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

[Aloe]

I am thinking these texts were deleted after she was reported missing and before they seized his phone. THAT would be really damning. Why would he need/have time to deleted all that when he's out "looking for his wife". I'll have to go back and look, but I believe his phone wasn't taken until the 12th or 13th. That is a lot of time to delete.

I honestly don't know when they took his phone, thought they took the one they knew about on MD night at the same time they took the house and truck. MOO

 

[justtrish]

It sounds like he did it all at once, which is super suspicious. It would be amazing if they could pinpoint the timing.

The wording makes me think all at one time. It also seems more suspicious because saved locations were deleted too. I, on occasion, delete spam texts or texts I receive from businesses I've okay'd texts from. Example being Staples promotional texts. I might delete 5-6 at one time when I receive one and decide to delete them all. I don't think I've ever deleted call log history and the only reason I delete those texts would be freeing up space on my phone. I can't think of a time I've sat down and decided to delete hundreds of texts, calls, or other data from my phone. It sounds like they know it was all at once and if they know that you'd think they also know when that happened. If it was say after speaking to LE on Sunday night or Monday, then that's very damning.

 

[Seattle1]

I wondered when he deleted the texts we knew he deleted that were mentioned in the AA.. I was curious if he did it the day they were sent or later once she was "missing" and before they took his phone. He had 2-3 days with his phone and if he deleted these items during those 2 days that is WAY more incriminating than say right after sending a text he decides to delete it (which might make sense for his excuse that he didn't want the girls to see them).. makes no sense why he needed to delete things a week after he sends it and after his wife is missing unless he wants to hide those things.

^^rsbm

It sounds like he did it all at once, which is super suspicious. It would be amazing if they could pinpoint the timing.

Is there any wonder why the early victory celebration when FBI Kevin Hoyland was eliminated as the prosecution phone expert?!!

As I've said before -- reverse the sanction eliminating Hoyland and the jury will convict BM for 1st degree murder of SM.

 

[Gardenista]

The judge already ruled on the motions that were just published today, right?

 

[waldojabba]

It sounds like he did it all at once, which is super suspicious. It would be amazing if they could pinpoint the timing.

Agree sounds like he dumped them all at once. So glad the Prosecution is finally punching back at the Defense. All I hope is that the judge sees the light and that he does not allow Iris et al to continue to bamboozle him. If the judge does not allow the Prosecutions motions to prevail, I hope Grant has already prepared the paperwork for the appeal. imo

 

[LandManatee]

Hmm this took some time to do, before during after trash dumps, showering and at the work location with "workers present".
Damning...Word!

It sounds like he did it all at once, which is super suspicious. It would be amazing if they could pinpoint the timing.

IMO MOO
Wouldn’t it be something if that is what he was doing during the hours he spent at the HIE and the MW parking lot? The timing of this data dump is going to be very important indeed!

 

[MassGuy]

IMO MOO
Wouldn’t it be something if that is what he was doing during the hours he spent at the HIE and the MW parking lot? The timing of this data dump is going to be very important indeed!

That was a bizarre dark period, and I love that explanation.

 

[MassGuy]

The judge already ruled on the motions that were just published today, right?

He had already ruled on the motion for sanctions, but this is the prosecution attempting to appeal some of those sanctions.

He hasn't decided yet if he's going to reconsider.

 

[Aloe]

Excellent post @justtrish, I wholeheartedly agree with everything you said.
Jumping off your post-
LE were a little behind the eight ball to start because as you stated the crime that was called in was a lie by Barry because the actual/real crime occurred roughly 15 hours prior. Once they caught up within the first few days, Spezze made a great decision calling up extra help from CBI, FBI, and all LE involved conducted a thorough investigation over a year.

I also agree that the DT are masters of muddying the waters and of the other things you mentioned. Many of us predicted they would go after/try to discredit LE, the investigation, and trash the victim, Suzanne. Why? Because they literally have nothing else. Why, if their client had a ‘real’ air-tight alibi, have they not been hammering away on the alibi? Because they know that that Broomfield alibi is also a lie ergo, they don’t want anyone focusing on it for obvious reasons- because that Broomfield alibi is a joke, was just part of his cover-up, easily disproved and will backfire spectacularly on them if they place any focus on it. These women, E & N, are not stupid. They know/have seen the mountain of evidence the state has against their client, know that he has no alibi for when the real crime occurred and that he’s guilty AF. That is why they were fighting tooth and nail to get the case dismissed with prejudice because they do not want their client tried in front of a jury.
They are taking advantage of the prosecution’s ‘blunders’ which I agree could be related to delays due to COVID, waiting for info from agencies, lab results, short staffed etc. Sure, I wish the prosecution had been more organized and not missed deadlines. It’s not a good look for them, but it does not negate the overwhelming evidence the state has against BM.

