Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #101

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  • #201
Seems like a very good theory.

I wish we knew more about BM’s movements on Thursday, May 7 and Friday, May 8.

IIRC, Wed, May 6 is the day SM drove MM2 to Gunnison for the planned camping trip with MM1 and MM1's friend. IIRC, it is also the day SM spent some time with JR at the Ritter home, during which she for some reason urged JR not to come over to Puma Path in the next few days. (We don’t know if she told JR why, but it seems reasonable to me to presume that she mentioned something about the marital conflict. She may or may not have mentioned her plans to end the marriage and BM’s resistance to even hearing such plans, depending on how well she knew and trusted JR.). And it is also the day SM sent BM the text stating she was “done. I don’t care what you’re doing and have been doing for years. let’s handle this civilly. (Paraphrasing.)

Then, it was Friday, May 8 that SM sent the unusual text to her sister, telling her for what sounds like the first time about the degree of conflict in her marriage and about BM’s abusive and threatening behavior. She had been disclosing the behavior to her close friend, SO prior to that, but the disclosure to her sister was new and left her sister uneasy - MB mentioned that she had urged SM to discuss her situation with church elders (“that’s what they are there for”) and that MB felt compelled to pray about SM’s situation after receiving the text.

IMO, I think it likely that SM sensed a change in BM after she’d sent him the “I’m done...” text beyond his usual refusal to accept and dismiss what she was telling him. And without KNOWING what exactly BM was doing on the intervening days (after the text May 6 through Thursday and into Friday), she sensed the danger enough that she did something new and reached out to MB. Perhaps, even though she felt an increase in risk, she didn’t want to impose upon her friend SO while SO was enjoying one of the most important events of her own life - the marriage of her daughter.

Let me just say this about intimate partner domestic violence: Unless we have personally experienced being subject to an intimate relationship with a very dangerous individual or have gone through that with someone very close to us, we almost all tend to downplay whether an intimate relationship that a friend or relative is involved in is potentially imminently fatally dangerous. And we take cues from the victim, who unfortunately has been downplaying the danger herself - not because there is no danger but because it feels insane to live with terror. So, the victim distances herself from her terror, placates the person terrifying her, and focuses on the parts of her life that feel better. And those around her tend to dismiss the seriousness of the danger “certainly it won’t come to that... at least not now, even she doesn't seem THAT worried” and urge steps to extricate that unfortunately are not proportionate to the danger.

So, while I believe SM - in reaching out to MB - was conveying that she was terrified at a level beyond any she’d shared before with MB, I completely understand MB missing what a huge red flag that text was. MB was responding as though she was at “point A” in SM sharing how abusive BM was, when in fact SM had shared “points A through W” with someone else (SO) and when she’d reached “points X and Y,” she had to try to convey "points A through Y" in a way that would make sense to someone who had missed most of the story. IMO, MB realized this the moment she heard SM was missing, when she immediately suspected BM was responsible for her disappearance. I feel so sorry for her and cannot imagine the horror of that moment when she came to full realization of just how far BM had gone and what it had cost her.

So, what was happening on late Wed, May 6 through Friday, May 8? IMO, BM may have been gradually becoming comfortable with the idea of causing SM's disappearance for as long as he suspected she was involved with someone else and had become "unloving toward him" (as he described it). Women who express their discomfort or displeasure with a marriage whose concerns are repeatedly ignored or dismissed by their spouse eventually move on, sometimes even while staying physically in place and making private plans and that is what SM did. I've seen it multiple times. The May 6 text was clear and BM knew it, so he decided to act to avoid the losses he'd incur (in status, image, and financially) when SM made her move to leave him and take her share. IMO, it is very likely he worked out details in his head for awhile, scouted out spots in advance, and may have even prepared the spot where SM's remains were placed.

For this reason, I think the hours and days immediately after that text on May 6 are important in terms of understanding what BM was up to and if his whereabouts during those many hours could be determined, they might lead to SM's remains. Unfortunately, we don't know if the plans preceded even then and he'd made his decision before the May 6 text and was just playing the part of the husband who dismisses and begs to continue on. However, if he did do anything to "prep a spot," I think that would likely have been done close to her disappearance as he wouldn't want others to discover that preparation. (Bringing to my mind the golfers who discovered the grave-sized hole - lined with a plastic tarp, holding bags of lime, and covered by a BBQ grate, so likely prepped to receive a body - on the grounds of a private golf/hunting club that Fotis Dulos' friend and fellow conspirator Kent Mawhinney had temporarily gained access to in the month before Jennifer Dulos disappeared.)

