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

[GoJacks]

ALL DEFENDANTS Answers to BM's Civil Complaint due by 10/13/23.

On 9/28/23 - Defendants Jeff Lindsey, Alex Walker, Linda Stanley, and ALL CBI defendants, filed a Joint Motion for Order to Exceed Word Limit for Their Motions to Dismiss.

Generally, a Motion to Dismiss shall not exceed 4,000 words. The Moving Defendants intend to file motions to dismiss all claims asserted against them pursuant to Fed.R.Civ.P. 12(b)(6).

Given the Plaintiff's 185 page, 1042 paragraph Complaint asserts thirteen separate claims for
relief, the defendants cite that additional words are necessary for the Moving Defendants to adequately present their motions to dismiss given the length of Plaintiff’s Complaint, the complex nature of Plaintiff’s thirteen claims and the scope of Defendants’ defenses including absolute immunity for the prosecutor defendants and qualified immunity for all defendants. The defendants requested the Court extend the word limit for their respective motions to dismiss by 2,500 words—for a total of 6,500 words.

Of special note, counsel for Defendants Lindsey and Walker conferred with Plaintiff’s counsel, Jane Byrialsen, regarding the +words relief requested in the Motion, and Ms. Byrialsen objected to the relief requested.

Personally, I'm more than pleased to learn these defendants intend to file Motions to Dismiss in response to BM's Complaint, and I hope the Court sees through this charade of false and embellished allegations levied by BM, and grants the Motions and relief requested! MOO

@Niner

Interesting time for them to file a motion to dismiss, no?

Maybe interesting isn’t necessarily the word I’m looking for. Funny almost.

 

[mrjitty]

Interesting time for them to file a motion to dismiss, no?

Maybe interesting isn’t necessarily the word I’m looking for. Funny almost.

I want it to go to trial and see Barry plead the 5th to every question

 

[Jurisprudence]

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.

But, this hold back from discovery is essentially the crux of her complaint. All of it. I see what you're saying but I wouldn't refile this case and attempt to try it again without having an answer for every single thing she pointed out/laid out, and for which the judge slammed the state for not disclosing, penalizing them so severely that they really had no choice but to file that motion to dismiss.

On the depos, he could still plead the 5th since he still has criminal exposure. However, this is typically admissible in civil cases from which a jury is free to draw (and usually does) an adverse inference. And, circumstances have changed in the past week now.

The judge granted the motion to dismiss in April; she filed suit May 2nd, and now suddenly, there's a body and a new investigation. Not insinuating she'd otherwise have urged him to lie, but the calculus is now different imo. This is why I think she's been a bit unhinged with the "social media statements". She started her train down the tracks. Now she has to figure out how to navigate this new development. I don't think he can come out looking good pleading the 5th. She'll be fighting to narrow the scope - something that may prove difficult with her bucketful of Claims and boatload of defendants.


All jmo

 

[Lyanna]

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

Same here
Thank you for posting the civil docket update earlier x

 

[Jurisprudence]

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.

Did he cobble this job together sometime after 2 p.m. on Saturday, May 9, 2020 per chance?

jmo

 

[Boxer]

Rushi.

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.

The rushing was a mystery. Some guessed he was configuring hismself for a runner, but nothing was confirmed. I have hardly ever heard anything as unprofessional as an FBI agent on the stand saying he had not read the PCA.
So many unforced errors.

Arresting Morphew was ‘worst decision that you can make,’ CBI agent says

New documents were released Tuesday related to the Barry Morphew case.

kdvr.com

 

[Lyanna]

Interesting time for them to file a motion to dismiss, no?

Maybe interesting isn’t necessarily the word I’m looking for. Funny almost.

Was watching a documentary about Maribel Ramos and KC Joy earlier. He had been caught zooming in where her body had been hidden using satellite images on a library computer. Made me think about Suzanne’s remains being found. I know the reports are she was found during a search for Edna Quintana, but just imagine. Barry, in a public library doing something similar. It would be brilliant.
Very unlikely but I can hope

MOO, JMO, IMO

ebm

 

[Jurisprudence]

Interesting time for them to file a motion to dismiss, no?

Maybe interesting isn’t necessarily the word I’m looking for. Funny almost.

