Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #109

[mrjitty]

I am not so worried about the new location for the body

The statement in the application to dismiss doesn't form part of the murder trial. The evidence is the body. It doesn't matter that at one time the prosecution thought it was someplace else.

Basically we have the same case, which was a strong no body case, and no body cases are always tough - transformed into a body case. Which means it is now much stronger.

I agree they need not be in a rush, but even with no new forensics other than the body, the case is now much stronger than before.

I think the only oddity is how BM got to the disposal site, but so long as he could have done so, the prosecution don't have to prove this.

 

[rainbowshummingbird]

I'm still having this nagging feeling that she was moved from her original location to this one after time had passed. JMO

Why do you think that?

In my opinion, burying a body one time is risky; burying the same body twice is insanity.

 

[Megnut]

If he left "so early" in the morning while "she was still in bed" how we he know what outfit she put on that day - unless he was there at some point. Caught in another slip up or lie? Was this what she was wearing on Saturday? If so, that would seem a slip up to me for sure.

jmo

I bet Suzanne started Saturday in the white outfit. No breakfast in bed from Barry. She dressed for JL. It's what she was wearing when Barry left the house Saturday morning.

Suzanne changed into her swimsuit, possibly stepping out of the whites in her bedroom. Were they in the wash? In her closet? No reason for them to be missing....

Personally I think Suzanne showered or was on WhatsApp on a separate device... missing BM's calls.

I think she was half dressed when he returned. Baby blue top.... shorts still on the closet floor.

I would love to know how quickly Barry answered the question about her clothes -- I think his mind's eye flashed on two conflicting images -- what she had been wearing and what he was going to make up. Kind of surprised he didn't say clothing clothes. Suzanne always wears clothing clothes ....

Honestly, I don't think he cared much about what she did during any day, provided his needs were met.

I don't think he cared all that much if she had a little internet fantasy, so long as she serviced him.

His little camera made it real. Too real.

Enter rage.

JMO

 

[SleuthBee]

My opinion, too many things in Suzanne were shaped by being diagnosed with lymphoma at 17. She beat the cancer and against all odds, had children. I suspect she stayed with her boorish husband, his tachydermic aesthetics and all, only because she felt...I don't know how to put it better, but God provided life, and family and kids, so staying with Barry was her payback?

I believe you are right. IIRC, SM's brother stated that she became sick, BM made himself available to her and her mother. When SM was too weak to walk, he would pick her up and carry her. Of course, he completely won over SM's family. They thought the world of him. BM built his business on her family's referrals. I think it would have been difficult to turn down his marriage proposal.

 

[justtrish]

Okay.

End result factually, still the same. It was new. Therefore a good chance her bike was too. That was my focus on the point. All of the alleged unknown DNA found, much on the bike. My focus from yesterday's thread was how new was the bike, not who introduced her to it. Rather, who else could have handled the bike and unwittingly and innocently deposited DNA on it.

jmo

Yes for sure!

I didn't mean for my previous response to be directed AT you. I admit I have a rather distasteful view of Barry and so I think my response was more the reaction to him introducing this thing to her, when it's my view that he had very little interest in her outside of what he claimed was the only thing men wanted.. sex. Every interview he did showed how little he thought of her despite him saying he loved her, none of his actions pointed that way and all those lies...

This was a new hobby and I am remembering something about her bike having just been in the repair shop that week prior.. I look to see where I saw that, but maybe someone else here recalls where that was said?? I believe she had just gotten it back and I'm even remembering something about Barry saying he took it out of her car for her because she asked him to. That just felt like more of a cover for why his fingerprints might be on that bike when found. She usually didn't ride at their house, she took the bike to other trails that were easier/beginner trails.

 

[Ontario Mom]

I'm still having this nagging feeling that she was moved from her original location to this one after time had passed. JMO

I lean the other direction. I think he killed her Saturday afternoon, took her there that night in those overnight hours he's been unaccounted for, and that was that. Once she was reported missing, all eyes, from locals to the media, then national and international media were all over Barry Morphew's every move.

I wouldn't be surprised to learn she was buried in the same clothes she had on in that last pic she took and sent to JL.

jmo

 

[10ofRods]

I agree with this 100%. They will have to make modifications to the theory of their case now. The defense will try to exploit this. For example, from their motion to dismiss:

"a. Good Faith Basis to Dismiss

As an offer of proof, the People and law enforcement believe we 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. Specifically, the area law enforcement has been focused on is in a remote and mountainous region nearby the Morphew residence. This area received a significant amount of snow over the winter months before a search could be completed. To date, the area has 5 feet of snow concealing the location where the People believe Ms. Morphew is located. As a result, the People cannot safely excavate this area and resolve this unanswered question."

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

She wasn't found anywhere near there.

They have to start from scratch and go slow with an entirely new team on all sides (LE and prosecution) to re-examine and develop the evidence and case, including doing a DNA sweep of places maybe like the bike shop, and genealogy testing on the unknown male and female DNA that is present and not attributable to the out-of-state SA assailant. They have to run all loose threads to the ground first. There is no statute of limitations on murder, so take your time, and do it right.

