Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #110

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  • #201
Ashley Franco
@AshleyKKTV

Quick update— we’re on a 5 minute break but we are not allowed to have phones or computers in court now due to an issue. More to come after the day is wrapped.
2:42 PM · Jan 24, 2022
^^rsbm

I forgot about this issue that happened during the Jan 24, 2022 Motion hearing!

IIRC, a defense investigator in court with IE accused a local who was not present in the courtroom of recording the proceeding and replaying it on YouTube. The local was active in the search for SM and is known to LE and social media as being anti-BM. To clear his name, the local appeared in a closed Court session the following day, proving to Judge Lama's satisfaction, that he was not responsible for any part of the court proceeding allegedly being replayed on YouTube.

Following the incident, I believe Lama kept the Order banning phones or Computers inside the Courtroom which essentially killed live Tweets or updates from the Court until breaks, lunch, or the Court in recess.

First, the Court stated WebEx was hacked, and later reported that it was not.

UPDATE: The WebEx being used to host the hearing was hacked and was being broadcast on YouTube, violating court orders. No electronics are being permitted inside the courtroom at this time.

Lauren Scharf
@LaurenScharfTV

Judge Ramsey Lama said, "We were not hacked," according to the Chaffee County Courts IT Team referring to the Jan. 24 motions hearing. He said that someone in the courtroom might have been live-streaming so phones are still not allowed in the courthouse.

11:59 AM · Feb 1, 2022
 
  • #202
Judge Lama agreed with the defense BM could not receive a fair trial in his home county. The Court wrote an eight-page order for the change in venue.

Judge grants change of venue; Barry Morphew case moved to Fremont County

Published: Feb. 1, 2022 at 8:46 AM PST|Updated: 11 minutes ago

CHAFFEE COUNTY, Colo. (KKTV) - The court has sided with the defense and is granting a change of venue for the ongoing Barry Morphew murder case.

The judge agreed with the defense’s argument the Morphew would have a hard time getting a fair trial in his home county.

“Because of the size of the community and the pervasive negative pretrial publicity since Suzanne Morphew’s disappearance, the Court finds that a fair trial cannot take place in Chaffee County. ... This is a high profile case in a relatively small county with a small jury pool. The media saturation is high. Therefore, the Court also finds, considering the factors articulated in McCrary and the Botham tools at the Court’s disposal, the pretrial publicity in this case has been so massive, pervasive, and prejudicial, that Defendant will not receive a fair trial in Chaffee County,” the court wrote in an eight-page order, which can be read in full here.

All upcoming hearings and the trial itself will now be held in Fremont County. The court declined to grant the defense’s request that the trial be held outside the 11th Judicial District altogether.
 
  • #203
I wonder if police have ever went back and searched the road from the helmet up to the "turn around spot" and back. Maybe with metal detectors. I know likely no manpower for that, but I sure do think he deposited at least one other item along that route.
LE searched for 3 1/2 miles, both sides of US highway.
 
  • #204
LE searched for 3 1/2 miles, both sides of US highway.
Wasn't it following the discovery of SM's helmet that US Hwy 50 was closed most of the day at Monarch Pass? Or maybe it was the "personal item." Did we ever learn what this was?

 
  • #205
This point was raised in Post #649, because it would put the last ping of Suzanne's phone at the same place as Mr. Morphew admitted to being in the pre-dawn hours of May 10 (page 74 of Arrest Affidavit). MassGuy, who is quite knowledgeable regarding this case, pointed out that the ping location was apparently not correct (see posts #651 and 717). Still, it's confounding to me that where LE identified the last ping of Suzanne's phone in the Arrest Affidavit was exactly the point where Mr. Morphew turned around after his Elk siting excursion (the County Rd. 283 turnoff in Garfield).

In Post #772 I asked if there published records from the Preliminary Hearing that explain why the location of the last ping on Suzanne’s phone is unreliable (i.e., wasn’t 11.5 miles west of the Poncha Tower), but so far, crickets.

