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

[BeckyF]

Who was the person who asked Barry to talk to the media a few days after SM disappeared and he said “It’s too soon”? Anyone remember?

 

[MassGuy]

Who was the person who asked Barry to talk to the media a few days after SM disappeared and he said “It’s too soon”? Anyone remember?

I finally found the original report. The reporter at the end of this clip says that he spoke to Barry, and that Barry replied that it was "simply too soon at this time."

I'm assuming that was paraphrased, as Barry does not speak like that.

Woman goes missing after going on bike ride in Chaffee County | FOX31 Denver

 

[Seattle1]

^^rsbm

Not likely!

Unlike BM's criminal case, I'd think it a first for any plaintiff, including BM, to fund a CIVIL lawsuit out of pocket.

IMO, one thing BM hasn't failed at is finding the best of the best in legal practice-- including Fisher & Byrialsen, P.L.L.C, a Denver and New York law firm that filed a notice of claim on his behalf.

Barry Morphew plans to sue DA, investigators for malicious prosecution

RSBM wouldn’t there be litigators who would take this on contingency or just to get into the books for precedent setting law suit?

edit. Never mind. Looking at later posts, Seems like a point of disagreement for now whether or not it will cost BM money to bring the civil laws suit.

Specific to BM's civil rights claim by Fisher & Byrialsen, PLLC, while we're not privileged to his agreement, their website provides the following:

Fees
Fisher & Byrialsen, PLLC handles all civil rights cases on a contingency fee basis. This means that the firm does not get paid unless the case is successfully litigated or settled.

Law Offices of Fisher and Byrialsen

 

[justtrish]

I think we’ve explained this before. If he killed her then and there, it’s possible the body would evacuate which may leave traceable evidence. He could have approached her in an unthreatening manner and then just “stuck” her with the dart and sent her running without her phone to call 911. Even if she had her phone, have you ever tried running for your life and getting out a phone call?

There are certainly a number of ways this could have played out and I for one wouldn’t rule out the dart and tranquilizer. JMO

I've been doing some googling of tranquillizers and what materials are in them. There is a lot of information out there and we don't know exactly what Barry might have used since he admitted to throwing the materials out. He could have acquired any number of drugs and some are more deadly than others. I was reading that someone would be sedated in 3 to 5 minutes and sometimes 2-4 minutes depending on several factors. She was a tiny woman and he was used to sedating something larger than her. If he didn't intend to kill her, maybe he used to much and she died. If he did intend to kill her maybe he just wanted her sedated and she died due to too much medicine for her size. The reading I've done suggests it being not so exact and that many factors are in play for how quick it words. how much you need to use, and what drugs you need to counter it.

I also read that tranq darts can be fired from an air rifle.

 

[Seattle1]

I finally found the original report. The reporter at the end of this clip says that he spoke to Barry, and that Barry replied that it was "simply too soon at this time."

I'm assuming that was paraphrased, as Barry does not speak like that.

Woman goes missing after going on bike ride in Chaffee County | FOX31 Denver

I remember a similar report but it wasn't exactly like this one by Fox 13.

I recall a reporter was speaking to nephew TN via audio-only and made the offer to TN (to relay to BM) that the reporter would be happy to give BM the floor to reach out LIVE to SM-- whatever he needed.

After a few seconds of silence, and what seemed to me to be on behalf of a listening BM, TN replied that it was too soon for BM to make any public appeal. MOO

 

[MassGuy]

I've been doing some googling of tranquillizers and what materials are in them. There is a lot of information out there and we don't know exactly what Barry might have used since he admitted to throwing the materials out. He could have acquired any number of drugs and some are more deadly than others. I was reading that someone would be sedated in 3 to 5 minutes and sometimes 2-4 minutes depending on several factors. She was a tiny woman and he was used to sedating something larger than her. If he didn't intend to kill her, maybe he used to much and she died. If he did intend to kill her maybe he just wanted her sedated and she died due to too much medicine for her size. The reading I've done suggests it being not so exact and that many factors are in play for how quick it words. how much you need to use, and what drugs you need to counter it.

I also read that tranq darts can be fired from an air rifle.

If Barry did use a tranquilizer gun, then I think it's a safe bet that he broke it down and disposed of it in Broomfield.

