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

[swedeheart]

This is straight from last night’s 48 hrs. It was worth the watch. Great find and post for those who missed it. I believe it can still be viewed on the cbs app.

Also, the link (again) in case anyone wants to watch.

Only mistake I noticed was that they said Barry moved his truck "up to the house" instead of saying he backed his truck up early that morning (before Broomfield, not sure of exact time). The reporter (Ashley) implied that prosecutors thought he pulled the truck up to the house to dispose of a body. (I personally think he reversed the truck to access the Range Rover or an ATV.)

And the focus on DNA. They didn't explain how that had all been clarified recently, and a non-event.

Otherwise, it was a much better episode than the previous one.

Watch 48 Hours Season 34 Episode 39: The Suzanne Morphew Case: Nothing Is What It Seems - Full show on CBS

 

[swedeheart]

 

[al66pine]

Count 5. Attempt to Influence???

I'd forgotten about this! Does this refer to BM trying to bribe someone, and do we know who it was?

@Kemug A point of clarification: the charge is not trying to bribe, but to "influence."

Briefly.
IDK specifically what BM said or did that prompted this charge.* He may have offered/promised $$, property, 'gifts,' etc., the old fashioned, time honored way to attempt to influence.
But CO. attempt to influence statute* includes other means such as "deceit or by threat of violence or economic reprisal against a person or property."

Also providing a link to pdf of the Complaint and Information.**
ETA: I missed post by @jakat (TYVM ) quoting news article about this charge.
___________________________
Not so briefly.
* CO statute section § 18-8-306. Attempt to influence a public servant
"Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony."
^2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 3 - :: Bribery and Corrupt Influences :: § 18-8-306. Attempt to influence a public servant

** "COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4) Between and including May 10, 2020 and May 5, 2021, Barry Lee Morphew unlawfully and feloniously attempted to influence Damon Brown, Lamine Mulenax, Robin Burgess, Alexander Walker, Joseph Cahill, Derek Graham, Kenneth Harris, and Jonathan Grusing, public servants, by means of deceit, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning a matter which was to be considered or performed by the public servant or the agency or body of which the public servant was a member; in violation of section 18-8-306, C.R.S."
^ 'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew

 

[jakat]

After two years? My guess is Barry won’t be living in Chaffee County so probably wishful thinking that he will stay in the area and keep searching. If LE’s claim they might know where she is doesn’t pan out in the coming months my guess is LE will wind down expenses associated with searches but the case will remain open for awhile I think. It is also possible someday some hiker or explorer will find remains. I hope so for the families.

He pretended to search. When Andy was searching the first time, there were two groups. Bury was in one group and Andy was in the other. If I'm not mistaken, it was May 12th. Bury disappeared from his group. Where was he and what was he doing? I believe it was that day he did a swan dive and also was caught at Poncha Market rummaging through the garbage. There's no reason why he would search for Suzanne when he already knows where she is. MOO

 

[jakat]

Count 5. Attempt to Influence???
@Kemug A point of clarification: the charge is not trying to bribe, but to "influence."

Briefly.
IDK specifically what BM said or did that prompted this charge.* He may have offered/promised $$, property, 'gifts,' etc., the old fashioned, time honored way to attempt to influence.
But CO. attempt to influence statute* includes other means such as "deceit or by threat of violence or economic reprisal against a person or property."

Also providing a link to pdf of the Complaint and Information.**
ETA: I missed post by @jakat (TYVM ) quoting news article about this charge.
___________________________
Not so briefly.
* CO statute section § 18-8-306. Attempt to influence a public servant
"Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony."
^2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 3 - :: Bribery and Corrupt Influences :: § 18-8-306. Attempt to influence a public servant

** "COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4) Between and including May 10, 2020 and May 5, 2021, Barry Lee Morphew unlawfully and feloniously attempted to influence Damon Brown, Lamine Mulenax, Robin Burgess, Alexander Walker, Joseph Cahill, Derek Graham, Kenneth Harris, and Jonathan Grusing, public servants, by means of deceit, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning a matter which was to be considered or performed by the public servant or the agency or body of which the public servant was a member; in violation of section 18-8-306, C.R.S."
^ 'Spy Pen' Emerges as Key Piece of Evidence in Case of Accused Colorado Wife Killer Barry Morphew

He offered steaks, small ones because he's cheap.

 

[Momofthreeboys]

Was count 5 severed and moved back to Chaffee County as a separate case or was it covered in the motion to dismiss? I am alittle lost on that count as I didn’t think it was addressed in regard to the sequence of charges connected to the murder and tampering charges.

