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

[Seattle1]

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!

Sorry, I don't think I have any good news here:

In the case of SM's death, as we know it, I don't know of anything about the case that would cause SM's death by BM to fall under any federal statute, causing a wrongful death claim to be heard in federal jurisdiction. (Also, every state in the country provides for a wrongful death state-level- statute).

However, that's not to say that wrongful death cases are not sometimes heard in Federal courts but the circumstances tend to be very different than SM's case, a wife killed by her husband.

For example, the death claim against a large corporation, such as a manufacturer of a vehicle and defective components that lead to death, there are chances the defendant (i.e., large corporation) will opt for federal jurisdiction and request that their state-level wrongful death case be heard in federal court.

In another example, if this was a case where SM was killed by police and her siblings wanted to file a wrongful death claim against the individual police officers, the federal court must also first determine if Plaintiff has standing to bring the action, where federal courts are under an independent obligation to examine their own jurisdiction.

Here, the claim provides that state common law be used to fill the gaps in administration, so the federal court would look to Colorado state law to determine whether Plaintiff has standing to assert a wrongful death or survival claim under 42 U.S.C. § 1983. Id.; Aguillard v. McGowen, 207 F.3d 226, 231 (5th Cir. 2000).

The result would be the same-- siblings would still have no standing to file a wrongful death claim in a federal jurisdiction pursuant to Colorado Law where a sibling has no standing.

Aguillard v. McGowen, 207 F.3d 226 | Casetext Search + Citator

 

[FromGermany1]

I think, BM was using some "Bodensafe" (German designation for one product) for burying MONEY into soil somewhere. Question is: How did he find his treasures later on, when needed? How did he mark the place?? With a certain tree? With certain antlers? With certain boulders? - Which time of day did he dig it up again, when needed? By night, by moonlight? When he was allegedly chasing chipmunks or dead turkeys? (Idk, if there are chipmunks also in Indiana.)

From advertising (Google translation):
The advantages:

The Bodensafe XL is small, handy and can be hidden almost anywhere.
It is extremely robust, rustproof, airtight and watertight.
The content is protected from any external influences, even years later.
Compact, safe and indestructible!

No matter where, the Bodensafe XL reliably guarantees problem-free storage of your valuables, for example in the garden pond, in the toilet flush, in the chimney or walled in under your yard pavement. Made of solid stainless steel tubing and a wall thickness of 3 millimeters, the protective hiding place is extremely stable and offers a generous capacity of around 35 to 50 ounces of gold or 20 to 30 ounces of silver. The bottom is tightly welded and the opening can be easily and absolutely tightly closed via a conical thread by screwing on the octagonal sealing cap with hemp or Teflon tape (not included in the scope of delivery).

Extra tip: With several floor safes, the risk can be spread over a larger number of hiding places.

 

[BeckyF]

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.

Soon the floodgates will open and that water will be way over the bridge. His words will come back to bite him in the rear end.

 

[mrjitty]

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.

I was just reading about this in crime scene analysis materials for poisoning. Investigators should focus on acquisition of chemicals, where they were worked with, where they were disposed of etc

 

[mrjitty]

Barry tells us the sheath is relevant, and he does so through his lies. If anyone believes he tranquilized antler-less deer in April, then I have a bridge to sell you.

Yes - but IMO the critical point is he thought they found a dart when he lied.

He even gave the impression you'd find darts lying around the yard, so that one would not be significant.

 

[mrjitty]

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.

The judge illustrates to me the structural judicial issues around domestic abuse.

The judge swims in a patriarchal culture to such an extent that he does not see the wood from the trees and then wonders "where the evidence is"

We always come back to this idea that there is some normal level of strife in a marraige and unless SM turned up with a black eye, then talk of abuse is somehow too prejudicial

Kafka IMO

 

[NoSocks]

Back to the needle sheath in the drier. I have been doing my own laundry for years... as a guy that works a dirty job for a living I always forget stuff in my pockets. I never do sheets or towels with my work clothes, and ultimately find treasure in the drier by the horrific rhythmic sound! As a boulder moving macho he man, BM appears oblivious to the little things that encompass life at home..

 

[Kemug]

I can think of a few things without seeing all the interviews and having first hand accounts of any of the initial calls with police, etc.

He was gone on Mother's Day during initial COVID lockdown mess
He didn't call to report her missing, someone else did
He says the marriage is perfect, daughters bf says on initial interview that things were not perfect in Morphewland.
He gets out of his truck and well that entire performance was a D- at best
The scene on first look didn't look like a wreck at all, those officers picked up on it before they even know any other details about her being missing.
The dog that came out that first night didn't pick up her scent


This is just from what we all know in the first couple hours. Any one of these things without the others might have been easily dismissed, but add them all up and it is odd.

And right from that first day he lied and lied.

 

[Love Never Fails]

I think, BM was using some "Bodensafe" (German designation for one product) for burying MONEY into soil somewhere. Question is: How did he find his treasures later on, when needed? How did he mark the place?? With a certain tree? With certain antlers? With certain boulders? - Which time of day did he dig it up again, when needed? By night, by moonlight? When he was allegedly chasing chipmunks or dead turkeys? (Idk, if there are chipmunks also in Indiana.)
View attachment 339263
From advertising (Google translation):
The advantages:

The Bodensafe XL is small, handy and can be hidden almost anywhere.
It is extremely robust, rustproof, airtight and watertight.
The content is protected from any external influences, even years later.
Compact, safe and indestructible!