The reporter, Lauren Scharff, mentions Suzanne's last phone ping in a tweet dated August 9, 2021 as part of the preliminary hearing coverage but i couldn't find any mention of rebuttal by Mr. Morphew's counsel. Inquiring minds want to know.
So....where was Barry at 4:23? Maybe Barry knew about pings and destroyed Suzanne's phone at the Garfield turn around. He wouldn't necessarily have had to leave it there, just ensure it died there.

Then his phone comes out of airplane mode as he passes PP toward Broomfield? Wasn't it 9 minutes later? 6+ miles from Garfield might compute....

Jmo
 
  • #206
LE searched for 3 1/2 miles, both sides of US highway.
Maybe they didn't search far enough. He didn't necessarily toss it though, he may have just killed it. Perhaps he expected them to find it by ping.

Jmo
 
  • #207
Wasn't it following the discovery of SM's helmet that US Hwy 50 was closed most of the day at Monarch Pass? Or maybe it was the "personal item." Did we ever learn what this was?

IIRC they recovered fabric with a brownish smear from the same area as the helmet.

Jmo
 
  • #208
This might partially answer your question

The prelim is not a full test of the evidence and there is some stuff we don't know.

It is now clear from IE's civil complaint that Grusing was prompted to ask if BM might have gone somewhere else (the infamous left turn) by at least 2 data insights

1. Missing mileage
2. Location data suggesting he drove west

This turned out to be inspired because BM admitted the insights were correct.

IMO @MassGuy and others are correct that BM admitted to this because he thought the truck telematics had revealed it, but it seems it was a mobile device - likely BMs own phone but potentially SMs as well.

But as Grusing is not a cellular/GPS data expert IMO he stuck largely to his knitting in the prelim.

There is one related curiosity here.

Why didn't telematics show the left turn? (If indeed it did not)

In fact the only telematics data we have is what the defence exhibited in the prelim.

I recall discussions with @sk716 who is big on the telematics that there were 2 points of note.

1. The telematics exhibited is basically logged data. So every time something happens with the truck, hundreds of tiny data points are saved. But this isn't in itself that useful to humans. Generally telematics would be used to provide data that humans can use like journey data, fuel economy, average speed, journey time, trip mileage yada yada yada. Why is there none of that kind of dashboard reporting data?

e.g GPS positioning data seems to only be logged when the truck stops. Was the truck not capable of plotting it's live route? or was it not saved? or did BM banjax it?

2. The telematics exhibited by the defence is presumably a snapshot of some of the evidence that was discovered. What did they leave out?

tldr - what is curious here about the left turn is that presumably BM did not stop, because we have no telematics end point until he arrives at the RTD bus stop

The last telematics event for BMs truck at the Morphew residence is at 3.49am but the phone does not go dark until 4.23am. This suggests to me the phone was not switched off at the Morphew Residence. Or was he sitting in the driveway in the truck messing with the phone?

I'd really love to hear from the telematics and cellular experts as to how these 2 things fit together. Did the phone shake hands with the network when he turned it off at 4.23 and he didn't realise it would do that? Why don't we have telematics of the left turn? Or do we? Where does the timetable suggest he must have been at 4.23?

IE's civil complaint indicated that there are events on SM's phone that we don't know about, so I am guessing we simply don't have a full deck here, and don't know exactly what the prosecution would argue at trial.
I'm going to guess that IE hoped to exploit passive cellphone events. If my phone isn't plugged in at 2 am, my screen will light up, asking me to schedule my next update.

IMO that would register as an event, based on what I learned from the AMurdaugh trial.

An event, yes, but did a human generate it? No.

IMO Suzanne's predictable cellphone activity prior to 2:30 pm on the Saturday afternoon of MDW will deviate starkly with any activity after.

JMO
 
  • #209
I'm going to guess that IE hoped to exploit passive cellphone events. If my phone isn't plugged in at 2 am, my screen will light up, asking me to schedule my next update.

IMO that would register as an event, based on what I learned from the AMurdaugh trial.

An event, yes, but did a human generate it? No.

IMO Suzanne's predictable cellphone activity prior to 2:30 pm on the Saturday afternoon of MDW will deviate starkly with any activity after.