 

[Sillybilly]

ETA: I believe the WebEx made it here and was removed by the moderators with a note that it is illegal to post that video here. It's on page one of these threads. So, IMO the video did indeed make it out, somehow.

You believe incorrectly.

The Admin Note posted by me was a preemptive because we knew the broadcast could not be linked. Move on from that without further slags against Websleuths Moderators.

Thank you.

Sillybilly
WS Administrator

 

[justtrish]

He offered steaks, small ones because he's cheap.

They better be careful if he tries to only use one plate and share that steak. Nothing good comes after that.

 

[MemPat]

Wow, our zoo is famous! I must immediately go and let them all know!

Oh, Kemug, you know you're our "zoo-whisperer"......they know what you're thinking before you do!

 

[Cindizzi]

Oh, Kemug, you know you're our "zoo-whisperer"......they know what you're thinking before you do!

With the latest development of the Judge stepping down, I would imagine that @Kemug has been extremely busy — bringing in truckloads of Holy Cows! Holy Cats! and Holy Carp!
Not to mention moving the Llamas out to pasture.
What a busy ever changing menagerie we have here.

P.S. I hope any newcomers know that our joking about the Zoo is just to keep our sanity here with this crazy case that we all take very seriously.
JMO

 

[Murphy1950]

Count 5. Attempt to Influence???
@Kemug A point of clarification: the charge is not trying to bribe, but to "influence."

Briefly.
IDK specifically what BM said or did that prompted this charge.* He may have offered/promised $$, property, 'gifts,' etc., the old fashioned, time honored way to attempt to influence.

RSBM, hey we're talking Barry. He may have offered/promised $$, property, 'gifts,???? Antlers!!

He pretended to search. When Andy was searching the first time, there were two groups. Bury was in one group and Andy was in the other. If I'm not mistaken, it was May 12th. Bury disappeared from his group. Where was he and what was he doing? I believe it was that day he did a swan dive and also was caught at Poncha Market rummaging through the garbage. There's no reason why he would search for Suzanne when he already knows where she is. MOO

I agree @jakat... The Andrew below is his Church Friend who showed up the first night with his wife. Andrew said he and Lara responded to the scene where Suzanne's bike was recovered on May 10th,

Andrew helped with the searches for Suzanne, which Andrew described as disorganized. Barry and his friend, George, searched by themselves. Barry was gone all day every day and left his girls at the house. Barry tracked a mountain lion for an entire day across Highway 50, but he did not find anything.\aa pg55 Note above Andrew says "Barry and his friend George searched by themselves" But Barry wasn't with George. Barry was "pretend searching" while actually hunting, enjoying himself while others searched. I think that is why he paid George the 4 K , because George really took off from his job and searched with another buddy who also probably took off work.

SA Grusing asked if search and rescue covered those and Barry said they did not search much past the first day or go across the highway. He said, "And I was certain that first day that a mountain lion got her. I was certain of it." He added, "I've been hunting that lion for two years." Barry said he tracked the lion six times and knows his habits: coming down the hill behind his house, up the road, across the bridge, across Highway 50 and east across the mountain. He added, "I've seen him do it a hundred times." Pg 83

Barry was shown a map of Garfield, Colorado and he confirmed he turned around on Sunday, May 10 th, at the first place he could have, pointing to exit 228.84 Barry said he did not climb that road leading up into the mountains, nor did he go into any of the mines. He said George and his buddy searched those mine shafts for Suzanne. Pg 119

 

[GatorFL]

You believe incorrectly.

The Admin Note posted by me was a preemptive because we knew the broadcast could not be linked. Move on from that without further slags against Websleuths Moderators.

Thank you.

Sillybilly
WS Administrator

No worries. I was not being critical of you or any moderator here.

My interest is focused on the prosecutor's failures in this case so far and a subset of that are the judges' decisions with this case and how they have affected the prosecution. Whether the broadcast made it here or not is irrelevant since Colorado rulings are clear that WebEx broadcasts are not permitted to be made public so the judges in the Morphew case were not acting out of the ordinary in that regard.

 

[Cindizzi]

Was count 5 severed and moved back to Chaffee County as a separate case or was it covered in the motion to dismiss? I am alittle lost on that count as I didn’t think it was addressed in regard to the sequence of charges connected to the murder and tampering charges.

