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

[charminglane]

We have read cash.

I'm hoping Suzanne kept every buck found in his pockets for herself while doing laundry.

 

[DizzyB]

I would imagine that Barry’s work clothes were always washed separately. He got pretty dirty doing his job. I am not great at separating clothes and towels and sheets like some of y’all are, but you can bet Barry’s stuff would not end up in any wash load other than his own.

 

[justtrish]

I would imagine that Barry’s work clothes were always washed separately. He got pretty dirty doing his job. I am not great at separating clothes and towels and sheets like some of y’all are, but you can bet Barry’s stuff would not end up in any wash load other than his own.

Seems rather odd to see bedsheets in with his clothing doesn't it? I think Suzanne likely would not have done that. I am more willing to believe Barry did that.

 

[Momofthreeboys]

If Judge Lama and his decision do not make OP nervous after several AA quotes on the subject, and the quoted ruling below, then I truly have no words.

And Prosecutor Hurlbert's response was valid and backed by case law.

For me the line between speculation and inference is a very thin line. I still maintain it is the prosecution’s job to be able to verbalize the facts in a manner that makes it clear that it is not just speculation. The affidavit at this point is an artifact so it doesn’t “bother” me if he didn’t read the whole thing. This is the trial and the bar is higher I think than the arrest and the arguments have to be well made.

 

[Puzzles8]

Safe Deposit Box or Gun Safe at Home?

@Puzzles8 Good point. That was a big, Big, BIG safe in the PP garage which could accommodate one or more large articles that few S.D. boxes would hold. No records of access (when it was opened & closed) would seem to be one of BM's desired storage features.

If stashing cash or contraband?
Bank's hardcopy & electronic records show access times & dates but no record of contents. A person can rent multiple smaller boxes, if a large one is not available to contain "The Goods."
Shady actors may want to bypass a S.D. box. A bank's access records could be vital circumstantial evidence re timing to support criminal prosecution, just like phone calls, texts, etc. my2ct.

IIRC at some point, Barry insinuated Suzanne had taken $70,000 from that safe.

One has to wonder, what else did he keep in that safe???

JMO

 

[susiQ]

I was married to a man, who had no similarity to Barry, nothing at all. But when I begged for divorce, one day he disappeared and called me from the home of an unknown friend for telling me, he had a pistol right to his head at that moment. I had not much sympathie (I was done), I found it desperate and childish somehow - and it turned out fine, fGs. Nobody knows about that incident until today.

I’m glad your ex didn’t follow through. Really childish, right? But here’s a story I will not forget because it happened on a special day.

My husband, eldest son and daughter-in-law threw a 60th birthday party for me. A good friend and her husband, an attorney, left early, feeling rather down. His daughter’s friend was married to a very nasty man, who kept a big knife under his pillow, warning her he could use it at any time. Well, she left with the kids while he was at school, a respected vice principle. Then he threatened he would kill himself but our attorney friend told her, in his experience they never do. Well, he did, in the most horrific way and he was found that very morning by some LE we know, including the attorney’s son. This nutcase went about the house smashing family photos while slashing himself with a knife leaving blood on practically every piece of furniture. Then he put the plug in the bathtub and ran the water. He died on the bathroom floor. Thankfully, after much consideration the insurance company paid out on the water damage and she was able to sell the house. So very thankful this young woman got out in time with her little ones. I believe he was capable of murdering them all before he committed suicide.

Very disturbing story. I wish Suzanne could have sensed the mortal danger she was in. I would much rather have seen Barry off himself in a fit of rage. JMO

 

[MassGuy]

For me the line between speculation and inference is a very thin line. I still maintain it is the prosecution’s job to be able to verbalize the facts in a manner that makes it clear that it is not just speculation. The affidavit at this point is an artifact so it doesn’t “bother” me if he didn’t read the whole thing. This is the trial and the bar is higher I think than the arrest and the arguments have to be well made.

The affidavit established the probable cause necessary to justify Barry's arrest.

The evidence contained within the AA, was presented at the preliminary hearing. Much of this evidence is being challenged by the defense, which makes it absolutely vital that the judge not only read the whole thing, but practically memorize it.

I'd also hope that he's taken the time to go through the entire preliminary hearing transcript.

He didn't have the benefit of being on this case from the beginning, so he'd damn better make sure that he's taking it upon himself to be up to speed.

 

[Puzzles8]

I’m glad your ex didn’t follow through. Really childish, right? But here’s a story I will not forget because it happened on a special day.

