Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #103

[Momofthreeboys]

Yes that is the way I understood it. I have never seen anything otherwise on this forum. Hopefully @MassGuy will chime in since the OP was referring to him representing something different in her post. I believe LE referred to that picture sent to JL as the last proof of life photo.

Re the brown towel : IIRC I noticed when BM put the house on the market for sale that in the initial pictures there were brown hand towels in one of the bathrooms. I specifically remember them because they did not look like they belonged in a 1.7m house - threadbare and kind of ugly ( just my taste no judgements) - I think they were probably part of a set and Suzanne had the brown bath towel wrapped around her that day of the pic. So yes I tie the brown towel that was never found back to the house. ( On the final real estate listing I think different pics were used ?) JIMO

I believe the photo was sent at the time indicated in court documents. I am not convinced she took the photo that day and never was. But…we have not seen a photo of Suzanne closer to the day she disappeared to compare so will just wait out for any more facts that might surface over the course of time.

 

[Seattle1]

I wonder if, for example, LS ( Lauren) would be able to approach Sheriff Spazee and ask for an update on the search. Obviously LS (Linda) can’t be directing anything until her law license is reinstated.

LS has a record of responding to comments, suggestions addressed to her on Twitter, FB, etc. @BeckyF, I think it's a great suggestion to forward to LS.

 

[BeckyF]

LS has a record of responding to comments, suggestions addressed to her on Twitter, FB, etc. @BeckyF, I think it's a great suggestion to forward to LS.

I will do that.

 

[Momofthreeboys]

Please define OP's meaning of:

"a false tip or more false bravado by the DA."

Given that including the reference to searching an area under 5 ft snowpack, made in good faith, was completely unnecessary for the court to grant the motion for dismissal without prejudice, this comment by OP makes no sense.

Unless the purpose is just to take a jab at the DA.

It's a fact that the DA has some well-defined issues of non-compliance on her record, that stand on their own, but I don't understand how making up factually irrelevant reasons, pursuant to dismissal, seemingly just to take jabs at the DA, will advance the case, or add anything positive to the discussion. JMO

ETA: I'm following a couple of cases where "false tips" are a matter of life and death.

The search for a lost hiker in Wyoming (still missing) was impacted when a woman gave a false tip to investigators that she talked to the hiker on the date he was reported missing -- providing that he was headed to a specific location to jump off his favorite rock into the water, and the conversation never happened.

More recently, a missing boy's mother was given a false tip that her son dined in a tavern located in a different state, and the witness waited more than a week to recant after phone records did not place him in the area.

Facts matter.

False information in search for missing hiker results in restitution and five-year ban from Grand Teton National Park - Grand Teton National Park (U.S. National Park Service)

www.nps.gov

A “false” tip would be a tip called in bad faith or a tip that does not pan out. False bravado would be a statement made without conviction. Let us hope neither prove to be true.

 

[justtrish]

All of this above and why did he take her charger? For a stranger abductor they would also have to be at the house. If an abductor made it into the the house, why bother to stage the bike?? To fool who? The usual MO is to get away as fast as possible, not hang around a crime scene/kidnapping.

Did they really drive to a town with a population of 110 people in hopes of finding a woman alone on Mother's day and randomly find Suzanne ?

This really is the puzzling thing about a stranger abduction scenario. Suzanne would have had to bike when she usually didn't, without her usual items AND take her phone charger along, but not her water?

Also, on Mother's Day when a mother would really be missed (well for a typical family that is say spending mothers day with their mother/wife/mother of their children) a random person finds her in the middle of nowhere?

No no no.. didn't happen. The stranger abducting her from her house and then staging her bike ride is even more ridiculous than her actually riding the bike at the wrong time, without the proper stuff that day. What stranger stages a bike ride? People stage things to throw police off. Nobody would have been on to a stranger in the first place unless that stranger left DNA or prints somewhere or there was an eyewitness.

