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

[mom2chloe]

Or.... Barry came home and discovered the charred journal and his murdered wife, with the phone cord. Fearing he'd be blamed, he... framed himself.

There truly is no space for any alternative!

If Barry said, when he got home, Suzanne already had gotten herself gone, he'd almost have a better shot at selling his innocence.

Except he volunteered that he'd taken her bike out of her RR. So we'd have to believe that he'd come home, she was gone, he de-Ranged her bike, and threw it down the ravine in the morning because why?

And he powered her phone down in the morning for her why?

He wanted immunity to declare that Suzanne was missing of her own accord but he wanted to withhold that information so LE would continue to look at him as a murderer, when he was just a garden-variety jilted husband?

Except we heard it from him, the killer is still out there.

So..... I guess she didn't leave on her own. Per Barry.

We're back to the beginning. LE lingo: we can't leave the house. That's where it all started....

Whoever prevented Suzanne from accessing any of her devices from midday on 5/9 and all points going forward has blood on his hands.

I wonder if he's still bathing in bleach.

JMO

Why did he remove his shoes laces from his boots? That detail continues to have me stumped. Surely if you are discarding a dead body you would need your boots laced up safe and sound right? Also the bare footprint in the Bobcat? Suzanne’s or Barry’s?

 

[Megnut]

Why did he remove his shoes laces from his boots? That detail continues to have me stumped. Surely if you are discarding a dead body you would need your boots laced up safe and sound right? Also the bare footprint in the Bobcat? Suzanne’s or Barry’s?

Good chance he didn't remove any shoelaces. More likely, it was a Bsplain (like chipmunks, elk, turkey, veggie stew), to answer for bringing his boots into the hotel. It's not designed IMO to make sense; it's designed to divert. Discuss this, not that.

I'd like to know if the boots were recovered. Guessing not. So what was his explanation for that?

What animal ate his boots?

JMO

 

[mom2chloe]

Good chance he didn't remove any shoelaces. More likely, it was a Bsplain (like chipmunks, elk, turkey, veggie stew), to answer for bringing his boots into the hotel. It's not designed IMO to make sense; it's designed to divert. Discuss this, not that.

I'd like to know if the boots were recovered. Guessing not. So what was his explanation for that?

What animal ate his boots?

JMO

Must have been a damn raccoon! Opposable thumbs and all…

 

[Momofthreeboys]

Okay, if the murderer used her phone cord, did he kill her in the bedroom where she kept the phone cord? If so, why was her bike in the ravine if she was killed with her phone cord at the house? She wouldn't have had the cord with her on a bike ride. She never powered her phone up that morning. On Mother's Day with her beloved daughter's traveling through the Rocky Mountains. Think about that.

If Suzanne burned the journal to hide her infidelity, once again, what's with the bike being in the ravine and the phone cord being missing and the helmet being down the road in the opposite direction of Broomfield?

I totally agree with #3, that helmet was put there to leave a breadcrumb leading in the opposite direction of where the murderer went. You have that one totally correct- it was there to mislead and direct away from Broomfield and Barry.

As for your #4, I'm not sure what you mean by that. Do you think Suzanne wasn't serious about divorce and odds were that they would reconcile??

I don't think we'll ever have an answer about the fireplace. It seems if investigators could have determined what got burned and when it got burned that would have been already disclosed during the preliminary. I know we all saw the wrapping paper and the Pendaflex metal hanging tab, but I didn't think there was any evidence that screamed journal. I found it interesting that the journal was never even described if it was important - was it leather bound, book binding or spiral binding and so on. It seemed more like prosecution said, there was a journal, it was never found, we "think" it was burned in the fireplace so entirely speculative on their part in my opinion.

 

[Seattle1]

I don't think we'll ever have an answer about the fireplace. It seems if investigators could have determined what got burned and when it got burned that would have been already disclosed during the preliminary. I know we all saw the wrapping paper and the Pendaflex metal hanging tab, but I didn't think there was any evidence that screamed journal. I found it interesting that the journal was never even described if it was important - was it leather bound, book binding or spiral binding and so on. It seemed more like prosecution said, there was a journal, it was never found, we "think" it was burned in the fireplace so entirely speculative on their part in my opinion.

