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

[Diddian]

Another botched murder investigation by police and DA. Was the officer who touched the bike, the officers who asked Barry to give them evidence bag and walk through the house, Cahill saying and doing things to risk prosecution- were they disciplined ? How many times is ok? Why are police and DA allowed to mess up so bad with no oversight or consequence? Why is DA not producing docs in a timely manner? Grusing, should have studied and been more prepared for follow up questioning in those 30 interviews. I've yet to here where any major pressure was put on Barry. After his lies, what was the follow up question. "She was sleeping at 5 when I left for Broomfield". Um. We had a great marriage? I was at the job? What did you do Sat night? Why no cell phone data for Suzanne after 2 on Sat?What was the follow up questioning?

I propose a federal agency that only investigates and prosecutes murders? I'm so frustrated by inexperienced and unprepared local law enforcement mishandling murder investigations.

I don’t agree.

When the officers found the bike, this was a 1-2 hour old case of a missing person, reported by the neighbor who made the call to have gone on a bike ride from her home (i.e., without SM using her vehicle to drive to a bike trail).

It seemed to me from the bodycam videos that officers were being careful to gather information and pay attention to clues without disclosing much to any potential witnesses. For example, when they approached the house and found MM2’s boyfriend coming out of the garage, they asked questions to determine the likelihood that SM would bike where her bike was found without revealing that they had already found the bike and where. It was the boy’s father who came over and interrupted to say the bike had been found and to disclose where, so there were obviously many phone calls being traded among BM and others who knew or had learned SM was missing.

Then later, at the scene where the bike had been found, the officer asked the critical question about whether BM and SM had conflict in their marriage and that same boy’s immediate physical response (he hesitated and glanced over at his father, before answering), told plenty before any words came out his mouth. That the boy’s father urged him to just answer honestly also indicated he too was aware there were issues. The boy revealed there was conflict but seemed to feel compelled not to stress it as intense or irregular. (This was AFTER the scene where the boy had learned the bike was found in an area that exceeded SM's biking skills, so perhaps the boy himself was beginning to have suspicions, but did not want to be the ONE pointing any fingers too strongly in any particular direction. Who knows?)

I’m not sure how it makes any sense that Geo Davis inserted himself at the scene in the sort of secretive way he appeared to... as BM’s confidante, not speaking out loud to police, but instead always privately to BM. What, did Geo Davis think the police had abducted SM? Very suspicious behavior. And then both GD and BM go over and inspect the bike and the officer has to tell them to step away and keep hands off. Also suspicious. What innocent people behave such ways when someone goes missing? The difference between MM2’s boyfriend and family’s response and openness and that of BM and GD was striking.

Very quickly, the sheriff called in reinforcements, shut out search participation by BM and his associates, locked down the house, and got the truck. And the sheriff kept a tight lid on an investigation where, even still, it is not clear which parties are innocent, and which are either guilty or participating to protect the guilty party.

And I totally disagree about Grusing. BM disappeared his wife and he did it in an area that offers plenty of possible locations and means and that he knew very well. He had her alone for a long period to do it. He had the skills. He had even boasted about that, as had his friends who knew him well. And he knew they’d likely never find the body, so this case was going to be circumstantial.

LE was fortunate to interview BM early and get his accounts of events and his movements on record. And as alternate sources of facts were gathered and results of processing came in that revealed BM’s words to be lies, LE was masterful in drawing more and more apparent lies out of BM, until he had to fabricate increasingly ridiculous lies to explain those facts.

I wish LE had more. I wish they’d have been able to find at least some of what BM disposed of in his multiple trash runs. Maybe there would have been evidence which linked a dead SM to BM. How quickly would LE have needed to know which trash cans where and how does that compare with how quickly they could gain and process the surveillance from Broomfield? I don’t know, but I imagine timing is of the essence. There were crime scenes stretching from Maysville to Broomfield and it isn’t until some of what is gathered early begins to be evaluated and analyzed, that LE knows what more to seek and analyze.

