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

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  • #221
This is the other thing I was looking for. If this is correct and in the CAST report, why did IE not argue it at the preliminary hearing

364. Known to the Defendants who authored the Arrest Affidavit, but not disclosed therein, was the fact that the FBI’s C.A.S.T. report (dated June 2020) documented activity on Suzanne’s phone in the early morning hours on May 10, 2020, just before the “events” on Barry’s truck.

365. Suzanne’s phone was both receiving and sending calls in the early morning hours of May10, 2020.

It really is interesting that IE doesn't have any genuine argument against the digital evidence other than "static drift' so logically she is claiming her client was lying.

Only Barry doesn't say he is lying - so how can that work in practice unless he testifies?

So much weirdness
 
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  • #222
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?

The helmet was found by a jogger, about 25’ from US50. This triggered the search for more items on US50. LE made it confusing as they referred to two items found on US50. These were the helmet and the bike (which was off the county road).
 
  • #223
I think Barry knew enough to make sure the phone went into water. Maybe her sunglasses were tossed as well. Barry overestimated himself by thinking others were stupid enough to believe an abducter left a breadcrumb trail pointed in their direction.

THIS!!!

Barry’s absolutely ridiculous, childish attempts at staging gives it all away. He staged and staged and staged for two days straight and it all is so easily and clearly linked to him.

He actually thought it would appear perfectly natural for a kidnapper to leave a BREADCRUMB TRAIL down the road. For a kidnapper to chuck out the window one personally identifiable item every mile, for a few miles down the road. Additionally he thought it clever that it goes in the opposite direction from where he’s going.

This thinking and planning is at the level of a child. That ham handed level of staging by itself points to him in every way. But wait. That’s not all. Then data is uncovered that puts him at the place of the staging every step of the way. Location data puts him at the spot where her bike was chucked in the bushes (at 4am when he says he was in bed sleeping). And then he admits to turning the opposite direction of his alibi trip, first turning and driving all the way through the Breadcrumb Trail before heading Alibi Way.

Once prosecutors go through all of Suzanne’s data and all of Barry’s data and all the staging connected to Barry’s locations and times for two days straight, this is a near slam dunk case. The two main pieces of the puzzle missing for this to be a complete slam dunk case was: where Suzanne’s body was, and what Barry did for 4 hours the night she disappeared, the only time his location is unaccounted for a long stretch starting at 10pm.

Now that they have these pieces of the puzzle, the case against him is overwhelming… and competent prosecution can put him away for decades. I am expecting to hear of an arrest within days.
 
  • #224
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’ve wondered if the brown stains found were from a sunless tanner or bronzing lotion that can easily transfer onto clothing and fabrics?

We know that Suzanne like to tan frequently at a tanning spa so it’s very possible that she was also using a tan accelerator. The tanning bronzers can also be used while sunbathing outside.
 
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  • #225
This is the other thing I was looking for. If this is correct and in the CAST report, why did IE not argue it at the preliminary hearing



It really is interesting that IE doesn't have any genuine argument against the digital evidence other than "static drift' so logically she is claiming her client was lying.

Only Barry doesn't say he is lying - so how can that work in practice unless he testifies?

So much weirdness
Yeah, there were no calls. IE knows that.

Phone just registered internal, operational events.

IE is filibustery.

JMO
 
  • #226
I forgot Illinois. So 4 total and then the random mention of Maryland. View attachment 452155P noView attachment 452161
Considering these are IE/team BM’s claims about Prosecution not turning over/hiding the information, well…..just because they say it doesn’t mean it’s true. I recall learning during the Preliminary Hearings, the Prosecution turned over 10,000 pages of discovery and iirc something like 5 Terabytes of data which IE claimed she and her staff had trouble opening/accessing the mega terabyte file LOL.
You’d think a high profile Attorney of IE’s caliber would have an IT/tech savvy person on staff to assist, or at least have a contracted/for hire on speed dial.
I digress.

The discredited CBI agent Cahill, who we learned had accidentally shot himself in the hand with his own service revolver, was demoted to the marijuana unit and ultimately ended up resigning, imo threw his testimony regarding the DNA at the PH after being coerced and/or paid to do so during a phone call with IE the night before he testified. iirc, the prosecution mentioned in one of their filings that agent Cahill did not provide the testimony he was prepared to give, something to that effect.

Again, the DNA on the glovebox of SM’s vehicle is a red herring. It was found in that one place and nowhere else- not also found on the bike, the helmet, in the house etc. It was a partial match and not going to explain why it’s not relevant as has already been explained by many astute posters and in thorough finer detail by our esteemed @10ofRods.

LE did their due diligence, investigated the glovebox DNA and ruled it out. Period.

