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

[FromGermany1]

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.

Would also have been a good time to leave him! But she wasn't that cowardly; she wanted to come civilly to a consensus first.

 

[MountainDad]

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 th

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?

SD got a lawyer to create a conflict of interest, change in venue, and change in judge. Her trespass charge was then dropped. It served its purpose. Subsequently, Llama quit. Barry walked.

 

[rainbowshummingbird]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

 

[justtrish]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

No, this isn't a concern I have at this point. I think there are many passionate LE involved in this case, including the sheriff. This is a small town and I don't believe they will give up until they find her or some evidence that they can use. It might take longer than we all want for justice to be served, but I do believe it will be served.

 

[Warwick7]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

It has crossed my mind. Howver, my aunt used to always say: "There's never a road so long there isn't a turn in it." Exactly! The current situation is bound to change, eventually...and he will be charged.

 

[justtrish]

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.

I just meant maybe she discovered something shady in his business or with the gold trading or whatever it was he was doing. I think he skirted laws for a long time, but maybe there was just something specific she found and he knew she could use it as leverage against him. I know he is the only one with motive. I wish that spy pen had recorded something concrete and not just some arguing about money.

 

[Momofthreeboys]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

It is possible yes. There are 341 missing persons including Suzanne in NAMUS in Colorado alone.

 

[rainbowshummingbird]

It has crossed my mind. Howver, my aunt used to always say: "There's never a road so long there isn't a turn in it." Exactly! The current situation is bound to change, eventually...and he will be charged.

Thank you for this! I think I needed a reminder that this will be a long and winding road.

 

[BeckyF]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

Yes, I’m concerned.

 

[susiQ]

I just meant maybe she discovered something shady in his business or with the gold trading or whatever it was he was doing. I think he skirted laws for a long time, but maybe there was just something specific she found and he knew she could use it as leverage against him. I know he is the only one with motive. I wish that spy pen had recorded something concrete and not just some arguing about money.

Iirc, Suzanne said in a text that she would continue to do his invoicing. I don’t think she would have done that if there was something overtly illegal she could put her finger on. I wonder if Suzanne did his year end or if he had an accountant? I think his shady dealings were all done without her knowledge, although she suspected he was up to something for a long time, things he did not share with her. The Bare was king of HIS castle. His business was only HIS business.

I believe the prospect of all that coming to light during an investigation of the financials by a divorce attorney put the Bare in high gear. I think he suspected she was involved with someone named Jeff and that infuriated him too, but the exposure of his shady dealings AND the division of assets is what made him kill her. NOBODY was gonna take what HE worked for. He forgot Suzanne’s contribution to the household, raising two girls and caring for the home and family not to mention her sizeable inheritance. The Bare was an utter fraud by all accounts and he couldn’t risk that being exposed. JMHO

 

[CGray123]

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 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.

RSBM, BBM.

No one but Sheriff Spezze knows why this confident statement was made, but if it was made in good faith he would have had to be the source. I have a lot more confidence in him than in the current DA, so that gives me some hope SM's remains will be found and that there will be followup. If the statement was not made in good faith, I doubt there will be a state-level prosecution of BM.

IMO, anyone who has actually read the AA and observed the dialog on this thread between doubters and believers in the case against BM knows the arrest was supported by substantial evidence sufficient to convict and that the defense was all about illusion and confusion. The AA so convinced Chaffee County residents of BM's guilt that Judge L decided he couldn't get an impartial jury.

A large majority of Salida is firmly convinced of BM's guilt based on the AA. And that's not based on inadmissible evidence or any other misunderstanding. It's been rehashed here for a year now, and WSers have put together timelines, maps and other resources for members who are sincerely interested in knowing who the guilty party is, and why he was arrested.

My view that the case was filed prematurely is grounded in the same concerns CBI Agent Cahill expressed. The case needed to be prepared for trial: theory of the case lined up with each point supported by evidence in LE's possession - not on the way or anticipated; defense legal and evidentiary issues anticipated, researched, and rebutted; responsibility for witnesses assigned to attorneys who are committed to stay until the case is finished; I could go on but you will get my drift. The fact that this was not done before the arrest is a failure of organizational leadership that gives me little confidence in the DA for the 11th JD. Linda Stanley's continuing involvement in this case is by far the most significant reason to doubt the case will be prosecuted effectively.

The evidence to support the conviction of BM is already there, IMO. The U.S. Attorney could prosecute this case successfully, starting tomorrow.

But finding remains could foreclose the Gone Girl defense (which was a Hail Mary anyway) and perhaps provide direct evidence of BM's involvement and other aspects of the prosecution theory of the case. MOO

 

[CGray123]

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.

RSBM, BBM.