The one that was recovered needed to be taped in order to work, and I think he would have disposed of it had he used that.

Based on the scratch marks however, I think he did this at close range, perhaps by hand (manually injected her).

 

[BeckyF]

I finally found the original report. The reporter at the end of this clip says that he spoke to Barry, and that Barry replied that it was "simply too soon at this time."

I'm assuming that was paraphrased, as Barry does not speak like that.

Woman goes missing after going on bike ride in Chaffee County | FOX31 Denver

Thanks so much!

 

[Seattle1]

I've been doing some googling of tranquillizers and what materials are in them. There is a lot of information out there and we don't know exactly what Barry might have used since he admitted to throwing the materials out. He could have acquired any number of drugs and some are more deadly than others. I was reading that someone would be sedated in 3 to 5 minutes and sometimes 2-4 minutes depending on several factors. She was a tiny woman and he was used to sedating something larger than her. If he didn't intend to kill her, maybe he used to much and she died. If he did intend to kill her maybe he just wanted her sedated and she died due to too much medicine for her size. The reading I've done suggests it being not so exact and that many factors are in play for how quick it words. how much you need to use, and what drugs you need to counter it.

I also read that tranq darts can be fired from an air rifle.

From pg 121/131 of the AA -- Agent Grusing told BM that they did not find any BAM (i.e., a brand name for a deer tranquilizer inside the house). Barry expanded here about BAM, Telazol, and Xylazine, and offered he last used rx tranquilizer in April 2020 (SM vanished May 10, 2020).

BAM Deer Tranquilizer

ETA: Defense Exhibits -- see pgs 51-69 for dart evidence.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/Defense Prelim Hearing Ex Rest.pdf

 

[MassGuy]

View attachment 339146

From pg 121/131 of the AA -- Agent Grusing told BM that they did not find any BAM (i.e., a brand name for a deer tranquilizer inside the house). Barry expanded here about BAM, Telazol, and Xylazine, and offered he last used rx tranquilizer in April 2020 (SM vanished Many 2020).

BAM Deer Tranquilizer

Of course this is totally inconsistent with what he told investigators on May 28 (page 23).

Barry was asked about the tranquilizer darts in his house. He stated that the darts' purpose was to tranquilize bucks to sell them. He said the bucks could then be placed in a trailer that has cubicles.

The tranquilizer is a sedative/narcotic and he only did this "tranqing" and selling of bucks back in Indiana. Barry said he has not used the tranquilizer or darts in Colorado.

Liar.

 

[mom2chloe]

My understanding was that Judge Lama denied the Vet as an expert witness because there was no tranquilizer Rx located inside the house, and without this, he found the theory that BM used a tranquillzer to incapacitate SM too speculative.

So does that mean that the ingredients in BAM (deer dart sedative) also can't be introduced?

I'm beginning to think the only reason that Judge Lama allowed the Rx needle sheath was because he views it as the equivalent of a BIC pen cap found inside the dryer (which it might as well be without the data explaining the Rx contents)!

I'm desperate to read Judge Lama's actual words in his Orders granting these defense motions.

I’m curious as to whether Judge Lama owns or is familiar with animals; domestic or otherwise. Given the 7 acres of property Suzanne and Barry owned this makes zero sense to me unless he legitimately has zero knowledge and familiarity. My husband and adult son were called to task tonight to hunt a coyote who had killed the boss’s calf and one of many I’m sure. They had no luck but how can anyone say with absolute certainty that a tranquilizer within a garage or other outside building and even within a house cannot harm wildlife or a human? I assisted a lady over the weekend who had a missing cat who was thankfully discovered in a neighboring shed or enclosure and found safe and well. It makes zero sense.
Threats of animals whether within or outside a homestead require different means depending on the threat. If one were to encounter a wild boar, bear, gator, coyote or whatever why limit the spaces within one would seek necessary precautions? I clearly don’t understand and welcome any input. People are often required to defend themselves with whatever is available and in whatever situation and landscape deemed necessary. IMO

 

[155etta]

In an era of digital and inexpensive fire boxes and fire safes are safety deposit boxes still a thing? My 90 year old parents have one, but I don't even think my bank has them anymore.

We have two, at two different banks in our town. And we aren't what I would call old.

