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

[justtrish]

Point of clarification:

IIRC he both woke up to an alarm and didn't wake up to an alarm.

I wager he didn't sleep at all.

Jmo

Oh that's right! You know while Suzanne was turning his airplane mode on and off as he showered (if I recall was one potential reason he was using airplane mode in the wee hours of the morning)

 

[mrjitty]

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.

Again the point is the data is the data

Barry was asked to account for the missing mileage, so they asked him which way he turned. The reason why they knew to ask this question is that the GPS phone location places the phone left and not right. So in fact they had two data sets that alerted them to the fact that he did not turn right, but must have made a diversion. Barry them confirmed he did in fact turn left with an elaborate story. He did this because he knew the data showed it. So 3 pieces of evidence corroborate.

Now later on, IE claims

1. a different way to account for the mileage - not supported by telematics (truck does not park at spa place)
2. static drift to explain the location - but this doesn't change what GPS coords were actually recorded
3. implies her own client lied because he was tricked

She is entitled to make those arguments at a criminal trial, but it is clear there is no misfeasance by the FBI and CAST expert here. The GPS references are what they are. Telling Barry what they show is not lying. It is stating fact.

 

[mrjitty]

So even if data didn't show he went left and they were trying to see if he'd offer up where he did go, why would he say he saw an elk and went left and all that nonsense if it didn't happen? I am not nearly as concerned with their questions as I am his answers. They can't make him lie by asking a question or suggesting he went left. He decided all on his own to make up some story to explain a left turn. This was great for LE because an innocent man that woke up to his alarm, got showered and then left in his work truck to go to a job that morning has zero reason to make up a story about turning and following an elk unless he's trying to hide something. I can't come up with an innocent explanation for him lying about how he got to the job site that morning, especially one that includes following an elk before the sun was even up.

The GPS data does show him turning left. Barry is cunning. He knew when they asked that question, they must have had a good reason to ask. Stupidly, he thought that coming up with an explanation for the data was a better idea that pleading ignorance - because he isn't a CAST expert. Also the mileage had to come from somewhere.

IE has come up with tenuous explanations months later for the GPS, the mileage, and BMs lies, and then pretends this was misfeasance by the FBI to trick barry into admitting the truth.

 

[mrjitty]

Oh that's right! You know while Suzanne was turning his airplane mode on and off as he showered (if I recall was one potential reason he was using airplane mode in the wee hours of the morning)

Right. Presumably Law enforcement also tricked barry into lying about his alarm with a fake alarm schedule

 

[mrjitty]

I expect BM's civil counsel will do their utmost to restrict the defense from presenting the evidence that he murdered SM to a jury. They will want the case to be about the process and its flaws as they see them.

But I am certain the LE defendants will all want to ask him more questions under oath about all the artful dodging he did in his interviews, his whereabouts on the day SM disappeared and other uncomfortable questions. Will he take the 5th? We'll get to see.

The problem as I see it, is that the truth or otherwise of the allegations depend on a granular analysis of the facts of the case.

For instance on the left turn BM has admitted he turned left. Would he now deny that on the stand? I don't see how that allegation can succeed unless he testified. Would he plead the 5th?

One wonders if this hot mess is really intended to go to trial.

 

[mrjitty]

My recollection is that the defense wanted the interviews to be played in their entirety. Do you have a link that will document and resolve this?

IIRC defence talked about playing hours and hours of interview during the actual trial.

Prosecution would not play every interview, but rather focus on the relevant parts including context - like in every trial.

I saw this tactic of playing entire interviews in the McStay case where it was allowed in one instance. The apparent point is to overload the jury with irrelevant stuff to reduce focus on the damaging bits.

As we saw recently in the Murduagh case, it is quite normal in some jurisdictions to publicly release entire interrogations, bodycam footage etc which us junkies watch end to end. But you don't normally play all of it in the trial.

 

[girlhasnoname]

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

But it will be even more to the State's advantage that Suzanne has not been located, heard from, her ss# not shown any employment even years later. That's because she is deceased and BM did it. IMO

 

[mrjitty]

In my dreams IE actually brings this case and then half way through they find the victim buried with the missing tranq gun ...

 

[MountainDad]

Oh that's right! You know while Suzanne was turning his airplane mode on and off as he showered (if I recall was one potential reason he was using airplane mode in the wee hours of the morning)

I thought Suzanne was doing over 90 truck events with his truck in the wee hours of 5/10/2020 while Barry was sleeping.

 

[CGray123]

Question for those who are familiar with Colorado Law and timing for cases like this :
The case has been assigned to Magistrate Judge Kristen Mix. She was appointed 8/6/2007 and her term expires 8/5/2023. Do Magistrate Judges ever get reappointed for second terms ? Is it likely that this case will be resolved by the end of her term on 8/6/2023 ?
thanks in advance


Kristen L. Mix is a federal magistrate judge for the United States District Court for the District of Colorado. She was appointed to this position on August 6, 2007, and her current term will expire on August 5, 2023.