I wish LE had more quickly gathered the surveillance they asked for from businesses and individuals in Salida. I wish the Poncha Springs Market hadn’t allows their surveillance to be overwritten, despite LE’s broad request to the community that surveillance be retained. Who is responsible for that? In a small community, LE resources are stretched thin and choices must be made about how they will be dedicated and cooperation from citizens is often critical.

I’m not going to address Cahill, except to say that as difficult as it is to investigate a no-body homicide where the search territory is so vast and so many peripheral individuals are not cooperating or seem to be actively protecting the prime suspect, and as precious as evidence so gathered is and must be protected throughout the investigation and into the trial, the integrity of those involved is one of their most important characteristics. Failure in that respect makes the work infinitely more difficult for the rest of those working the case.

ETA: What I wish most of all is that SM's remains could be found and properly put to rest so that her loved ones could grieve her passing. And those who continue to invest belief in the lies that her killer has spun would no longer have SM's absence as an excuse.

 

[Warwick7]

What is so obvious here is that after the defense failed to bamboozle Judge Murphy at the 11/9 and 12/14 Discovery motions where Cahill was left untouched, the defense renewed the allegations previously shut down by Judge Murphy but successfully sold to Lama.

Then under the same false assumptions, the Court essentially axed the only two DNA prosecution experts (Duge and Rogers)!

MOO

I remember thinking "wait a minute didn't Murphy reject a 'situation' from the defense?"

I did have memory of what it was or what was said. But this is it what you just outlined @Seattle1 . Now, I don't feel like I'm going crazy...

 

[MountainDad]

I don’t agree.

When the officers found the bike, this was a 1-2 hour old case of a missing person, reported by the neighbor who made the call to have gone on a bike ride from her home (i.e., without SM using her vehicle to drive to a bike trail).

It seemed to me from the bodycam videos that officers were being careful to gather information and pay attention to clues without disclosing much to any potential witnesses. For example, when they approached the house and found MM2’s boyfriend coming out of the garage, they asked questions to determine the likelihood that SM would bike where her bike was found without revealing that they had already found the bike and where. It was the boy’s father who came over and interrupted to say the bike had been found and to disclose where, so there were obviously many phone calls being traded among BM and others who knew or had learned SM was missing.

Then later, at the scene where the bike had been found, the officer asked the critical question about whether BM and SM had conflict in their marriage and that same boy’s immediate physical response (he hesitated and glanced over at his father, before answering), told plenty before any words came out his mouth. That the boy’s father urged him to just answer honestly also indicated he too was aware there were issues. The boy revealed there was conflict but seemed to feel compelled not to stress it as intense or irregular. (This was AFTER the scene where the boy had learned the bike was found in an area that exceeded SM's biking skills, so perhaps the boy himself was beginning to have suspicions, but did not want to be the ONE pointing any fingers too strongly in any particular direction. Who knows?)

I’m not sure how it makes any sense that Geo Davis inserted himself at the scene in the sort of secretive way he appeared to... as BM’s confidante, not speaking out loud to police, but instead always privately to BM. What, did Geo Davis think the police had abducted SM? Very suspicious behavior. And then both GD and BM go over and inspect the bike and the officer has to tell them to step away and keep hands off. Also suspicious. What innocent people behave such ways when someone goes missing? The difference between MM2’s boyfriend and family’s response and openness and that of BM and GD was striking.

Very quickly, the sheriff called in reinforcements, shut out search participation by BM and his associates, locked down the house, and got the truck. And the sheriff kept a tight lid on an investigation where, even still, it is not clear which parties are innocent, and which are either guilty or participating to protect the guilty party.

And I totally disagree about Grusing. BM disappeared his wife and he did it in an area that offers plenty of possible locations and means and that he knew very well. He had her alone for a long period to do it. He had the skills. He had even boasted about that, as had his friends who knew him well. And he knew they’d likely never find the body, so this case was going to be circumstantial.

LE was fortunate to interview BM early and get his accounts of events and his movements on record. And as alternate sources of facts were gathered and results of processing came in that revealed BM’s words to be lies, LE was masterful in drawing more and more apparent lies out of BM, until he had to fabricate increasingly ridiculous lies to explain those facts.

