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

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  • #221
  • #222
Thanks.
I thought the YT I saw with LS was CD Interview Room.
If you have a link, I'd like to view that.

ETA: Based on what I have seen so far on two of the PE appearances (currently reviewing the 3rd from May 3), it would have been "out of character" and contrary to her previous like appearances for LS to have discussed an active case in an unethical manner (i.e. anything the public has not already heard in the courtroom).
 
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  • #223
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.
BBM from above:
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?
I don't think he drove his truck on CR226 or that he implied that. What I meant is that I think he said that he saw the herd go onto CR226 (the washed out road/flood damaged road) while he was on CR 225 (headed toward US50), and that he saw them go up a gulley toward US50. I think that is the reason he would say he turned left onto US50. He also said he saw them cross US50, presumably when he got up to US50 from CR225. And I agree, it was a total fabrication. He thought that LE had proof he turned left, so he had to make something up on the spot. All IMO.
 
  • #224
BBM from above:
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?
I don't think he drove his truck on CR226 or that he implied that. What I meant is that I think he said that he saw the herd go onto CR226 (the washed out road/flood damaged road) while he was on CR 225 (headed toward US50), and that he saw them go up a gulley toward US50. I think that is the reason he would say he turned left onto US50. He also said he saw them cross US50, presumably when he got up to US50 from CR225. And I agree, it was a total fabrication. He thought that LE had proof he turned left, so he had to make something up on the spot. All IMO.

This is how i read it as well
 
  • #225
Prosecutor LS's podcast appearances??

Judge's order/stmt being critical of her appearances (maybe violating "Colorado Court Rules" or "Colorado Rules of Professional Conduct.)"

A link to the order itself?
Or to MSM reports re same?
Anyone? Thx in adv.
 
  • #226
I have just one final post on review of the PE Youtube podcasts on which Linda Stanley appeared. On May 3, she appeared as co-host with Mike King. There were two consecutive guests. First was Arizona Majority Whip, Leo Biasiucci (AZ-5). Second was Paul Michael Glaser (actor who played Starsky in Starsky & Hutch).

First segment approx. 24:23 minutes involved discussion about Biasiucci's legislation relating to child trafficking and sexual offenders against children. LS mentioned that cases involving mandatory lifetime sentencing will tend to go to trial rather than plea because the defendant has nothing to lose when facing lifetime mandatory sentence. Also, that the legislation is certain to face a court challenge because defense attorneys will consider the mandatory lifetime sentence "cruel and unusual." Brief discussion about recidivism with these offenders and that the longer they stay in, the safer kids will be. Biasiucci invited Stanley to urge legislators in her state to consider such legislation.

Second segment, approx. 10 minutes involved discussion about LS's first months in office. Now fully staffed. Introducing greater transparency. Someone now manning phones daily from 7:30 to 5:30 to answer citizens' calls. And in first six weeks in office, arrested a guy on a 39-year-old cold case.

MK briefly introduced that case (arrest of Phillips) - two women who worked in town near ski resort were both murdered and there were weird "signature" elements (orange sock placed on both victims). MK asked, "What can you tell me" and "Can you share anything". LS answered, "No, and "No."

MK mentioned Schelling/Lucas case and LS briefly discussed issues in no-body, purely circumstantial cases. Defense will say missing person voluntarily left and prosecution has to prove a negative, which is difficult. Defense only has to create reasonable doubt in one juror. Must challenge with evidence that this person would not have done that.

MK brought up "elephant in the room" question about Morphew case, with SM's recent birthdate and the approaching anniversary of her disappearance. Asked, "can you give us any insight into the amount of work going on? And if you want to tip your hand, now is the time to do it."

To which LS responded, "There is a lot of work going on in the case and that is all I am going to tell you."

Third and final segment, from approx. 35:00 to 1:27:00+ (end of program), MK revealed LS's crush on Starsky character in Starsky and Hutch and asked her to show some of her memorabilia. Then, MK surprised LS by introducing her via livestream to Paul Michael Glaser, who played the character of Starsky. Remainder of discussion among MK, LS, and Glaser was about Glaser's portrayal of that character, other acting work, funny stories related to the show, Glaser's writings and his art and then repartee among the three present.

