Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #102

[Scootie98]

You seem to have missed the point about him being “in character.”

He did not at all act like a person who is wondering where their spouse is. If he truly had no idea what happened to her and that she was missing and he was panicked looking for her he would be going through all the possibilities of where she might be. BEFORE jumping straight to “she’s dead” which is what he did.

He knew she was having some type of affair so he might have speculated that one option is she had just snuck off with her lover for a bit, whether in person or on the phone. But he didn’t say that. Actually he lied and said that he knew nothing about an affair (because that happens to be motive for murder).

He knew she was recovering from cancer and serious cancer treatment so he might’ve speculated that she collapsed somewhere in the house or around the house. But he didn’t say that. He didn’t walk around or run around looking.

There’s many options that a truly innocent person would start with before they jump to the absolutely ridiculous, bizarre, and highly suspicious theory that a mountain lion ATE HIS WIFE!!!

Why is all that important? Because he was trying to ACT innocent, and in such a poor way that it was very obvious he was putting on an act. He did not at all look like a truly innocent husband frantically looking for his wife in the first hours that everyone was wondering where she was. Actually what he was saying and the way he was acting so passively was suspiciously implying that she is dead and gone forever.

In character, he forgot he is first supposed to act like a frantic husband looking everywhere for her and running through every possibility of where she might be. Instead he very ham handedly jumped straight to trying to explain alternative theories of why she was dead and gone forever. No one does that unless they know for a fact she’s dead and gone forever.

By the way can that be my submission for his book title? A Mountain Lion Ate My Wife!

In my opinion, and BM's defense...he did "act like a frantic husband looking everywhere for her and running through every possibility of where she might be"......just before he killed her.

 

[Megnut]

Grusing said on the stand that he interviewed the company that BM was doing the work for and they told him BM was made aware of no work allowed on Sundays.

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Isn't that nice?

After misplacing his lump, throwing her bike one way and her helmet another, he has the gumption to wish his mother a happy's mother's day, like a godly and golden son. After what he just did.

Gross.

Hallmark probably doesn't have a card for that.

JMO

 

[Megnut]

It's notable -- and sad -- that Barry seemed to know so little about his wife. How she spent her time, her interests -- not just with JL. Even before.

Didn't he say she stayed-at-home, doing nothing. Rude. Housewifing isn't nothing. Child-rearing isn't nothing. Excrpt that it was nothing, to him. Because it wasn't about him. He probably called Suzanne out on her sinful unlovingness three hours after having a baby.

Itsallaboutbarry. Itsalwaysallaboutbarry.

He wants what he wants when he wants it.

Hunter Barry, never misses a shot. Lover Barry, same. Every time. His whole life. 100%.

Self-adulate much?

Big truck, little man.

But let's think about it --

According to Barry, on a typical day, Suzanne wakes up, has coffee, checks her email, shops online, eats a lot of veggie stew. Then what? Goes to bed?

5/9 according to Barry, Barry brings Suzanne breakfast in bed. Yeah, sure he did. Then she sunbathed. Had veggie stew. Thought about making a side of potatoes to go with the one steak. Shared a steak and a plate with him before sharing a bed with him. The fireworks probably cracked the door jamb--

He's got Suzanne going to sleep around 8 and she doesn't stir at 5, as Barry is preparing to leave???? Where's the Mother's Day breakfast in bed? Cancer-survivor with two miracle babies, surely she's worthy.

It's just not credible. None of it.

Made all the worse by his text to his mother.

One has to wonder if, in his head, he was typing, "it is done."

That he set his children up to be the discoverers, I have no words.