My husband, eldest son and daughter-in-law threw a 60th birthday party for me. A good friend and her husband, an attorney, left early, feeling rather down. His daughter’s friend was married to a very nasty man, who kept a big knife under his pillow, warning her he could use it at any time. Well, she left with the kids while he was at school, a respected vice principle. Then he threatened he would kill himself but our attorney friend told her, in his experience they never do. Well, he did, in the most horrific way and he was found that very morning by some LE we know, including the attorney’s son. This nutcase went about the house smashing family photos while slashing himself with a knife leaving blood on practically every piece of furniture. Then he put the plug in the bathtub and ran the water. He died on the bathroom floor. Thankfully, after much consideration the insurance company paid out on the water damage and she was able to sell the house. They found him on the day of my celebration. So very thankful this young woman got out in time with her little ones. I believe he was capable of murdering them all before he committed suicide.

Very disturbing story. I wish Suzanne could have sensed the mortal danger she was in. I would much rather have seen Barry off himself in a fit of rage. JMO

I'm so sorry he put your family through this the day of your celebration.

A similar thing happened to a good friend of mine. His mother committed suicide the morning his sister-in-law was to be married. I believe she did this to inflict the most pain possible to the survivors. So tragic and sad.

Prayers for your family.

 

[FromGermany1]

I was married to a man, who had no similarity to Barry, nothing at all. But when I begged for divorce, one day he disappeared and called me from the home of an unknown friend for telling me, he had a pistol right to his head at that moment. I had not much sympathie (I was done), I found it desperate and childish somehow - and it turned out fine, fGs. Nobody knows about that incident until today.

ETA: fGs = wrong translation. Of course I meant "thank God".

 

[susiQ]

I'm so sorry he put your family through this the day of your celebration.

A similar thing happened to a good friend of mine. His mother committed suicide the morning his sister-in-law was to be married. I believe she did this to inflict the most pain possible to the survivors. So tragic and sad.

Prayers for your family.

Thank you. There is SO much mental illness out there that goes undiagnosed, unfortunately. Thankfully, not all are prone to killing others.

 

[Whitneyh]

Judge Lama doesn't make me nervous. The prosecution does. There's a hearing on every motion. If they don't have the goods to make the case they don't have the goods...I have a hard time accepting they are simply inept in supporting the theories they came up with. Barry was dumb to even talk but that's water under the bridge.

Things we haven’t heard on, make me less worry

1.) search warrants from SD home, what incriminating evidence if any
2.) the spy pen of him listening to true crime podcast one of which a woman goes missing on a bike.

Prosecutors still have a good case as long as they can present it succinctly

 

[Love Never Fails]

I was about the same age when my mom showed an embarrassing home movie to friends. In response, I threatened to jump out the second floor window.

My grandmother was visiting and got me a chair...

She called my bluff, just like Suzanne called Barry's.

Lol! Your grandmother is my kind of lady!

 

[BDAJAG]

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.

Lama, J.
The 'Peter Principle'.
The the epitome.
More enduring than any variant of any corona virus. Forever and ever amen

Dare say: More concerned about reversal than common sense and justice
.
Justice in this world, anyway

 

[MemPat]

Your post brought back a memory that made me laugh. When one of my sons was a boy and I got onto him about not taking care of his clothes he yelled “I hate you!” He was about eight. That’s what kids do. He wanted to go outside and play and he had to wait.
To think a grown man would make a threat, it’s definitely about control.

When children are small they test authority. When what one says or does helps him get his way, he keeps repeating it.
This can manifest a lifetime of controlling behavior.

I would expect Barry behaved badly throughout his childhood. Then he found an easily manipulated girl to marry.
After that, here we are. She's dead and buried.
If he's acquitted he'll do it all again because he is what he is.

 

[mom2chloe]

We discussed the merits of a wrongful death suit earlier here and @Momofthreeboys is correct. Under Colorado Law, SM's family (i.e., family defined as SM's parent or parents) does not have standing because SM had a spouse and children. And even if she did not have children, unfortunately, siblings of the deceased do not have standing in Colorado.

IMO, from what we know about the relationship today, it would make no sense for the daughters to sue BM since it would be like suing themselves.

Wrongful Death Frequently Asked Questions (FAQ).

One of the first questions that must be addressed in any wrongful death case is: who are the people who are legally entitled to bring an action to recover damages. Another way of phrasing this question is: who has “standing to sue.” In Colorado, C.R.S. § 13-21-201 governs who may bring a wrongful death action.

During the first year after death, this statute gives priority to the spouse of the decedent to commence a wrongful death action. If there is no spouse, a wrongful death action may be brought by the heirs of the decedent, and, if there are no spouse and no heirs, by the decedent’s parent or parents. In the second year after death, a wrongful death action may be commenced by the spouse or heirs of the decedent.