Kristen Mix - Ballotpedia​

Judge Mix teaches at the University of Colorado and they have a detailed bio (below). IMO she is experienced and well qualified, and will be reappointed if she isn't first made a District Judge, IMO. She definitely has the chops to manage this case.

Normally, magistrate judges manage discovery issues and rule on motions subject to review by a presiding District Court Judge. The parties can, however, jointly request that she serve as the presiding judge, waiving their right of appeal. It wouldn't surprise me if the parties made such a request with Mix. She's that good. MOO

See if you agree:

------

Judge Kristen L. Mix
Adjunct Faculty

Bio:

Kristen L. Mix graduated from Middlebury College, laude, with a degree in English. She obtained her J.D. from the University of Colorado School of Law and practiced law in Denver until 2007, when she was appointed to the federal bench. Magistrate Judge Mix's expertise prior to her appointment was in labor and employment law. In 2006 and 2007, Judge Mix was recognized as a top employment lawyer by Chambers U.S.A. and named one of the top twenty-five women lawyers in Colorado by 5280 Magazine.

Magistrate Judge Mix serves on the Judicial Conference of the United States' Committee on the Administration of the Magistrate Judge System and on the United States District Court for the District of Colorado's Local Rules Committee. She also serves on the court's Pro Se Working Group, and is responsible for establishment of the first pro se clinic in the federal courthouse (scheduled to open in mid-2018). Judge Mix is the Secretary of the Federal Magistrate Judges' Association and served as the Tenth Circuit representative to the FMJA Board of Directors for several years. Judge Mix also chairs the Colorado Judicial Coordinating Council, which fosters cooperation between Colorado state and federal judges on matters of common interest. Judge Mix is a member of the Sedona Conference and was the judicial participant in the Commentary on Possession, Custody and Control of documents under Fed. R. Civ. P. 34. She is currently working with other members on an update to the Sedona Conference Social Media Primer.

Magistrate Judge Mix serves on the faculty of the National Institute of Trial Advocacy and as an adjunct professor at the University of Colorado School of Law and University of Denver Sturm College of Law. She was the judicial co-founder of the Colorado Intellectual Property American Inn of Court and serves on the executive committee of the Sonia Sotomayor American Inn of Court. In 2013, Judge Mix created a public-service internship program for diverse second and third-year law students which provides internships with public employers and non-profits in the Denver metropolitan area on an annual basis. She is the proud mother of a Colorado Law graduate (class of 2015) and a frequent writer and speaker on the law.

 

[MountainDad]

I glad Barry and his daughters are bringing this civil suit (daughters listed as beneficiaries for 5 million each ) I hope it inspires LE and Linda Stanley to seek justice for Suzanne.

 

[waldojabba]

Judge Mix teaches at the University of Colorado and they have a detailed bio (below). IMO she is experienced and well qualified, and will be reappointed if she isn't first made a District Judge, IMO. She definitely has the chops to manage this case.

Normally, magistrate judges manage discovery issues and rule on motions subject to review by a presiding District Court Judge. The parties can, however, jointly request that she serve as the presiding judge, waiving their right of appeal. It wouldn't surprise me if the parties made such a request with Mix. She's that good. MOO

See if you agree:

------

Judge Kristen L. Mix
Adjunct Faculty

Bio:

Kristen L. Mix graduated from Middlebury College, *advertiser censored* laude, with a degree in English. She obtained her J.D. from the University of Colorado School of Law and practiced law in Denver until 2007, when she was appointed to the federal bench. Magistrate Judge Mix's expertise prior to her appointment was in labor and employment law. In 2006 and 2007, Judge Mix was recognized as a top employment lawyer by Chambers U.S.A. and named one of the top twenty-five women lawyers in Colorado by 5280 Magazine.

Magistrate Judge Mix serves on the Judicial Conference of the United States' Committee on the Administration of the Magistrate Judge System and on the United States District Court for the District of Colorado's Local Rules Committee. She also serves on the court's Pro Se Working Group, and is responsible for establishment of the first pro se clinic in the federal courthouse (scheduled to open in mid-2018). Judge Mix is the Secretary of the Federal Magistrate Judges' Association and served as the Tenth Circuit representative to the FMJA Board of Directors for several years. Judge Mix also chairs the Colorado Judicial Coordinating Council, which fosters cooperation between Colorado state and federal judges on matters of common interest. Judge Mix is a member of the Sedona Conference and was the judicial participant in the Commentary on Possession, Custody and Control of documents under Fed. R. Civ. P. 34. She is currently working with other members on an update to the Sedona Conference Social Media Primer.