I wish LE had more. I wish they’d have been able to find at least some of what BM disposed of in his multiple trash runs. Maybe there would have been evidence which linked a dead SM to BM. How quickly would LE have needed to know which trash cans where and how does that compare with how quickly they could gain and process the surveillance from Broomfield? I don’t know, but I imagine timing is of the essence. There were crime scenes stretching from Maysville to Broomfield and it isn’t until some of what is gathered early begins to be evaluated and analyzed, that LE knows what more to seek and analyze.

I wish LE had more quickly gathered the surveillance they asked for from businesses and individuals in Salida. I wish the Poncha Springs Market hadn’t allows their surveillance to be overwritten, despite LE’s broad request to the community that surveillance be retained. Who is responsible for that? In a small community, LE resources are stretched thin and choices must be made about how they will be dedicated and cooperation from citizens is often critical.

I’m not going to address Cahill, except to say that as difficult as it is to investigate a no-body homicide where the search territory is so vast and so many peripheral individuals are not cooperating or seem to be actively protecting the prime suspect, and as precious as evidence so gathered is and must be protected throughout the investigation and into the trial, the integrity of those involved is one of their most important characteristics. Failure in that respect makes the work infinitely more difficult for the rest of those working the case.

ETA: What I wish most of all is that SM's remains could be found and properly put to rest so that her loved ones could grieve her passing. And those who continue to invest belief in the lies that her killer has spun would no longer have SM's absence as an excuse.

All good points. Hindsight is always easy place blame, and I should use caution in assigning incompetence .

I want to hear the interviews with Barry. How much pressure? Was there a lot of follow up questioning and actual interrogation? I get the impression that they seemed friendly in nature. Was it all Barry talking with no follow up questions? When the lie was proven false, did they confront Barry?

 

[Love Never Fails]

The challenge for the prosecution is that voluntary dismissal is not entirely free of legal risks and consequences. Jeopardy may not attach until a jury is seated, but still, a defendant's Constitutional rights to a speedy trial and Due Process may prohibit the prosecution from re-filing the case, especially if the reason for the prosecution's action is to gain an advantage over the defendant.

Also, dismissal is not a decision the prosecutor can make alone. The DA must file a written motion explaining the reason for the request, and it is the judge's decision whether or not to grant the motion. Rest assured that if Stanley files to dismiss without prejudice, BM's defense will be demanding dismissal with prejudice, arguing that the prosecution can't avoid judicial rulings barring admission of evidence by dismissing and re-filing.

In addition, dismissal without prejudice will not toll the statute of limitations on the non-murder charges, which IMO are important to the prosecution's strategy.

All MOO. If there are attorneys out there with a better informed view of the voluntary dismissal strategy, I would welcome their comments.

I understand what you are saying but if the judge denied the prosecution a dismissal or sided with the defense in giving a dismissal with prejudice he is really showing his hand. Judges should be fair and impartial.

If the prosecution files with this judge it seems he would just side with defense yet again. My point is can’t the prosecution file with a higher court?

I am not a legal person so I’m sure my wording isn’t clear. I just see this judge as someone trying to destroy the case. I want to know why.

 

[Seattle1]

Poking holes in BM's alibi...with data from his cellphone.

I keep coming back to how/why the Court could ever think that eliminating the prosecution's phone/data expert witness would not obliterate the playing field -- let alone keep it level?

And former Agent Grusing (he's not the FBI phone expert) testimony at the murder trial has been restricted to that of lay opinion (i.e., a lay witness whose opinions or inferences do not require any specialized knowledge and could be reached by any ordinary person).

IMO, if the Court reverses only the sanction prohibiting the expert testimony of FBI's Hoyland, the prosecution can do this! MOO

From the PH:

Barry Morphew told authorities he left for work around 5 a.m. the Sunday his wife vanished. According to the sealed affidavit, which came up several times in court, data from Morphew’s truck indicates that, “from 2:47 p.m. May 9 until 5:37 a.m. May 10, he took steps to dispose of evidence of Suzanne’s disappearance and death.”

