Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #106

[MountainDad]

I agree it read like a sneak preview of what the trial would have been if there had been one. I still would have loved to hear or read transcripts of the entire conversations with Barry pre arrest. One thing jumped out—not sure how relevant but it is revealed that JL receipt for the day SM went missing was a receipt utilizing his wife’s credit card. And the assertion that the 18 miles is 15 and confirmed by the store owners that Barry stopped that fateful afternoon. I think their interview was in the AA if I recall.

I would also like to read the entire transcripts of "interviews" with BM pre arrest, but don't think all interactions were recorded. Really interested in the follow up questioning, LE officers involved (Cahill at the Bbq and praying get together at Suzanne's home) and sequence of questioning. Did they study previous interviews and structure questioning to expose lies and inconsistencies? Did multiple agencies have multiple strategies?

Also interested in why it took three days to photograph BM injuries? Inability of CCSO to protect the bike scene, lack of any formal interview with BM on Sunday May 10, 2020. Was Spezee in Salida that weekend? The body cam footage from that night should be shown around the country as what not to do in that critical situation.

 

[girlhasnoname]

This entire lawsuit is a complete and utter joke IMO. BM killed his wife, the mistakes made by the DA and a bad cop (Cahill) in the bunch, and not finding Suzanne's remains were what put a knife in the prosecution.

Doesn't make BM any less guilty, just harder and riskier to prove. It makes me sick he's a free man today, but I hope that will change some day very soon.

MOO

 

[waldojabba]

What I find interesting is this gives a decent look at what the defence case was going to be

• SM was sneaky and engaged in secretive activities that BM did not know about - what else might she have got up to?
• Libler erased data and obstructed the investigation
• SM was alive well into the early hours as shown by her phone activity
• No left turn - Barry went to the spa company
• the Range Rover is somehow involved in the crime shown by the mysterious sex offender

So basically poor BM was tricked into lots of lies or his words were misrepresented by the prosecution which sought to railroad him. I think the defence was mostly going to be that SM went off somewhere secret

Agree - they were going to push that SM went off to maybe even Ecuador for instance.
I just had time for a quick look but aren’t the FBI and LE allowed to lie to the defendant if they choose to?
Also it just seems another rendition of her greatest hits - with the usual accusing the prosecution of the tactics she herself employs.
I think she was counting on a reprisal of the handsome “Widower” BM and the doting daughters in court, along with her hammering /bullying her way along and throwing a wrench into things with the sleight of hand on the dna. Twisting the details. Portraying SM as an adulterer and a devious manipulative person. Shame on you IE. Imo

 

[mrjitty]

Agree - they were going to push that SM went off to maybe even Ecuador for instance.
I just had time for a quick look but aren’t the FBI and LE allowed to lie to the defendant if they choose to?
Also it just seems another rendition of her greatest hits - with the usual accusing the prosecution of the tactics she herself employs.
I think she was counting on a reprisal of the handsome “Widower” BM and the doting daughters in court, along with her hammering /bullying her way along and throwing a wrench into things with the sleight of hand on the dna. Twisting the details. Portraying SM as an adulterer and a devious manipulative person. Shame on you IE. Imo

BIB

As I understand it yes. They are allowed to trick the defendant into making incriminating statements.

But in this case they did not do that. They simply asked him to explain suspicious facts.

 

[waldojabba]

I would also like to read the entire transcripts of "interviews" with BM pre arrest, but don't think all interactions were recorded. Really interested in the follow up questioning, LE officers involved (Cahill at the Bbq and praying get together at Suzanne's home) and sequence of questioning. Did they study previous interviews and structure questioning to expose lies and inconsistencies? Did multiple agencies have multiple strategies?

Also interested in why it took three days to photograph BM injuries? Inability of CCSO to protect the bike scene, lack of any formal interview with BM on Sunday May 10, 2020. Was Spezee in Salida that weekend? The body cam footage from that night should be shown around the country as what not to do in that critical situation.

Right? And all this was happening when they were “railroading” him. White glove treatment is more like it. Imo

 

[waldojabba]

BIB

As I understand it yes. They are allowed to trick the defendant into making incriminating statements.

But in this case they did not do that. They simply asked him to explain suspicious facts.

I noticed that in Point #50 IE etal indicate that Grusing lied and misled Barry during interviews with him.

What’s her point? Imo

 

[Lyanna]

I haven't had chance to read Lady MacBeth's current approx 184 pg complaint/lawsuit or whatever its official title is, filed on behalf of Barry - am looking forward to doing so, I think. Wondering if it's the longest and most comprehensive complaint/lawsuit filed to date?


moo

 

[Momofthreeboys]

Agree - they were going to push that SM went off to maybe even Ecuador for instance.
I just had time for a quick look but aren’t the FBI and LE allowed to lie to the defendant if they choose to?
Also it just seems another rendition of her greatest hits - with the usual accusing the prosecution of the tactics she herself employs.
I think she was counting on a reprisal of the handsome “Widower” BM and the doting daughters in court, along with her hammering /bullying her way along and throwing a wrench into things with the sleight of hand on the dna. Twisting the details. Portraying SM as an adulterer and a devious manipulative person. Shame on you IE. Imo

I think IE's point is not that investigators lied to Barry, it's that they cherry picked and took liberties with contextually and as quotes the responses they used in the AA. I have to assume IE and team have the contents of those interviews. It's one of the reasons why I always wanted to hear or read those interviews...I wanted to understand Barry's entire response in context with the entire conversation. I'm unclear legally how these types of non Mirandized conversations and interviews can be used at a trial. Defense did ask for the entire conversations to be entered as evidence. But whether they were or not I can't recall. If they were I don't think "we" saw them.

