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

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  • #41
  • #42
I just want to point out that SM sent her "I'm done... " text and BM responded on May 6 rather than May 8.

Also, good catch on all IE's "I believe..." claims about prosecutorial misconduct.

Based on substance as thin as "I believe," I would think it a steep uphill climb to EITHER motivate a judicial investigation into prosecutorial misconduct OR succeed in a civil suit to require the State "pay Barry for the irreparable harm..." Judge Murphy found sufficient cause for trial based on the evidence presented in the AA and at the preliminary hearing, even as he also stated that some of the evidence included in the AA would not be admissible at trial (so presumably was appropriately discounted in his decision to hold over for trial).
Take note that all this talk by IE in regards to the civil suit arena is born of the untested, newly enacted Colorado law, effective Sept 2020 (passed in the wave of police reform after George Floyd's death), banning qualified immunity of law enforcement, allowing individuals and families to personally sue law enforcement officers for civil rights violations.

In IE's earlier interview a few days ago with local Westward, IE provided she worked on legislation last year that would allow defendants to personally sue Prosecutors but the bill failed to gain momentum-- which she's no doubt trying to correct using the Morphew case to create political awareness and reintroduce the bill.


Just this June, the Colorado legislature expanded its ban on qualified immunity to include Highway Patrol troopers and Colorado Bureau of Investigation officers.

Also, see public integrity violations:


SECTION 13. In Colorado Revised Statutes, add 24-31-113 as follows: 24-31-113. Public integrity - patterns and practices.

IT IS UNLAWFUL FOR ANY GOVERNMENTAL AUTHORITY, OR ANY AGENT THEREOF, OR ANY PERSON ACTING ON BEHALF OF A GOVERNMENTAL AUTHORITY, TO ENGAGE IN A PATTERN OR PRACTICE OF CONDUCT BY PEACE OFFICERS OR BY OFFICIALS OR EMPLOYEES OF ANY GOVERNMENTAL AGENCY THAT DEPRIVES PERSONS OF RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR THE STATE OF COLORADO.

WHENEVER THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME OF THE STATE OF COLORADO, MAY IN A CIVIL ACTION OBTAIN ANY AND ALL APPROPRIATE RELIEF TO ELIMINATE THE PATTERN OR PRACTICE. BEFORE FILING SUIT, THE ATTORNEY GENERAL SHALL NOTIFY THE GOVERNMENT AUTHORITY OR ANY AGENT THEREOF, AND PROVIDE IT WITH THE FACTUAL BASIS THAT SUPPORTS HIS OR HER REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED. UPON RECEIPT OF THE FACTUAL BASIS, THE GOVERNMENT AUTHORITY, OR ANY AGENT THEREOF, HAS SIXTY DAYS TO CHANGE OR ELIMINATE THE IDENTIFIED PATTERN OR PRACTICE. IF THE IDENTIFIED PATTERN OR PRACTICE IS NOT CHANGED OR ELIMINATED AFTER SIXTY DAYS, THE ATTORNEY GENERAL MAY FILE A CIVIL LAWSUIT.
 
  • #43
Agent Grusing "interviewed" him for 30 hours supposedly. Some of it in the AA. It all seemed rather cordial, with no interrogation or confrontation. Not enough info/evidence from those interviews for a trial.
IDK JMO that Grusing was patiently waiting for information from his interviewee which may or may not have been related to BM's murder of Suzanne. I still think Bury was involved in other crimes and may have made his "living" in such a way. ''If I open up my life to you". MOO I also suspect Bury had some kind of substance abuse issue. MOO
 
  • #44
The motion to dismiss makes strong statements about the need and desire to find SM's remains, so it lends itself to this belief.

Where would this be? According to the motion, the remains are believed to be located in an area:

1. In a remote and mountainous region nearby the Morphew residence,

2. where a search was commenced in 2021,

3. that received a significant amount of snow over the winter months before the search could be completed, and

4. which, as of mid-April, had 5 feet of snow concealing the specific location where investigators believe Ms. Morphew is located.