Former FBI Special Agent Jonathan Grusing testified Tuesday that data from his cellphone also poked holes in Barry Morphew’s alibi. The data shows that he drove home at 2:44 p.m. on May 9, ABC News reported.

A few minutes later, Morphew’s phone went into “airplane mode” and stayed that way for seven hours, Grusing said. A phone in airplane mode does not communicate with cell towers, which can pinpoint the phone’s location.

For clarity, think of trying to force an expert (i.e., specialized knowledge) to opine as an "ordinary person."

In other words, an invitation for defense objection after objection-- all at the expense of the jurors trying to follow along.


Rule 701:

A person may testify as a lay witness only if his or her opinions or inferences do not require any specialized knowledge and could be reached by any ordinary person.

To determine whether an opinion is one "which could be reached by any ordinary person", courts consider whether ordinary citizens can be expected to know or to have certain experiences.

In this case, although the officer had experience with photo arrays that an ordinary person would not, the officer's opinion could have been reached by an ordinary person. People v. Rincon, 140 P.3d 976 (Colo. App. 2005).

Rule 701 - Opinion Testimony by Lay Witnesses, Colo. R. Evid. 701 | Casetext Search + Citator.

Suzanne Morphew: Love affair, ‘trash runs’ revealed at hearing for husband of missing woman

 

[Love Never Fails]

Stanley would be making this motion to Judge L, who doubtless believes he has been evenhanded and whose discretion under the applicable standards is very broad. If he can't be persuaded to change his rulings, can we expect reasonably that he will be persuaded they have resulted from irrational biases or prejudices? Given the breadth of the trial judge's discretion on evidentiary matters, will an appellate court overturn a decision on his part to dismiss with prejudice because the DA is, in effect, unfairly looking to correct her own errors at BM's expense? Or worse, to go shopping for a different judge?

I hope the judge reconsiders his decisions to exclude key evidence. But my point remains, that a prosecution motion to dismiss the case without prejudice because the judge's rulings have crippled their their case would be anything but a clear path forward to successful prosecution.

He is extremely prejudicial to these defense attorneys.

 

[Skigh]

He is extremely prejudicial to these defense attorneys.

I totally agree. His role is to be totally impartial in order for there to be a fair trial.

 

[Seattle1]

I remember thinking "wait a minute didn't Murphy reject a 'situation' from the defense?"

I did have memory of what it was or what was said. But this is it what you just outlined @Seattle1 . Now, I don't feel like I'm going crazy...

After reading Judge Lama's 4/8/22 Order [D-17]-- in his own words, I've been thinking of starting a support group for those that suffered Lama Whiplash over the weekend. Nothing wrong with your memory @Warwick7.

 

[Lyanna]

The reason why Barry was not kept in jail was because of the dna in Suzanne's car. Now that has been seen to be a red herring ,surely they should refile and then lock Barry up until a new trial.

I wanted to ask bout this - couldn’t his bail or bond be revoked because of the irrelevance of the DNA?

 

[BeckyF]

Good point...I "think" he will move from Salida...too late to edit. He originally planned to move to Gunnison when he was released on bond and he has no rented or owned home in Salida or Maysville that we know of so a decent guess...but correct "I think" he will move from Salida area.

Or just type MOO, IMO, etc. in your original post.

 

[justtrish]

He's going to move from Salida area but he could have run long ago and didn't and I am not betting on him running. He's fought this accusation from day one...I see him in for the long haul.

I think he is cocky and believed he was above the law, that is why he didn't run. He thought he had LE on his side, in his pocket, his buddies.. that is why he was so hurt when they "betrayed" him. I think he was planning to run in the days/weeks before/after his arrest. I don't think he fought the accusations, I think he was arrogant and didn't think he would be charged. He then hired lawyers that are masters of mudding waters and making smoke where there is no fire. I think they have continued to feed his ego making him believe they have this.. I am not so sure if this is dismissed that he won't be more scared after seeing what they have on him and I do believe he could flea. Daughters are both graduated high school and 18+, property is all sold, he has nothing holding him to the area and he knows if prosecution is regrouping they have a better strategy moving forward. He might be more afraid that he won't be so lucky a second time.

