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

[Seattle1]

Left a note for you.

Someone asked if Barry had a burner phone. It's highly possible. This phone traces back to Barry first using it Nov 2019. Accessing the phone since May 5 - May 12:

05/05/2020 12:48:34 PM (UTC-6)
05/10/2020 08:47:28 AM (UTC -6)
05/10/2020 11:50:52 AM (UTC -6)
05/11/2020 07:54:50 AM (UTC -6)
05/11/2020 08:14:29 AM (UTC -6)
05/11/2020 05:44;42 PM (UTC -6)
05/12/2020 05:58:11 PM (UTC-6)

Pg 42 of the unredacted AA

View attachment 451005 click image to enlarge

In BM's Civil Suit, IE attacks the AA burner phone allegation -- claiming these are related to a once shared Apple iCloud account by BM/SM. (Defense adds this to the exculpatory bucket).


Case 1:23-cv-01108-KLM Document 1 Filed 05/02/23 USDC Colorado Page 52 of 185

283. The Defendants authoring the Arrest Affidavit knew this statement
was false as the 2020 Search Warrant Return from Apple provided information
to show that was not correct.

284. The Defendants authoring the Arrest Affidavit knew from the 2020
Search Warrant Return from Apple that the “second device” identifier is not a
second “device” or phone, but instead likely identifies that Barry and Suzanne’s
iPhones were connected to the same iCloud account for a while.

285. This falsehood is significant and material because of the
implication that Barry was lying, concealing material evidence, and otherwise
behaving in a culpable manner.

286. The numerous false and misleading statements in the Arrest
Affidavit described above about Barry’s phone, and the omissions of
exculpatory facts, are incorporated by reference.7

287. The above false and misleading information and omitted
exculpatory information about Barry’s phone were material to a finding of
probable cause.

Footnote:

7 To repeat all of the false and misleading statements and omissions of exculpatory facts set forth in this Section would be voluminous and is unnecessary to provide additional notice to Defendants. Mr. Morphew incorporates throughout this Complaint into each section, subsection and claim all of the other information wherever it appears in the Complaint.

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

https://www.kktv.com/2023/05/02/barry-morphew-files-lawsuit-against-chaffee-county-officials-cbi-fbi-alleging-damages/?fbclid=IwAR21kZLtMeLuKqg6d6Fgcp-hfuenzHflzOASEaDqMQunQS6GzmOOw4VFCGo&mibextid=Zxz2cZ#lh768nl4deza2xayst Federal Complaint by BM - Pdf...

www.websleuths.com

 

[GOBliaison]

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.

^ vr sbm for focus ^ ​

IIRC - -
- - the 'slam' to which reference is made was for...- now how to phrase this in judicially-temperate language,, i.e.,in stark contrast to the record and the Honorable Lama,J., presiding... ahh...got it!

IIRC - -
- - this 'slam' was proximately caused by "episodic DA tardiness" in responding to a Defense litany, [read, the Defense landslide] of a theretofore in this venue never-experienced volume of potential (wha?) evidence, ...
...prosecutorial deficiencies for which Eyttan Mather could only approbate float-testing the DA... err... dismissal in toto.
____________________________________________________________
Aside?
Never-mind that the accused was not in pre-trial confinement, nor had there been any speedy trial chatter.

 

[Error505]

i also think if he is charged and if she drops the civil suit, she will ask him to find another lawyer. The stakes are up and she will want a hefty fee.

BareBear BM bound to be running out of cash for huge atty fees and no more Suzanne to take it from! MOO

 

[Seattle1]

Searches have been ongoing since May, 2023, for Edna Quintana who has gone missing in the area. Another missing person’s remains were found in the area in June, while searches were happening for Quintana. I have a strong feeling Suzanne’s remains were found via drone searches. The area is really vast, makes more sense to conduct extensive drone searches looking for anomalies in the landscape, bones, etc.
So MOO is Drone search turned up something which bore checking out, finding Suzanne.

MSN

I agree about the drone searches.