JMO

 

[waldojabba]

They did not have a "tremendous" amount of circumstantial evidence...they had enough to get it bound over for trial but not enough to meet the higher bar of proof evident presumption great so they reached the "lowest" bar necessary given the tip goes to the prosecution to move forward to trial. Almost everyone here in this thread and forum thought at the time it was the right decision. It's a bitter pill for all of us now that were looking toward the trial and probably more difficult for those that were solidly and emotionally behind the idea a jury would be unanimously in favor of guilt. You are correct, prosecution "may" decide to try again, but as been discussed they may have estoppel hurdles to get there especially if they have no additional evidence, a body or an informant. I personally have a sense prosecution used the "we're close to finding a body" as support for their motion to dismiss and that it may or may not pan out. The missed deadlines and the Brady issues exist...neither judge "made them up" in their heads. Judge Lama was generous in proclaiming that he didn't find it "willful" as I'm sure there are people who could argue that point but the fact for history will always be that the prosecution damaged their own case.

I think we have a different understanding of why they did not meet the higher bar. IIRC It was bc of the judge's uncertainty about the dna. The judge indicated the same himelf. That is also why Barry was afforded bail. By law since they did not meet the higher bar - Barry got bail. It was not for lack of circumstantial evidence. I agree with the OP there was plenty of circumstantial evidence. As far as the the estoppel hurdle - it is possibly a hurdle - but
there is no certainty of that - that hurdle may or may not exist. As far as refiling, my recollection is their were various lawyers opining at the time of the dismisal about the refiling. And a lot of different viewpoints. All IMO

 

[Momofthreeboys]

I think we have a different understanding of why they did not meet the higher bar. IIRC It was bc of the judge's uncertainty about the dna. The judge indicated the same himelf. That is also why Barry was afforded bail. By law since they did not meet the higher bar - Barry got bail. It was not for lack of circumstantial evidence. I agree with the OP there was plenty of circumstantial evidence. As far as the the estoppel hurdle - it is possibly a hurdle - but
there is no certainty of that - that hurdle may or may not exist. As far as refiling, my recollection is their were various lawyers opining at the time of the dismisal about the refiling. And a lot of different viewpoints. All IMO

We'll just have to agree that we don't agree. I thought it was a weak case from the get go.

 

[GatorFL]

We'll just have to agree that we don't agree. I thought it was a weak case from the get go.

Agreed. Stanley even said in her motion to dismiss that she can't even definitively say is Suzanne is actually dead.

"The ongoing investigation into the location of the body must be resolved to further the interests of the public. The public seeks a swift resolution of this case, but more than anything, seeks an indisputable answer as to whether or not Ms. Morphew is dead before her killer can be held accountable."

Judge Agrees to Dismiss Murder Case Against Barry Morphew as Prosecutors Claim Authorities Are 'Close' to Finding His Wife's Body

Colorado prosecutors on Tuesday moved to dismiss a murder case against Barry Morphew, the husband whose wife Suzanne Morphew disappeared during a bicycle ride and has never been seen or heard from since.

lawandcrime.com

I mean, let's face it, the prosecution should NEVER have charged until they could definitively prove she's dead.

 

[Boxer]

From the below story:

"Prosecutors filed the motion to "dismiss without prejudice" — meaning they could file charges against Morphew at a later date. In the motion, prosecutors said they believe they're close to finding Suzanne's body "in a remote and mountainous region nearby the Morphew residence." Investigators believe the body is in an area that's covered by five feet of snow, precluding them from safely excavating the area, according to the motion."

Judge Dismisses Case Against Husband of Suzanne Morphew, Who Vanished on Mother's Day 2 Years Ago

Prosecutors said they believe they are close to finding Suzanne Morphew's body

people.com

I wonder why the prosecutors are so confident they are close to finding Suzanne's body? And how is that process going? When can we anticipate them recovering her corpse and refiling charges against BM?

I hope they do find Suzanne's body and are able to determine what happened for her. But I have to say that I feel little confidence in Prosecutors/LEOs ability to move this case forward at this point. I still can not understand why they arrested BM before they had the evidence to back it up.

Good question. At the arrest assumed prosecutor had the goods.
They were pretty close, but for a no body, and importantly NO BIO case the DA needed a lot better prep, and just at a basic basic level, meeting deadlines.