 

[Momofthreeboys]

I think the weak preliminary was a huge warning that they were premature with the arrest and simply did not have that case together to start the trial clock ticking. They had to know, or I wanted to believe prosecution knew the weak spots and would take the following months to fix up their case. I have always believed defense knew the weaknesses and took advantage. Prosecution kept giving them bonuses by missing deadlines. It is a very sad situation but I just can’t lay this blame game on Judge Lama. And I agree the next 4 weeks will be either super quiet or there will be more wild things happening. I am in the current point in time off the 50/50 mark and don’t think they can win the case with a full jury agreement to convict as things stand.

 

[justtrish]

Another botched murder investigation by police and DA. Was the officer who touched the bike, the officers who asked Barry to give them evidence bag and walk through the house, Cahill saying and doing things to risk prosecution- were they disciplined ? How many times is ok? Why are police and DA allowed to mess up so bad with no oversight or consequence? Why is DA not producing docs in a timely manner? Grusing, should have studied and been more prepared for follow up questioning in those 30 interviews. I've yet to here where any major pressure was put on Barry. After his lies, what was the follow up question. "She was sleeping at 5 when I left for Broomfield". Um. We had a great marriage? I was at the job? What did you do Sat night? Why no cell phone data for Suzanne after 2 on Sat?What was the follow up questioning?

I propose a federal agency that only investigates and prosecutes murders? I'm so frustrated by inexperienced and unprepared local law enforcement mishandling murder investigations.

We haven't even heard a small fraction of what Barry was asked and by who. Even with a 100+ page AA, they didn't even scratch the surface of what he was asked during 40+ hours of interviews. We don't know that they didn't ask great follow up questions.

I understand the concerns with how the investigation was handled. I also think it's good to keep in mind this is small town Colorado. They haven't had a crime like stranger abduction in a long time. I believe it was said over 20 years (likely before any of those officers working that day were on the job). They responded to a missing biker and seeing a wrecked bike over an embankment on the side of the road doesn't immediately make them think something criminal has occurred. I can understand moving the bike (not saying ideal world they leave it there). We do have their body worn camera on and we can see exactly where it was, how it was positioned, what they observed in the immediate area, etc. That was not willful mishandling in my opinion. They were not responding to a murder scene, they were looking into a person who may or may not be missing because her family was all away and she was unreachable. That is all they knew. No signs of a crime at the scene or at the house upon initial look.

I am not sure what else the LE could have done with no physical evidence and no body. This was very high profile from nearly day 1. 1000s of tips coming in and I don't know 20-30 agencies assisting. The sheriffs updates included new entities every time he updated. That is a lot of moving parts and many many people looking into various tips, some bogus just trying to cash in on money, psychics thinking they "see" all kinds of scenarios, Barry talking nearly non stop and lying. They had a tough job and I don't really see any willful mishandling.

I do see a defense trying to muddy every single thing and make mountains out of ant hills and a prosecution that is either in over their heads, has too many cases to handle, support staff not doing their part (who is in charge of getting discovery prepared to send to the defense?). It is easy for us to say why don't they just do xyz, but maybe there is a reason. They can't go into court listing off excuses, but sometimes those excuses do explain things and during this crazy last 2 years with COVID, maybe there are legit reasons for delays. Some of what we have already heard does explain why some of it wasn't done. Can't produce a document that you won't even know exists. Sometimes there are miscommunications. Unfortunately in this case the defense lawyers are masters of sniffing out every single one and making it appear as an intentional withholding and desire for the prosecution to hide things from them. I don't see that at all in this case. What I do see is a defense that knows they can't refute Barry's lies and they are doing every thing they can to make those that he lied to seem untrustworthy.. when the only shady one is Barry. He did this and people aren't perfect so the defense is pouncing on every imperfection in those involved in this case... but what about their client? Nothing is worse than what he has done, what he has lied about.. so they need everyone else to be the bad guys so he looks somehow better?

 

[Seattle1]

Can anybody recall whether or not the prosecution has/had an expert witness for the Telematics for BM's truck?