Also, important to point out that Edna Quintana's last known sighting was in Saguache (foothills), not Moffatt, and also where the male victim (Montoya, 26), missing from Lakewood since April was recovered on July 26. MOO

 

[Hilt]

Recalling statements the former boyfriend MH gave to LE captured on LE bodycam about SM's bike clothing by referencing her Instagram.

I also think SM's quoted posts in evidence support that SM's riding habits were limited to beginner trail locations and not where her bike was staged.

In other words, I'm sure there are no Instagram posts from the staged trail.

These three pics from the Arrest Affidavit (p. 40, provided by DeDee recently) depict easy/beginner trails (note: Little Rainbow is a beginner trail on Methodist Mtn. which has mainly easy trails). Also, she seems to have her camelback on in each of these photos, which for some unexplained reason she didn't have on the day of the murder during her "bike ride".

 

[Momofthreeboys]

BIB - exactly.

We know from the prelim that the case against BM was very strong, but in the context of a no body case - which are difficult at best.

As a case with a body - well, its a different ball game. This is a very strong murder case because the killer has no alibi, and has been caught staging the crime.

This is why she needed the case dismissed with prejudice, or to get her civil suit through before SM turned up.

Caught staging the scene? I don’t know if they can prove he did that yet beyond reasonable doubt. I am sure they are pouring over everything including the dog handler so maybe they can win that one but I have my doubts. The driveway telematics hold my interest around activity now more than the bike and helmet.

 

[Seattle1]

View attachment 451054
These three pics from the Arrest Affidavit (p. 40, provided by DeDee recently) depict easy/beginner trails (note: Little Rainbow is a beginner trail on Methodist Mtn. which has mainly easy trails). Also, she seems to have her camelback on in each of these photos, which for some unexplained reason she didn't have on the day of the murder during her "bike ride".

Yes! Both SM's vehicle and her glasses, camelback, were found inside her vehicle parked inside the garage and none including the vehicle accompanied SM on the alleged Sunday bike ride which in itself was not the norm. BM had no idea of her biking habits.

 

[kittythehare]

Caught staging the scene? I don’t know if they can prove he did that yet beyond reasonable doubt. I am sure they are pouring over everything including the dog handler so maybe they can win that one but I have my doubts. The driveway telematics hold my interest around activity now more than the bike and helmet.

They don't have to prove he dumped her bicycle beyond reasonable doubt.
They only have to prove he killed her.

 

[Seattle1]

They don't have to prove he dumped her bicycle beyond reasonable doubt.
They only have to prove he killed her.

Listening to Retired Judge Belvin Perry recently, I was also reminded that establishing how SM was killed is NOT an element for the prosecution to prove.

He explained: "There have been numerous cases before where the body hasn’t been found or has been too decomposed to determine how someone was killed or how they died, but you know they died by homicidal means, so how she died was not an element to prove."

"It's also incumbent any time they have a theory in the case to ask for what is known as a special jury instruction. They deal with a point of law that is not covered by standard jury instructions.

"In my preparation for this trial, one of the things I prepared was a special jury instruction just in case the state asked me for it, which was that how she died is not an element of the crime.

"But the state never asked ... I don't know if it made a difference, you'd have to ask the jury."

Just waiting on the Coroner now to give us the cause and manner of death.

Perry & Missed Chances

 

[SteelCity91]

Suzanne documents the bike's chain broke on April 20, 2020.

Pg 40 of unredacted AA
View attachment 451035

I know this was probably mentioned before but just want to bring it up again. Look at the 3 different pictures of her biking on different days and she had her camelback water backpack. AND she used it just days before her murder. But for some reason this last bike trip she didn't take it and it was in her car? I bet Barry couldn't find it in his rage to gather everything else. IMO

EDIT: this was mentioned above by @Seattle1 and @Hilt . You beat me too it

 

[Megnut]

I want to know if there was water in her camelback. She may have been preparing for her afternoon ride.

Did we ever determine whether her bike had been repaired?