This seems to speak of a very specific location to be searched as soon as conditions permit. I credit Sheriff Spezze with being sincere and honest when he says LE remains committed to this case, and that includes the search for SM's remains.

I've been through Salida several times on the way to Monarch and beyond. But I haven't been recently, and I don't know the area well enough to have an idea about this location. Does anyone else have any thoughts?
I am curious as to what "new" information they may have learned at this relatively late stage that makes them concentrate on a specific area.

During the timeframe at the end of December and early January the area received a huge snowfall. My daughter and family were skiing at Crested Butte and received over 100 inches of snow the week they were there. Very treacherous over Monarch Pass at the time.

Salida is approx. 7100' elevation. Puma Path residence is approx. 8700' elevation. There are several jeep/ATV trails in the higher elevations directly south of the Puma Path residence location with elevations just over 10,000'.
 
  • #45
Take note that all this talk by IE in regards to the civil suit arena is born of the untested, newly enacted Colorado law, effective Sept 2020 (passed in the wave of police reform after George Floyd's death), banning qualified immunity of law enforcement, allowing individuals and families to personally sue law enforcement officers for civil rights violations.

In IE's earlier interview a few days ago with local Westward, IE provided she worked on legislation last year that would allow defendants to personally sue Prosecutors but the bill failed to gain momentum-- which she's no doubt trying to correct using the Morphew case to create political awareness and reintroduce the bill.


Just this June, the Colorado legislature expanded its ban on qualified immunity to include Highway Patrol troopers and Colorado Bureau of Investigation officers.

Also, see public integrity violations:


SECTION 13. In Colorado Revised Statutes, add 24-31-113 as follows: 24-31-113. Public integrity - patterns and practices.

IT IS UNLAWFUL FOR ANY GOVERNMENTAL AUTHORITY, OR ANY AGENT THEREOF, OR ANY PERSON ACTING ON BEHALF OF A GOVERNMENTAL AUTHORITY, TO ENGAGE IN A PATTERN OR PRACTICE OF CONDUCT BY PEACE OFFICERS OR BY OFFICIALS OR EMPLOYEES OF ANY GOVERNMENTAL AGENCY THAT DEPRIVES PERSONS OF RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR THE STATE OF COLORADO.

WHENEVER THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME OF THE STATE OF COLORADO, MAY IN A CIVIL ACTION OBTAIN ANY AND ALL APPROPRIATE RELIEF TO ELIMINATE THE PATTERN OR PRACTICE. BEFORE FILING SUIT, THE ATTORNEY GENERAL SHALL NOTIFY THE GOVERNMENT AUTHORITY OR ANY AGENT THEREOF, AND PROVIDE IT WITH THE FACTUAL BASIS THAT SUPPORTS HIS OR HER REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED. UPON RECEIPT OF THE FACTUAL BASIS, THE GOVERNMENT AUTHORITY, OR ANY AGENT THEREOF, HAS SIXTY DAYS TO CHANGE OR ELIMINATE THE IDENTIFIED PATTERN OR PRACTICE. IF THE IDENTIFIED PATTERN OR PRACTICE IS NOT CHANGED OR ELIMINATED AFTER SIXTY DAYS, THE ATTORNEY GENERAL MAY FILE A CIVIL LAWSUIT.
Explains a lot about the specific language IE has used in her interviews as well as in the courtroom (with her recurrent claims about unconstitutionality).

Crafty one, she. Makes one wonder who recommended her to BM.
 
  • #46
Explains a lot about the specific language IE has used in her interviews as well as in the courtroom (with her recurrent claims about unconstitutionality).

Crafty one, she. Makes one wonder who recommended her to BM.
E & N negotiated the plea agreement of a lifetime for Patrick Frazee's accomplice Krystal Keeney so I don't think BM had to look very hard -- especially since PF and his helper also disappeared KB's body which was never recovered.
 
  • #47
IDK JMO that Grusing was patiently waiting for information from his interviewee which may or may not have been related to BM's murder of Suzanne. I still think Bury was involved in other crimes and may have made his "living" in such a way. ''If I open up my life to you". MOO I also suspect Bury had some kind of substance abuse issue. MOO


I think he may have had some other serious issues. One of SM complaints was that he ‘threatened to jump out of the car’, and that he was Jekyll and Hide, both are Symptoms that may be connected to bi-polar disorder, as are violent rages.
 
