Sold in one day. He was a lousy husband, but his landscaping was beautiful. All on her dime I might add. She supported him for years. Another narcissist. Loved the money she brought in and then lied about the large inheritance he received. Stalking and hiding money too. Turned her mother into one of his “flying monkeys.” He tried that with some others, but thankfully most of them knew her well enough not to believe his lies. Some got fooled, but not for long. I’m relieved he is not a murdering narc, or at least I’m hoping so. She is a lovely person and put up with all this for as long as Suzanne and finally put her foot down. I worried a lot for a while as her attorney told her she could NOT change the locks on the house as it was the matrimonial home. He frequently came into the house when she was not home. It stopped when she put up cameras inside the house. I can’t wait till she’s out of there and in her new place. These narcissists are very scary people.

 

[Seattle1]

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.

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

 

[Momofthreeboys]

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

That is a really interesting case. We've often looked for similar cases here to compare. One comment to the article mentioned the lack of CCTVs also. Your comment from the thread on this case bears repeating

This is a good case to highlight what investigators/prosecutors believed sufficient evidence to issue an arrest warrant was insufficient for to jury to determine proof of guilt beyond a reasonable doubt.

Depending on how the trial goes, it would not surprise me if defense again requests a dismissal after defense rests...but that is pure speculation as we really have no idea exactly how defense will present their case and what admissible information will be used.

 

[Scootie98]

So you think he will change his plea? I hadn’t given that much thought. He’s so arrogant I don’t see him ever admitting what he did. I recall thinking that Patrick Frazee would spare himself the humiliation of sitting through a trial, but he didn’t and that was a “slam dunk.” I’ll be really surprised if Barry changes his plea to avoid the exposure. I can imagine him shifting in his seat alot though

I can't see Barry spending a half a mil on legal defense only to plead to anything.....I think he's all in.

 

[DizzyB]

I can't see Barry spending a half a mil on legal defense only to plead to anything.....I think he's all in.

I’m sure Barry thinks he is going home for good, a free man. He might be, but that doesn’t make him less of a murderer.

 

[Scootie98]

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

I am under the impression, just a guess, that no one, I mean no one, operated the bobcat but Barry. I don't think he trusted his contract workers to operate it, or anyone else....I could be wrong....but I hope this question gets asked of MG...did anyone else ever operate the bobcat? Why does this matter? He didn't take it to Broomfield though it was surely needed on Monday, and he knew that....So, why no bobcat in Broomfield? IOW....he left his purse at home.

 

[Momofthreeboys]

I am under the impression, just a guess, that no one, I mean no one, operated the bobcat but Barry. I don't think he trusted his contract workers to operate it, or anyone else....I could be wrong....but I hope this question gets asked of MG...did anyone else ever operate the bobcat? Why does this matter? He didn't take it to Broomfield though it was surely needed on Monday, and he knew that....So, why no bobcat in Broomfield? IOW....he left his purse at home.

I found that odd...but it was reported that Barry didn't supervise the original build of the wall so it is possible Sunday was a reconnaissance mission and he didn't think it was needed to dismantle and planned to head home and return with the bobcat after his labor got the old wall dismantled. Several people have wondered when he booked the room(s) and how many rooms were booked for how many days. I agree that would be interesting to know and maybe we'll learn that at trial.

 

[Megnut]

Normal, not normal.

If Suzanne hadn't been murdered on Mother's Day weekend, would.....

...would Barry have changed the blade on his Bobcat?

...would there have been loose bolts and an unpinned arm on the Bobcat?

...would Barry have contacted the guy with the backhoe attachment?

...would Suzanne have had steak, sex and slumber with Barry? One plate, one bed...

...would Barry have worked all day on Saturday?

...would there have been any loud equipment running at the beachsite?

...would Barry have been home all day on MD?

...would Barry have picked up MG at 5:30 PM and driven to Broomfield?

...would he have brought the Bobcat?

...would the wall have even been a thing? Why then? Why all of a sudden? And how, with no supplies pre-ordered?

....would these have occurred -- the reset on his truck, pairing with a mystery device, dismantling his trail cams?

...would SD and FB have noted a vehicle?

...would Barry have done laundry?

...would Barry have backed up 95 feet?

...would he have detrailered the Bobcat?

Busy B was very busy that weekend.

Suzanne's behavior was consistent with life-after-divorce -- culturing a new relationship, setting up civil boundaries (ala would still do invoices, cooperating/coordinating household duties -- hot tub stuff, looking at housing options), planning for biking, the online wedding....

Barry's were consistent, too. And utterly incompatible with Suzanne's.

JMO

 

[Seattle1]

That is a really interesting case. We've often looked for similar cases here to compare. One comment to the article mentioned the lack of CCTVs also. Your comment from the thread on this case bears repeating Depending on how the trial goes, it would not surprise me if defense again requests a dismissal after defense rests...but that is pure speculation as we really have no idea exactly how defense will present their case and what admissible information will be used.