One thing is clear: the judge who had been presiding over this case before it was dismissed has a very limited understanding of what intimate partner domestic violence looks like and how victims in such circumstances behave while they remain in the circumstances. And even those more familiar too often miss the signs, taking cues from victim behavior that is designed to manage and live with the risk rather than reasonably assess the potential for escalation, and acting on the side of underplaying possibilities rather than on the side of securing the safety of those involved first and then sorting out the facts once that security is ensured. We all need to become better informed about recognizing power disparities, and the potential for and signs of abuse in its many forms in such circumstances. Power corrupts, even in marriages.
I agree 1,000%
Been there, done that

Unfortunately, the court sided with having anything about DV thrown out.
Even though it speaks volumes of the lifestyle, mannerisms and even though there are text messages, it still was ruled out.

A person gone missing with living in a domestic violence situation should NOT be swept under the rug.
JMO
 
  • #202
RBBM

Said control will now be vested in his two daughters. I really worry about them.

JMVHO.
I do also worry about them

However, they believe daddy B is innocent.
They are under his narcissist influence.

There is nothing we can do about it except pray that someday, hopefully, when Suzanne is found, that they see him as the monster he truly is.
 
  • #203
They marked Lauren as their equal.
Meaning they felt their equal was in the media not in the courtroom.
They will NEVER be Lauren's Equal
LS is way above them in every aspect
 
  • #204
This is good. I think it's easy to forget these small details that do show a picture. He said he got those gouges from a tree on the job. I'm curious WHEN.. which site that he was working on in the 2 days before she disappeared did he get those? I don't think he can say.

Another thing that supports your idea that she could have had access to weapons in the bedroom is the bullet on the floor. Was she trying to load a gun. Is there a gun missing? I think he missed that bullet, but maybe he took the gun to dump it.
Actually, BM said he got those scratches from LOOKING for Suzanne during searches.
  • On May 13, photographs were taken of Barry Morphew at the Department of Public Health. He had injuries on both of his hands, and three scratch marks on one of his upper arms. Barry Morphew told investigators that he got the injuries from a tree while searching for his wife.
Morphew had injuries to hands, arm after his wife's disappearance | 9news.com
 
  • #205
I don’t think there is any reason to worry about them. In my opinion they have plenty of people who can financially advise them.
It’s their emotional health that would be my concern. Financially? They are both certainly capable, in the event they needed to, of supporting themselves.
 
  • #206
BBM above. In the last thread you were asking opinions on where people believed the washed-out road was located. Sorry, I didn't get to it in time before the thread closed but I believe the washed-out road that BM is talking about is CR226. There is a video by TD the day before he met Barry for the infamous interview (so roughly 3 weeks after Mother's Day) where he is walking on CR 225 by CR226 entry and there is a big sign across CR 226 prohibiting entrance. The sign reads "ROAD CLOSED DUE TO FLOOD DAMAGE." Sorry, I can't link it here due to TOS.

Also, on page 74/129 of the AA, when talking about the supposed elk going in the gulley where "that old washed-out road is", he says he came across the elk on the road before he got up to HWY 50. Leaving from the Puma Path house, CR226 would be before he would get to HWY 50. So I think he is referencing CR 226 as the washed-out road. It might be interesting to investigate when the flooding occurred that closed that road. I'm assuming it was before Suzanne went missing.
All IMO.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21cr78 Morphew Redacted Affidavit.pdf
View attachment 341004
We have not got it confirmed yet which washed out road BM was referring to. However, I read it to mean that BM is saying he spotted the elk as he drove up 225 and he was approaching the intersection with 50. The elk crossed 50 from the south side to the north side off to his left. BM says he let them cross then turned left on 50 so he could watch them a little longer and get a good look at the bull elk. The herd turned up the washed out road about 500 ft from the intersection. Of course we all know there were no elk. BM made up the story to explain why he turned left, (west), on 50 towards Monarch as opposed turning right, (east), which was the route he would take to go to Broomfield.
I see how you are reading the aa and that also might fit, but why wouldn’t he turn right, east, when he got to 50 from 226 then? Instead, he turned left on 50 and traveled another couple of miles west long after he lost sight of the herd before he turned around at Garfield?
He had already dumped the bike and I think he was driving along 50 west in the opposite direction from the route to Broomfield looking for a place to plant the helmet and possibly SM’s cell phone.
Hopefully we’ll get the answer some day.
 