The only discovery exhibits for BM's truck that I'm aware of were from the defense. (The party named on at least part of the defense exhibit appears to be a local computer, Apple products repairs & service).

Could the prosecution's Telematics expert witness have been Andrew McDermott who was eliminated by Court sanction-- per Court Order [D-17], pg. 19.

(I've not been able to identify McDermott from any prior media, hearing, or motions. Anything by McDermott leads back Judge Murphy's law partner friend-- the relationship tied to his recusal).

TIA.

 

[justtrish]

I don’t agree.

When the officers found the bike, this was a 1-2 hour old case of a missing person, reported by the neighbor who made the call to have gone on a bike ride from her home (i.e., without SM using her vehicle to drive to a bike trail).

It seemed to me from the bodycam videos that officers were being careful to gather information and pay attention to clues without disclosing much to any potential witnesses. For example, when they approached the house and found MM2’s boyfriend coming out of the garage, they asked questions to determine the likelihood that SM would bike where her bike was found without revealing that they had already found the bike and where. It was the boy’s father who came over and interrupted to say the bike had been found and to disclose where, so there were obviously many phone calls being traded among BM and others who knew or had learned SM was missing.

Then later, at the scene where the bike had been found, the officer asked the critical question about whether BM and SM had conflict in their marriage and that same boy’s immediate physical response (he hesitated and glanced over at his father, before answering), told plenty before any words came out his mouth. That the boy’s father urged him to just answer honestly also indicated he too was aware there were issues. The boy revealed there was conflict but seemed to feel compelled not to stress it as intense or irregular. (This was AFTER the scene where the boy had learned the bike was found in an area that exceeded SM's biking skills, so perhaps the boy himself was beginning to have suspicions, but did not want to be the ONE pointing any fingers too strongly in any particular direction. Who knows?)

I’m not sure how it makes any sense that Geo Davis inserted himself at the scene in the sort of secretive way he appeared to... as BM’s confidante, not speaking out loud to police, but instead always privately to BM. What, did Geo Davis think the police had abducted SM? Very suspicious behavior. And then both GD and BM go over and inspect the bike and the officer has to tell them to step away and keep hands off. Also suspicious. What innocent people behave such ways when someone goes missing? The difference between MM2’s boyfriend and family’s response and openness and that of BM and GD was striking.

Very quickly, the sheriff called in reinforcements, shut out search participation by BM and his associates, locked down the house, and got the truck. And the sheriff kept a tight lid on an investigation where, even still, it is not clear which parties are innocent, and which are either guilty or participating to protect the guilty party.

And I totally disagree about Grusing. BM disappeared his wife and he did it in an area that offers plenty of possible locations and means and that he knew very well. He had her alone for a long period to do it. He had the skills. He had even boasted about that, as had his friends who knew him well. And he knew they’d likely never find the body, so this case was going to be circumstantial.

LE was fortunate to interview BM early and get his accounts of events and his movements on record. And as alternate sources of facts were gathered and results of processing came in that revealed BM’s words to be lies, LE was masterful in drawing more and more apparent lies out of BM, until he had to fabricate increasingly ridiculous lies to explain those facts.

I wish LE had more. I wish they’d have been able to find at least some of what BM disposed of in his multiple trash runs. Maybe there would have been evidence which linked a dead SM to BM. How quickly would LE have needed to know which trash cans where and how does that compare with how quickly they could gain and process the surveillance from Broomfield? I don’t know, but I imagine timing is of the essence. There were crime scenes stretching from Maysville to Broomfield and it isn’t until some of what is gathered early begins to be evaluated and analyzed, that LE knows what more to seek and analyze.

I wish LE had more quickly gathered the surveillance they asked for from businesses and individuals in Salida. I wish the Poncha Springs Market hadn’t allows their surveillance to be overwritten, despite LE’s broad request to the community that surveillance be retained. Who is responsible for that? In a small community, LE resources are stretched thin and choices must be made about how they will be dedicated and cooperation from citizens is often critical.

