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

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  • #141
I'm sure BM's defense bill is in the six figures, but since this case didn't make it to the trial, realistically, how much did he spend?

Also, if he's arrested again, should we see a completely different AA? Does the DA need "new" evidence or something in addition to what they already have? This part has confused me.
BBM - my guess 300-500K

I would hope so - I guess if there is new evidence, any AA would be around that - with the some supporting (circumstantial) evidence that they already have. I hope that the next AA has the prosecution case tied up neatly with a bow on top - BUT, I am not holding my breath.
 
  • #142
  • #143
I'm sure BM's defense bill is in the six figures, but since this case didn't make it to the trial, realistically, how much did he spend?

Also, if he's arrested again, should we see a completely different AA? Does the DA need "new" evidence or something in addition to what they already have? This part has confused me.
It is my understanding that they will need new evidence to refile charges and obtain a new arrest warrant. But in a quick search I didn't find applicable law.
 
  • #144
I'm not sure even finding her body will be enough.

Maybe finding her body and turning the case over to a Denver prosecutor. Stanley will just blow it again if she refiles.
I bet, it will be a suicide, although homicide. :(
 
  • #145
I think the case is broken forever without substantial new evidence.

From the motion to dismiss: "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. This motion also protects the Defendant, as it spares him from a juries’ fast approaching, and potentially unfavorable, verdict. The Defendant’s bond would be discharged, and the case would be a nullity. In the event the case is refiled, the Defendant retains all of his rights to further litigation, and perhaps collateral estoppel on issues already decided. As such, the Defendant’s position would be no worse, and perhaps even stronger, should the case ever be refiled."

Thanks I forgot where I saw the estoppel information...it is important...if they find new evidence that directly ties to Barry Mophew and can get around potential estoppel that prevents them from using anything that contradicts from the original trial I have no doubt they will refile. But I think most legal pundits have told "us" that it isn't a near term thing right now. Simply finding her body won't be enough unless they can tie it to Barry in my opinion. It still doesn't preclude an abduction on surface despite circumstantial information already brought forth legally by prosecution in my opinion. It was a skinny case to begin with.
 
  • #146
  • #147
Thanks I forgot where I saw the estoppel information...it is important...if they find new evidence that directly ties to Barry Mophew and can get around potential estoppel that prevents them from using anything that contradicts from the original trial I have no doubt they will refile. But I think most legal pundits have told "us" that it isn't a near term thing right now. Simply finding her body won't be enough unless they can tie it to Barry in my opinion. It still doesn't preclude an abduction on surface despite circumstantial information already brought forth legally by prosecution in my opinion. It was a skinny case to begin with.
Yeah.

I was thinking about it earlier. I've said a few times how similar it is to the Casey Anthony case. One more thing I thought of: the sheer volume of talking that Barry (and Casey) did. Neither would shut up until charges filed. I wonder how many wild goose chases he sent the investigators on?
 
  • #148
Yeah.

I was thinking about it earlier. I've said a few times how similar it is to the Casey Anthony case. One more thing I thought of: the sheer volume of talking that Barry (and Casey) did. Neither would shut up until charges filed. I wonder how many wild goose chases he sent the investigators on?
I'm sure plenty. No guarantees this "latest" Suzanne is under 5 feet of snow is not a wild goose chase too. Barry was the king of bull sh*t. Chimpmunks and all sorts of things that may have had a kernal of truth but were also probably tall tales. Those that know him say he is an introvert so perhaps telling tales was his coping mechanism to "fit in" or relate to whomever he was interacting with socially. His messy truck and messy garage is intriguing also and difficult to compare that habbit with someone who meticulously covered up a crime scene. Just doesn't compute for me. I really, really wanted to hear those complete interviews because I couldn't get a sense of his personality just from one sided snippets.
 
  • #149
Two years ago, on Mother's Day, Suzanne was reported as a Missing Person although her body still has not been found. While I won't pretend to know what happened after she was killed, I am hopeful that this season of searching will finally lead to the discovery of where Suzanne was hidden.