No matter where, the Bodensafe XL reliably guarantees problem-free storage of your valuables, for example in the garden pond, in the toilet flush, in the chimney or walled in under your yard pavement. Made of solid stainless steel tubing and a wall thickness of 3 millimeters, the protective hiding place is extremely stable and offers a generous capacity of around 35 to 50 ounces of gold or 20 to 30 ounces of silver. The bottom is tightly welded and the opening can be easily and absolutely tightly closed via a conical thread by screwing on the octagonal sealing cap with hemp or Teflon tape (not included in the scope of delivery).

Extra tip: With several floor safes, the risk can be spread over a larger number of hiding places.

Yes we have chipmunks and lots of animals here in Indiana. I’m sure Barry had his pick of them when he lived here. Makes me angry.

 

[Momofthreeboys]

Sorry, I don't think I have any good news here:

In the case of SM's death, as we know it, I don't know of anything about the case that would cause SM's death by BM to fall under any federal statute, causing a wrongful death claim to be heard in federal jurisdiction. (Also, every state in the country provides for a wrongful death state-level- statute).

However, that's not to say that wrongful death cases are not sometimes heard in Federal courts but the circumstances tend to be very different than SM's case, a wife killed by her husband.

For example, the death claim against a large corporation, such as a manufacturer of a vehicle and defective components that lead to death, there are chances the defendant (i.e., large corporation) will opt for federal jurisdiction and request that their state-level wrongful death case be heard in federal court.

In another example, if this was a case where SM was killed by police and her siblings wanted to file a wrongful death claim against the individual police officers, the federal court must also first determine if Plaintiff has standing to bring the action, where federal courts are under an independent obligation to examine their own jurisdiction.

Here, the claim provides that state common law be used to fill the gaps in administration, so the federal court would look to Colorado state law to determine whether Plaintiff has standing to assert a wrongful death or survival claim under 42 U.S.C. § 1983. Id.; Aguillard v. McGowen, 207 F.3d 226, 231 (5th Cir. 2000).

The result would be the same-- siblings would still have no standing to file a wrongful death claim in a federal jurisdiction pursuant to Colorado Law where a sibling has no standing.

Aguillard v. McGowen, 207 F.3d 226 | Casetext Search + Citator

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.

 

[MountainDad]

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.

 

[BDAJAG]

RSABBM

THIS^^^is a most ridiculous statement. Come on now! How many times have you found and item in the bottom of your dryer that undoubtedly came from your or a family members pocket?! Goodness knows I wish those pesky Kleenex tissues would stay in! Quarter, dimes, nickels and pennies. I’ve even been fortunate enough to find some bills! I really hate the chapsticks that mess up a load.

Dead give away IE.
YOU don’t do your own laundry!
JMHO

^
VR
C
bm
​

What a brilliant deduction, @susiQ !

Please indulge,(or humor?), my laying the foundation for a like-minded inference re. IE , below:

• Worked in my dad's LaunderEase*, [Metuchen NJ], summers & after school, '56-'59;
• * 38 front-loading Bendix washers ;
• * mixed and bottled own bleach and bluing {bluing FIRST };
• * thirty-five cents for eight pounds, dry/soiled, in basket(s);
• * customer drops sorted, washed, extracted, gas-dried*, & rough-folded;
• * zipper and metal button burns to show for it;
• paid twenty-five cents/hr. + ...
• + anything I found when I cleaned 38 washer traps at day's end, [occasional small change & rhinestones [LOTS of slimy lint, tho' ]

So been there/done that......
Humbling? Seemed not to be at the time. Heck, 'under-twelve' at the Forum theatre was only $.25! Likely shaped some character, tho'.

So thanks, susiQ! Now I'm thinking that not doing her own laundry just might account for how & why Counselor Eytan seems to be...
... the way she seems to be.

# # #​

 

[Love Never Fails]

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.

Exactly.

 

[Curiousobserver]

Speech. Images. Listening. Seeing.
@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.
REDACTED

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.

 

[OldCop]

The according instructions he missed as an actor, it seems. Lousy beginner!! Wailing voice: okay. Timing: not okay at all. Hadn't to be his "first" thought and apprehension. (No wonder: it wasn't his first thought. He knew!)

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

 

[Love Never Fails]

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

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

 

[HongKongPhooey]

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

Reminds me of the husband in Fargo practising his call to his father in law!

 

[Momofthreeboys]

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.

Most likely how it will go. That can also be said for the fire in the fireplace and the crack in the door frame. I also don't disagree about means, motive and opportunity and never have. My challenge is, in my opinion, the case is a tad weak once all the info that gets discredited along with the hearsay and characterization is gone what is left might not be enough. Not a popular opinion but I've got my big girl pants on.

 

[BeckyF]

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 completely agree.

 

[AnnaGrace]

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

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..