 

[osu]

Suzanne Morphew disappearance: A complete timeline of the case​

Comprehensive details of the investigation into the disappearance and death of the Colorado mother​

• Carol McKinley
• Oct 2, 2023 Updated 34 min ago

Suzanne Morphew disappearance: A complete timeline of the case

Friday, Sept. 22, the Colorado Bureau of Investigation stumbled on forensic evidence which stunned cold case watchers. This is a timeline of the 3+ year old case.

gazette.com

 

[waldojabba]

Here’s hoping plant and soil particles from the gravesite were/will be recovered on the camo jacket. IMO

Sadly the camo jacket and other items discarded in Broomfield and along the way were never recovered. Imo

 

[k-mac]

Thinking about the civil suit in context (before SM was found)
How on earth a lawyer thinks they are going to pull this off when their client is caught and proven lying at every angle.

His bold face lie about the state of his marriage the day she vanished with provable evidence of the opposite.
That alone should have it thrown out of court.

The audacity of this is shameful.

LE had very solid justifiable reasons to look at him and charge him at the time.

His team just got lucky with the technicality of the prosecution withholding info from them and then them being punished for it.
Which ended with their case falling over.

My question to any of our wonderful legally knowledgeable posters here is, can the prosecution utilize all the information they were blacklisted about next time around?

 

[Sachi]

3:25 a.m. – 3:52 a.m.

Doors of Morphew's truck were opened and closed repeatedly.

4:23 a.m.

Suzanne’s phone pinged for the last time. The cellphone has never been found.

4:30 a.m.

Barry told investigators he woke up.

 

[Momofthreeboys]

They don't have to prove he dumped her bicycle beyond reasonable doubt.
They only have to prove he killed her.

Yes they need to have a strong strategy for what they choose to use in another trial.

 

[kittythehare]

Yes they need to have a strong strategy for what they choose to use in another trial.

they have always had a strong strategy.
Have you read this at all?
It is worth your time..

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases%20of%20interest/21CR78/21cr78%20Morphew%20Redacted%20Affidavit.pdf

 

[GOBliaison]

That she is! Sucks for Barry .

In a strange way, I actually think the dismissal has worked in the prosecution’s favour in a number of ways. For one, IE’s tactics are well understood now. The devil you know……. They are now better equipped to deal with her. The DNA has become a moot point. Cahill, gone. Expert witnesses will testify. Suzanne’s remains found. Very much hoping something will come of the forensics. A cherry on top!

I don’t for a minute think finding Suzanne’s remains in another location than what they originally believed is an insurmountable hurdle. Barry had plenty of time. We may not know what vehicle he used but everything else that is known is plenty, never mind what we are not privy too. As I said before, as long winded as the AA was, some of it unnecessary, there’s more. IE knows what we don’t and I suspect that’s why she needs to make these attacks. It’s all she has. It may take a while to pull it all together, but Barry’s done. Bye, Bye Barry!

Hasta luego, Butt Brains!

 

[SleuthBee]

I think most of the defendants are being represented at the cost of the state/feds.

Win or lose, Iris & BM's 15 million dollar suit comes as a burden to the taxpayers. Plus, there's potential of setting a horrible precedent. There should be sanctions against the DA for not handing over the evidence to the defense. However, it doesn't appear to me there was intent to withhold evidence that would completely exonerate BM of the murder of SM.

It's hard to tell if it's greed or Iris is out of her mind over BM or both. Hopefully, the judges kicks the case to curb where it belongs.

 

[JnRyan]

Suzanne documents the bike's chain broke on April 20, 2020.

