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

[kittythehare]

<modsnip: Quoted post was removed>

I am trying to stay hopeful that some remains remained in the grave, thereby keeping significant evidence contained.

JMO

Range of dispersal was broader than I'm comfortable with.
Still, it was a recognisable shallow grave so must be something there..

 

[Seattle1]

Range of dispersal was broader than I'm comfortable with.
Still, it was a recognisable shallow grave so must be something there..

Agree. I recall the range reported around 75 yards.

 

[k-mac]

Do you know that Mr. May did not read the AA?

Why do people just assume someone is not familar with the case simply because they have a different take?

Mr. May has actually prosecuted cases in Colorado. The AA in this case has been questioned for its lenght and use of potentially non-admissible evidence by various professionals, includeing ex-LE and attorneys. The judge bound the case over for trial, but with bail to the defendant. That alone shows the court did not view this as a slam dunk.

Murder cases like this (spouse accussed) are not often dismissed by the State on the eve of trial.

Now, the only thing the State would need to re-file is digital data tying BM to the site where SM was discovered. LE already has all the digital data they would need to perform this analysis. If BM was involved, it seems that his digital data would led to the discovery of the body at some point. That does not appear to be the case in this matter.

I'm optimistic finding SM location will make lots of previous grey area in this case BLACK AND WHITE and tie it all together with a big fat bow.

 

[Hilt]

Agree. I recall the range reported around 75 yards.

Also important is the dispersal distribution. A concentrated area of remains with a lesser amount of scattering over a fairly large range is possible

 

[O.Incandenza]

I tend to agree with you, but I just don't see how it works for IE to plead that BM was lying because he was tricked but then BM pleads the 5th. BMs own statement is that the location data was correct.

Just one example, but doesn't the case simply collapse at that point?

It's hard to see how it doesn't.

But maybe the hope was that they can do discovery and find evidence of prosecutorial misconduct, and then go to a jury with that evidence and explain BM's silence as simple caution after being 'burned' by LE once already. I don't think it would work, but it makes more sense than letting him answer questions under oath which would be a complete disaster.

I think IE really, really wanted to be able to serve discovery requests on LS's office because she thinks that they did some intentionally shady stuff with discovery and she can use that as ammunition in a 2nd criminal trial.

The funny thing now is that the new criminal case may be brought by an entirely different DA's office (at least I hope so), so finding dirt on LS will be mostly irrelevant.

 

[Hilt]

I’m mulling over what an innocent husband would do if his murdered wife’s remains were finally discovered after three years. It’s hard to put oneself in another’s shoes (or in Mr. Morphew’s case, his lace-less boots) but at a minimum I would expect:

• Immediately contact authorities to determine when the remains will be released.
• Begin planning for the Christian burial.

It would be interesting to know if he has done either and if he will be coming to Salida to make arrangements anytime soon.

Some, well me for instance, would want to go to the place she was found and grieve. But that, I’m sure, isn’t for everyone.

 

[Seattle1]

It's hard to see how it doesn't.

But maybe the hope was that they can do discovery and find evidence of prosecutorial misconduct, and then go to a jury with that evidence and explain BM's silence as simple caution after being 'burned' by LE once already. I don't think it would work, but it makes more sense than letting him answer questions under oath which would be a complete disaster.

I think IE really, really wanted to be able to serve discovery requests on LS's office because she thinks that they did some intentionally shady stuff with discovery and she can use that as ammunition in a 2nd criminal trial.

The funny thing now is that the new criminal case may be brought by an entirely different DA's office (at least I hope so), so finding dirt on LS will be mostly irrelevant.

This is the Civil Case where BM is the plaintiff and the burden of proof is on him, not LS and the other defendants to prove they are innocent of prosecutorial misconduct or other! If BM, the plaintiff, can't/won't testify, this suit will likely be dismissed by the Court.

 

[Charlot123]

It's hard to see how it doesn't.

But maybe the hope was that they can do discovery and find evidence of prosecutorial misconduct, and then go to a jury with that evidence and explain BM's silence as simple caution after being 'burned' by LE once already. I don't think it would work, but it makes more sense than letting him answer questions under oath which would be a complete disaster.

I think IE really, really wanted to be able to serve discovery requests on LS's office because she thinks that they did some intentionally shady stuff with discovery and she can use that as ammunition in a 2nd criminal trial.

