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

[mrjitty]

IMO, it's a money grab, and also testing the water on future claims pursuant to Colorado's Enhance Law Enforcement Integrity Act.

If the federal court does not dismiss the case, I don't see any of the defendants going to trial. JMO

Right. It does seem odd. For instance the FBI would obviously vigorously defend the scope of its agents conduct in informal interrogations and has large resources to do so. It is long settled that LE can bluff or misdirect the accused - but the accused also has the right to say nothing which cannot be used against him. A victory for IE on that issue would have alarming consequences for federal and local agents ...

 

[Megnut]

Does her bogus civil suit preclude those same officers and attorneys from testifying against him in a criminal trial?

Or.... does it give IE the soapbox at a criminal trial to ask them on the witness stand if they're being sued, implying to the jury that that their testimony isn't to be trusted because they have an ongoing or counter vendetta against BM?

What's that saying-- if you don't have a defense, attack the evidence. If you can't attack the evidence, attack the investigators. If you can't attack the investigators, pound the desk --

IE is pounding the investigators, next-level.

Which confirms first me -- she knows he has no defense.

Barry's only chance of freedom is on this side of trial -- and they both know it.

JMO

 

[waldojabba]

The concrete was dug up at the river house site where BM had access when SM was disappeared (by BM).

IMO, the quoted wants to conjure up non-existing evidence from the RV Park (Monarch Spur RV Park) but can't cite one statement from the PH, the defense, or the civil suit where this would even be relevant. After 106 threads, I find bringing up the RV Park is beyond a stretch.

And yes, residents would notice and did notice:

Nearby residents said they were heartened to hear that a tip line was being set up.

"It's just very concerning," said Jennifer Caskey, a resident of the Monarch Spur RV Park. "We do have a lot of wildlife in the area, so it's concerning that she's been gone for so long now, but we're praying."

Her husband, Lynn, said the mountain trails seem like they're pretty safe, so it just makes me wonder about the wildlife.

One new resident, Serena Bridge, said she'd been "a little freaked out about the COVID pandemic" and is even more concerned now that a local woman is missing.

Many residents in the RV park said they're willing to volunteer for a search, if needed.

Chaffee County Sheriff's Office, CBI, FBI now investigating disappearance of Maysville area woman

The CBI, FBI, 11th Judicial District, Salida Police Department and Fremont County Sheriff joined the Chaffee County Sheriff in launching an investigation into the disappearance of Suzanne Morphew.

www.denver7.com

Yes, agree - the “red herring special” always seems to be on that “menu” imo

 

[Momofthreeboys]

Does her bogus civil suit preclude those same officers and attorneys from testifying against him in a criminal trial?

Or.... does it give IE the soapbox at a criminal trial to ask them on the witness stand if they're being sued, implying to the jury that that their testimony isn't to be trusted because they have an ongoing or counter vendetta against BM?

What's that saying-- if you don't have a defense, attack the evidence. If you can't attack the evidence, attack the investigators. If you can't attack the investigators, pound the desk --

IE is pounding the investigators, next-level.

Which confirms first me -- she knows he has no defense.

Barry's only chance of freedom is on this side of trial -- and they both know it.

JMO

It's a real civil suit that is filed so not bogus. I do think there may be an underlying intent to attempt a settlement prior to trial. But if it does go to trial the political climate is such that I wouldn't take bets... there are people in this country that are leery of behaviors by law enforcement and states that are changing laws. I still maintain a few of the counts have some validity....not all but a couple. What might come out if it actually goes to trial will be interesting and if it helps or hurts any potential future criminal case if Suzanne is not found. We don't know what a future criminal defense might be since we do know the running around with a dart gun theory is debunked for the most part and the needle sheath more likely Suzanne's potentially than Barry's we have no idea how the charges would be presented and defended. What's left is the telematics and GPS, and the circumstances around the timeline. But still missing the "when and how" for me makes it a challenge and is a weakness to future prosecution in my opinion unless more evidence comes to light during a civil trial.

 

[MrsWatson]

It's a real civil suit that is filed so not bogus. I do think there may be an underlying intent to attempt a settlement prior to trial. But if it does go to trial the political climate is such that I wouldn't take bets... there are people in this country that are leery of behaviors by law enforcement and states that are changing laws. I still maintain a few of the counts have some validity....not all but a couple. What might come out if it actually goes to trial will be interesting and if it helps or hurts any potential future criminal case if Suzanne is not found. We don't know what a future criminal defense might be since we do know the running around with a dart gun theory is debunked for the most part and the needle sheath more likely Suzanne's potentially than Barry's we have no idea how the charges would be presented and defended. What's left is the telematics and GPS, and the circumstances around the timeline. But still missing the "when and how" for me makes it a challenge and is a weakness to future prosecution in my opinion unless more evidence comes to light during a civil trial.

BBM

If the needle sheath was indeed Suzanne's and part of her treatment, why did Barry not point that out when he was questioned about it? It would have been very simple for LE to confirm with her treatment team. He instead admitted that he had that equipment from his deer farming days.

 

[Momofthreeboys]

BBM

If the needle sheath was indeed Suzanne's and part of her treatment, why did Barry not point that out when he was questioned about it? It would have been very simple for LE to confirm with her treatment team. He instead admitted that he had that equipment from his deer farming days.

If it doesn't come up in a future trial then we'll know LE did follow up. I'm assuming Barry did have various equipment like needles that loaded darts that came from Indiana so he was truthful in that statement. Whether he knew exactly what he still had that week in that garage is a whole different thing as it looked like a pack rat garage and whether it was legal to transport that stuff to Colorado which he had legally in Indiana is a whole other thing. But I have always believed the assumption/circumstances of the sheath in the dryer was not beyond reasonable doubt given the few things we know as fact and was used by prosecution as a circumstantial assumption to bolster their "shot her with a dart gun" theory that they lead off with.