??? They (certain state and LE defendants) are the ones seeking to dismiss Morphew's civil suit, aren't they? I thought it was they who were asking for permission to exceed the word limit in their briefing to have Morphew's case tossed.

I would not be surprised however if very soon Morphew withdraws his complaint given the current state of play. We'll see what IE does.

jmo

 

[Diddian]

For me, I could never get past the fact that he literally used the Ritters to report SM missing! This while lounging in his hotel room.

He blamed a faulty wall on his "independent contractor" workers. He attributes his odd movements to animals. He used the Ritters to report SM missing. He used his nephew to address the public and the media after SM disappeared. He used his youngest daughter to fend off Lauren's questions. And he used both daughters - one on each arm to window dress his court appearances to appear innocent.

The man triangulates to avoid accountability. And that is the nicest thing I can write about him.

 

[GoJacks]

??? They (certain state and LE defendants) are the ones seeking to dismiss Morphew's civil suit, aren't they? I thought it was they who were asking for permission to exceed the word limit in their briefing to have Morphew's case tossed.

I would not be surprised however if very soon Morphew withdraws his complaint given the current state of play. We'll see what IE does.

jmo

Yes, the defendants are the ones asking to dismiss.

I just think the timing of it is funny. They found her body and now are asking for it to be dismissed. Will be interesting to see how IE/Barry proceed now.

 

[al66pine]

"Nowhere to Go"?
Snipped from post* by @Charlot123 in previous thread.
".... And mom got killed because maybe she stayed with him for too long - but she had nowhere to go, she was not self-sufficient...."

Agreeing that maybe SM stayed w BM for "too long."

IIUC, "not self-sufficient" phrase refers to employment prospects, so I'm wondering about that.

SM had a college or uni. degree; a teacher license, tho issued 25+ yrs ago ago; she was employed as a public school teacher for multiple yrs.
Office work (IDK exact nature) for BM's landscaping biz.
Perhaps other skills developed thru volunteer positions?

Maybe not her first choice, but possibly a return to teaching?**
Just saying she was not unemployable or limited to entry level, minimum wage jobs. Seems she had somewhere to go, imo. Did she feel like she had "nowhere to go" for employment? Maybe, IDK.

Back to justice for Suzanne.
______________________________

* Found Deceased - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #108

** Teaching, w SM's qualifications & experience.
In Colorado:

Teachers from Out-of-State/Out-of-Country | CDE

www.cde.state.co.us

Requirements for a Colorado Initial Teacher License | CDE

www.cde.state.co.us

In Indiana:
"An expired license may be renewed at any time."

Our kids. Our schools. Our future. | Indiana State Teachers Association

The Indiana State Teachers Association (ISTA) is the voice of public education and educators in Indiana.

www.ista-in.org

 

[Boxer]

Did he cobble this job together sometime after 2 p.m. on Saturday, May 9, 2020 per chance?

jmo

According to the DM (so needs additional research) job was arranged on May 10.

Employee of Suzanne Morphew's husband DENIES they were having affair

Morgan Gentile, who worked for Barry Morphew at the time his wife Suzanne disappeared in Colorado in May, has insisted she was not having an affair with him and says she is scared.

www.dailymail.co.uk

 

[Jurisprudence]

According to the DM (so needs additional research) job was arranged on May 10.

Employee of Suzanne Morphew's husband DENIES they were having affair

Morgan Gentile, who worked for Barry Morphew at the time his wife Suzanne disappeared in Colorado in May, has insisted she was not having an affair with him and says she is scared.

www.dailymail.co.uk

Yeah it had to be before then bc he "left" for the job on the 10th at 5 am. So, if this was a last minute job, booked on Saturday the 9th, it does seem to line up with a theory that he booked an alibi immediately before or after the fact (after her demise).

jmo

Suzanne Morphew disappearance: A complete timeline of the case - Denver Gazette

The Colorado Bureau of Investigation stumbled on a bombshell of forensic evidence in Saguache County, which stunned cold case watchers on Sept. 22. That day, investigators were searching for the remains of a missing woman named Edna Quintana, who had disappeared last May. Instead, the human...

denvergazette.com

 

[Love Never Fails]

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.

Still find it odd that they find a bike of a missing person and everyone handles it. Did they not have better training?

 

[Charlot123]

I

Rushi.