JMO

Agreed

From the civil case we know what these might be

e.g you wake up the phone by picking it up. or you receive messages etc. IIRC it is claimed there is an outbound call?

I am reasonably sure BM could not get into the phone which is why he didn't stage anything.
 
  • #210
So....where was Barry at 4:23? Maybe Barry knew about pings and destroyed Suzanne's phone at the Garfield turn around. He wouldn't necessarily have had to leave it there, just ensure it died there.

Then his phone comes out of airplane mode as he passes PP toward Broomfield? Wasn't it 9 minutes later? 6+ miles from Garfield might compute....

Jmo

I remember there was a focus in discussions on here about what BM was doing between 3.49am and 4.23 am

It's half an hour. Where was he?

The last telematics GPS log is at 3.49 am in the PP driveway, and the next is not until 8.10 am at RTD Bus Stop - so there are actually more than 4 hours journey here.

There are no Odometer Read ** events between when he parks the truck at PP at 14:44 pm and RTD bus stop at 8.10am the next day, so I think this means he did not park up anytime in between

** but here is where things become guesswork

1. There is no odometer read event for reversing the truck in the drive at 9.25pm "gear shift to reverse" - but presumably this is because he drives in reverse not forward

2. There seems to be an Odometer read every time he drives somewhere and parks - but not always - some are missing e.g. DSI and on previous days - is this because the defence simply didn't exhibit them all?

3. There is no Odometer read or other event for any of the left turn to Garfield - this may well be because he never turned the truck off until he reached RTD?

So for me a great curiosity is why there is no telematic data for anything between 3.49 am in the PP driveway, and 8.10 am at RTD Bus Stop. That is 4 hours 21 mins when he was all the time with his truck.

Is this because the defence left out a bunch of telematics?

Or did he continuously operate the truck that long?

Is it possible to park the truck but leave it running, and not trigger any event?
 
  • #211
IIRC they recovered fabric with a brownish smear from the same area as the helmet.

Jmo
Color: teal, as far as I remember.
The same brownish smear was found at home, on the floor in a closet, as far as I remember.
Seemed both suspect to me.
 
  • #212
Does anyone have a searchable PDF of the civil complaint to hand? I seem to have lost mine and want to see what it says about cellular/location/telematics
 
  • #213
IIRC they recovered fabric with a brownish smear from the same area as the helmet.

Jmo
Wasn't their brown something on the closet area also and in the garage area? I recall seeing the note it was tested for blood and was not, but it was never said what it actually was.

I wonder what color this tranquillizer material is. I tried googling, but just found a bunch of articles about how people are ODing on horse tranquillizers laced with fentanyl
 
  • #214
Wasn't their brown something on the closet area also and in the garage area? I recall seeing the note it was tested for blood and was not, but it was never said what it actually was.

I wonder what color this tranquillizer material is. I tried googling, but just found a bunch of articles about how people are ODing on horse tranquillizers laced with fentanyl
I recall the same.

Would a test for human blood test positive for animal blood? I assume so.

I definitely want to know what color BAM is (or whatever he put in the darts). Did some get on her shirt and he discarded it? Did he spill some when he was filling the darts? Did he fire one inside and missed his target? Instead hitting the doorframe of the closet and it leaked out while he was busy in the primary bedroom?

Do they have the capacity NOW to test any of thise areas for tranquilizing agents?
 
  • #215
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I don't think he put her phone with her body. He tossed it somewhere and I think he was looking for it. He told LE she was riding with that helmet the jacket and her phone. He left the bike, then the helmet for police to find. I think he was wondering why they didn't find the phone! He had to go look himself.

He knew where her body was and he was not going south for any reason.. keeping all the focus up by the house and acting like he was bothered her brother and the searchers wanted to come there.. all distractions from where he knew she was.

Your post makes me think about performative criminality. Staging. Etc. His mother surely wondered why he wasn't "doing something" to find Suzanne, so maybe he took her out to show her what he could do. Really good manipulation of a family member (Mom). Probably lifelong.

IMO.
 
  • #220
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