The most confusing part for me right now is the Judge saying he felt that the prosecution missteps were not “willful”, yet he struck the majority of prosecution expert witnesses from being able to testify as such. It just seems so drastic and overly punitive to me and unfair, like he’s giving in to the defense and putting the prosecution at a disadvantage effectively crippling their case. As others have mentioned, it just does not seem like a level playing field. At any rate, I’m really hoping the Judge does grant the prosecution’s request and reconsiders the experts’ testimony and reinstates (I’m sure that’s not the correct legal term), but you get the gist. If not, I hope the prosecution moves fast with the next step and appeals to the higher court and/or requests dismissal so they can regroup, get more organized, and refile charges.

With trial due to start in just over two weeks, I have a feeling there’s going to be some legal ‘wranglings’ and decisions made at the 11th hour. We’ll see what happens, but I’m not as confident as some are with the trial proceeding as everything stands now- without the prosecution experts’ being able to testify as such. IMO, risky and higher potential for an acquittal to occur.
It’s a given that E & N are going to try and rip to shreds/discredit every witness the prosecution calls at trial. They just have to sway one juror, and the prosecution only gets one bite of the apple, and most importantly, Suzanne deserves justice.

IMHOO


#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

I can't help but wonder if the jury comes back with a "specious and wrongful conviction", what then will the defense do? Will they go after the jury? MOO and EBM

 

[justtrish]

That was a bizarre dark period, and I love that explanation.

I always thought part of the HIE time was spent sleeping. I don't think he slept a wink the night before because he was too busy destroying evidence and cleaning up his mess.

 

[MassGuy]

I always thought part of the HIE time was spent sleeping. I don't think he slept a wink the night before because he was too busy destroying evidence and cleaning up his mess.

Oh there's just no way he slept prior. It appears he arrived home from dumping Suzanne's body during the 3 o'clock hour, and headed to Broomfield shortly after.

No time to sleep at all, and I imagine he crashed in his room during that 5 hour period.

 

[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.

Ken Hicks is the Prosecution Expert for Telematics.

4/1/22 Peoples Motion, pg. 2/18

Barry Morphew prosecution team wants witnesses reinstated | 9news.com

ETA: Apri 1 Peoples Motion is no longer on Scribed site via 9News. You can still read on the news site linked above. If anybody was able to grab the pdf before removed, please inbox me. xx

 

[MassGuy]

Page 4 of the defense response:

This is hilarious, talk about being dramatic. Instead of saying "4 terabytes" like a normal person, the defense decides to go with the "4,000 gigabytes," because it sounds larger.

How transparent.

"Again, this Hicks report identified on April 1, 2022 was buried in the midst of approximately 4,000 gigabytes of discovery produced in this case, meaning the defense has been left to hunt and peck for the relevant portions, limitations, extent..."

Barry Morphew prosecution team wants witnesses reinstated | 9news.com

 

[fcavanaugh]

I can't help but wonder if the jury comes back with a "specious and wrongful conviction", what then will the defense do? Will they go after the jury? MOO and EBM

No, I don’t think they can go after the jury. What they can and imo most certainly will do, is immediately file an appeal if BM is convicted.
In fact I believe I read that they already have an appellate attorney on Team BM, which imo, speaks volumes.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[Aloe]

No, I don’t think they can go after the jury. What they can and imo most certainly will do, is immediately file an appeal if BM is convicted. In fact, I believe I read that they already have an appellate attorney on Team BM, which imo speaks volumes.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

Thanks, just thinking about the Laci and Conner Peterson case.

 

[Cindizzi]

https://twitter.com/marcsallinger/status/1513708392941977609?s=21&t=M2yT6k1Z9iVb7cK7U1wNSQ

NEW: Prosecutors in Barry Morphew murder case say judge's order to exclude key expert witnesses is "tantamount to dismissal"

Less than 3 weeks before trial, prosecutors file motion saying their case is “damaged” in a “profound way” without witnesses and ask judge to reconsider

https://twitter.com/marcsallinger/status/1513708394200416260?s=21&t=M2yT6k1Z9iVb7cK7U1wNSQ

Judge ruled repeated violations of court orders and missed deadlines by prosecutors meant several key witnesses will not be allowed to testify

Includes experts on telematics, phone tracking, DNA, data analysis

Prosecutors say they are missing “critical” testimony without them

https://twitter.com/marcsallinger/status/1513708395253186563?s=21&t=M2yT6k1Z9iVb7cK7U1wNSQ

Now the future of Morphew trial set to start Apr 28 is in question, considering prosecutors have told judge their case is greatly hindered without testimony of the expert witnesses

Here's my story with @MelsGraybill w/ documents from Fremont County Clerk

Barry Morphew prosecution team wants witnesses reinstated | 9news.com

 

[nrbc4]

Oh there's just no way he slept prior. It appears he arrived home from dumping Suzanne's body during the 3 o'clock hour, and headed to Broomfield shortly after.

