Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[Seattle1]

The thing is, it is hard to know what they might need, before the victim is found

IMO, I think one of the reasons Colorado law provides that the decision will be by the subject district court is because this is typically the Judge that signed the search warrant allowing the seized property to begin with. In other words, investigators had to have a valid reason to collect the specific property and given the charges, seems to me the only thing worthy of being returned to BM is property seized pursuant to his voter fraud charge and he still has time on that! MOO

 

[Seattle1]

dbm

 

[MassGuy]

The thing is, it is hard to know what they might need, before the victim is found

That's an excellent point, and I actually hadn't looked at it like that. I mean, we can say with confidence he didn't shoot her with a real gun, but we can't say that with absolute certainty.

 

[mrjitty]

That's an excellent point, and I actually hadn't looked at it like that. I mean, we can say with confidence he didn't shoot her with a real gun, but we can't say that with absolute certainty.

Exactly - if she is found with a gunshot wound (easily possibly IMO) then returning the guns could be fatal to the case.

 

[mrjitty]

IMO, I think one of the reasons Colorado law provides that the decision will be by the subject district court is because this is typically the Judge that signed the search warrant allowing the seized property to begin with. In other words, investigators had to have a valid reason to collect the specific property and given the charges, seems to me the only thing worthy of being returned to BM is property seized pursuant to his voter fraud charge and he still has time on that! MOO

Agreed! No charges are laid, and the investigation continues, so the Court which has the knowledge of what was collected pursuant to the warrant scope has jurisdiction.

I think we are saying, that BM's only remedy would be to file a civil suit based on his constitutional protection against unreasonable search/seizure?

This may all seem slightly Kafka that the state can seize so much property based on suspicions that may take many years to be investigated, but this is the system we have and we need to ensure prosecution can actually investigate crimes

Having got into the detail of all this via a different case recently, it gets absurd if the suspect can essentially sabotage the case when charges haven't even been laid yet, by conducting a hearing about the relevance of each piece of potential evidence

Also noted that IE doesn't present any evidence that items are unrelated - she just broadly asserts it based on the idea her client is innocent - the very thing at issue in a future trial!

 

[Niner]

In my notes I have Morphew for a review hearing on 11/28/22 for Chaffee county re his forgery charges. But the court site does not have this - yet...

 

[GOBliaison]

The State of Colorado Law On The Return Of Evidence​

When the need for property seized in a case has ended....

For focus VR added
​

Do I err in the interpretation here? I'm thinking not so much.

Thus, imo, the statute allows the state even wider latitude in retaining seized material(s), being tantamount to sole discretion.
[encore]
Thus the question as to whether or not a/the case has "ended" is never reached. sorrrry

Shoddy research/specious argument/par-for-the-course distraction ala The Whirling One ? I'm thinking pretty much
[encore]
And thus I must affirm on review, Groome, J.'s own, albeit vigorous affirmation, to wit:

"Gladly" Gladly!"​

 

[Seattle1]

For focus VR added
​

Do I err in the interpretation here? I'm thinking not so much.

Thus, imo, the statute allows the state even wider latitude in retaining seized material(s), being tantamount to sole discretion.
[encore]
Thus the question as to whether or not a/the case has "ended" is never reached. sorrrry

Shoddy research/specious argument/par-for-the-course distraction ala The Whirling One ? I'm thinking pretty much
[encore]
And thus I must affirm on review, Groome, J.'s own, albeit vigorous affirmation, to wit:

"Gladly" Gladly!"​

I missed the virtual hearing but I have the image where the hurricane IE was exhausting Judge Groome and when the Prosecutor asked permission to address the Court, he could hardly contain himself --GLADLY, GLADLY!

 

[Lyanna]

Barry Morphew’s request over seized property denied

A motion by Barry Morphew, the Salida-area man who at one time faced murder charges tied to the disappearance of his wife, to reclaim property was denied Tuesday by a

gazette.com

 

[Lyanna]

Exactly - if she is found with a gunshot wound (easily possibly IMO) then returning the guns could be fatal to the case.

Prosecution said similar
Said if Suzanne's body was found with a bullet wound - they'd need those guns for comparison (not verbatim)

Moo

 

[Lyanna]

Judge denies Barry Morphew's request to have property seized during wife's disappearance investigation returned | KRDO

FREMONT COUNTY, Colo. (KRDO) -- The Fremont County man who was once facing murder charges related to his missing wife was in court Tuesday. This time, Barry Morphew was trying to get his belongings that were taken during the investigation into Suzanne Morphew's disappearance. The judge, however...

krdo.com

 

[Lyanna]

Dbm
Duplicate post x

 

[Lyanna]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/People%20Exhibits%20Prelim%20Hearing.pdf

I don't remember seeing some of these texts from Suzanne before

 

[charminglane]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/People%20Exhibits%20Prelim%20Hearing.pdf

I don't remember seeing some of these texts from Suzanne before

I had not realized Barry was on a trip with an injured leg "on a mountaintop."
How far back from a crime can LE request cell phone data?

 

[Lyanna]

I had not realized Barry was on a trip with an injured leg "on a mountaintop."
How far back from a crime can LE request cell phone data?

Was back in Sept 2019 that message.
Interestingly, same pg I think (pg 12) Suzanne mentions him not coming back till the Friday. He had a job starting on the Monday in Denver and she supposed he'd be back in time to get ready for that - that Denver job on a monday sound a little familiar?

Moo

 

[Lyanna]

I had not realized Barry was on a trip with an injured leg "on a mountaintop."
How far back from a crime can LE request cell phone data?

Hope so!
Moo

 

[charminglane]

Was back in Sept 2019 that message.
Interestingly, same pg I think (pg 12) Suzanne mentions him not coming back till the Friday. He had a job starting on the Monday in Denver and she supposed he'd be back in time to get ready for that - that Denver job on a monday sound a little familiar?

Moo

Very.
I was wondering if he was scouting for places to potentially leave the body of his wife.
It would be interesting to know where that trip was.

 

[Lyanna]

Very.
I was wondering if he was scouting for places to potentially leave the body of his wife.
It would be interesting to know where that trip was.

They did have warrants for all social media - it's documented in defense exhibits, email from one of the investigators - here's hoping Barry posted something back in Sept 2019 for any and all hunting/mountaintop trips!

 

[Megnut]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/People%20Exhibits%20Prelim%20Hearing.pdf

I don't remember seeing some of these texts from Suzanne before

Exhibit #37
Barry, at the hotel

Who doesn't smile at the security camera? Um, pretty much no one.

Consider: if Barry is guilty of murdering his wife, it occurred within 24 hours of that smile. Nay, nay, grin. Who does that???????

Grins for the security camera. As if to say, "nothing to see here, just a man working out of town, grin, grin, grinning" staging innocence. Over-smiling.

Bone chilling, really.

Trying to look innocent. Missing by a mile.

JMO

 

[SortaSleuthy]

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/People%20Exhibits%20Prelim%20Hearing.pdf

I don't remember seeing some of these texts from Suzanne before

Good Catch!