Actually, the AA describes SM's devotional journal that she religiously kept up daily as leather. The AA further described how when BM was asked about the misplaced journal, he feigned ignorant that SM even had a journal.

As for the charred remnants from the fireplace, I recall they included what appeared to be bookbinding but whether or not the binding was from SM's devotional journal, her Al-anon book, or other is unknown. IMO, it really doesn't matter, it's irrelevant since the point for the jurors is that BM destroyed record evidence at the same time that SM just happened to vanish.

 

[abams]

You raise fair points, and I understand that if you were on a jury for this trial, based solely on what has been provided in the AA and PH, you would acquit. So.. I’m curious. What evidence would bring you to convict?

I can tell you what I wouldn't convict on:

--prosecution's Hanna-Barbera tranq gun theory (voluntarily withdrawn when they realized it's actually impossible with the alleged weapon)
--the dog handler's testimony (witness voluntarily withdrawn when prosecution realized he wasn't testifying how they expected--quite the opposite! For anyone curious, look it up in the case record. The handler is on police bodycam at the bike scene stating the dog followed her scent along the creek. Please think for yourself about the implications to the case with this one.)
--the idea that LE can pinpoint a suspect's location to the degree they can follow him around a residential property and re-construct a murder based on historical cell tower data in a semi rural area and/or GPS. Or even better, a timeline based on a truck events.

There's more, too much to list, but ultimately I never felt they had a coherent case beyond he was home at specific times, she disappeared, and there was marital discord. People harp on about his lies and inconsistencies, but the fact is every person lies or gets tripped up when interrogated, that's the entire point of it. Yes, innocent people do "lie" to cops all the time, it's why innocent people need representation most of all. He was questioned by local LE and FBI for what, 30 hours without an attorney present? The only noteworthy things about that are 1) he didn't stop before requesting an atty and 2) they didn't squeeze out a confession from him in all that time.

Nothing we saw prior to the trial would be enough, if I'm sitting on that jury, for me to convict on first degree murder and send someone to prison with LWOP and only one is needed. Hearsay and circumstantial evidence, sure, but circumstantial evidence can be painted any way you want. Combine it with confirmation bias and it's a bad mix. They need to find her remains, although I suspect any future prosecution will run into many of the same issues unless something more concretely damning is unearthed.

 

[Murphy1950]

Purely Devil's Advocate here:
1) The abductor used the charger to murder/strangle her and so took it with him/her
2) Suzanne burned her own journal to keep Barry reading about her infidelity
3) Helmet was tossed in another area to keep search/recovery resources focused on different area
4) There are 14364 divorces per week ( Divorce Statistics and Facts | What Affects Divorce Rates in the U.S.?) and 61.96M married couples in the US (https://comparecamp.com/marriage-statistics/#:~:text=Marriage Statistics in the United States 1 A,million married couples in 1960. More items... ) so likelihood of that of Suzanne ending it was about .02% if all couples were equally likely to divorce. No real point here since I can't find how many people are no longer seen once divorce is requested but I was curious to take it as far as the available data supports. (sorry)

No longer a Devil Adv, but still, IMO, these are definitely a big hmmmm, but probably not enough to send someone away for life.

Purely Devil's Advocate here:

Hi devil! once again fair enough….

1) The abductor used the charger to murder/strangle her and so took it with him/her.

So the abductor knew it was only Suzanne in the house, on Mothers day of all days. Figured out the code to get in. Knew the cameras weren’t working. Left no other DNA. Knew she wouldn’t have a gun for protection. Rather than just leave with Suzanne, though it a good idea to go to the garage and get the bike to stage. Why are they bothering to throw off the investigators with the bike? If you’re abducted, does it really matter if it was from the house or a half a mile away off a bike? Why would you risk hanging around? That’s like taking a taxi, after robbing a bank.

2) Suzanne burned her own journal to keep Barry reading about her infidelity.

Ok. It would only be two people that would care about the journal…Barry or Suzanne. Let’s chalk that up to her. Was the Facebook friending of the previous evening just a coincidence? 20 males and three Jeffs???

3) Helmet was tossed in another area to keep search/recovery resources focused on different area.