I’m not going to address Cahill, except to say that as difficult as it is to investigate a no-body homicide where the search territory is so vast and so many peripheral individuals are not cooperating or seem to be actively protecting the prime suspect, and as precious as evidence so gathered is and must be protected throughout the investigation and into the trial, the integrity of those involved is one of their most important characteristics. Failure in that respect makes the work infinitely more difficult for the rest of those working the case.

ETA: What I wish most of all is that SM's remains could be found and properly put to rest so that her loved ones could grieve her passing. And those who continue to invest belief in the lies that her killer has spun would no longer have SM's absence as an excuse.

So many great points. We shared similar thoughts on this. Too many TV shows make it seem like you get the surveillance video evidence like hour one and then you can track down the trash truck the first day and tada you have the evidence you need, and getting DNA from that only takes a day and then you can arrest your person and have an air tight case. It just doesn't work like this.

The crime that was called in to the police was a lie orchestrated by Barry. That in itself took time to investigate and sort out, conclude that is was a lie.. that entire first evening of searching was a waste because she never rode her bike and didn't wander off after an accident. But all those resources spent searching while Barry put more hours between what he did and them realizing what he did. Time that allowed trash dumps to go undiscovered and evidence to be lost.

 

[Seattle1]

We haven't even heard a small fraction of what Barry was asked and by who. Even with a 100+ page AA, they didn't even scratch the surface of what he was asked during 40+ hours of interviews. We don't know that they didn't ask great follow up questions.

I understand the concerns with how the investigation was handled. I also think it's good to keep in mind this is small town Colorado. They haven't had a crime like stranger abduction in a long time. I believe it was said over 20 years (likely before any of those officers working that day were on the job). They responded to a missing biker and seeing a wrecked bike over an embankment on the side of the road doesn't immediately make them think something criminal has occurred. I can understand moving the bike (not saying ideal world they leave it there). We do have their body worn camera on and we can see exactly where it was, how it was positioned, what they observed in the immediate area, etc. That was not willful mishandling in my opinion. They were not responding to a murder scene, they were looking into a person who may or may not be missing because her family was all away and she was unreachable. That is all they knew. No signs of a crime at the scene or at the house upon initial look.

I am not sure what else the LE could have done with no physical evidence and no body. This was very high profile from nearly day 1. 1000s of tips coming in and I don't know 20-30 agencies assisting. The sheriffs updates included new entities every time he updated. That is a lot of moving parts and many many people looking into various tips, some bogus just trying to cash in on money, psychics thinking they "see" all kinds of scenarios, Barry talking nearly non stop and lying. They had a tough job and I don't really see any willful mishandling.

I do see a defense trying to muddy every single thing and make mountains out of ant hills and a prosecution that is either in over their heads, has too many cases to handle, support staff not doing their part (who is in charge of getting discovery prepared to send to the defense?). It is easy for us to say why don't they just do xyz, but maybe there is a reason. They can't go into court listing off excuses, but sometimes those excuses do explain things and during this crazy last 2 years with COVID, maybe there are legit reasons for delays. Some of what we have already heard does explain why some of it wasn't done. Can't produce a document that you won't even know exists. Sometimes there are miscommunications. Unfortunately in this case the defense lawyers are masters of sniffing out every single one and making it appear as an intentional withholding and desire for the prosecution to hide things from them. I don't see that at all in this case. What I do see is a defense that knows they can't refute Barry's lies and they are doing every thing they can to make those that he lied to seem untrustworthy.. when the only shady one is Barry. He did this and people aren't perfect so the defense is pouncing on every imperfection in those involved in this case... but what about their client? Nothing is worse than what he has done, what he has lied about.. so they need everyone else to be the bad guys so he looks somehow better?

Hear, hear!

 

[abams]

I wish LE had more. I wish they’d have been able to find at least some of what BM disposed of in his multiple trash runs. Maybe there would have been evidence which linked a dead SM to BM. How quickly would LE have needed to know which trash cans where and how does that compare with how quickly they could gain and process the surveillance from Broomfield? I don’t know, but I imagine timing is of the essence.