 

[Seattle1]

I believe the photo was sent at the time indicated in court documents. I am not convinced she took the photo that day and never was. But…we have not seen a photo of Suzanne closer to the day she disappeared to compare so will just wait out for any more facts that might surface over the course of time.

^^bbm

I don't think LE could be more clear that SM's last proof of life photo was in fact taken on her last day. Last means last.

"....where the towel Suzanne was lying in her last photo on might be located (not recovered at the house);...

BM was represented by one of the finest defense teams in the state. I trust that if the metadata for the last proof of life photo was anything but taken on 5/9/20, this would have come out at both the PH, and/or argued for supression of evidence during the multitude of discovery motions. MOO

AA pg. 118/129.

 

[MassGuy]

^^bbm

I don't think LE could be more clear that SM's last proof of life photo was in fact taken on her last day. Last means last.

"....where the towel Suzanne was lying in her last photo on might be located(not recovered at the house);...

BM was represented by one of the finest defense teams in the state. I trust that if the metadata for the last proof of life photo was anything but taken on 5/9/20, this would have come out at both the PH, and/or argued for supression of evidence during the multitude of discovery motions. MOO

AA pg. 118/129.
View attachment 349589

As I like to say, if you're making arguments the defense themselves are not making, you're doing it wrong.

 

[Seattle1]

A “false” tip would be a tip called in bad faith or a tip that does not pan out. False bravado would be a statement made without conviction. Let us hope neither prove to be true.

Huh?

OP has opening alleged the DA either made a false tip or more false bravado. (i.e., It would be disappointing to find out it was a false tip or more false bravado by the DA).

What part of Rule 48(a); motion to dismiss, and GOOD FAITH BASIS TO DISMISS is unclear?

IMO, trying to make others guilty in an effort to paint others innocent compounds another wrong, and a big waste of time.

ETA: add link

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Freemont/Morphew/2022-04-19%2008-49-34%20Motion%20to%20Dismiss%20Without%20Prejudice.pdf

 

[fcavanaugh]

I believe the photo was sent at the time indicated in court documents. I am not convinced she took the photo that day and never was. But…we have not seen a photo of Suzanne closer to the day she disappeared to compare so will just wait out for any more facts that might surface over the course of time.

RBBM

Page 4 of the AA:

“On May 9, 2020, Suzanne’s last proof-of-life occurred in the 2:00 PM hour when she was messaging Libler with a “selfie” while Barry returned to the residence.”

The detectives obviously checked the data and verified the selfie photo was taken that afternoon in real time while Suzanne was messaging JL shortly before BM arrived home.
The defense didn’t even challenge this. Why? Because the authorities show/have proof that that selfie/photo of Suzanne was taken on that afternoon at that time. IOW, E&N didn’t challenge it because it is an indisputable FACT.

IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

Adobe Acrobat

acrobat.adobe.com

 

[susiQ]

Personally, I cannot speak badly about DA Stanley. Did things go wrong? Sure. But, are we privy to possible missteps by others that impacted this case that she has taken ownership of since it happened on her watch? At least in my mind she has done nothing to earn my disrespect. I believe she has only acted in good faith in her endeavour to bring justice for Suzanne regardless of IE’s pontificating. There are no lies or mutilation of the truth by LS concerning the animal that murdered SM, and I’m not talking about a lion. <modsnip>

I truly believe that DA Stanley wants what’s right, justice for Suzanne, as we all do. I sincerely hope that she and her team take this opportunity to regroup and get the job done. I believe BM will be rearrested in the future. I hope a jury is seated that is capable of thinking critically and can navigate and see through IE’s obfuscation of the truth. IE is like a moth to a candle when it comes to the media, taking every opportunity to champion the <alleged> murderer she is representing and massacring the truth in the process. Why? Because she has NOTHING to prove he is innocent. All she can do is drown the prosecution in paperwork and twist the truth for the media. Her client is a fool that talked SO much he implicated himself through his repeated lying and changing “story“ regarding the events of that weekend and the state of their marriage. His beloved truck has also betrayed him. Five trash dumps and his truck still looked like a garbage bin.