Focused why (?), Miles and miles away or another part of the state but a mile away, who cares?? Might as well have been in the driveway…

4) There are 14364 divorces per week ( Divorce Statistics and Facts | What Affects Divorce Rates in the U.S.?) and 61.96M married couples in the US

Stats, Stats, Stats

One study found in interviews with men who have killed their wives that either threats of separation by their partner or actual separations were most often the precipitating events that lead to the murder.

NCADV | National Coalition Against Domestic Violence

NCADV is the voice of victims and survivors. We are the catalyst for changing society to have zero tolerance for domestic violence. We do this by affecting public policy, increasing understanding of the impact of domestic violence, and providing programs and education that drive that change.

ncadv.org

 

[Seattle1]

Barry Morphew murder case: Live .22-caliber bullet found next to Suzanne Morphew’s bed after she disappeared

Law enforcement found a live .22-caliber round next to Suzanne Morphew’s bed and a needle cap used with a tranquilizer gun in the dryer of the home she shared with her husband in the days after she…

www.denverpost.com

August 23, 2021 at 5:29 p.m.

Investigators recovered empty darts, a needle used to inject tranquilizer chemical into the darts, and a dart gun in the house and in Morphew’s gun safe, Grusing testified. Investigators found a cap used to cover the injecting needle in the dryer at the Morphew’s house along with clothes and bedsheets from one of the couple’s daughters.

During cross-examination by one of Morphew’s attorneys, Dru Nielsen, Grusing also said they found no tranquilizer chemical in the house and that there was no way to know how long the cap had been in the dryer.

Morphew told investigators that he used the tranquilizer to shoot deer so he could harvest their horns. He said he didn’t know how the cap got into the dryer, Grusing said.

Rohrich testified that investigators found the live .22-caliber round near Suzanne’s side of the bed. He did not elaborate further on how the investigators think the round factors into the alleged crime, though Barry Morphew owned a .22-caliber gun. When cross-examined by defense attorney, Iris Eytan, Rohrich said investigators also found live rounds in the garage and in a box in Barry Morphew’s truck.

Investigators searched for Suzanne’s journal — which a friend said she kept — but it was never found. Rohrich said investigators found what appeared to be the remnants of a book’s binding in the home’s fireplace, along with fragments of paper. Morphew said he and Suzanne had been cleaning out filing cabinets that week, investigators testified.

 

[Trebor5591]

^^rsbbm
I disagree that the case was 'more weak' [weaker] during the preliminary but that the state failed to meet the burden after allowing CBI's Cahill to testify on the DNA in a manner that was not consistent with the evidence and/or how the witness was previously prepared by the prosecution. Seems to me that Cahill had his own agenda and it's unfortunate that his reputation was not better known to the prosecutor at the time. MOO

Just curious what the agenda you believe CBI's Cahill had in your opinion? And what is the reputation you say the prosecutor should have known about?

I ask because I am still trying to assemble the pieces of this case in my mind and I know nothing about CBI's Cahill or his reputation, except that he resigned his position because of an accidental discharge of his service weapon in which he injured his hand. Also he told internal affairs investigating his accidental discharge that BM was arrested by the sheriff way too soon, and that the case was not remotely ready to proceed. But I can not see how this statement (which appears to me to be true), translates into a hidden agenda and a "reputation". Just my opinion. Thank you!

 

[Trebor5591]

Barry Morphew murder case: Live .22-caliber bullet found next to Suzanne Morphew’s bed after she disappeared

Law enforcement found a live .22-caliber round next to Suzanne Morphew’s bed and a needle cap used with a tranquilizer gun in the dryer of the home she shared with her husband in the days after she…

www.denverpost.com

August 23, 2021 at 5:29 p.m.

Investigators recovered empty darts, a needle used to inject tranquilizer chemical into the darts, and a dart gun in the house and in Morphew’s gun safe, Grusing testified. Investigators found a cap used to cover the injecting needle in the dryer at the Morphew’s house along with clothes and bedsheets from one of the couple’s daughters.

I have tried to research any other crimes in which the victim was shot with a tranquilizer gun and then murdered after they passed out. I have found exactly "zero".

Can anyone else recall any murders involving a tranquillizer gun used to immobilize the victim?