Under Colorado law, the term “heirs” has been narrowly construed by the courts. For purposes of the Wrongful Death Act, the term “heirs” includes only lineal descendants of the decedent, and does not include siblings or parents. Parents have standing to bring an action for the wrongful death of a child only if the child is not survived by a spouse or heirs. This is true even if the spouse elects not to pursue a wrongful death claim. Under Colorado law, if the decedent is not survived by a spouse, heirs or parents, siblings still have no standing to maintain a wrongful death action, even if such siblings are the decedent’s only surviving relatives.

Pursuant to a recent statutory amendment, a “designated beneficiary” of the decedent may also have standing to bring a wrongful death action, in lieu of, or in addition to other parties with standing enumerated by the statute.

Appreciate your response and explanation. Do you know if there is a Federal law that may possibly supersede the Colorado state law in this instance? If not could it possibly be in the future and what would be necessary to make it an even possible scenario. Much appreciated!

 

[mom2chloe]

I’m hoping CBI agents found a record of purchase for what he did use.

This is an excellent point IMO. All scheduled drugs are documented and accounted for since many years ago. I’m thinking adhd and never considered tranq meds until now. IMO.

 

[Spartygirl]

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.

Yes... we still have them.
Not every branch has them, but they are still around and being used.
Of course, I dont think the younger generation even know what they are or that they exist LOL

 

[Spartygirl]

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?

Right?!?!?!?
Who does that??
Your wife, the mother of your children, the love of your life, is missing and "It's too soon" to make a plea or a statement??

I would be screaming from the rooftops from the very beginning.
JMO

 

[mom2chloe]

When children are small they test authority. When what one says or does helps him get his way, he keeps repeating it.
This can manifest a lifetime of controlling behavior.

I would expect Barry behaved badly throughout his childhood. Then he found an easily manipulated girl to marry.
After that, here we are. She's dead and buried.
If he's acquitted he'll do it all again because he is what he is.

Barry found a sick and vulnerable girl who’s family he could manipulate into believing he was a God send and they understandably fell for his act. He has been performing for them and theirs this entire time except this time Suzanne’s family know the truth and Barry is not nor has he ever been what they were lead to believe. They know. They recognize it and they are unable to share the truth with their loved ones. They can not do a damn thing and if they attempted to reach out they cause more pain and confusion. This must be the literal definition of hell for them and those they love especially the girls. Victims all the way around without security or safety. Barry is not done causing pain and more. There is no safety for all involved. Much like a war against innocents. IMO again never winning only losing. When does it end?

 

[al66pine]

Speech. Images. Listening. Seeing.

.... we've heard everything from it was in the drum, to it was in the trap...I don't know where that sheath was....

@Momofthreeboys sbm Thanks for your post. I hope the prosecution will be conscientious w terminology, and will stress this in pre-trial discussions w their witnesses.
Trials offer plenty of opportunties for confusion and misunderstandings when people - atty's, LE witnesses, civilian witnesses, et al - casually use various words or phrases to refer to the same item, like the above.

For ex, if prosecutor delves into the dart/BAM theory-
Was "it" a dart, a needle, a hypodermic? Needle sheath? Needle cover? Needle guard?
Found in dryer, what part? Dryer drum? Or dryer trap? Dryer filter? Dryer screen? If these are all the same thing, then I hope they use the same word (Some posters debated that location of discovery & nomenclature. but I'm still not sure).

If "it" was left in dryer, how could someone (SM, BM) have overlooked "it." Where was the filter/trap/screen located - in front panel of dryer? Top of dryer? Or in "porthole" rim, exposed only when door is opened? Or in exterior vent outlet?

Simple graphics, say pairing line drawings (from dryer manu's user manual?) of "it" & location where found, w LE photos of PP laundry room could help jurors to better follow the questioning, without getting sidetracked.
In examining LEOs who found "it," prosecutor can display for the jury, the investigator's photos on a biiig monitor of the dart/hypodermic/ needle sheath/needle cover/needle guard, what-ev term is used. And the visual aids should include the name for "it." One example ^ of many potential terminology potholes.

Another place this would be helpful for jury is w maps. Enlarging Google Earth overheads/birdseyes is a good start to show something like drives from PP home to places like DSI, stove/spa store, local cafe/quickee mart (where BM wrote description of 3? clothing items), Do a bit of animation, to add one aspect at a time --- the truck's path as driven, w distance markers & adding departure & destination times. I know there are limitations on graphics & animations, etc, typically admissible w an expert witness giving an opinion.

Some jurors assimilate information better by listening to atty's questions & witness responses. Other jurors better understand by seeing. I hope the prosecution can use both methods to reinforce one another to help the jury make a sound decision.

Anyone have a sense of what graphics, etc have been admitted in other recent CO. trials?