 

[Seattle1]

Does her bogus civil suit preclude those same officers and attorneys from testifying against him in a criminal trial?

^^rsbm

A huge difference in the civil suit: BM is the plaintiff here personally attacking LE/FBI/CBI, the named defendants.

 

[MassGuy]

^^rsbm

A huge difference in the civil suit: BM is the plaintiff here personally attacking LE/FBI/CBI, the named defendants.

Attack jonny, and I want to fight you. Good luck Barry, this might come back to bite you in the you know what.

 

[mrjitty]

The great news is, in pre-trial depositions Barry can be asked about the tranq stuff he dumped the day SM went missing ...

I assume he'd have to plead the 5th on that

 

[mrjitty]

BBM

If the needle sheath was indeed Suzanne's and part of her treatment, why did Barry not point that out when he was questioned about it? It would have been very simple for LE to confirm with her treatment team. He instead admitted that he had that equipment from his deer farming days.

Won't this be fun in Barry's depositions!

 

[Ontario Mom]

Attack jonny, and I want to fight you. Good luck Barry, this might come back to bite you in the you know what.

Oh, one can only hope.

 

[mrjitty]

.... since we do know the running around with a dart gun theory is debunked for the most part

RSBM

In what we do we know this?

 

[Lyanna]

Attack jonny, and I want to fight you. Good luck Barry, this might come back to bite you in the you know what.

Fingers crossed it does!

moo

 

[Seattle1]

The great news is, in pre-trial depositions Barry can be asked about the tranq stuff he dumped the day SM went missing ...

I assume he'd have to plead the 5th on that

"I don't recall.".....

 

[mrjitty]

"I don't recall.".....

'Well isn't that a curious thing Mr Morphew, because when you were speaking with Agent Grusing your memory seemed rather better ... "

 

[waldojabba]

It's a real civil suit that is filed so not bogus. I do think there may be an underlying intent to attempt a settlement prior to trial. But if it does go to trial the political climate is such that I wouldn't take bets... there are people in this country that are leery of behaviors by law enforcement and states that are changing laws. I still maintain a few of the counts have some validity....not all but a couple. What might come out if it actually goes to trial will be interesting and if it helps or hurts any potential future criminal case if Suzanne is not found. We don't know what a future criminal defense might be since we do know the running around with a dart gun theory is debunked for the most part and the needle sheath more likely Suzanne's potentially than Barry's we have no idea how the charges would be presented and defended. What's left is the telematics and GPS, and the circumstances around the timeline. But still missing the "when and how" for me makes it a challenge and is a weakness to future prosecution in my opinion unless more evidence comes to light during a civil trial.

From above BBM "It's a real civil suit that is filed so not bogus."

I am not the OP but I don't believe anybody is questioning whether the civil suit is real or not. Obvi its been filed so its a real civil suit. Its been posted here for all to see.
I believe "bogus" refers to the information filed within the civil suit.
Kind of like if you file a "bogus" insurance claim. Yes a "real" claim is filed but is the information in the claim real or a scam – as in “bogus”.
I am not the OP but the bogus part is meant to refer to the content of the civil suit and represents their opinion.
I do not believe the court has responded to any of the potentially bogus claims yet. So it remains to be seen whether the court feels the claims are bogus or not JUST MY OPINION

 

[waldojabba]

Attack jonny, and I want to fight you. Good luck Barry, this might come back to bite you in the you know what.

Hopefully that is exactly where this whole fiasco is headed IMO - A big ole boomerang in BM's tookus IMO

 

[Seattle1]

Right. It does seem odd. For instance the FBI would obviously vigorously defend the scope of its agents conduct in informal interrogations and has large resources to do so. It is long settled that LE can bluff or misdirect the accused - but the accused also has the right to say nothing which cannot be used against him. A victory for IE on that issue would have alarming consequences for federal and local agents ...

Not much activity on the federal docket since BM's complaint was filed on May 2, 2023, except he added another attorney of record, Cahill now has an attorney, and a scheduling conference on the calendar for August.

I believe Federal employees have 60 days to answer but I'm not sure about the others. (Generally, it's 21 days to file an answer).

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

https://abcnews.go.com/US/suzanne-morphew-husband-daughters-lawsuit/story?id=99247022 5/15/23 It's been just over three years since Suzanne Morphew vanished on Mother's Day. Now, her husband and their two daughters are speaking out for the first time since filing a $15 million lawsuit claiming...

www.websleuths.com

 

[steeltowngirl]

Can BM actually sue an FBI agent?

JUNE 9, 2022 08:59:30 AM
The US Supreme Court Wednesday made it harder to individually sue federal agents who violate constitutional rights. In a 6-3 decision the court limited the use of the 1971 case Bivens v. Six Unknown Named Agents to establish grounds for a lawsuit.

Bivens allowed federal agents to be individually sued for violating the Fourth Amendment, which protects citizens against unlawful search and seizure. The US itself can be sued for the tortious actions of its law enforcement officers exercising their duties according to the Federal Tort Claims Act. The decision does not eliminate the right to sue the agency; it only forbids lawsuits against individual agents on constitutional grounds.

US Supreme Court curtails right to sue federal agents

The US Supreme Court Wednesday made it harder to individually sue federal agents who violate constitutional rights. In a 6-3 decision the court limited the use of the 1971 case Bivens v. Six Unknown N...

www.jurist.org

 

[Momofthreeboys]

The great news is, in pre-trial depositions Barry can be asked about the tranq stuff he dumped the day SM went missing ...

I assume he'd have to plead the 5th on that

Why? Could he not say i saw it was expired so I threw it in my truck to toss with some other stuff.