This case upset me more than all I've followed with the exception of Abby and Libby's murders. I left WS for a couple of years after A&L's murders and have stepped away from Suzanne's murder, from time to time. The very thought of a man chasing his betrothed with a tranquilizer gun was so terrifying that it was nearly inconceivable, unthinkable, unbearable. Yet we know by the evidence garnered that Barry stalked, hunted, then chased after his wife as if she were a trophy in the mountains. Suzanne did not go down easy. Deep fingernail marks were made on her husband's arm as she fought for her life.

The second most common cause for a partner to be murdered is in order to gain. Cui bono? Who benefitted the most by Suzanne disappearing?

@ 1:00

"I just love my girls" Barry says while shaking head in affirmation.
"And, I love my wife. And, I just want her to be found" Barry says while shaking his head side to side with negative connotation.

@ 1:06 his eyebrows are raised but the grief muscle between them is smooth for there is no grief in him.

moo

Wow, just wow..Did not want to watch and wish I hadn't. I have nothing nice to say about the 3 of them scripted and pathetic...so I will just carry on. Disturbing on way too many levels.

MOO
 
  • #150
I'm sure plenty. No guarantees this "latest" Suzanne is under 5 feet of snow is not a wild goose chase too. Barry was the king of bull . Chimpmunks and all sorts of things that may have had a kernal of truth but were also probably tall tales. Those that know him say he is an introvert so perhaps telling tales was his coping mechanism to "fit in" or relate to whomever he was interacting with socially. His messy truck and messy garage is intriguing also and difficult to compare that habbit with someone who meticulously covered up a crime scene. Just doesn't compute for me. I really, really wanted to hear those complete interviews because I couldn't get a sense of his personality just from one sided snippets.
ITA, hearing those 30 hours of conversations would be gold.

If the 5 feet of snow is a tidbit from his mouth then I am pretty sure it is a wild goose chase.
 
  • #151
Without knowing where she expired, in other words did she die on Federal land, I don't see any US Attorney filing charges in this case. JMO.
Happens all the time. Murder victims turn up where they turn up. LE doesn't know where they actually died, but if the body turns up in your jurisdiction, you take the case.

The Feds always want to be able to recite a public policy reason for the decision, but that isn't hard when they want to do it. They would not want to get crosswise with the locals however - they'd want Spezze and Stanley to support it, and it wouldn't hurt if the local community spoke favorably, too.
 
  • #152
IMO the scene was set up to look like on Sunday morn SM was supposedly about to feed the cat, while having her cup of coffee, and was abducted.

Incredible how she managed to feed a cat and drink half a coffee whilst on a bike ride - moo
Barry's overthinking something

Ebm for clarity
 
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  • #153
Someday, alongside recognizing all forms of domestic violence as criminal, I hope we see a parallel awareness of domestic violence against children, for the children caught in their parents' domestic violence. Like thick second hand smoke, invisible but so very toxic.

LS (either one) isn't the enemy. LE isn't the enemy. A parent who steals a parent away from children and then blocks them from the support of the community, from the natural flow of grief and process -- that's just evil.

I wish that could be an add-on charge.

It is cruel beyond words.

JMO
I actually think this type of domestic violence is far more damaging than physically being pushed, slapped, hit, held down, chocked, etc. I believe most all of us understand that any of those things is wrong and violence. Sometimes we internalize it and think we (as in general we) deserve it or provoked it, or whatever else we say to make it "okay". Later we can think through things and pick out that physical attacks on us is violence and wrong.

When someone is controlled with money, with manipulation, with the silent treatment, or these mind games where a person attempts to get a desired outcome by withholding something or doing something to hurt the other person without physically assaulting them, then we have to somehow sift through all that and come to the conclusion it's abuse. So much of it can change how we operate in the world slowly whittling away at who we are and replacing it with a person that walks on eggshells or who acts in ways not true to who they are so they avoid the undesired actions of the other person. Children often internalize this stuff as "if I just behave, if I am good enough, then this person will not do that" and often feeling like it's their fault or they can somehow change another persons behavior. It can leave life long imprints on a child that are hard to untangle later. In many ways I think it's easier to accept the physical abuse is just plain wrong and it's much harder to come to the conclusion that the manipulation and control type abuse is actually abuse.
 