Magistrate Judge Mix serves on the faculty of the National Institute of Trial Advocacy and as an adjunct professor at the University of Colorado School of Law and University of Denver Sturm College of Law. She was the judicial co-founder of the Colorado Intellectual Property American Inn of Court and serves on the executive committee of the Sonia Sotomayor American Inn of Court. In 2013, Judge Mix created a public-service internship program for diverse second and third-year law students which provides internships with public employers and non-profits in the Denver metropolitan area on an annual basis. She is the proud mother of a Colorado Law graduate (class of 2015) and a frequent writer and speaker on the law.

Yes I agree she is seemingly a great fit - hence my concern about her term ending in August. Great to know
she can be reappointed and serve a second term. Appreciate it !

 

[Ontario Mom]

I glad Barry and his daughters are bringing this civil suit (daughters listed as beneficiaries for 5 million each ) I hope it inspires LE and Linda Stanley to seek justice for Suzanne.

Just seeing the BM lawsuit news today.
Gee, who's surprised? I wonder if this was planned all along, once the well ran dry?

These people are revolting, the lot of them.
Barry and both offspring, and every lawyer helping them hoping to cash in.

 

[Hoss569]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

 

[Momofthreeboys]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

I still think both the civil lawyers and IE took this on contingency to be paid at the end if they win and the jury favors them but we will probably never know.

 

[HongKongPhooey]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

I sincerely hope his greed will trip him up.

What kind of a fool deliberately puts their (to me) obvious crime back in the spotlight again?

JMO, of course.

 

[Momofthreeboys]

I sincerely hope his greed will trip him up.

What kind of a fool deliberately puts their (to me) obvious crime back in the spotlight again?

JMO, of course.

It's an interesting question. The lawyers must be absolutely confident he'll stick to his original statements prior to the arrest.

 

[CGray123]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

BBM. All the defendants are indemnified for any conduct not deemed willful and wanton.

To start, I believe all the Federal defendant will be represented by one counsel, all the state defendants (with the possible exception of Cahill) will have one counsel, and the County defendants will have one counsel. There will probably be a joint defense agreement under which communications between and among the collaborating parties and attorneys are confidential and privileged. The individuals would receive a letter advising them that in the event their interests are shown to be adverse to one or more clients of a lawyer, that lawyer would have to withdraw from all representation and each would be assigned a new lawyer.

This is the normal defense configuration: if it starts out different, I would speculate that the defense is in it for the long haul, covering all ethical bases and assembling a top litigation team. There are other possibilities of course, but that would be my guess. MOO

 

[waldojabba]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

@Hoss569 totally agree about staying out of the limelight for BM because of his legal exposure aka guilt. Iris would have you believe that all these people tried to railroad an innocent man. She screams his innocence along with his new lead lawyers throughout the document. The doc says BM is innocent and the case was dismissed (intimating that it was dismissed bc he was innocent). The doc never says the case was dismissed without prejudice which is the accurate representation. His lawyers cherry pick items from the AA they think were mishandled - most of what I read is misrepresentation on their part, taken out of context and/or "splitting hairs" on petty BS she already brought before the last court.
In my head there is a difference between Barry being found innocent in a court of law and presuming his innocence because he never went to trial. Also the fact that the AA is introduced in the doc means to me, and I am def not a lawyer, that the entire AA is fair game in the court as well as all the recordings etc. A virtual free for all with BM opened up for questioning. It will be difficult for Barry to stick to this statements because IMO there were so many contradictory ones and most of his ramblings were ever evolving. In their filing #787 they say Barry's allegations are intended to be viewed collectively. The same thing can be said for the AA it was intended to be viewed collectively.
I am remembering when he asked for immunity which is in the AA - love to see him quizzed on that one and so may others.
Taking the fifth ? Its really not going to cut it in my mind. Yes legally you cannot deduce guilt from that ( eye roll) but lets talk real life. ALL IMO
Sorry to ramble but I am finding this filing ludicrous while at the same time intellectually and psychologically very interesting. Just My opinion

 

[10ofRods]

Had a crazy thought that all this is coming about because IE needs to get paid, I hope it goes to trial. Are all the entities / people listed able to get there own independent counsel? Why wouldn't BM want to stay out of the lime light? Is he that worried they can still prosecute him? Seems like the chances / odds of something coming out against BM were just raised by himself.

I would love to know how her criminal defense practice is really going. She had this one high profile, rich client (Barry) who sold his house to pay her (and her partner). Now she's basically on her own and probably very very money hungry.

This bizarre lawsuit would net her about $5M if successful. I think that most of it will be thrown out of court. But the facts of this civil suit would have to include what's known on the criminal side (to determine whether all these defendants actually lied or were negligent or whatever she is claiming).

Truly appreciating all the discussion here. This case haunts me.

IMO.