 

[mom2chloe]

In an era of digital and inexpensive fire boxes and fire safes are safety deposit boxes still a thing? My 90 year old parents have one, but I don't even think my bank has them anymore.

I have one in an adjacent county that I’ve paid 50 bucks a year for and have visited maybe twice in nearly 25 years. Ridiculous but if I were a woman in fear it might be a valuable asset. Otherwise a waste of money. We have safes fireproof and otherwise but if you needed to hide or secure something confidential a safe deposit box might be the way to go Imo

 

[MassGuy]

I have one in an adjacent county that I’ve paid 50 bucks a year for and have visited maybe twice in nearly 25 years. Ridiculous but if I were a woman in fear it might be a valuable asset. Otherwise a waste of money. We have safes fireproof and otherwise but if you needed to hide or secure something confidential a safe deposit box might be the way to go Imo

It's a good idea to have one of those if you're married to Barry. Then again, it's a good idea not to be married to Barry in the first place...

 

[Seattle1]

I remember a similar report but it wasn't exactly like this one by Fox 13.

I recall a reporter was speaking to nephew TN via audio-only and made the offer to TN (to relay to BM) that the reporter would be happy to give BM the floor to reach out LIVE to SM-- whatever he needed.

After a few seconds of silence, and what seemed to me to be on behalf of a listening BM, TN replied that it was too soon for BM to make any public appeal. MOO

CO - CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #17

 

[Auntie Cipation]

Barry was asked about the tranquilizer darts in his house. He stated that the darts' purpose was to tranquilize bucks to sell them. He said the bucks could then be placed in a trailer that has cubicles.

RSBM

Where is that trailer?

 

[MassGuy]

RSBM

Where is that trailer?

Probably back in Indiana. He'd have no reason to own one in Colorado, and we definitely haven't heard about one ever being present there.

 

[Seattle1]

Of course this is totally inconsistent with what he told investigators on May 28 (page 23).

Barry was asked about the tranquilizer darts in his house. He stated that the darts' purpose was to tranquilize bucks to sell them. He said the bucks could then be placed in a trailer that has cubicles.

The tranquilizer is a sedative/narcotic and he only did this "tranqing" and selling of bucks back in Indiana. Barry said he has not used the tranquilizer or darts in Colorado.

Liar.

Yes - this is what I recall Judge Murphy referencing about how BM put the tranquilizer back in his own hands only days before his wife disappeared (Apri 2020)-- after he first stated he'd not used any tranquilizers since Indiana!

Just one more example of BM changing his story to what he believes is in evidence.

MOO

 

[Auntie Cipation]

Probably back in Indiana. He'd have no reason to own one in Colorado, and we definitely haven't heard about one ever being present there.

Yes, that's the assumed situation. But if all the deer farming equipment was left in Indiana, then it's not really a compelling explanation for why he had the tranq materials in Colorado...

Which is what you'd already said. Never mind me

 

[BeckyF]

I finally found the original report. The reporter at the end of this clip says that he spoke to Barry, and that Barry replied that it was "simply too soon at this time."

I'm assuming that was paraphrased, as Barry does not speak like that.

Woman goes missing after going on bike ride in Chaffee County | FOX31 Denver

Thanks. I couldn’t remember if it was a member of LE that asked or who. If it was LE that asked, I would think this statement, if brought up at trial, could be very damning towards Barry, not that there aren’t enough other outrageous comments he made.

 

[Seattle1]

I’m curious as to whether Judge Lama owns or is familiar with animals; domestic or otherwise. Given the 7 acres of property Suzanne and Barry owned this makes zero sense to me unless he legitimately has zero knowledge and familiarity. My husband and adult son were called to task tonight to hunt a coyote who had killed the boss’s calf and one of many I’m sure. They had no luck but how can anyone say with absolute certainty that a tranquilizer within a garage or other outside building and even within a house cannot harm wildlife or a human? I assisted a lady over the weekend who had a missing cat who was thankfully discovered in a neighboring shed or enclosure and found safe and well. It makes zero sense.
Threats of animals whether within or outside a homestead require different means depending on the threat. If one were to encounter a wild boar, bear, gator, coyote or whatever why limit the spaces within one would seek necessary precautions? I clearly don’t understand and welcome any input. People are often required to defend themselves with whatever is available and in whatever situation and landscape deemed necessary. IMO

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.