  • #154
Finding the body would clearly be significant new evidence that would mean the prosecution can go back to Court with clean hands - i.e. no suggestion of abuse of process or judge shopping.

Especially they could now prove beyond any doubt 1) death and 2) murder and potentially 3) mode of murder - even before you get to what circumstantial/forensic evidence might link Barry to the body.

The question of whether sanctions would carry over would no doubt be appealed by whichever side lost at first instance at trial.

Personally I suspect if the body was suggestive of BMs guilt, the court would be unlikely to hold the sanctions still have force - their purpose having been served.
 
  • #155
But why even mention the missing bike if he staged the potential abduction from home scene? Sorry, I'm not following the thinking on this?

For the same reason he went out a second time to stage the cycle helmet. We try to imply logic in reverse engineering the staging, when often the killer, tired, at 3am, under huge psychological pressure, does something completely illogical.

I don't know exactly what he staged at the house, but I do know various elements of his staging don't fit logically, because he messed up a lot of things after he disposed of the body.
 
  • #156
Gruising didn't fail. It is only a temporary set back....
Totally agree, he didn't fail, not at all. A man like Barry was not going to admit to anything and certainly not murdering his wife. He was playing a game and in doing that, he kept giving little bits that I think Gruising used masterfully to get as many lies as he did, but while still making Barry feel like Grusing believed him, As ridiculous as all his lies were Barry continued to talk thinking Grusing believed every one of them. You can't push a man to admit to a murder when you don't even know a murder has taken place. If they had her body, then sure Grusing could say, we know you killed her, but if he started saying stuff like that to push Barry into a corner, there is zero leverage there. They had no body to point to and say to him, you did this. They had to keep Barry talking and using the line that they were auditing the file and going over it all again and then feeding him some small inconsistencies got him to "remember" he did this or that and it clearly showed his lies all while keeping Barry confident that they were just tying up loose ends.
 
  • #157
but why the storys about the bike ride? how does that fit?
Maybe Bury wanted LE to think the abductors set up the bike scene.
 
  • #158
* did LE get a warrant to check WA activity on Suzanne's account?

RSBM

WA is end to end encrypted - that is why it's become the preferred side channel for business, politics etc

You can't get a warrant to access the content because WA don't have it.
 
  • #159
Maybe Bury wanted LE to think the abductors set up the bike scene.
Well, then it was exceedingly helpful of him to take it out of Suzanne's car for them and also some kind of special courtesy on his part to swing by the ravine at 4am.

Guess he should've grabbed her sunglasses and water bottle for the other guy.

Oh, Barry.

JMO
 
  • #160
You don't have a Gone Girl argument if the jury can see the girl's dead body and hear expert testimony that she was poisoned. No body cases rely upon inferences from circumstances to prove the victim is dead, so the defense can at least argue the point to the jury as to whether the inference is reasonable. To that extent, I can agree that the case against BM is not as solid as most other DV cases.

I find the evidence that SM is dead compelling, and once you get past that point the evidence in this case of motive, means and opportunity are as strong as you get, short of a confession.

I don't think LE is relying on any breadcrumbs offered up by BM in making the strong statements about SM's remains they made in the MTD. They believe she is in a remote location in the mountains around Salida - I'm guessing about 10,000 feet elevation. At that altitude in Colorado, the rate of decomposition of the remains will have been slowed quite a bit. LE may well be able to detect tranquilizer or other drugs, and external evidence of injury, choking, etc. If she's in a container, that could be linked to its owner.

In sum, finding SM is not necessarily "just finding the body." It's finding a treasure trove of evidence that may, in itself, be sufficient to refile the case.

And I bet LE has trail cams all over that place, and along the access routes leading to it.
 
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