Barry may have thought he was the smartest guy in the room at one time, but I’m inclined to think he’s a little unsure of himself these days and I’m glad for it. In his brief GMA appearance he didn’t look well. I suspect it has little to do with guilt though and more to do with fear of being incarcerated for the rest of his miserable life. Not sorry. I can only imagine the fear Suzanne felt when she realized what he was going to do . Justice for Suzanne can’t come soon enough! JMHO

 

[Spartygirl]

So we're now in the middle of June and there has been NOTHING. I'm really starting to believe they don't have a clue where Susan is. It was all a bluff. Hope I'm wrong but checking the snow coverage map it sure looks like there isn't much snow left around Salida. Now, I'm no expert on snow coverage so maybe I'm not reading this correctly but it sure looks like anything within a 20 mile radius of Salida is clear. Weather has been in the 80's. You have to go up pretty high to find snow pack.

Now if bM buried Susan somewhere up in the elevations in May, by himself logic would dictate that that same area would be clear of snow by now wouldn't it? Ok, I'll give a couple of weeks give or take for maybe a year having more snow than another but we all know this doesn't pass the smell test..AT ALL. How was bM able to do that by himself while the cops with all their personnel, volunteer's and equipment NOT be able to access the same area? They have nothing I'm afraid.

Salida, CO 81201 Area Snow Depth

Current Salida, CO Snow Depth reports and snow cover analysis

weatherstreet.com

So we're now in the middle of June and there has been NOTHING. I'm really starting to believe they don't have a clue where Susan is. It was all a bluff. Hope I'm wrong but checking the snow coverage map it sure looks like there isn't much snow left around Salida. Now, I'm no expert on snow coverage so maybe I'm not reading this correctly but it sure looks like anything within a 20 mile radius of Salida is clear. Weather has been in the 80's. You have to go up pretty high to find snow pack.

Now if bM buried Susan somewhere up in the elevations in May, by himself logic would dictate that that same area would be clear of snow by now wouldn't it? Ok, I'll give a couple of weeks give or take for maybe a year having more snow than another but we all know this doesn't pass the smell test..AT ALL. How was bM able to do that by himself while the cops with all their personnel, volunteer's and equipment NOT be able to access the same area? They have nothing I'm afraid.

Salida, CO 81201 Area Snow Depth

Current Salida, CO Snow Depth reports and snow cover analysis

weatherstreet.com

Patience, young Jedi !!!
Justice is coming for Suzanne !!!

 

[NatureLover]

I've been reading about the hellish story about little Noah McIntosh, murder charges but no body. Poor boy has never been found....

But a word jumped out at me. Muriatic. Muriatic acid, also known as hydrochloric acid.

Can't help but ask if Mr. Morphew, in this case and on 5/9, didn't have a dalliance with hydrochloric acid that day. That'd be a chore, getting that stench out of your pores.

I further ask if his strategy -- you know, too soon -- had anything to do with chemical burns/hyper sensitivity to his eyes. Who would question bloodshot eyes, what with all the grieving... but the video? Did he have to wait a week so he could lose the shades?

Muriatic acid is nasty stuff.

Bet something like that could eat right through a Yeti in time.

JMO

Having never had a hot tub or pool I did not know until your post got me looking that muriatic acid is a hot tub/pool chemical. Interesting, and horrifying…

 

[Cindizzi]

We all hope she is found this summer. It would be disappointing to find out is was a false tip or more false bravado by the DA.

I’m curious why you say “ tip “.

These are sincere questions— not being snarky at all. Just trying to understand if your opinion is that the DA asked to dismiss the case 9 days before trial because of a tip that’s leading LE to one particular area?

Are you saying that a “ tipster “ came forward and decided to talk?

Or do you think it’s an old tip that LE overlooked and failed to follow up on ?