MOO it's ridiculous really. All that public money poured into police searches, investigators, FBI sifting search and a huge family search, yet all that goes down on a lack of basic lawyer craft.
Finding the body is the only way back.

 

[mrjitty]

You seem to have missed the point about him being “in character.”

He did not at all act like a person who is wondering where their spouse is. If he truly had no idea what happened to her and that she was missing and he was panicked looking for her he would be going through all the possibilities of where she might be. BEFORE jumping straight to “she’s dead” which is what he did.

He knew she was having some type of affair so he might have speculated that one option is she had just snuck off with her lover for a bit, whether in person or on the phone. But he didn’t say that. Actually he lied and said that he knew nothing about an affair (because that happens to be motive for murder).

He knew she was recovering from cancer and serious cancer treatment so he might’ve speculated that she collapsed somewhere in the house or around the house. But he didn’t say that. He didn’t walk around or run around looking.

There’s many options that a truly innocent person would start with before they jump to the absolutely ridiculous, bizarre, and highly suspicious theory that a mountain lion ATE HIS WIFE!!!

Why is all that important? Because he was trying to ACT innocent, and in such a poor way that it was very obvious he was putting on an act. He did not at all look like a truly innocent husband frantically looking for his wife in the first hours that everyone was wondering where she was. Actually what he was saying and the way he was acting so passively was suspiciously implying that she is dead and gone forever.

In character, he forgot he is first supposed to act like a frantic husband looking everywhere for her and running through every possibility of where she might be. Instead he very ham handedly jumped straight to trying to explain alternative theories of why she was dead and gone forever. No one does that unless they know for a fact she’s dead and gone forever.

By the way can that be my submission for his book title? A Mountain Lion Ate My Wife!

Agreed

If you place yourself in the position of the accused, but assume innocence, one of the most obvious things he should have suspected is she was with her lover.

And especially as he had only left the house that morning, he obviously should have wanted to look around the house to see what she had been doing, and what she might have taken with her. Only he knew how the house was left.

 

[Megnut]

Agreed

If you place yourself in the position of the accused, but assume innocence, one of the most obvious things he should have suspected is she was with her lover.

And especially as he had only left the house that morning, he obviously should have wanted to look around the house to see what she had been doing, and what she might have taken with her. Only he knew how the house was left.

Yup. And when officers brought him in the house, he had the flat-curiosity of someone who had left the house prior, only to return, fully expecting it to be just as he left it.

At least we didn't have to hear him caterwaul, "d-d-did sh-sh-she feed the c-c-cat?"

He didn't play it well.

JMO

 

[HongKongPhooey]

Yup. And when officers brought him in the house, he had the flat-curiosity of someone who had left the house prior, only to return, fully expecting it to be just as he left it.

At least we didn't have to hear him caterwaul, "d-d-did sh-sh-she feed the c-c-cat?"

He didn't play it well.

JMO

 

[justtrish]

The trespass case was dropped I do believe. The issue originally was that SD was on the witness list for the murder case and would have her lawyer in the courtroom and available to advise her....her lawyer was a friend of Judge Murphy and Judge Murphy agreed with defense that it would be a conflict of interest so the situation had more to do with the murder case and SD as a witness than with her trespass case (which was dropped) is how I understood the situation. I'm open to correction if I missed something.

In my opinion the voter fraud case will go pretty quickly. He signed on the witness line. He claims to have thought he could do that. That's for me is the crux of the case. Somewhat similar to the former chair of the Colorado GOP who actually signed and submitted a ballot for his wife and received probation and community service. This man also said he did it and thought he could so a somewhat parallel story. We have no idea if he will plead guilty, do a plea deal or go all the way. I'm thinking a plea deal will be worked out and we'll hear about it some day. If prosecution and defense agree to the plea it isn't very often a judge won't sign off on the deal.