 

[mrjitty]

I think IE's point is not that investigators lied to Barry, it's that they cherry picked and took liberties with contextually and as quotes the responses they used in the AA.

RSBM

Nope. One example

Defendants FBI Agents Grusing and Harris lied to Barry about the alleged phone location data during the numerous interrogations with him

Of course this isn't true. Just because the data may not be 100% reliable, is no reason that they should not ask the defendant to explain it. If the defendant confirmed he drove where the data showed, then in fact the reliability of the data is confirmed. This is not lying to the defendant, or lying in the AA

 

[Momofthreeboys]

RSBM

Nope. One example



Of course this isn't true. Just because the data may not be 100% reliable, is no reason that they should not ask the defendant to explain it. If the defendant confirmed he drove where the data showed, then in fact the reliability of the data is confirmed. This is not lying to the defendant, or lying in the AA

Oh maybe - I think I thought that the data did not show him turning left on Sunday morning but prosecutors were trying to account for the missing 15 miles. LE said data showed he turned left and then he offered up the elk spotting. I'll have to go back and take a look.

 

[Seattle1]

So basically poor BM was tricked into lots of lies or his words were misrepresented by the prosecution which sought to railroad him. I think the defence was mostly going to be that SM went off somewhere secret

^^rsbm

Yes, and because of her health history, she soon after perished to explain her silence. I'm also sorry that the children are endorsing this mockery and suspect it must be motivated by financial gain and/or recovery of the same. JMO

 

[Seattle1]

I would also like to read the entire transcripts of "interviews" with BM pre arrest, but don't think all interactions were recorded.

^^rsbm
It's very clear to me why the defense fought so hard to keep the prosecution from admitting BM's interviews in their entirety to be played during the trial.

 

[Seattle1]

It's one of the reasons why I always wanted to hear or read those interviews...I wanted to understand Barry's entire response in context with the entire conversation.

Again, the defense fought to prevent you from seeing/hearing this at trial. Why do you think that? The prosecution wanted the interviews played in their entirety during the trial.

 

[Seattle1]

I noticed that in Point #50 IE etal indicate that Grusing lied and misled Barry during interviews with him.

What’s her point? Imo

Yes -- and according to the defense, Grusing's behavior was so egregious that there's not even a law on the books to account for his actions!

51. Congress has provided no adequate remedy for the constitutional violations committed by Defendant Grusing.

 

[Seattle1]

@mrjitty -- does the 185 pg complaint make reference to the AA as Exhibit A? I'm curious if this accounts for the additional 129 pages filed with the Court. Thanks.

Public Access to Court Electronic Records | PACER: Federal Court Records

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pacer.uscourts.gov

 

[Momofthreeboys]

@mrjitty -- does the 185 pg complaint make reference to the AA as Exhibit A? I'm curious if this accounts for the additional 129 pages filed with the Court. Thanks.

View attachment 419285

Public Access to Court Electronic Records | PACER: Federal Court Records

PACER provides information about accessing and filing federal court records electronically. Find resources for using PACER.

pacer.uscourts.gov

The AA was attached to the motion in the version I saw.

 

[Monty Ma]

I'm not really sure how to ask this, but what will this look like if this makes it to trial? Specifically, how is a case with well over 30 defendants handled in court? I've not followed anything like this before so I don't have a frame of reference. I can only picture chaos and confusion and this dragging on for an eternity especially due to such a lengthy complaint.

 

[Seattle1]

The AA was attached to the motion in the version I saw.

Huh? Do you mean attached to the Civil Action (Complaint) filed with the Federal Court?

 

[Lyanna]

Pg 56
No. 309 and no. 310 - is it me, or are these reading contradictory? 309 JL advises that he deletes whatsapp/linkedin as he doesn't want Barry, Suzanne's daughters, his wife etc to find out about their affair, but in 310 its omitted from AA that he purposefully deleted these apps because he didn't want the affair to be found out?
But it's not been omitted because he did say he deleted them because of that reason in the point above which is in the AA

Am I misreading it or something because right now, it makes absolutely no bloody sense.

moo

 

[Seattle1]

I'm not really sure how to ask this, but what will this look like if this makes it to trial? Specifically, how is a case with well over 30 defendants handled in court? I've not followed anything like this before so I don't have a frame of reference. I can only picture chaos and confusion and this dragging on for an eternity especially due to such a lengthy complaint.

We have two issues -- this is a matter in US District Court (Federal Court), and it's a Civil matter--(versus our typical criminal case), subject to the Federal Rules of Civil Procedure.

Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure (pdf) govern civil proceedings in the United States district courts. Their purpose is "to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. The rules were first adopted by order of the Supreme Court on...

www.uscourts.gov