One final story Glaser presented (after MK invited him to join him for fishing at his cabin) was about a friend who owned a dude ranch where kids would get a chance to fish in a pond. He said the brother of this friend was a wildcatter who'd work on the ranch during summer months, throwing chum on the pond.

Chumming the pond. I think that is what the defense attorneys in this case did to LS. They threw falsehoods about LS's appearance on social media into court proceedings like they were tossing chum into a fish-populated pond. Without verifying whether there was any substance to the claims (and memories being faulty for those that might have watched the appearances), many gobbled the morsels up and regurgitated them and others gobbled those and it continued until the morsels seemed pervasive. But there was never anything to them. It was like throwing sawdust in.

ETA: Link to podcast #38, the episode co-hosted by Linda Stanley, and in which Paul Michael Glaser appears:
 
  • #227
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.

The defense released their data and it had missing days/times and the 7th and 8th were mostly missing I do believe. There was also some other time missing from the 9th. I need to find that info again to verify and I can't pull up the one website a websluether created so I'll look for it.

I think you are absolutely right on her reaching out to MB. She also had updated the list in her phone.. I think part of her was trying to reassure herself that she was doing the right thing. It is so difficult to come to terms with leaving a spouse and leaving in this situation had to be even harder.. the world thinks things are perfect, the world sees Barry has an amazing husband, the outside view is "perfect", but she needed to convince herself she wasn't crazy, he was doing these things that weren't okay, she was done.. she had her list of reasons, she sent him the text, she messaged her sister.. maybe she sensed something, maybe she wanted more support that she was doing the right thing, so many reasons she could have chose then to do it.. maybe emotionally she was in a place she could put it out there in case her sister called her, texted back and wanted to discuss it further.. her girls were away so she maybe had the mental energy to rehash it, but like you said didn't want to burden SO with this big day in her life about to happen. I'm glad she sent it, I am sad for her sister because she didn't reply and I'm sure that is hard for her now knowing she didn't, but she had no way to know this would happen.
 
  • #228
Do we know if the protection orders in this case still stand? The Ritter's, Jeff, MG, etc? Are they still in place?
 
  • #229
I find the Profiling Evil episode sad.
LS is laughing and confident.
8 months later she will have 14 of 16 of her expert witness barred from testifying because of either playing loose with discovery deadlines as a tactic, or just lack of preparation.
It is Suzanne who lost here. So I hope the idea that police know where she is, is true and not an 11th hour attempt to get BM to go look.
 
  • #230
Another question I've seen mentioned is if the case could be brought in federal court. If they find her on federal land and can prove that she was tranquilized and killed at the burial site could they file in federal court?
 
  • #231
Another question I've seen mentioned is if the case could be brought in federal court. If they find her on federal land and can prove that she was tranquilized and killed at the burial site could they file in federal court?
I would speculate yes, but it would be great if one of our lawyers would weigh in on this.

My opinion is based on the Petito case. Bringing my post forward.

This question came up in the Gabby Petito murder last year.

Why Gabby Petito Homicide Case Could Be a Jurisdictional Mess

This article states: Per the outlet, investigators are trying to determine if she was killed in the same place where they found her body. Police discovered Gabby Petito’s remains in the vicinity of Grand Teton National Park and Bridger-Teton National Forest Service in Wyoming. Both of those locations fall under federal jurisdiction.

But if she was killed off federal lands and then just buried in the national park or forest, the case gets turned over to state authorities. Currently, the FBI has been compiling evidence and conducting the investigation. The progress they’ve made could take a huge step back if suddenly state authorities have to take over the case.

But what happens if the authorities can’t determine the exact location where Gabby Petito died?

Then, according to TMZ, the case will default to the place where her body was found. So, federal lands and federal jurisdiction.

The FBI gave the final report.
https://www.google.com/url?sa=t&sou...8QFnoECAkQAQ&usg=AOvVaw19IJ1fIvNbt-1T-soMixCL

A federal warrant was issued for her boyfriend.
https://www.google.com/url?sa=t&sou...8QFnoECAgQAQ&usg=AOvVaw0sAAygkWlYo8XRv82lk8qJ

Posting this as information, not speculation re: Morphew's body.