I'm curious why SD has a lawyer in this case, if she is just a witness being called? Very interesting I think to feel you need a lawyer to simply speak about your relationship with the defendant AFTER his wife is missing. Maybe there was something there BEFORE and when that comes out, she might need a lawyer. I am curious how many witnesses in trials have lawyers coming to court with them?

 

[justtrish]

I tend to think the motive for murder was the inevitable divorce proceedings and their impact on his life....financially, and possibly legally due to shady dealings which would surface and destroy him. Suzanne was alive when and while she was having an affair (which I believe he was aware of). It wasn't until she told BM "I'm done" and he believed it, maybe finally, that he put the wheels in motion to actually do the deed. IMO, it wasn't an affair that triggered the murder, it was the soon-to-be-divorce. An "accidental death" has no Discovery in a courtroom to dissect BM and his dealings and impose settlements....a divorce does.

I've always wondered if she found out about his shady dealings from having that spy pen recording conversations. Maybe he found out she knew about something he didn't want her to. She might have wrote it in her journal or maybe it was something she uncovered that week doing his books. She didn't want Mrs. Ritter to stop by. I just think maybe their arguments that week could have also been about something she found out. Seems he skirts the law on many areas of his life and thinks rules don't apply to him.

 

[Jayhawk]

I've always wondered if she found out about his shady dealings from having that spy pen recording conversations. Maybe he found out she knew about something he didn't want her to. She might have wrote it in her journal or maybe it was something she uncovered that week doing his books. She didn't want Mrs. Ritter to stop by. I just think maybe their arguments that week could have also been about something she found out. Seems he skirts the law on many areas of his life and thinks rules don't apply to him.

Pretty sure she had him figured out some time ago, hence the affair and spy pen. He just learned that the marriage was over and he was going to lose lots of money. No one else had motive. Wish there was more physical evidence.

 

[Spartygirl]

Nothing more than hot air coming out of IE. If she does attempt to push an investigation it will fail. Nothing done by LE or the DA’s office constitutes prosecutorial misconduct. Barry is guilty and she KNOWS it. She’s on a PR tour to promote the Bare as having been wrongly accused because she also knows they are coming for him down the road.

Judge M ruled there was enough evidence to proceed to trial. Just because things got a bit messed up, and Judge M had to recuse himself and Judge L took over and over zealously sanctioned the prosecution does NOT mean the circumstantial evidence against the Bare has evaporated into thin air. Not at all. In fact, I bet we don’t know the half of it!

IE is preempting for the next trial. She knows he’s guilty every bit as much as we do. Don’t kid yourself.

Exactly !!!
She knows she is blowing hot air.
Per usual...she is seeing what sticks.

<modsnip>

 

[Boxer]

Agreed

If you place yourself in the position of the accused, but assume innocence, one of the most obvious things he should have suspected is she was with her lover.

And especially as he had only left the house that morning, he obviously should have wanted to look around the house to see what she had been doing, and what she might have taken with her. Only he knew how the house was left.

Absolutely, BM absolutely acts guilty. He lied about his activities the day and night of Suzanne's disappearance etc.
He did so many really suspicious things I really think that a jury would have convicted him.
Needed a prosecutor who could bring those things together for the court and a jury.

 

[MerBeach]

@Scootie98 is on a roll today with the great posts! To quote @Warwick7, ”Bam!!”

 

[Warwick7]

@Scootie98 is on a roll today with the great posts! To quote @Warwick7, ”Bam!!”

Exactly!!! Bam!!!

 

[Kemug]

I would rather see him cleaning out the cages at the zoo...particularly where the critters he likes to kill are housed.

Yes!! And the critters are very keen to see him too!

 

[Kemug]

Pretty sure she had him figured out some time ago, hence the affair and spy pen. He just learned that the marriage was over and he was going to lose lots of money. No one else had motive. Wish there was more physical evidence.

And don't forget his pride!

 

[Kemug]

You know, if I were Barry, and considering that Suzanne had just announced her intention to leave, I think that my first reaction would be to assume that she had.