The rushing was a mystery. Some guessed he was configuring hismself for a runner, but nothing was confirmed. I have hardly ever heard anything as unprofessional as an FBI agent on the stand saying he had not read the PCA.
So many unforced errors.

Arresting Morphew was ‘worst decision that you can make,’ CBI agent says

New documents were released Tuesday related to the Barry Morphew case.

kdvr.com

I am not sure that it was the worst decision. The case is not over. I think that finding Suzanne is the best thing that ever happened to this case.

Maybe someone knowing more, but keeping silent, might finally realize that people don't change. All his life this guy had an overvalued idea - hunting. And it's beyond a hobby, it is an overvalued idea. And then he just progressed from animals to a human.

He's angry, he's aggressive. It is dangerous to have him as a friend or a close person. He has long memory. It's dangerous to live knowing that Barry might remember that you witnessed something, or heard something, or can put two and two together.

 

[JerseyWasHome2]

Still find it odd that they find a bike of a missing person and everyone handles it. Did they not have better training?

That blew me away watching that video for the first time yesterday. Even if they initially assume "accident, injured, probably nearby" - you never know. And wheeling it up the hill put local dirt on the tires. I wondered if the tires had any dirt on them at all and then they contaminated them as well.

 

[Diddian]

According to the DM (so needs additional research) job was arranged on May 10.

Employee of Suzanne Morphew's husband DENIES they were having affair

Morgan Gentile, who worked for Barry Morphew at the time his wife Suzanne disappeared in Colorado in May, has insisted she was not having an affair with him and says she is scared.

www.dailymail.co.uk

I recall that Lauren Scharf contacted the Indiana contractor that subcontracted the Broomfield wall work to BM and was told by an employee there that BM had notified them on Thursday, May 7 that he was going to be fixing the wall the coming week.

ETA: Here's the Lauren Scharf video addressing the issue. The discussion about the contractor/subcontractor relationship involving the wall starts at 1:53 in the video and the information that the employee learned May 7 that BM was going to be fixing the wall the week of May 11 starts at 4:06.

 

[Jurisprudence]

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.

I disagree that the prosecution (or any lawyer in a similar situation in a civil case), should refile without being prepared to address this. Messing up once was bad enough. They're lucky they didn't proceed to trial and find themselves staring at an acquittal. One bite at this apple. This case would be done. Over.
jmo

 

[Charlot123]

"Nowhere to Go"?
Snipped from post* by @Charlot123 in previous thread.
".... And mom got killed because maybe she stayed with him for too long - but she had nowhere to go, she was not self-sufficient...."

Agreeing that maybe SM stayed w BM for "too long."

IIUC, "not self-sufficient" phrase refers to employment prospects, so I'm wondering about that.

SM had a college or uni. degree; a teacher license, tho issued 25+ yrs ago ago; she was employed as a public school teacher for multiple yrs.
Office work (IDK exact nature) for BM's landscaping biz.
Perhaps other skills developed thru volunteer positions?

Maybe not her first choice, but possibly a return to teaching?**
Just saying she was not unemployable or limited to entry level, minimum wage jobs. Seems she had somewhere to go, imo. Did she feel like she had "nowhere to go" for employment? Maybe, IDK.

Back to justice for Suzanne.
______________________________

* Found Deceased - CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #108

** Teaching, w SM's qualifications & experience.
In Colorado:

Teachers from Out-of-State/Out-of-Country | CDE

www.cde.state.co.us

Requirements for a Colorado Initial Teacher License | CDE

www.cde.state.co.us

In Indiana:
"An expired license may be renewed at any time."

Our kids. Our schools. Our future. | Indiana State Teachers Association

The Indiana State Teachers Association (ISTA) is the voice of public education and educators in Indiana.

www.ista-in.org

Probably. In general, I think she could have done better than Barry. Any hospitality service, arranging big meetings, even for corporations. In Suzanne, I see class, good taste, social skills. Or if she wanted to get back to teaching, I see no issues there. Eventually.

But you forget - she was finishing chemo. Insurance, treatment, all that jazz. There was a reason why she was discussing something in South America with JL.

God forbid one has cancer and needs treatment and insurance drops them.

 

[Jurisprudence]

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

You think she was in the home until he moved her, and then proceeded to stage the scene with her bike?

jmo