The funny thing now is that the new criminal case may be brought by an entirely different DA's office (at least I hope so), so finding dirt on LS will be mostly irrelevant.

You know, LS might have made mistakes, but at least she showed leadership, "it is my decision, and if I am wrong, I'll take the fall". History shows that even the best leaders occasionally misjudge the situation, but worst problems occur because people are afraid to take any responsibility, make any steps, or demonstrate any leadership. I think the biggest mistake LS made was to undervalue the size of BM's purse. JMO.

 

[Hilt]

Mr. Morpew's counsel has told us that “What needs to be done instead of pointing fingers at Barry Morphew, is asking the officials about the number of missing people and number of human remains that have been recovered in or from Saguache County in the recent past.”

With the arrest of suspects in the James Montoya murder case today (guy found dumped 20 miles from Moffat in July), it would appear that the basis for claiming Suzanne was the victim of a serial killer/unknown stranger is certainly weakened. I don’t think it will be too long before there will be no conceivable scapegoats left.

At that point I hope we can stop pointing and give the fingers a rest.

 

[Seattle1]

Indeed her answer to the left turn and chipmunk hunt is that Barry lied about those lies.

But her claiming things isn’t evidence. Barry would have to testify to what ‘really’ happened.

^^rsbm

There was a moment during Alec Murdaugh's trial when his defense attorney was examining a SLED Agent and Judge Newman had to interrupt him to tell this attorney he was not allowed to testify! This reminds me of IE. She can't testify or make evidence because she wishes it.

 

[kittythehare]

This is the Civil Case where BM is the plaintiff and the burden of proof is on him, not LS and the other defendants to prove they are innocent of prosecutorial misconduct or other! If BM, the plaintiff, can't/won't testify, this suit will likely be dismissed by the Court.

Exactly.

 

[O.Incandenza]

This is the Civil Case where BM is the plaintiff and the burden of proof is on him, not LS and the other defendants to prove they are innocent of prosecutorial misconduct or other! If BM, the plaintiff, can't/won't testify, this suit will likely be dismissed by the Court.

It's a civil case, so the standard of proof is only preponderance of the evidence (>50%). So burden of proof means a lot less than it does in a criminal trial.

I'm not saying that I think the case is or was likely to succeed, just that they must have had a strategy for getting past summary judgment and I can't imagine that strategy involved Barry testifying. I don't like IE, but she doesn't strike me as crazy or incompetent.

I guess the other possibility is that Barry just really wanted them to go on the offensive so IE got her friend a payday and is fine with the civil case being dismissed eventually.

 

[kittythehare]

Also important is the dispersal distribution. A concentrated area of remains with a lesser amount of scattering over a fairly large range is possible

Good thinking.
what are the factors that effect dispersion and i'm wondering whether we should be looking at weather events in that specific area since the date she died?

 

[Seattle1]

The only semi-logical plan I can think of is that she was planning to have him take the 5th and then blame it on his fear of being unjustly prosecuted by LE.

Letting him testify under oath to the details of the days surrounding Suzanne's disappearance would be tantamount to malpractice, IMO. So either she wasn't planning for the suit to get that far and it was just a tactic to pressure LE, or she was planning to have him take the 5th.

BM is the plaintiff -- he filed the suit. How can the plaintiff remain silent and the case continue?
If IE tells the Court he fears being unjustly prosecuted, there was always the chance of this when his case was dismissed with prejudice. IE gambled and lost.

 

[windrower]

He has a degree in Horticulture Production from Purdue.

I don’t believe we ever found documentation or any kind of confirmation (BM shown or listed in a yearbook or other official papers) that BM actually graduated from Purdue, only that he attended there.

If proof was discovered that he graduated, please post, I’d love to see it. Thank you.

I saw that earlier but was posting the AA stuff. I hope we get another, fresh, new AA after a Grand Jury Indictment. The heading above the times the AA phone was accessed is:

(Possible Second Device for Barry)

On June 11, 2020, your affiant received information from FBI SA Grusing and Computer Scientist Brian Turner that while reviewing the data from the cell phone extraction of Barry's iPhone, they found a second device,
User ID: 2BD073C4-EFD5-4 l 3C-92AC-35 l DD5B43C 11, identifier: + 13 I 79952426, was associated with Barry's iPhone with an SMS at 03:43:44 PM MST on May 81 h, 2020.

pg 52

b and u by me

I think consumers are much wiser today regarding Apple products and services and I only wish I could count myself in that category!