Again, I am not trying to be argumentative.

I honestly don’t know what to think. I stepped away from the threads after April 19 when it was dismissed. So there is a good chance I’ve missed something.

I was already disappointed and disheartened that the Prosecution was being disallowed to present the core of their case. By all appearances, they made a lot of missteps that earned them some sanctions. Or ,maybe they were just out-lawyered. I don’t know.

I’ve been here since Day 1 so I’m not giving up on SM being found and Justice served.

I’m wondering if other posters here think that the DA and LE are following a “ tip” - OR is it some other kind of investigative lead that’s making them focus on a particular area?

I would imagine there are MANY reasons besides weather that could prevent a thorough search of that area. JMO

Call me naïve, but when I read the Motion to Dismiss I guess I just take it at face value that the DA is being earnest when she states that LE has been looking at this area for some time.

Sorry to ramble- hope it makes sense.
Prayers for SM to be found soon, prayers for her siblings & friends.


Barry Morphew murder charge dismissed


Included in the prosecution’s motion, as proof of “good faith,” is the written belief that “the People and law enforcement… 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.”

Through the motion filed Tuesday, the state wrote, “Throughout the pendency of this case, the People and law enforcement have been unrelenting in our search for Ms. Morphew. For some time, a single location has been the target of ongoing investigation. For the reasons expressed below, the People have a good faith reason to believe further investigation into this matter is essential to answering the most consequential question presented by this case. As this search cannot be accomplished in the coming weeks due to weather and snowpack conditions, the People respectfully ask this Court to dismiss the current indictment against the Defendant without prejudice.”

Arrest made in Suzanne Morphew case - Chaffee County Sheriff

CHAFFEE COUNTY SHERIFF’S OFFICE Salida, Colorado PRESS RELEASE May 5, 2021 NEWS RELEASE Arrest Made in Suzanne Morphew Case in Chaffee County May 5, 2021–Chaffee County Sheriff’s Office–The Chaffee County Sheriff’s Office and the 11th Judicial District Attorney’s Office announced that Barry...

chaffeesheriff.org

More than 70 investigators from the Chaffee County Sheriff’s Office, the Colorado Bureau of Investigation (CBI), the Federal Bureau of Investigation (FBI) and dozens of local law enforcement agency partners have provided their expertise on this case, executed more than 135 search warrants across Colorado, and have interviewed more than 400 individuals in multiple states. The team has also investigated more than 1,400 tips generated from within and outside of law enforcement.

MOO

 

[Kemug]

SM's phone was not turned off until just before 4am IIRC

That's very strange indeed. Plus I would think that on Mothers Day she would have turned her phone on at a very early hour, say even 6am, so as to be sure not to miss a Happy MD call from her girls. I would have.

 

[Kemug]

I wouldn't think she would take anything identifying like ID or insurance card.

RSBM
But why not? She wasn't going on the run from the law, and I really doubt that she expected Barry to try to track her down, or that it mattered anyway. Living some place else would have been all she was planning. But I don't believe she took off anyhow.

 

[Cindizzi]

That's very strange indeed. Plus I would think that on Mothers Day she would have turned her phone on at a very early hour, say even 6am, so as to be sure not to miss a Happy MD call from her girls. I would have.

Page 27 of the AA

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21cr78%20Morphew%20Redacted%20Affidavit.pdf

Barry Interview- July 8, 2020

BM says her phone would have been ON all night Saturday, with the girls being gone.

In later interviews when confronted with evidence, he insists that he and SM agreed to turn phones off - to have a “perfect evening “.

 

[GatorFL]

Having never had a hot tub or pool I did not know until your post got me looking that muriatic acid is a hot tub/pool chemical. Interesting, and horrifying…

You should watch Breaking Bad. Several victims were melted away with acid.

But I don't think that is what happened to Suzanne. She's buried in the vast Colorado wilderness, IMO.