 

[Boxer]

I can tell you what I wouldn't convict on:

--prosecution's Hanna-Barbera tranq gun theory (voluntarily withdrawn when they realized it's actually impossible with the alleged weapon)
--the dog handler's testimony (witness voluntarily withdrawn when prosecution realized he wasn't testifying how they expected--quite the opposite! For anyone curious, look it up in the case record. The handler is on police bodycam at the bike scene stating the dog followed her scent along the creek. Please think for yourself about the implications to the case with this one.)
--the idea that LE can pinpoint a suspect's location to the degree they can follow him around a residential property and re-construct a murder based on historical cell tower data in a semi rural area and/or GPS. Or even better, a timeline based on a truck events.

There's more, too much to list, but ultimately I never felt they had a coherent case beyond he was home at specific times, she disappeared, and there was marital discord. People harp on about his lies and inconsistencies, but the fact is every person lies or gets tripped up when interrogated, that's the entire point of it. Yes, innocent people do "lie" to cops all the time, it's why innocent people need representation most of all. He was questioned by local LE and FBI for what, 30 hours without an attorney present? The only noteworthy things about that are 1) he didn't stop before requesting an atty and 2) they didn't squeeze out a confession from him in all that time.

Nothing we saw prior to the trial would be enough, if I'm sitting on that jury, for me to convict on first degree murder and send someone to prison with LWOP and only one is needed. Hearsay and circumstantial evidence, sure, but circumstantial evidence can be painted any way you want. Combine it with confirmation bias and it's a bad mix. They need to find her remains, although I suspect any future prosecution will run into many of the same issues unless something more concretely damning is unearthed.

If someone can predict where DNA would be a problem, avoid leaving it, that leaves digital evidence.
BM has killed hundreds of animals so he has tremendous experience with the physical details of death.
This is why in MOO there is no DNA but a lot of digital evidence.

 

[Puzzles8]

I have tried to research any other crimes in which the victim was shot with a tranquilizer gun and then murdered after they passed out. I have found exactly "zero".

Can anyone else recall any murders involving a tranquillizer gun used to immobilize the victim?

I would be very interested to learn the topics of the true crime type podcasts that BM had listened to.

JMO

 

[Niner]

I'll shorten this up a bit.