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  • #207
Prosecutor LS. Judge L's Comment re Soc. Media?
Stanley appeared twice: On April 30 (BM was arrested May 5 and AA was signed May 4) and August 30 (after the preliminary hearing).
IIRC, the first appearance was about Stanley's background and training and how they have impacted her work as a prosecutor and how she interacts with LE. Her second appearance was much about her former crush on the actor who starred in Starsky & Hutch. That is, both appearances were about her personally and her approach to her work in relation to LE. She is a former police officer.
I do not remember her discussing any details of the case; however, I will re-watch both appearances later this evening/early tomorrow to determine whether my recollection is correct.
I did note that in a comment made to the YouTube video from the April 30 appearance, Stanley wrote the following:

“I wanted to personally say "thank you" to all of you that watched the livestream today and commented. Your comments are extremely important to me and I read every single one of them. You all brought tears to my eyes at times; that's a rare event, for sure. Please understand I am forbidden by the Rules of Professional Conduct to discuss any active and open investigations. To me, they are active and open until there is a conviction (so I can't speak about a case until after the jury has a verdict). Just know that I hear you, I get it, and I'm on it. The law enforcement officials you have in this district are topnotch - they haven't missed anything. We're doing all we can do every single minute of every single day. The biggest mistake anyone can make will be to underestimate me."​
@Diddian Thanks for your response. Re prosecutor LS's two appearances, I saw only one, but do not recall anything specific she said that stepped over the line. At least not very far but a booboo or two could have slipped right past me. my2ct.
 
  • #208
Prosecutor LS. Judge L's Comment re Soc. Media?
@Diddian Thanks for your response. Re prosecutor LS's two appearances, I saw only one, but do not recall anything specific she said that stepped over the line. At least not very far but a booboo or two could have slipped right past me. my2ct.
I think the real issue here is that there's no dispute that the defense exaggerated their motion with demands for LS to be held in contempt. And sadly, Judge Lama accepted the defense motion as if it was the gospel truth. :eek:
 
  • #209
Prosecutor LS. Judge L's Comment re Soc. Media?
@Diddian Thanks for your response. Re prosecutor LS's two appearances, I saw only one, but do not recall anything specific she said that stepped over the line. At least not very far but a booboo or two could have slipped right past me. my2ct.
This is the Chris McDonough interview room?
 
  • #210
Bet he is trying to get people to 'side with him'.
RSBM
Bet he is planning how and when to leave the country!
 
  • #211
BBM above. In the last thread you were asking opinions on where people believed the washed-out road was located. Sorry, I didn't get to it in time before the thread closed but I believe the washed-out road that BM is talking about is CR226. There is a video by TD the day before he met Barry for the infamous interview (so roughly 3 weeks after Mother's Day) where he is walking on CR 225 by CR226 entry and there is a big sign across CR 226 prohibiting entrance. The sign reads "ROAD CLOSED DUE TO FLOOD DAMAGE." Sorry, I can't link it here due to TOS.

Also, on page 74/129 of the AA, when talking about the supposed elk going in the gulley where "that old washed-out road is", he says he came across the elk on the road before he got up to HWY 50. Leaving from the Puma Path house, CR226 would be before he would get to HWY 50. So I think he is referencing CR 226 as the washed-out road. It might be interesting to investigate when the flooding occurred that closed that road. I'm assuming it was before Suzanne went missing.
All IMO.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21cr78 Morphew Redacted Affidavit.pdf
View attachment 341004


There is also a (large) tree trunk blocking any entrance to CR226 from CR225. TD mentions it in that video you referred, and it was still there when I was at PP in December. Would be interesting to know how long it's been there, because it appeared to be intentionally blocked off, in my opinion.
 
  • #212
RSBM
Bet he is planning how and when to leave the country!
Yeah. I don't think he's sticking around. Wasn't the $500,000 a cash bond? Barry's main interest is Barry.