  • #48
I think he may have had some other serious issues. One of SM complaints was that he ‘threatened to jump out of the car’, and that he was Jekyll and Hide, both are Symptoms that may be connected to bi-polar disorder, as are violent rages.
Agree. MOO
 
  • #49
E & N negotiated the plea agreement of a lifetime for Patrick Frazee's accomplice Krystal Keeney so I don't think BM had to look very hard -- especially since PF and his helper also disappeared KB's body which was never recovered.
What happened to Dru? Why isn't she appearing in any interviews, or have I missed that?
 
  • #50
What happened to Dru? Why isn't she appearing in any interviews, or have I missed that?
I recall DN appeared during Webex and only a couple of times in person after the PH. IMO, if she is/was pregnant, the long drive to Salida may have proved inconvenient if not uncomfortable. Iris proved herself capable to stand alone while BM probably appreciated saving on the legal fees.
 
  • #51
No doubt in my mind either.

You know... you just have to wonder if the man feels any guilt at all, not only for what he did to Suzanne, but the massive lie his girls (and probably his family) believe, and how devastated they'll be when the truth of his actions finally does come out. Or, is it possible he's crossed that line and he's already convinced himself he's innocent?

I feel some detachment in BM, maybe this is why, when he talks to men, he is trying to “fit in”. You can even see it in the conversation with Tyson D. One can not assume how he feels about Suzanne. However, if I were given one bet, one guess, I’d say, there is no guilt because Barry has detached himself from all feelings and memories of Suzanne. Just my observation, and not a statistical study, but one might easily meet emotionally detached people among “adrenaline junkies”, such as racers, or amateur pilots. (Barry is a hunting junkie). His voting fraud denotes the same emotionlessness. JMO.
 
  • #52
I am curious as to what "new" information they may have learned at this relatively late stage that makes them concentrate on a specific area.
I do not think we can take the claim of new information as necessarily credible. We can't exclude that they simply have no idea. "New information" can mean anything including barely credible speculation.
Lets not forget that while there lots of competent and dedicated law enforcement, investigators and prosecutors, the ones in this case have no record of competence in this case.
Sure, it is a difficult case. For observers all the more frustrating because we all know he killed her. On top of that the killer is not an evil genius, but essentially an idiot.
Not being able to find the body, possibly not ever, is not surprising given the landscape. But the investigators and prosecutors have SCREWED this case up in a dozen way and it is irretrievable without the body. It is possible the investigators and prosecutors are just hoping to push the case out with (another) "we will soon find the body,", to a time when there will be less public outcry over them screwing it up.
 
  • #53
... (Barry is a hunting junkie)....
Tens of millions of Americans hunt and never hurt anyone. There is exactly zero evidence that people who hunt commit more crimes, in fa the data suggest the opposite. Most US murders occur in urban areas, perpetrated by lifelong urban persons and where no one hunts. There is literally no connection. The only relevance of his hunting is possibly some degree of skill at being familiar with the outdoors, again something that half the country has.
I've been working in Washington DC the last 12 months, plenty of murders, including domestic violence ones, quite a few unsolved.
This is almost certainly standard domestic murder, which is sadly so common that every kind of man of every kind of background can do. Waht makes it notable is that the victim is photogenic, and simply because of where they lived, the terrain there, and because of outright barney Fife bumbling, the body has not been found.
The vast majority of men don't kill their wives, nor ever come close to harming their wives. But those who do run the entire gamut of station, behaviors, habits and hobbies.
 
  • #54
I do not think we can take the claim of new information as necessarily credible. We can't exclude that they simply have no idea. "New information" can mean anything including barely credible speculation.
Lets not forget that while there lots of competent and dedicated law enforcement, investigators and prosecutors, the ones in this case have no record of competence in this case.
Sure, it is a difficult case. For observers all the more frustrating because we all know he killed her. On top of that the killer is not an evil genius, but essentially an idiot.
Not being able to find the body, possibly not ever, is not surprising given the landscape. But the investigators and prosecutors have SCREWED this case up in a dozen way and it is irretrievable without the body. It is possible the investigators and prosecutors are just hoping to push the case out with (another) "we will soon find the body,", to a time when there will be less public outcry over them screwing it up.
Its also possible the DA threw the case.
 