Pg 40 of unredacted AA
View attachment 451035

When the question comes up of where she rides and who knew it is interesting. We're told she is a "beginner" implying those are the routes she would ride, but pg 40 seems to say something different:
"From a review of Suzanne Morphew's Instagram account (obtained through a search warrant in the state of Colorado), the attached pictures of her often in biking outfits were located with the dates:
05/06/2020 4:30 PM (MST) with location "Little Rainbow Trail"
04/27/2020 4:36 PM (MST) with location "Mount Shavano"
04/20/2020 2:18 PM (MST) with location of Methodist Mountain and captions "First single track!" and "Broke my first chain (smiling emoji)"

5/6, Little Rainbow Trail. While it does have section with 10+ degree climbs it is rated as "Beginner" or "Easy".
https://www.alltrails.com/trail/us/colorado/little-rainbow
This is part of the Methodist Mt trail system and is south of Salida, requiring one to most likely to load up the bike in a vehicle and drive there since it is a ~15 mile trip to the trailhead.
Skipping to "Methodist Mountain" on 4/20. I can't find a specific trail labeled "Methodist Mountain", rather it is an entire trail system consisting of 12 trails of which I found were either "Beginner" or "Intermediate". But again it is ~15 miles from her house so she would have to drive to the trailhead.

Methodist Mountain

Methodist Mountain is a singletrack mountain bike trail in Salida, Colorado. View maps, videos, photos, and reviews of Methodist Mountain bike trail in Salida.

www.singletracks.com

It is the entry on 4/27 that I find interesting. Shavano Mt. This one is DEFINITELY NOT a beginner trail, but rather is rated "Advanced" or "Black Diamond" on different sites. This trail can be accessed from her house without driving by crossing Hwy 50 and going up the Colorado Trail. BUT it can also be accessed from the east by driving up to the trailhead as depicted here:

Mount Shavano Trail

Mount Shavano Trail is a singletrack mountain bike trail in Salida, Colorado. View maps, videos, photos, and reviews of Mount Shavano Trail bike trail in Salida.

www.singletracks.com

Either way she accessed the trail it is a difficult ride which belies her status as a "beginner". She might be "new" to mt biking, but this lady can definitely ride if this is true. I had been riding and racing for over 20 years (mostly road) when I tried to take on a 5+ mile black diamond in the Shenandoah area and I almost didn't make it.

As to who knew about her riding there are a couple of points:
On pg 6. "Mallory stated that Suzanne mountain-bikes regularly during the afternoon hours, often using a wide trail across the highway. Suzanne normally took her cell phone, sunglasses and blue backpack/ hydration bladder on the bike rides." (So SM did ride up to Hwy 50 and used that trail? That one is not clear to be sure.)
On pg 16. "In March through May of 2020, Libler and Suzanne talked a lot about mountain biking and Libler looked at the trails online in Colorado and they sometimes talked before Suzanne went for a ride. Suzanne put her bike in her car on her way to the trail heads and did not often ride in her own neighborhood. She normally rode in the evening for about half an hour or forty minutes."
('...did not often ride in the neighborhood'. But often, not never. 'rode for about half an hour or forty minutes.' Now that does sound like a beginner.)
My personal favorite is on Pg 6 again. "Macy stated that Suzanne works out at the gym regularly and that recently she has taken up mountain biking daily. Macy added that Barry has mountain biked with Suzanne a couple of times."
(BM actually rode with her???? I'd like to see photographic evidence! I know it is her daughter, but I just can't picture him on a bike trying to get up even a 3% grade.)
Finally, on Pg 9. "There were personal items, to include Suzanne's driver's license and credit cards, throughout the vehicle. Items from the interior were pulled out by sections or areas and photographically documented on butcher paper. Some of the items collected included a women's jacket and knit cap in the rear, pairs of sunglasses and a key in the glove compartment, a Camelbak 16 and sunglasses in the front passenger seat, spa chemicals on the front passenger floorboard, and a Scot Bicycle Service receipt in the front driver door."
(Beginner or not, there is NO WAY you go out without either water bottles or your hydration (i.e., Camelbak) pack! No, I don't see a ride happening that day.)

(Broke her chain? On 4/20 with what is apparently a fairly new bike? Nine times out of ten I've seen the rear derailleur break before the chain gives out. Not that it has anything to do with her case, I just find it interesting.)

From this, I don't believe Libler, BM, Mallory or Macy really knew much about her riding. In fact, I don't believe anybody really knew.