Sure, he has two pending charges. But he also has his passport.

Who's to say he hasn't already fled? We need a local mole!

JMHO
 
  • #213
  • #214
My recollection of the two PE episodes is identical to yours. My only thought was that the safe and probably prudent thing for her to have done was to just not appear on social media etc at all. That it left her open to criticism esp in a our current world where perception trumps reality. What was it that judge L wrote - something to the effect that just the fact she appeared on a podcast with the name “Profiling Evil” was prejudicial to the defendant.
I appreciate what you are saying, but in the changing - and flattening - media landscape, I don’t buy it.

It’s nothing new that a DA appears on media. Some are so political, you rarely see them AWAY from a microphone.

Social media has been around for awhile and LS appeared on an established podcast hosted by a former LE guy with a solid reputation for professionalism and a keen awareness that the integrity of an existing case must be protected and that some questions can’t be answered, so shouldn’t be asked.

The claim that the name of his enterprise, “Profiling Evil” is prejudicial doesn’t survive a 15-minute inquiry into the topics covered and the approach of that coverage on that site. Would an interview with “The Daily Beast” be prejudicial simply because of that site’s name?

I watched the Aug 30 podcast (Profiling Evil, podcast #50) last night and saw nothing troubling. LS answered multiple general (not Morphew-specific) questions like: what is direct vs circumstantial evidence, what is double-jeopardy, and what does proof evident presumption great (PEPG) mean.

LS answered those questions in a general way, describing how she might explain the difference between direct and circumstantial evidence to a jury and the types of ordinary life situations she’d use to illustrate. She pointed out that once a trial begins jeopardy attaches so the charge cannot be retried, but also explained that in some situations there may be both state and federal charges related to a crime and that the state trial would not prevent imposition of federal charges. And she indicated that PEPG becomes relevant when a defendant is held over and there is the question of whether he might be granted bail. She described the multiple ways a judge might decide when multiple charges have been filed (could find probable cause on some or all of the charges, could find no probable cause on any of the charges, could find presumption great and deny the defendant any opportunity to post bail.)

With respect to the Morphew case, LS indicated that it is not a violation of ethics to address information that is already public, including that heard or seen in the preliminary hearing. But she indicated she would not address anything outside that as the case is ongoing. She was asked a couple arrest- and preliminary-hearing-related questions: about her state of dress at the press conference the morning of the arrest, which some had criticized (she’d been informed the night before about impending arrest and had to get up at 1:30 am to be present, so she dressed for comfort for that long day with early beginning; normally she wears a suit. And even though not attired in a suit, when the PIO indicated there’d be an early press conference, she wanted to be there to answer questions as she knows there are sometimes questions that LE needs help addressing as they relate to prosecution), and about the reports by some present at the preliminary hearing that BM kept staring her down and that she stared back in return (she acknowledged this was true). ETA: She also indicated that she did not like the question one reporter present asked about how the public could be confident that she had enough evidence for trial and repeated what she said in response at that PC, that as DA, that is her job and she wouldn’t file if she didn’t think she had enough evidence to convict.

Beyond this, most questions were personal in nature, about her background and how she works with LE.

I’m only 15 minutes into the April 30 podcast (Profiling Evil, podcast #12), but I’ll soon address that here. So far, nothing troubling.

I would like to correct one thing I misremembered in an earlier post. It must have been the April 30 podcast where LS’s crush on the Starsky and Hutch actor was revealed, as some follow-up questions were discussed in the Aug 30 podcast. So, I was wrong in recalling that was first brought up in the later podcast.
 
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  • #215
A Whoopsie in Record Time???
@GatorFL Thx for your link. In rewatching, I noticed at ~ 4:40 time mark, Prosecutor LS said (my paraphrasing):

The arrest affidavit is sealed and I cannot and will not discuss it. Fourth, all media inquiries should be directed thru my office.... however we cannot and will not talk about an open or active investigation... per the Rules of Professional Conduct.
<--- May 5, 2021.

And Ms Stanley turned around, appearing on a pod cast talking about the case (Profiling Evil?) how soon?
And she did NOT talk about the facts or any details of the case while on those podcasts. You might want to watch for yourself instead of taking someone’s word.
 