 

[GatorFL]

I’m curious why you say “ tip “.

These are sincere questions— not being snarky at all. Just trying to understand if your opinion is that the DA asked to dismiss the case 9 days before trial because of a tip that’s leading LE to one particular area?

Are you saying that a “ tipster “ came forward and decided to talk?

Or do you think it’s an old tip that LE overlooked and failed to follow up on ?

Again, I am not trying to be argumentative.

I honestly don’t know what to think. I stepped away from the threads after April 19 when it was dismissed. So there is a good chance I’ve missed something.

I was already disappointed and disheartened that the Prosecution was being disallowed to present the core of their case. By all appearances, they made a lot of missteps that earned them some sanctions. Or ,maybe they were just out-lawyered. I don’t know.

I’ve been here since Day 1 so I’m not giving up on SM being found and Justice served.

I’m wondering if other posters here think that the DA and LE are following a “ tip” - OR is it some other kind of investigative lead that’s making them focus on a particular area?

I would imagine there are MANY reasons besides weather that could prevent a thorough search of that area. JMO

Call me naïve, but when I read the Motion to Dismiss I guess I just take it at face value that the DA is being earnest when she states that LE has been looking at this area for some time.

Sorry to ramble- hope it makes sense.
Prayers for SM to be found soon, prayers for her siblings & friends.


Barry Morphew murder charge dismissed


Included in the prosecution’s motion, as proof of “good faith,” is the written belief that “the People and law enforcement… 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.”

Through the motion filed Tuesday, the state wrote, “Throughout the pendency of this case, the People and law enforcement have been unrelenting in our search for Ms. Morphew. For some time, a single location has been the target of ongoing investigation. For the reasons expressed below, the People have a good faith reason to believe further investigation into this matter is essential to answering the most consequential question presented by this case. As this search cannot be accomplished in the coming weeks due to weather and snowpack conditions, the People respectfully ask this Court to dismiss the current indictment against the Defendant without prejudice.”

Arrest made in Suzanne Morphew case - Chaffee County Sheriff

CHAFFEE COUNTY SHERIFF’S OFFICE Salida, Colorado PRESS RELEASE May 5, 2021 NEWS RELEASE Arrest Made in Suzanne Morphew Case in Chaffee County May 5, 2021–Chaffee County Sheriff’s Office–The Chaffee County Sheriff’s Office and the 11th Judicial District Attorney’s Office announced that Barry...

chaffeesheriff.org

More than 70 investigators from the Chaffee County Sheriff’s Office, the Colorado Bureau of Investigation (CBI), the Federal Bureau of Investigation (FBI) and dozens of local law enforcement agency partners have provided their expertise on this case, executed more than 135 search warrants across Colorado, and have interviewed more than 400 individuals in multiple states. The team has also investigated more than 1,400 tips generated from within and outside of law enforcement.

MOO

The prosecution has never elaborated on this other than what they said in the motion to dismiss. So nobody here knows if it is a tip, something that turned up in their investigation, or something else altogether. If SM is there, the terrain and weather should be cooperative soon and she will be found.

I was in Colorado last June and there was significant snowpack at altitude. I'm actually headed back there in about a week but I won't have time to drive down to Salida to see the area. But I am curious about the conditions there.

 

[mrjitty]

That's very strange indeed. Plus I would think that on Mothers Day she would have turned her phone on at a very early hour, say even 6am, so as to be sure not to miss a Happy MD call from her girls. I would have.

It's a significant issue for the defence IMO, both because Baz was awake and active at that time, and it means she didn't view her messages in the period from when he arrived home, until it was switched off.

Not at all consistent with abduction - why didn't it turn back on in the morning?

 

[mrjitty]

I wonder if the Judge had any discussion in chambers with the prosecution prior to the dismissal order.

Obviously the State cannot put the details of its information in the application, or the accused might be able to destroy evidence or otherwise obstruct justice. But the Judge might have requested some background in chambers?