No time to sleep at all, and I imagine he crashed in his room during that 5 hour period.

Probably slept like a baby. No regrets at all.

 

[Cindizzi]

I honestly don't know when they took his phone, thought they took the one they knew about on MD night at the same time they took the house and truck. MOO

From Page 32 of the AA it says that Hoyland had sent search warrants to Verizon for what looks like all members of the Morphew family’s phones. He requested records from a month prior to May 10.
Bit confusing about the date, but it says that the affiant ( Alex Walker I’m assuming) was told this by Hoyland on May 12.
https://www.courts.state.co.us/user.../21CR78/21cr78 Morphew Redacted Affidavit.pdf

 

[fcavanaugh]

Thanks, just thinking about the Laci and Conner Peterson case.

Yes such a sad case. Probably the better way to state it is that the defense can file an appeal to try and get a conviction overturned for alleged juror, prosecutorial and/or police misconduct, etc.
It can be a long drawn out process, expensive and not easy to win an appeal for wrongful conviction. There’s definitely alot to it and to be considered such as having to provide proof/evidence of the alleged misconduct.
IANAL, but the link below is interesting and explains the process pretty well.

Archives

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[DeDee]

Barry Morphew prosecution team wants witnesses reinstated | 9news.com


FREMONT COUNTY, Colo. — Documents obtained by 9NEWS from the Fremont County court clerk through a records request reveal the prosecution team in the Barry Morphew trial has asked the judge to reinstate key expert witnesses on the case, saying "these experts and their testimony are critical to the People's case."

The prosecution's motion for "reconsideration of the court's March 10, 2022 order to strike various prosecution experts due to their pattern of violations of court orders and Rule 16," is included in the court documents.

<snip>

Motion to reconsider
The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland and Stevens.

The motion reads, "These experts and their testimony are critical to the People's case."

In the motion, prosecutors say their case "relies heavily on evidence of Morphew's motive to harm his wife, the opportunity he alone had as he was the last person to see Suzanne alive, the inconsistencies in his statements to law enforcement and the ultimate coverup he perpetrated the day after and in the following months."

The team cites in the motion the importance of expert testimony on data downloaded from the suspect's truck that "disputes the defendant's initial alibi that he 'went to bed early'" on the night before Suzanne was reported missing.

The motion states there is also information downloaded from several phones included in the case – but specifically, data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations.

Cell phone data tracking information used from Suzanne's phone and information extracted from the defendant's truck, Bobcat and phone help the prosecution determine a timeline of the events between May 8, 2020 and May 10, 2020, reads the motion.

Experts from the prosecution's list also include testimony on data from the defendant's F-350 truck, other data from physical items and information obtained by search warrant.

The prosecution's motion says the exclusion of these witnesses damages their case "in a profound way." It continues, "By excluding the most damaging impeachment information against the defendant (cell phone data, truck telematics and GPS/CDR locations) the court has imposed sanctions tantamount to dismissal, with the defendant suffering a complete windfall."

Every time it seems safe to return to Suzanne's threads, it seems that I'm slapped with more bad news.

"data extracted from the defendant's phone that shows data was "deleted in bulk before the phone was seized," that included 381 text messages, 25 calls and 58 saved locations."

I could delete a string of texts from one person, or maybe two people, to equate to 381 texts. So the question would be who was he texting that needed to be erased from the prying eyes of LE. Did Barry have an accomplice after all?

25 phone calls - when and who was calling him and who did he call that required deletions? These were likely done one by one bc I can't pull up one ph # and ask for all calls from that #. Is it possible?

58 saved locations - would this include places such as where he met his playmates? Would the Antler Hotel be one? Doesn't one save a location bc you want to have quick access available to the physical location? Would the dumpster count? What about that special bluff overlooking the mountains? Did BM delete where he placed Suzanne?

Typically, we don't delete innocuous data from our phones. I may delete some photos by keeping the best of the series. I've never deleted spam texts as they're automatically stored in their own folder, with maybe 30 total.

There is so much more to this premeditated murder of Suzanne than we are aware of at this time. After the Agents presented the evidence in an audit to Barry, there's a very good reason he asked for immunity.

Let it Rain! Let him feel the Pain!
.