All jmo

Getting control over the DNA angle could be as simple as a spreadsheet. Every crime scene has stranger DNA in it, in one way or another. The various male DNA found all over the property gets put into a chart. I think they already know who the bike/bike helmet male DNA belonged to (the bike shop guy). They don't even need to ask for that to be in evidence - and most jurisdictions won't allow the Defense to simply point a finger at a known local resident who is not alleged to be part of the crime.

The State puts its views on who the DNA belongs to, organizes an affidavit regarding "partial DNA" and hires an expert there. They seem to almost need an expert to help them hire experts, frankly - but that's possible too. They need to get help with that part, IMO.

That would be starting from scratch and you're right - that's what they have to do. Every single person on the State's team should memorize that chart and all the other salient evidence and know it like the back of their hands. Let Barry stew.

I still don't have a good theory on why the State rushed its case the way it did. Bet it won't happen the next time. Meanwhile, the depositions in the civil case will create news headlines into the foreseeable future, unless there's some mechanism for a gag order (which I've never seen in a Federal civil rights case - these are always cases that need to be heard by the public and the press; the depositions may not have press present - but the lawyers on both sides could speak if they wished and I bet the lawyers of the defendants in that case will have a FIELD DAY talking to the press).

IMO.

 

[mrjitty]

Something I find interesting about the case is in some respects BM was forensically aware but in other respects he was epic fail.

Like he wasn't dumb enough to log telematics all the way to the gravesite, or take his phone there

Yet he was dumb enough to log telematics at all his dump sites and get caught on video at them - as well as to lie about his alibi in a way which would be disproved by his truck telematics e.g what time he left

Strange inconsistency IMO

All in all this shows he was rather less clever than given credit for IMO. Far from genius disposal down an unknown mineshaft he simply buried her on the side of the road.

We don't know how he got there - but actually the prosecution don't need to prove exactly how he did it - only that he could have.

 

[justtrish]

I follow that to a point, except wasn't her bike found off Rt 225? That would be the obvious path to the trailhead of the Colorado Trail off the hwy from Puma Path (north). IF she did take the section of the CO Trail on the other side of the hwy. Otherwise, the CT continues in the other direction on 225 past Foose's Dam (west). She probably rode both sections. Come to think of it, it wouldn't have taken a genius (and I don't believe BM is one) to conjure up a logical place to stage a bike accident or abduction scene without having to go on the trail itself.

If you watch the body cam video the young man explains it well. I don't know the area, I just was basing this off what he said because he was into mountain biking and he seemed to know what he was talking about with that area and her skill level. My point was Barry having no idea what she was able to do or not do guessed on a dumping location for that bike and when someone came along that did have an idea (the daughters boyfriend).. he realized immediately that was an odd place and listed reasons why. She didn't bike on those trails up there by her house because they were difficult and she was new to it. I know it was mentioned she drove to some trails that were more her ability level. That is likely why the camel back was in her car. I am guessing her bike was in that car also because Barry mentions being the garage to take her bike out for her. I'm thinking he was giving his prints a reason to be on that bike.. but we might never know really.

 

[Jurisprudence]

And yet he is a very innocent guy who will definitely being doing depositions in his civil case!

Very true. He gives up his right to remain silent, possibly giving way to additional charges. Or, otoh, if he does plead it, it can introduced and an adverse inference may be drawn from it.

jmo

 

[justtrish]

Something I find interesting about the case is in some respects BM was forensically aware but in other respects he was epic fail.

Like he wasn't dumb enough to log telematics all the way to the gravesite, or take his phone there

Yet he was dumb enough to log telematics at all his dump sites and get caught on video at them - as well as to lie about his alibi in a way which would be disproved by his truck telematics e.g what time he left

Strange inconsistency IMO

All in all this shows he was rather less clever than given credit for IMO. Far from genius disposal down an unknown mineshaft he simply buried her on the side of the road.

We don't know how he got there - but actually the prosecution don't need to prove exactly how he did it - only that he could have.

Remember those spy pen recordings of him listening to crime podcasts? I bet he was aware of some things because he listened to those and his info was limited to what was discussed in those?

 

[Seattle1]

I follow that to a point, except wasn't her bike found off Rt 225? That would be the obvious path to the trailhead of the Colorado Trail off the hwy from Puma Path (north). IF she did take the section of the CO Trail on the other side of the hwy. Otherwise, the CT continues in the other direction on 225 past Foose's Dam (west). She probably rode both sections. Come to think of it, it wouldn't have taken a genius (and I don't believe BM is one) to conjure up a logical place to stage a bike accident or abduction scene without having to go on the trail itself.

It seems to me that the location/trail where the bike crash was staged is NOT a location where SM would have ridden according to the former boyfriend. SM was a beginner and that trail requires you to walk the bike up the hill. Also, SM typically drove to the location she wanted to ride and certainly would not have gone to the crash location without taking her vehicle where she transports her bike in the back of the RR. It doesn't follow that her vehicle was left at home with all of her biking accessories inside including her glasses, camelback, etc. JMO

MH interview starts at about the 4 min mark:

Feb 1, 2022

These videos were played in court during preliminary hearings for Barry Morphew and have been released to public for the first time.