  • #55
RSBM Thanks @Cindizzi
“I’ve never seen prosecutorial misconduct this egregious in my entire career,” defense attorney Iris Eytan said. “I will file a request for investigation because I believe they withheld exculpatory information which would have pointed toward Barry’s innocence. I believe they concealed evidence and I believe that they manufactured evidence in this case.”

She “believes”. So, what was concealed? What was manufactured? The circumstantial evidence is mostly electronic Pings, telematics, CCTV, and information obtained from computer programs (pics) and texts. Am I to think the Sheriff’s office had secret access to the cloud and the ability to backdate and add information ?) Did they themselves insert the conversation the DAY BEFORE HER DEATH “I’m done I could care what you’ve been up to for years. We just need to figure this out civilly," she texted her husband on the morning of May 8. Later on that afternoon...... investigators described Barry Morphew as suicidal. "I promise you are wrong about all the crazy thoughts about me," he texted at around 3:52 p.m. that day. "Only a fool would stray from an angel like you. When I'm dead, which won’t be long, you guys will be taken care of.”'

Or was everyone who turned over information conspiring with Chaffee County, to frame Barry?? That would be quite something. Maybe it was text inserted by an unhappy Apple employee. Oddly the electronic information does have an eyewitness so to speak. It is Barry himself who confirms most of it. Chasing chipmunks, following elk, looking for a weeks old dead turkey, he thought she was having an affair...

“Eytan accused the investigation of being so fixated on Morphew as his wife’s murderer, they have only searched in areas where he could have hid her body instead of considering other options.”

Not a word, or sighting by family, friends, or lover in over two years. Didn’t acknowledge her father’s death. Hasn’t used her passport and has no substantial assets. No ID, it was left behind with the money in her wallet.

Please IE share your wisdom, where do you suggest?


“Instead of looking where Barry might have murdered her they need to look where Suzanne might have been abducted," Eytan said. "Talk about garbage. That’s what this case is. Garbage in. Garbage out.”

Yep, at least 5 trips by Barry. Nobody can speak better garbage than your client, Iris.

Eytan said the investigation didn’t sufficiently follow up on unidentified DNA discovered on Suzanne Morphew’s bicycle, on her bike helmet or in her car. A tracking dog brought into the case followed her scent to an area of the Arkansas River, which was never explored. Investigators found a half of a cup of coffee on the counter the day she went missing and a bowl of cat food waiting to be put in a dish at the family home.

We all know that the DNA and dog scent is absolute bull$🤬🤬🤬 and so does Iris but she continues to spew her nonsense. Talk about garbage

Perhaps that’s where a “Bowl of cat food” waiting for dish comes in, It's Iris speak!



@Knox...but, but, but....makes too much sense. Do you think the cat may have drank the coffee? Hmmm

…not before she (the cat) dragged Suzanne up the hill.

And seriously, Barry is guilty as sin.

Iris Eytan merely did her job, to pull BM out of the cell, very well. She is worth her price. (Of course, one wonders if the judge showed enough impartiality). It doesn’t mean the world should believe BM is innocent. He simply walks free.
 
  • #56
Tens of millions of Americans hunt and never hurt anyone. There is exactly zero evidence that people who hunt commit more crimes, in fa the data suggest the opposite. Most US murders occur in urban areas, perpetrated by lifelong urban persons and where no one hunts. There is literally no connection. The only relevance of his hunting is possibly some degree of skill at being familiar with the outdoors, again something that half the country has.
I've been working in Washington DC the last 12 months, plenty of murders, including domestic violence ones, quite a few unsolved.
This is almost certainly standard domestic murder, which is sadly so common that every kind of man of every kind of background can do. Waht makes it notable is that the victim is photogenic, and simply because of where they lived, the terrain there, and because of outright barney Fife bumbling, the body has not been found.
The vast majority of men don't kill their wives, nor ever come close to harming their wives. But those who do run the entire gamut of station, behaviors, habits and hobbies.