Decades ago when it was understood that certain states were pretty much dependent on one specific carrier for reasonable cell signal/service, I was required to subscribe to cell service by both major carriers A & V, and owned two iPhones, one served by each carrier.

Following Apple's advice at the time, it was recommended that I only use one ID for both phones which resulted in both phones sharing the same iCloud at 5GB. It might have worked if Apple acknowledged that two new phones sharing the same iCloud should receive the equivalent iCloud storage of two new iPhones that do not share the same ID, but they don't! If you want more than 5GB, upgrade to iCloud+

IMO, I think Morphews most likely had a family cell phone plan with only one shared iCloud until SM decided to exit from the family iCloud and had a separate iCloud with use limited to her phone only. I think this occurred about two years before she was murdered, and SM refused to share her iCloud password with BM.

I think all phones except SM's phone were in BM's name, and BM and his daughters shared the same iCloud.

Also, we learned from MG that Macy's phone was inside BM's truck on Saturday when she was away on a camping trip. MOO

I’m unclear on this whole area of phone data.

Wouldn’t the bolded and underlined information above reveal which phone it is if it were a phone of someone in the family plan?

 

[girlhasnoname]

Even if a father knows, it's not a topic for discussion with anyone but her mother.

BM has NO class, sense of decency or respect for the women in his life. Murder investigation or not, I am appalled at the way he discusses anything sexual about Suzanne. He faulted her for not showing him affection while she was getting cancer treatment and then was insistant on the investigators believing he and SM had sex. <modsnip: unnecessary>

BM treated the women in his life (wife and daughters) like trophies. Something to be shown off and a reflection of what a good man he must be.

Trophies like the ones of the dead animals he killed and mounted on the walls. It was a prideful, egotistical showing of his 'property'. Not love and admiration or thoughts of what made them all genuinely happy, just fancy dressings showing how wonderful his life was and how he was worshipped by them.

MOO

 

[DeDee]

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

"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."

likely - as in I'm likely to win a race that I'm unlikely to win?

When discussing evidence in a murder investigation, how can the D use the word likely? Either Barry had an extra phone or he didn't. I'm sticking with the AA for the time being.


how can the D claim it likely IDs the two phones were connected when it is just as unlikely that they were.

 

[jbc]

I'm reminded that the wife was planning to run off with her lover to Ecuador.
Both of them were planning to leave children, spouses, and all other family members in the dust.
"...See ya', bye bye. Nice to have known ya'."

Sure Barry looks guilty has heck.
So terrible, since he should have just let her go and he'd have come out looking great comparatively.
Tragic. But, a good lesson: just let 'em go.

 

[Seattle1]

It's a civil case, so the standard of proof is only preponderance of the evidence (>50%). So burden of proof means a lot less than it does in a criminal trial.

I'm not saying that I think the case is or was likely to succeed, just that they must have had a strategy for getting past summary judgment and I can't imagine that strategy involved Barry testifying. I don't like IE, but she doesn't strike me as crazy or incompetent.

I guess the other possibility is that Barry just really wanted them to go on the offensive so IE got her friend a payday and is fine with the civil case being dismissed eventually.

^^bbm

I don't doubt the strategy was BM et., al being dependent on the State/Feds to settle and the case never going to trial -- even if BM had to lie during his depositions.

Inference to be drawn

While in a criminal procedure, the court must instruct the jury that it cannot draw an inference of guilt from a defendant’s failure to testify about facts relevant to his case, (Griffin v. California (1965) 80 U.S. 609). In civil cases, “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” (Baxter v. Palmigiano (1976) 425 U.S. 308, 318.)


Under Baxter, an opposing party can’t simply point to the silence and claim victory in their civil case. A court is entitled to draw adverse inferences against the party who “pleads the Fifth.” As Justice Brandeis said, “Silence is often evidence of the most persuasive character.” (United States ex rel. Bilokumsky v. Tod (1923) 263 U.S. 149, 153-154.)

 

[Hilt]

Good thinking.
what are the factors that effect dispersion and i'm wondering whether we should be looking at weather events in that specific area since the date she died?

Weather is a factor but also the foraging behavior of animals in the area. The specific animal behavior factors are pretty gruesome. But suffice to say, the main scatter issue is whether scavenging animals took remains to a nest (for offspring), or to a more secure location for feeding.