MOO
 
  • #232
  • #233
Can anyone direct me to any actual exculpatory evidence withheld from the defense?

Not the dog. No scent detected.

Not the Codis hits. No viable leads there.

Intra departmental disagreement about the timing of arrest -- nothing there about lack of evidence.

Blizzard of motions but did the Prosecution bury anything that could've helped his defense team build an actual defense?

The dog hurts Barry.

The Codis hits hurt Barry.

Blow away the smoke and what's left?

LWOP

JMO
 
  • #234
I just watched a podcast on YouTube that is approved for the Daybell case here. The attorney discussed Barry Morphew. She had most of the facts wrong and just destroyed the prosecution and made inference that the dna for a SODDI was quite good and that now BM is a free man. I was so angry I had to turn it off and walk away before coming back here for some sanity.

Thanks everyone for lifting my spirits today and I hope he is charged and sentenced soon!

Praying Suzanne’s body is found!
 
  • #235
Can anyone direct me to any actual exculpatory evidence withheld from the defense?

Not the dog. No scent detected.

Not the Codis hits. No viable leads there.

Intra departmental disagreement about the timing of arrest -- nothing there about lack of evidence.

Blizzard of motions but did the Prosecution bury anything that could've helped his defense team build an actual defense?

The dog hurts Barry.

The Codis hits hurt Barry.

Blow away the smoke and what's left?

LWOP

JMO

I don't think anything hurt the defenses case. I understand why things are done a certain way and that Barry deserves a fair trail. I know they should have provided things in a timely manner and they didn't. I just do not see that anything that wasn't provided quickly was anything that made him look innocent or helped in any way. The only thing that the defense did was conclude that because it wasn't handed over, it was in fact something the prosecution didn't want them to know because it made him look innocent and then they proceeded to twist that evidence to find their narrative.

The DNA did not help him, but they tried to say it was matches to sex offenders, etc. It wasn't, that is lies.

The dog "hit" was not a hit, he didn't find the scent at all, but searched.. nothing. They lied to say the dog lost her scent at the river.

Emails are again smoke and mirrors. Did any of those emails say, Barry is innocent and xyz proves that? Nope.. discussions and opinions on a day to day basis are not facts and do not mean that investigators are locked in to that opinion every single day after that.
 
  • #236
Do we know if the protection orders in this case still stand? The Ritter's, Jeff, MG, etc? Are they still in place?
The case having been dismissed, the court has no jurisdiction over BM. So, the protective orders issued in this case no longer apply to him.

He would be a fool even to contact a witness who did not reach out to him first, but as we know...
 
  • #237
The case having been dismissed, the court has no jurisdiction over BM. So, the protective orders issued in this case no longer apply to him.

He would be a fool even to contact a witness who did not reach out to him first, but as we know...
IANAL
but I would think PPOs would still be in effect, trial or no trial.
 
  • #238
Another question I've seen mentioned is if the case could be brought in federal court. If they find her on federal land and can prove that she was tranquilized and killed at the burial site could they file in federal court?
Really good question.

Here's an attorney's summary of the Federal murder statute. Based on this, it would take more than her remains being found on U.S. property to give U.S. courts jurisdiction over a murder charge.

We have recently seen the U.S. Attorney bring charges against the killers of Ahmaud Arbery under the civil rights section of the criminal code. Does anyone think we might have a factual basis to charge SM's murder as a hate crime? Or, as an act of discrimination against her as a woman?

Maybe, if LS asked the U.S. to look into it, they could find something.
 
  • #239
The case having been dismissed, the court has no jurisdiction over BM. So, the protective orders issued in this case no longer apply to him.

He would be a fool even to contact a witness who did not reach out to him first, but as we know...
You asked yesterday about obtaining relevant documents in case access is removed. I have such a hodge page of documents, I'm trying to gather and index what I can find for my own files. I wanted to pass along this news article which contains downloads of all the court documents from May 2021 through Nov 2021. (4 large downloads.)
Chaffee County releases documents in Barry Morphew murder case | FOX21 News Colorado
 
  • #240
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