Thursday, May 26th:
*Status Conference Hearing-Virtual (Voter Forgery) (@ 8:30am MT) - CO – Suzanne Renee Moorman Morphew (49) (missing May 10, 2020, did not return from bike ride (supposedly), Maysville, Chaffee County, not found) - *Barry Lee Morphew (53/now 54) arrested & charged (5/5/21) with 1st degree murder after deliberation, tampering with physical evidence & attempting to influence public servants. And additional charges (5/18/21) of tampering with a deceased human body & possession of a dangerous weapon (short rifle) & amended (5/18/21) to add domestic violence as sentencing enhancement. (BM is charged with murder & DV enhanced because Colorado does not provide for DV as an independent charge). The possession of a dangerous weapon (short rifle) charge has been severed from other charges. Plead not guilty. $500K Cash only bond. Bonded out on 9/20/21.
Trial was set to begin on 4/28/22 – Case was dismissed without prejudice on 4/19/22.
*Charged (5/13/21) with felony forgery of public records & misdemeanor elections-mail ballot offense. $1K Bond.
Felony forgery charges will be addressed after murder trial.
Missing info, Barry’s PP loan & court info from 5/10/21 thru 4/8/22 reference post #266 here:
https://www.websleuths.com/forums/t...ffee-co-10-may-2020-arrest-100.618686/page-14
4/11/22 Update: The prosecution filed a motion on Monday that asks the judge to reconsider his order in regard to experts Duge, Hicks, Hoyland & Stevens. The motion reads, "These experts & 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 & the ultimate cover up he perpetrated the day after & in the following months." The defense team's response to the court states, "The facts in this case are insufficient to reach a murder conviction & the stricken experts do nothing more than bolster uncorroborated theories & hunches the prosecution would like the jury to adopt in what would be a specious & wrongful conviction." Pretrial readiness conference hearing on 4/19/22.
4/19/22 Update: After months of uncertainty, unexplained DNA, the dismissal of most of 16 expert witness, two judges & a change of venue, DA Linda Stanley filed a motion to dismiss with prejudice the murder case against Morphew Tuesday morning just 15 minutes before the motion started. Excerpts from motion: "A dismissal without prejudice, or nolle prosequi, is a formal declaration of record by the prosecutor that the government will not prosecute the current case further. It is a discharge without an acquittal and is not a bar to a subsequent prosecution for the same crimes. A nolle prosequi order is not the final disposition of a criminal case, but leaves the matter in the same condition as before the charges were filed." "As an offer of proof, the People and law enforcement believe we are close to discovering the victim’s body. The People were hopeful that the search for, and the discovery of, the victim’s body would be concluded well before trial, but weather has complicated the efforts. Specifically, the area law enforcement has been focused on is in a remote and mountainous region nearby the Morphew residence. This area received a significant amount of snow over the winter months before a search could be completed. To date, the area has 5 feet of snow concealing the location where the People believe Ms. Morphew is located. As a result, the People cannot safely excavate this area and resolve this unanswered question." "Given the timing of this motion before trial, the Defense does not need to consent, and does not have standing to object. Morphew's defense attorney, Iris Eytan, argued in court that the case should be dismissed with prejudice, meaning it could not be refiled. She said DA was acting in bad faith to avoid sanctions over discovery violations. Judge did not go for that. The judge is reviewing. The judge has dismissed Morphew ‘s murder case against his wife Suzanne. Defense says the motion states prosecution says they possibly found a body, but too snowed in to search. Prosecution has a chance to refile, if they want. His ankle monitor taken off, passport returned & $500K bond revoked.
4/19/22 Update: Chaffee County Clerk said the forgery (mail in ballot offense), mail-in ballot misdemeanor & attempting to influence a public servant charges will NOT be dropped in the Morphew case. Morphew still faces three counts, two of them are felonies. They include: Forgery - government-issued document, Attempt to influence a public servant & Elections - mail ballot offense (misdemeanor).
4/26/22 Update: Voter Fraud: Morphew will appear virtually for a status conference on 5/26/22 @ 8:30am for allegedly submitting a presidential ballot for Suzanne & asking for immunity from the FBI. Count 5-Attempt to influence a public servant (F4). Between and including 5/10/20 & 5/5/21, Barry Lee Morphew unlawfully & feloniously attempted to influence Damon Brown, Chaffee County Sheriff's Deputy Lamine Mulenax, CBI agent Robin Burgess, chief investigator with the 11th Judicial District attorney's office Alexander Walker, CBI agent Joseph Cahill, CBI agent Derek Graham, Kenneth Harris & FBI agent 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.

 

[Kemug]

Must have been a damn raccoon! Opposable thumbs and all…

And into our zoo he goes!

 

[FromGermany1]

I have tried to research any other crimes in which the victim was shot with a tranquilizer gun and then murdered after they passed out. I have found exactly "zero".

Can anyone else recall any murders involving a tranquillizer gun used to immobilize the victim?

Man infamous for killing wife with horse tranquilizer in 1980 dies in Jackson prison hospital

An autopsy was to be completed, but authorities believe David Davis, 70, died Nov. 9 of congenital neuromuscular disease, corrections spokesman Chris Gautz said Tuesday, Nov. 18.

www.mlive.com

I sometimes vaguely thought of this crime, when we started to talk about the tranquilizer, which BM might have used. Just now I found at least this above about that crime.

 

[FromGermany1]

Morphew said he and Suzanne had been cleaning out filing cabinets that week, investigators testified.

HE cleaned his filing cabinets with taking his stuff to Broomfield to sort it out. He was late with it obviously.

This BM always comes up with an answer!

 

[Nikynoo]

I can tell you what I wouldn't convict on:

--prosecution's Hanna-Barbera tranq gun theory (voluntarily withdrawn when they realized it's actually impossible with the alleged weapon)
--the dog handler's testimony (witness voluntarily withdrawn when prosecution realized he wasn't testifying how they expected--quite the opposite! For anyone curious, look it up in the case record. The handler is on police bodycam at the bike scene stating the dog followed her scent along the creek. Please think for yourself about the implications to the case with this one.)
--the idea that LE can pinpoint a suspect's location to the degree they can follow him around a residential property and re-construct a murder based on historical cell tower data in a semi rural area and/or GPS. Or even better, a timeline based on a truck events.