You are right to say that the evidence presented at the preliminary hearing was sufficient to bind BM over for trial, and that the judge did not find it sufficient to hold BM without bail. But the latter decision does not signify that the evidence was insufficient to convict BM, beyond a reasonable doubt.

The standard for finding "probable cause" in this context is not well defined anywhere, especially in Colorado. Most experts have a general sense that it's a preponderance of the evidence. But regardless how vague the standard is, no judge would bind a defendant over for trial if he did not believe it was possible for a reasonable, impartial jury to convict the defendant based on the evidence presented, if they found it credible and drew the inferences the prosecution advocated.

According to Jan Wondra of the Ark Valley Voice, that's what Judge Murphy actually said: "Is it possible that he would be convicted? Yes."

It's also true, however, that he said immediately thereafter, "But is it likely that he would be convicted? I find no." Judge Murphy could only deny BM bail if he found there was a fair likelihood that the defendant would be convicted at a trial applying highest standard proof - beyond a reasonable doubt. He granted bail because he could not make this finding.

But then, significantly IMO, he explained why he believed it was unlikely.

"Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. 'I think it is unlikely that she intentionally disappeared.'

He pointed out that “I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.” He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

“This is particularly significant...”

Jeff Lindsey had attempted to present the evidence at the prelim without using the experts who did the analysis, and E&N were able to sow confusion and mislead the judge on this point. In fact, the DNA was not from a person who has committed other sexual assaults and who would be a plausible alternative suspect.

Instead, it was a low-grade partial match to that person's DNA, a very different thing with different significance.

IMO, but for this error by an inadequately prepared prosecution (compounded by the judge allowing the defense to run out the clock, effectively precluding an opportunity for rebuttal), Judge M would have denied bail.

 

[girlhasnoname]

Omgee I am down in the Keys and I saw a BARE lookalike same tan lined face and blonde tips, he might have to get splashed just because

 

[susiQ]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

Personally, I’m not concerned about a refiling of the charges against BM. It may take some time as the prosecution need to get organized to ensure there is no repeat of the previous deficiencies. I think there is more than enough circumstantial evidence to convict “that man“ (not sorry you don’t like that term, IE) even without recovering the remains. We can be confident the prosecution has more evidence than we know that will come out during a trial.

Finding SM’s remains would be awesome for her family, even miraculous, however, who will LE release her remains to once LE are finished with forensics? I cringe to think that BM will have control over her burial and “celebration of life” if not already rearrested. I appreciate the need and right for the daughters to lay their mother to rest, but I envision “that man” excluding the Moormans from being part of the ceremony. He is a VERY cruel man and I can see him doing that. JMO

 

[Momofthreeboys]

RSBM, BBM.

You are right to say that the evidence presented at the preliminary hearing was sufficient to bind BM over for trial, and that the judge did not find it sufficient to hold BM without bail. But the latter decision does not signify that the evidence was insufficient to convict BM, beyond a reasonable doubt.

The standard for finding "probable cause" in this context is not well defined anywhere, especially in Colorado. Most experts have a general sense that it's a preponderance of the evidence. But regardless how vague the standard is, no judge would bind a defendant over for trial if he did not believe it was possible for a reasonable, impartial jury to convict the defendant based on the evidence presented, if they found it credible and drew the inferences the prosecution advocated.

According to Jan Wondra of the Ark Valley Voice, that's what Judge Murphy actually said: "Is it possible that he would be convicted? Yes."

It's also true, however, that he said immediately thereafter, "But is it likely that he would be convicted? I find no." Judge Murphy could only deny BM bail if he found there was a fair likelihood that the defendant would be convicted at a trial applying highest standard proof - beyond a reasonable doubt. He granted bail because he could not make this finding.

But then, significantly IMO, he explained why he believed it was unlikely.

"Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. 'I think it is unlikely that she intentionally disappeared.'

He pointed out that “I find the evidence and presence of unknown DNA in the glove box of her car, and that this person has committed other sexual assaults to be important.” He noted that the DNA found is linked to three other sexual assaults; two in Arizona and one in Chicago.

“This is particularly significant...”

Jeff Lindsey had attempted to present the evidence at the prelim without using the experts who did the analysis, and E&N were able to sow confusion and mislead the judge on this point. In fact, the DNA was not from a person who has committed other sexual assaults and who would be a plausible alternative suspect.

Instead, it was a low-grade partial match to that person's DNA, a very different thing with different significance.

IMO, but for this error by an inadequately prepared prosecution (compounded by the judge allowing the defense to run out the clock, effectively precluding an opportunity for rebuttal), Judge M would have denied bail.