^^bbm

That's not how it works.

After the defense rests, the case is given to the jury and the defense asks them to return with a not guilty verdict. The defense doesn't ask for a dismissal after the defense rests.

In both civil and criminal cases, at the conclusion of the plaintiff's or government's evidence, the prosecutor announces that the plaintiff or the government rests.

When the jury leaves the courtroom, the defense (in a civil case) can motion for a directed verdict, arguing that the defendant's liability has not been proven by a preponderance of the evidence.

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.

MOO

How Courts Work

 

[Seattle1]

I found that odd...but it was reported that Barry didn't supervise the original build of the wall so it is possible Sunday was a reconnaissance mission and he didn't think it was needed to dismantle and planned to head home and return with the bobcat after his labor got the old wall dismantled. Several people have wondered when he booked the room(s) and how many rooms were booked for how many days. I agree that would be interesting to know and maybe we'll learn that at trial.

We learned during the PH (per defense attorney DN) that BM did not book any hotel rooms for any of the workers, and he also never contacted them to tell them not to come to Broomfield after his wife was reported missing. I've posted and linked this previously.

 

[Love Never Fails]

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

Got it. Thank you.

 

[Love Never Fails]

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?

Did he take his girlfriend to scope out locations?

 

[FromGermany1]

If Suzanne would have disappeared from earth and Barry would have been left a broken, desperate man with 2 sad girls, also left behind, and nobody had one single reason to suspect him,

..... would BM be one of the heirs of Suzanne's father?

 

[Momofthreeboys]

^^bbm

That's not how it works.

After the defense rests, the case is given to the jury and the defense asks them to return with a not guilty verdict. The defense doesn't ask for a dismissal after the defense rests.

In both civil and criminal cases, at the conclusion of the plaintiff's or government's evidence, the prosecutor announces that the plaintiff or the government rests.

When the jury leaves the courtroom, the defense (in a civil case) can motion for a directed verdict, arguing that the defendant's liability has not been proven by a preponderance of the evidence.

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.

MOO

How Courts Work

Thanks for the clarification.

 

[Skigh]

If Suzanne would have disappeared from earth and Barry would have been left a broken, desperate man with 2 sad girls, also left behind, and nobody had one single reason to suspect him,

..... would BM be one of the heirs of Suzanne's father?

I think Suzanne's father probably saw right through Barry very early on in their marriage. So no, I do not think a single penny would be bequeathed to him.

 

[Love Never Fails]

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 .

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.

 

[Love Never Fails]

I think Suzanne's father probably saw right through Barry very early on in their marriage. So no, I do not think a single penny would be bequeathed to him.

And yet he made him a huge loan for Suzanne’s sake so they could buy that house.

ETA: but I agree, he got his number and wouldn’t have left him a dime.

 

[Seattle1]

If Suzanne would have disappeared from earth and Barry would have been left a broken, desperate man with 2 sad girls, also left behind, and nobody had one single reason to suspect him,

..... would BM be one of the heirs of Suzanne's father?

Given the circumstances here where GM passed knowing that his daughter was missing, most likely deceased, I have no doubt that GM did not provide for BM in his Will!

IMO, GM most likely excluded SM and named his granddaughters individually as beneficiaries.

Generally, if a sole beneficiary passes away, their death benefit automatically lapses (fails), and they or their immediate family will not inherit anything from your estate.

However, unless the Will provides otherwise, if a beneficiary survives the decedent but then dies later (before the estate is distributed), the deceased beneficiary's share of the estate typically becomes part of the deceased beneficiary's estate.

MOO

 

[FromGermany1]

Given the circumstances here where GM passed knowing that his daughter was missing, most likely deceased, I have no doubt that GM did not provide for BM in his Will!

IMO, GM most likely excluded SM and named his granddaughters individually as beneficiaries.

Generally, if a sole beneficiary passes away, their death benefit automatically lapses (fails), and they or their immediate family will not inherit anything from your estate.

However, unless the Will provides otherwise, if a beneficiary survives the decedent but then dies later (before the estate is distributed), the deceased beneficiary's share of the estate typically becomes part of the deceased beneficiary's estate.

MOO

I viewed a docu on TV ( "Medical Detectives"), where a husband murdered and disappeared his wife (3 children conveniently not at home at that time). It was said, he (also) didn't want to lose the inheritance of his wife's wealthy parents (besides he wanted to get rid of the wife). He was a control freak during his marriage, his wife had a secret extramarital relationship, he googled for sex dates (his computer revealed).
I couldn't help, but thought of Barry/Suzanne the whole time. Btw, the wife looked very pretty just as Suzanne.