By Count 5, I’m assuming you mean the Charge of Attempting to Influence a Public Servant.
I think we’re all lost on that one. JMO
Probably have to find out at the next status conference on May 26 for the Forgery and Mail Ballot charges which have a separate case number and have never left Chaffee County.
The only Motion to Sever that I’m aware of ( and was granted) is the Weapon Charge.
JMO
It’s a shame that the Court doesn’t upload documents.

https://www.courts.state.co.us/user...8/21CR78 Morphew Amended Complaint 051821.pdf

 

[Momofthreeboys]

By Count 5, I’m assuming you mean the Charge of Attempting to Influence a Public Servant.
I think we’re all lost on that one. JMO
Probably have to find out at the next status conference on May 26 for the Forgery and Mail Ballot charges which have a separate case number and have never left Chaffee County.
The only Motion to Sever that I’m aware of ( and was granted) is the Weapon Charge.
JMO
It’s a shame that the Court doesn’t upload documents.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Amended Complaint 051821.pdf

Thanks for your thoughts. I am thinking the news article was incorrect but perhaps we will find it has a separate case number in Chaffee. I am not sure, though, how they could separate it from the murder case and charge it separately so was wondering what people thought since it was being discussed as if it were an active case.

 

[crhedBngr]

For anyone wondering about possible snowpack around Salida, here is a link to some webcams (courtesy of @Cindizzi ):

Webcams

 

[PaulaDC]

​

There were many different kinds of grants and loans available during Covid. Payroll protection was one kind. Do we know exactly what loan or grant Barry received? Regardless, if it was payroll protection there was a payback period that may not have ended yet so I don't know that we can unilaterally proclaim Barry cheated the system.

It was free money. As long as you kept your employees working. But if he subbed out his work he really had no employees. I have a janitorial business. I did not take any business relief due to that same issue. I'll bet he just thought "everyone else cheats"......moo

 

[PaulaDC]

I remember during one of BM's hearings Lama had to stand up and explained in court that sitting aggravated an injury. He was appointed in 2016.


Ramsey Lama appointed judge

ETA: FROM 2013 - Lama is recovering from a mountain biking accident in which he suffered a broken C2 vertebra and damaged the carotid artery in his neck.

Fundraiser will benefit Ramsey Lama

This is like The 3 Degrees of BM (Kevin Bacon) I had no idea the judge had a connection to Salida. Interesting moo

 

[Seattle1]

By Count 5, I’m assuming you mean the Charge of Attempting to Influence a Public Servant.
I think we’re all lost on that one. JMO
Probably have to find out at the next status conference on May 26 for the Forgery and Mail Ballot charges which have a separate case number and have never left Chaffee County.
The only Motion to Sever that I’m aware of ( and was granted) is the Weapon Charge.
JMO
It’s a shame that the Court doesn’t upload documents.

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Amended Complaint 051821.pdf

OK, somewhere in a very distant corner of my brain, I've long held that Count 5 resulted when BM asked for immunity -- said he'd open up his entire life to Agent Grusing if he was given immunity. I would have heard this here or from one of the local reporters. Does this ring true to anybody else? Hmmm....

 

[Cindizzi]

OK, somewhere in a very distant corner of my brain, I've long held that Count 5 resulted when BM asked for immunity -- said he'd open up his entire life to Agent Grusing if he was given immunity. I would have heard this here or from one of the local reporters. Does this ring true to anybody else? Hmmm....

I’m not sure if anyone has ever clarified it, I think most of us just assume that’s what the “influencing “ charge is about. JMO
The closest thing I can find is this :

https://www.thedenverchannel.com/ne...-with-focus-on-darts-needle-sheath-trash-runs
After another break, with Grusing, the retired FBI agent, still on the stand, the court learned that Barry Morphew had asked Grusing during an interview about immunity, asking him, “Can you give me immunity if I sit and just open up my life to you?”

Grusing said he believed that meant Morphew believed investigators could help him out if he told them about Suzanne’s disappearance and death.

 

[Seattle1]

I agree with MK. We've all known Sheriff Spezze to be a man of very few words, and I think the fact that he made a public statement is very telling. He's definitely committed to the prosecution of BM.

Sheriff makes statement regarding Morphew dismissal

4/18/22

“The Chaffee County Sheriff’s Office maintains its commitment to this case and will continue to work tirelessly to find the body of Suzanne Morphew.

“While we are disappointed in the delay of the proceedings, we remain unwavering in our commitment to this investigation and the ultimate prosecution of Mr. Morphew.

“I stand behind the strong work of the investigators within the Chaffee County Sheriff’s Office and the many law enforcement agencies involved and the strong case we have built.

“Above all else, we remain dedicated to seeking justice for Suzanne and her family.”

Spezze followed up with a statement that the sheriff’s office will not address questions or issue additional comment on the Morphew case dismissal at this time.