Hunting is an evolutionary behavior, that grew out of necessity, to feed oneself and the family. All carnivores hunt. My grandpa was a hunter, and at one point, it helped family survive. Here, too, I suspect an elk could feed a family through the winter. But Barry doesn’t shut up about his hunting. Even when he talks about his daughter, it is about her chasing the turkey. Or 84 chipmunks he allegedly killed, is this what an average American family does? I seriously doubt it. It is not the need to feed the family. It is Barry’s constant need for adrenaline rush, because weaker, average emotions may not be registered otherwise.
 
  • #57
IDK JMO that Grusing was patiently waiting for information from his interviewee which may or may not have been related to BM's murder of Suzanne. I still think Bury was involved in other crimes and may have made his "living" in such a way. ''If I open up my life to you". MOO I also suspect Bury had some kind of substance abuse issue. MOO
I agree.
Based on an interview I watched, Grusing notably got real-world, deep dive, first hand exposure to the inner workings, mannerisms and justifications of a deeply disturbed serial killer by the name of Scott Kimball. This insight definitely contributed to Grusing’s successful career as an FBI Agent IMO. He knows what to look for and time/pace himself when interviewing these murderers to sniff them out. I feel he sensed there was more to BM beyond the murder of his wife and was extracting as much as he could based on his instincts and training. What that could possibly be is yet to be brought forward, but based on MOO of BM’s behavior and personality, I feel there is more there.

IMO MOO
 
  • #58
Suzanne was the adult in that family.
 
  • #59
No doubt in my mind either.

You know... you just have to wonder if the man feels any guilt at all, not only for what he did to Suzanne, but the massive lie his girls (and probably his family) believe, and how devastated they'll be when the truth of his actions finally does come out. Or, is it possible he's crossed that line and he's already convinced himself he's innocent?
I honestly don’t believe BARE feels anything for anyone but himself. His ”God” let him disappear Suzanne so no guilt there IMO.

I do think he’s worried about another arrest…and he should be.

MOO
 
  • #60
I do not think we can take the claim of new information as necessarily credible. We can't exclude that they simply have no idea. "New information" can mean anything including barely credible speculation.
Lets not forget that while there lots of competent and dedicated law enforcement, investigators and prosecutors, the ones in this case have no record of competence in this case.
Sure, it is a difficult case. For observers all the more frustrating because we all know he killed her. On top of that the killer is not an evil genius, but essentially an idiot.
Not being able to find the body, possibly not ever, is not surprising given the landscape. But the investigators and prosecutors have SCREWED this case up in a dozen way and it is irretrievable without the body. It is possible the investigators and prosecutors are just hoping to push the case out with (another) "we will soon find the body,", to a time when there will be less public outcry over them screwing it up.
Wow, another Sleuther who thinks exactly like me. Great post.

From her first press conference, I told people here that Stanley was in way over her head and I had a barrage of responses that she was experienced and this was a slam dunk case.

I came to WS during the Casey Anthony case. I knew she was going to get off. Similar scenario back then: little evidence (although they did have the body, found literally right around the corner from her house) but no solid evidence connecting her to the murder.

Point is, law enforcement and prosecutors better have all their ducks in a row before charging a highly circumstantial case. From what I've seen, Iris Eytan is 10x the lawyer that Jose Baez is, and Baez made the Orange County Prosecutors Office look like fools, and that was in trial. Iris didn't even need a trial to make Linda's office look like fools. Linda herself in the motion to dismiss indicated the expert witnesses would likely be out in a future charging of Barry. She screwed this case up beyond repair.

Just IMO, but I will be shocked if they find Suzanne's body. Barry is an experienced outdoorsman and earth mover. I think the mines are a red herring. He could have stashed her in a million places, 3-4 feet down under an out of the way rock pile, and nobody could ever find her.

I'll say it again, the people in Linda's district should be outraged at her performance in this case. I predict a Judgeship for her in the next few years, same as Jeff Ashton.

All MOO.
 
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