 

[girlhasnoname]

I follow that to a point, except wasn't her bike found off Rt 225? That would be the obvious path to the trailhead of the Colorado Trail off the hwy from Puma Path (north). IF she did take the section of the CO Trail on the other side of the hwy. Otherwise, the CT continues in the other direction on 225 past Foose's Dam (west). She probably rode both sections. Come to think of it, it wouldn't have taken a genius (and I don't believe BM is one) to conjure up a logical place to stage a bike accident or abduction scene without having to go on the trail itself.

Suzanne was a new mountain bike rider. She stuck mainly to known spots and definitely not curvy mountain roads based on the daughters bf and what we learned from JL. She would put her bike in her RR and take it to where she usually rode IIRC.

 

[girlhasnoname]

It seems to me that the location/trail where the bike crash was staged is NOT a location where SM would have ridden according to the former boyfriend. SM was a beginner and that trail requires you to walk the bike up the hill. Also, SM typically drove to the location she wanted to ride and certainly would not have gone to the crash location without taking her vehicle where she transports her bike in the back of the RR. It doesn't follow that her vehicle was left at home with all of her biking accessories inside including her glasses, camelback, etc. JMO

MH interview starts at about the 4 min mark:

Feb 1, 2022

These videos were played in court during preliminary hearings for Barry Morphew and have been released to public for the first time.

Jinx

 

[justtrish]

Start about the 3 minute mark and listen to what the daughters bf had to say. I still think about him and his family. They genuinely seemed to care for her as a person.

 

[Seattle1]

RSBM - it's this kind of thing that makes me so mad about IE's civil case where she claims BM was tricked into lying to LE about the left turn and chipmunk hunt.

He himself has never said he was lying. Yet we are supposed to believe he was the victim.

I'm anxious to read the Motions to Dismiss and how the defendants address these misrepresentations of the facts by IE!

 

[girlhasnoname]

Agent Cahill observed scratches on Barry's left upper arm. Barry stated, Yeah, like,
that from a tree ... in, uh - wh- when were hikin' in the mountains." AA pg 21 of 129 (last par)

AFAIK, there was no hikin' in the mountains that day. BM ridiculous story # ??

That first pic is definitely Barry's left arm and deep fingernail gouges IMO. Which would make sense if he was on top of Suzanne strangling her. Oh that's so sad to type out, her last moments must have been horrible.

MOO

 

[Jurisprudence]

Yes for sure!

I didn't mean for my previous response to be directed AT you. I admit I have a rather distasteful view of Barry and so I think my response was more the reaction to him introducing this thing to her, when it's my view that he had very little interest in her outside of what he claimed was the only thing men wanted.. sex. Every interview he did showed how little he thought of her despite him saying he loved her, none of his actions pointed that way and all those lies...

This was a new hobby and I am remembering something about her bike having just been in the repair shop that week prior.. I look to see where I saw that, but maybe someone else here recalls where that was said?? I believe she had just gotten it back and I'm even remembering something about Barry saying he took it out of her car for her because she asked him to. That just felt like more of a cover for why his fingerprints might be on that bike when found. She usually didn't ride at their house, she took the bike to other trails that were easier/beginner trails.

No worries. It was redacted in the arrest affidavit and I definitely mis-wrote. I appreciate you pointing out the mistake and for the reminder that there was a preliminary hearing here, something probably worth watching, even now.

I was also unaware that there was a repair shop involvement and that it was a known fact. Being it was known, now I wonder if this makes things better or worse. I was just spitballing on that, thinking of places they might go now (in this renewed investigation) to test and explain away some of the defense's laundry list of unknown sources on the bike.

But, if they knew about it and tested those potential sources that doesn't seem like it would bode well since they didn't mention them. But, if they never did test anyone at the bike shop, that could be very helpful to them on a re-filing, especially if they get even one match from it. It would put at least one dagger into her theme that there was numerous unknown male DNA left (or found) at the crime scene if they can show that some of that DNA was pre-existing and was brought "to" the scene.

jmo

 

[SleuthBee]

ITA! Yes, it was Mother's Day and you would think a husband would celebrate the mother of his children. SM's two daughters also decided to be out of town. I've always wondered if their trip was BM's idea. Before they left, did they provide their mom with flowers or candy or make her a card or do anything at all?

JMO

IMOO, SM's wants and needs never came before the others. I doubt a man-child like BM could tolerate it. Attempts to change that dynamic are usually met with devaluation and the AA seems to support that.

I know mothers that would never settle for what Suzanne thought was okay.

 

[Boxer]

ITA! Yes, it was Mother's Day and you would think a husband would celebrate the mother of his children. SM's two daughters also decided to be out of town. I've always wondered if their trip was BM's idea. Before they left, did they provide their mom with flowers or candy or make her a card or do anything at all?

JMO

He cobbled together a last minute "job" on Sunday.
Calling in workers who would need a hotel for the night, and then didn't bring either needed equipment or materials for the job.
That was his Mothers' Day.