  • #216
Prosecutor LS. Judge L's Comment re Soc. Media?
@Diddian Thanks for your response. Re prosecutor LS's two appearances, I saw only one, but do not recall anything specific she said that stepped over the line. At least not very far but a booboo or two could have slipped right past me. my2ct.
She didn’t.
 
  • #217
I think the real issue here is that there's no dispute that the defense exaggerated their motion with demands for LS to be held in contempt. And sadly, Judge Lama accepted the defense motion as if it was the gospel truth. :eek:

I wonder if this stuff will be relevant on any eventual refiling?

It seems that the prosecution can point to clear errors in the judges rulings pre-trial
 
  • #218
I have finished re-watching the April 30 appearance of Linda Stanley on PE (Podcast #12, 41:14 minutes).

Mike King and Stanley discussed her work background, memorable policing experiences and what they taught her, memorable court experiences (a judge told her she has a way of drawing people in and winning their trust; a defense attorney has an uphill climb after she has done that), current issues in policing (shoot v. no-shoot circumstances, lethal v. non-lethal responses to dangerous situations, staffing deficits), and cases in 11th JD that have gone quiet and LS's establishment of cold-case unit to bring fresh ideas and perspective to older cases.

Briefly discussed KSchelling/Donthe Lucas case (circumstantial, no-body homicide) and LS said in such a case, the defense will inevitably say missing person took off on their own, so prosecution has to prove the negative. Only one juror has to buy into defense's claim. Asked about approach when a star witness is murdered days before trial, LS responded that you can never fully prepare for a trial, so have to be good on your feet. In that case, have to make a decision if you have enough to go forward without that witness.

Briefly discussed Alan Lee Phillips (arrested for murder of two women 40 years ago). LS said she can only discuss what we did and how we (prosecution) got involved up to arrest, but cannot talk about anything about investigation or their involvement post-arrest. Switched to talking about what motivated her to take the case on. LS: Didn't need motivation; it's my job. Discussed how anxious she felt one night in her motel room (night before arrest). She was watching Family Feud to get her mind off matters and noted family on screen had "Oberholtzer" displayed above on the wall. That relieved her anxiety. She told team next day, "we're going to get him today. And we did."

Brief discussion about LS's faith and "no coincidences." Brief discussion about tattoo on her left wrist (In Latin: "If you want peace, seek for justice." And below: "In the glory of God.")

No details of Morphew case came up or were discussed with Stanley.

At end, MK said LS would be reappearing May 3 along with a legislator; however, I have been unable to find that podcast and I assume - since BM was arrested May 5 and AA was signed May 4, that that planned appearance never occurred. (ETA: Never mind, I found a May 4 podcast #13 that is the "Choir Practice" episode on which both LS and actor from Starsky & Hutch appears. I'll go through that here soon.)

No discussion of Starsky & Hutch in this podcast, so there is some other appearance I am remembering, but I am still searching for it.

I've tried to summarize and include all key information, without transcribing the podcast, which we are not allowed to do here. I hope I have not violated any TOS and welcome any feedback if others feel I have.

For those interested in viewing these podcasts I have summarized to check for themselves, here are the links (in this order: April 30 for 41 minutes then August 30 - LS appears from 32 minutes in to 1:33):

I usually suggest viewing at 1:25 playback speed to get through more quickly, but LS talks quickly and doesn't waste words, so I found I could not do that and keep up in these podcasts.
 
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  • #219
dbm
 
  • #220
I wonder if this stuff will be relevant on any eventual refiling?

It seems that the prosecution can point to clear errors in the judges rulings pre-trial

Specific to LS, I think Judge Lama may have already been forced to reconsider that exaggerated defense motion (and his ruling based on the motion) since he was curiously silent about LS in the background, and findings of fact, in his last or [D-17] Discovery and Contempt Sanctions Order dated April 8, 2022.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/ORDER RE_ DEFENDANT'S RENEWED MOTION FOR DISCOVERY AND CONTEMPT SANCTIONS AND FORTHWITH HEARING [D-17A] SUPPLEMENT [D-17B] SUPPLEMENT [D-17-C] SUPPLEMENT AND [D-17D] SUPPLEMENT.pdf

https://twitter.com/CoCourts/status/1512501175031001090
 
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