Great post rsbm. This part in particular I've wondered about since we've learned the CCSO suspected foul play by BM since day 2 or day 3 of the investigation as it came out in discovery via texts between LE. If so, why no direct attempts to secure the video footage at his stated locations at least?

He is extremely prejudicial to these defense attorneys.

I disagree, I think he's been impartial and all the decisions are fairly logical given the actions and omissions by the prosecution on record. If people are angry at the decisions, they should focus that anger on the DA and demand more of those officials elected to positions of public trust to carry out justice.

 

[Seattle1]

I think the weak preliminary was a huge warning that they were premature with the arrest and simply did not have that case together to start the trial clock ticking. They had to know, or I wanted to believe prosecution knew the weak spots and would take the following months to fix up their case. I have always believed defense knew the weaknesses and took advantage. Prosecution kept giving them bonuses by missing deadlines. It is a very sad situation but I just can’t lay this blame game on Judge Lama. And I agree the next 4 weeks will be either super quiet or there will be more wild things happening. I am in the current point in time off the 50/50 mark and don’t think they can win the case with a full jury agreement to convict as things stand.

A weak preliminary that resulted in the case being bound over for trial?

Isn't that an oxymoron?

BM's daughters had both completed their schools and BM was sitting on a big pile of cash.

Why stick around town?

To wait for SM to come home from her midlife crisis where they could pretend to be the perfect family again?

Sheriff Speeze testified that BM was a danger to the community-- the town he grew up in and took an oath to protect. He certainly saw things up close that we know nothing about.

BM is a danger to any community -- he's a wife killer.

IMO, relative to evidence, the only thing the prosecution would have gained by delaying BM's arrest would have been the physical and/or e-reports from CBI, labs, and LE agencies from other jurisdictions-- each representing the partial DNA match from the glovebox was indeed inconclusive. There was no other dude responsible for SM's murder but her husband.

I also believe Cahill had verbals about the DNA information, and what's most unfortunate is that when the various reports finally came together to seal shut the partial matches to sex offenders, the defense turned the concluding, delayed documents into some underhanded conspiracy where the prosecution is busy night and day manufacturing evidence. It's ridiculous. MOO

 

[abams]

Can anybody recall whether or not the prosecution has/had an expert witness for the Telematics for BM's truck?

The only discovery exhibits for BM's truck that I'm aware of were from the defense. (The party named on at least part of the defense exhibit appears to be a local computer, Apple products repairs & service).

Could the prosecution's Telematics expert witness have been Andrew McDermott who was eliminated by Court sanction-- per Court Order [D-17], pg. 19.

(I've not been able to identify McDermott from any prior media, hearing, or motions. Anything by McDermott leads back Judge Murphy's law partner friend-- the relationship tied to his recusal).

TIA.

I'm not sure what his role was, but in the April 1st filed Motion to Reconsider, prosecution left him out as he had not by that time filed an expert report. So they requested a reconsideration on striking Hoyland, etc. but not him.

 

[Momofthreeboys]

A weak preliminary that resulted in the case being bound over for trial?

Isn't that an oxymoron?

BM's daughters had both completed their schools and BM was sitting on a big pile of cash.

Why stick around town?

To wait for SM to come home from her midlife crisis where they could pretend to be the perfect family again?

Sheriff Speeze testified that BM was a danger to the community-- the town he grew up in and took an oath to protect. He certainly saw things up close that we know nothing about.

BM is a danger to any community -- he's a wife killer.

IMO, relative to evidence, the only thing the prosecution would have gained by delaying BM's arrest would have been the physical and/or e-reports from CBI, labs, and LE agencies from other jurisdictions-- each representing the partial DNA match from the glovebox was indeed inconclusive. There was no other dude responsible for SM's murder but her husband.

I also believe Cahill had verbals about the DNA information, and what's most unfortunate is that when the various reports finally came together to seal shut the partial matches to sex offenders, the defense turned the concluding, delayed documents into some underhanded conspiracy where the prosecution is busy night and day manufacturing evidence. It's ridiculous. MOO

Weak primarily because they did not meet proof positive presumption great. I agreed with Judge Murphy’s decision to continue moving forward.