There's more, too much to list, but ultimately I never felt they had a coherent case beyond he was home at specific times, she disappeared, and there was marital discord. People harp on about his lies and inconsistencies, but the fact is every person lies or gets tripped up when interrogated, that's the entire point of it. Yes, innocent people do "lie" to cops all the time, it's why innocent people need representation most of all. He was questioned by local LE and FBI for what, 30 hours without an attorney present? The only noteworthy things about that are 1) he didn't stop before requesting an atty and 2) they didn't squeeze out a confession from him in all that time.

Nothing we saw prior to the trial would be enough, if I'm sitting on that jury, for me to convict on first degree murder and send someone to prison with LWOP and only one is needed. Hearsay and circumstantial evidence, sure, but circumstantial evidence can be painted any way you want. Combine it with confirmation bias and it's a bad mix. They need to find her remains, although I suspect any future prosecution will run into many of the same issues unless something more concretely damning is unearthed.

BBM - I am in total agreement with you, especially in relation to your last point BBM. I am also curious how certain/exact cell data at PP is, bearing in mind lack of service.

 

[Scootie98]

I can tell you what I wouldn't convict on:

--prosecution's Hanna-Barbera tranq gun theory (voluntarily withdrawn when they realized it's actually impossible with the alleged weapon)
--the dog handler's testimony (witness voluntarily withdrawn when prosecution realized he wasn't testifying how they expected--quite the opposite! For anyone curious, look it up in the case record. The handler is on police bodycam at the bike scene stating the dog followed her scent along the creek. Please think for yourself about the implications to the case with this one.)
--the idea that LE can pinpoint a suspect's location to the degree they can follow him around a residential property and re-construct a murder based on historical cell tower data in a semi rural area and/or GPS. Or even better, a timeline based on a truck events.

There's more, too much to list, but ultimately I never felt they had a coherent case beyond he was home at specific times, she disappeared, and there was marital discord. People harp on about his lies and inconsistencies, but the fact is every person lies or gets tripped up when interrogated, that's the entire point of it. Yes, innocent people do "lie" to cops all the time, it's why innocent people need representation most of all. He was questioned by local LE and FBI for what, 30 hours without an attorney present? The only noteworthy things about that are 1) he didn't stop before requesting an atty and 2) they didn't squeeze out a confession from him in all that time.

Nothing we saw prior to the trial would be enough, if I'm sitting on that jury, for me to convict on first degree murder and send someone to prison with LWOP and only one is needed. Hearsay and circumstantial evidence, sure, but circumstantial evidence can be painted any way you want. Combine it with confirmation bias and it's a bad mix. They need to find her remains, although I suspect any future prosecution will run into many of the same issues unless something more concretely damning is unearthed.

"People harp on about his lies and inconsistencies, but the fact is every person lies or gets tripped up when interrogated"? "People harp"? "Every person"? I respectfully disagree on both points. Barry's lies and inconsistencies are voluminous, and central to the no-body evidence. Every person breathes....not every person lies.

 

[steeltowngirl]

The Webex is on for BM hearing.

 

[steeltowngirl]

Thursday, May 26th:
*Status Conference Hearing-Virtual (Voter Forgery) (@ 8:30am MT)
Judge Patrick Murphy court WebEx

IE saying filing motions and if they think ready to arraign, may need to set it over. “We don’t know if we have all of the discovery.” May arraign end of June 30. Mr Herlbert - no objection. Barry says June 30 at 9 am is good. IE says not in person. Barry will appear via webex. Motions to be filed by.. Need lead time to have Herlbert hear motions. Motions to be filed 6/27 per IE. Related to issues that IE stated at beginning of hearing (which I missed). Def. needs to file where his residence is. Per court order. He must disclose per recognizance bond. BM has no permanent address? Using IE‘s. He is being harassed. Went to get haircut and former FBI GRUSING shows up to ask questions.

When he gets permanent residence it must be disclosed, but may not be made public.

Next court appearance: June 30 - 9 am