Where I fall apart IS on the dna. Unknown DNA was reported to be on the bike, the helmet, the house as well as the car glovebox. I do not recall ever hearing the answer to the question was the unknown/known DNA that was ruled out only on the car glovebox and not the helmet, the bike and in the house? Was the other unknown DNA if it differed from the car glovebox also run through Codis and eliminated? If the same unknown DNA was on the car glovebox AND somewhere else what is the explanation for that. I think before they go to trial they need to have an explanation for any unknown DNA on the helmet at the least.

 

[CGray123]

Where I fall apart IS on the dna. Unknown DNA was reported to be on the bike, the helmet, the house as well as the car glovebox. I do not recall ever hearing the answer to the question was the unknown/known DNA that was ruled out only on the car glovebox and not the helmet, the bike and in the house? Was the other unknown DNA if it differed from the car glovebox also run through Codis and eliminated? If the same unknown DNA was on the car glovebox AND somewhere else what is the explanation for that. I think before they go to trial they need to have an explanation for any unknown DNA on the helmet at the least.

<modsnip: Personalizing>

IE is trying to sell the idea that to convict BM, you have to track down and exonerate everyone else who came in contact with her, her children, her husband, her house, her car, her bike, her helmet...

If this were the standard, there would be few convictions without a confession.

This argument is like her initial argument that without a dead body in evidence there can be no murder case. There is no case on this point as the judge observed, because it's nonsense, said in a loud and harsh tone of voice, for the purpose of impressing the client that his money is not wasted.

 

[mrjitty]

<modsnip: Personalizing>

IE is trying to sell the idea that to convict BM, you have to track down and exonerate everyone else who came in contact with her, her children, her husband, her house, her car, her bike, her helmet...

If this were the standard, there would be few convictions without a confession.

This argument is like her initial argument that without a dead body in evidence there can be no murder case. There is no case on this point as the judge observed, because it's nonsense, said in a loud and harsh tone of voice, for the purpose of impressing the client that his money is not wasted.

BIB - agreed

The DNA does nothing to answer the prosecution case. IE had sold a lie that DNA found in those places has evidential value. There is in fact no inference that can be drawn from it, as far as we know.

 

[GatorFL]

Is anyone else concerned that LE will not recover Suzanne’s remains and that they will not find new and significant evidence in this matter? The result of this being Barry is not recharged and he never suffers legal punishment for murdering Suzanne.

Yes. I don't think there is much evidence available, it was all circumstantial anyway. Without a body, they have nothing.

 

[GatorFL]

RSBM, BBM.

No one but Sheriff Spezze knows why this confident statement was made, but if it was made in good faith he would have had to be the source. I have a lot more confidence in him than in the current DA, so that gives me some hope SM's remains will be found and that there will be followup. If the statement was not made in good faith, I doubt there will be a state-level prosecution of BM.

IMO, anyone who has actually read the AA and observed the dialog on this thread between doubters and believers in the case against BM knows the arrest was supported by substantial evidence sufficient to convict and that the defense was all about illusion and confusion. The AA so convinced Chaffee County residents of BM's guilt that Judge L decided he couldn't get an impartial jury.

A large majority of Salida is firmly convinced of BM's guilt based on the AA. And that's not based on inadmissible evidence or any other misunderstanding. It's been rehashed here for a year now, and WSers have put together timelines, maps and other resources for members who are sincerely interested in knowing who the guilty party is, and why he was arrested.

My view that the case was filed prematurely is grounded in the same concerns CBI Agent Cahill expressed. The case needed to be prepared for trial: theory of the case lined up with each point supported by evidence in LE's possession - not on the way or anticipated; defense legal and evidentiary issues anticipated, researched, and rebutted; responsibility for witnesses assigned to attorneys who are committed to stay until the case is finished; I could go on but you will get my drift. The fact that this was not done before the arrest is a failure of organizational leadership that gives me little confidence in the DA for the 11th JD. Linda Stanley's continuing involvement in this case is by far the most significant reason to doubt the case will be prosecuted effectively.

The evidence to support the conviction of BM is already there, IMO. The U.S. Attorney could prosecute this case successfully, starting tomorrow.

But finding remains could foreclose the Gone Girl defense (which was a Hail Mary anyway) and perhaps provide direct evidence of BM's involvement and other aspects of the prosecution theory of the case. MOO

BBM. I agree with everything you said except the involvement of the US Attorney. You keep saying this but there is zero proof she was killed on Federal property. It would be highly unusual for a US Attorney to draw charges in a case like this, IMO.

 

[GatorFL]

According to Jan Wondra of the Ark Valley Voice, that's what Judge Murphy actually said: "Is it possible that he would be convicted? Yes."

It's also true, however, that he said immediately thereafter, "But is it likely that he would be convicted? I find no."

BBM. Even Judge Murphy knew there was not enough evidence to convict.