Essentially what IE and BM want us to believe is that some crazed abductor touched Suzanne’s glovebox while grabbing her from her car, and with a struggling Suzanne, managed to put gloves on because again glovebox DNA not found on anything else/non corroborating, and while Suzanne is struggling/fighting him off in the garage, somehow manages to grab her bike and helmet, throws Suzanne, the bike and helmet into his car, drives to 2 separate locations to dump/stage the bike and the helmet, and now that we know her body has been found, kills, digs and dumps her in a shallow grave. Did all this. In broad daylight. Without anyone seeing or hearing a thing. Suzanne’s vehicle not being involved in the crime (remember she was abducted from a bike ride (wink wink)), and no abductor would ever go to all that trouble (dump/stage bike and helmet, bury body, frame husband) notwithstanding. The whole thing is disjointed, nonsensical and patently, absurd. But this is what IE/BM want the public to believe and to ignore all the mountainous corroborating, damning evidence pointing straight at BM. SMDH.

The prosecution’s case was gutted by Judge Lama during pre-trial court proceedings when he issued harsh sanctions for discovery violations which imo happen regularly in most cases.
Lama himself said the violations were
not willful yet still decided to issue the harshest penalty to prosecution by eliminating 12 of 14 of their expert witnesses!

Consider- if this case had still proceeded to trial after Judge L’s ruling striking majority of the P’s expert witnesses, imo highly likely BM would have been acquitted and wouldn’t be able to re-try him after recent body discovery due to double jeopardy. That is a scary thought and so I again say kudos to LS for requesting a dismissal w/o prejudice and very thankful Judge L granted it. A year and a half later divine intervention stepped in and Suzanne was finally found, Amen! It will take some time but hopefully her killer, imo BM, will be brought to Justice sooner than later.
Until that happens, may he have not one moment’s peace, unable to sleep, constantly looking over his shoulder etc.

Tick Tock…

IMHOO

#JUSTICEFORSUZANNE
 
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  • #227
I do hope Barry is here on WS daily, reading

Tick Tock.

(And reading everything else). That presumes he can read, of course.

IMO.
 
  • #228
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.
Closet was tested not blood.
 
  • #229
I do hope Barry is here on WS daily, reading

Tick Tock.

(And reading everything else). That presumes he can read, of course.

IMO.
Would love to know what his google searches have been like since her body was found.
 
  • #230
I’ve wondered if the brown stains found were from a sunless tanner or bronzing lotion that can easily transfer onto clothing and fabrics?

We know that Suzanne like to tan frequently at a tanning spa so it’s very possible that she was also using a tan accelerator. The tanning bronzers can also be used while sunbathing outside.
That assumes it was Suzanne’s. Hikers and homeless leave “stuff”. I presume if it was near the helmet it was taken in and tested or determined to not have any connection.
 
  • #231
Considering these are IE/team BM’s claims about Prosecution not turning over/hiding the information, well…..just because they say it doesn’t mean it’s true. I recall learning during the Preliminary Hearings, the Prosecution turned over 10,000 pages of discovery and iirc something like 5 Terabytes of data which IE claimed she and her staff had trouble opening/accessing the mega terabyte file LOL.
You’d think a high profile Attorney of IE’s caliber would have an IT/tech savvy person on staff to assist, or at least have a contracted/for hire on speed dial.
I digress.

The discredited CBI agent Cahill, who we learned had accidentally shot himself in the hand with his own service revolver, was demoted to the marijuana unit and ultimately ended up resigning, imo threw his testimony regarding the DNA at the PH after being coerced and/or paid to do so during a phone call with IE the night before he testified. iirc, the prosecution mentioned in one of their filings that agent Cahill did not provide the testimony he was prepared to give, something to that effect.

Again, the DNA on the glovebox of SM’s vehicle is a red herring. It was found in that one place and nowhere else- not also found on the bike, the helmet, in the house etc. It was a partial match and not going to explain why it’s not relevant as has already been explained by many astute posters and in thorough finer detail by our esteemed @10ofRods.

LE did their due diligence, investigated the glovebox DNA and ruled it out. Period.

Essentially what IE and BM want us to believe is that some crazed abductor touched Suzanne’s glovebox while grabbing her from her car, and with a struggling Suzanne, managed to put gloves on because again glovebox DNA not found on anything else/non corroborating, and while Suzanne is struggling/fighting him off in the garage, somehow manages to grab her bike and helmet, throws Suzanne, the bike and helmet into his car, drives to 2 separate locations to dump/stage the bike and the helmet, and now that we know her body has been found, kills, digs and dumps her in a shallow grave. Did all this. In broad daylight. Without anyone seeing or hearing a thing. Suzanne’s vehicle not being involved in the crime (remember she was abducted from a bike ride (wink wink)), and no abductor would ever go to all that trouble (dump/stage bike and helmet, bury body, frame husband) notwithstanding. The whole thing is disjointed, nonsensical and patently, absurd. But this is what IE/BM want the public to believe and to ignore all the mountainous corroborating, damning evidence pointing straight at BM. SMDH.

The prosecution’s case was gutted by Judge Lama during pre-trial court proceedings when he issued harsh sanctions for discovery violations which imo happen regularly in most cases.
Lama himself said the violations were
not willful yet still decided to issue the harshest penalty to prosecution by eliminating 12 of 14 of their expert witnesses!

Consider- if this case had still proceeded to trial after Judge L’s ruling striking majority of the P’s expert witnesses, imo highly likely BM would have been acquitted and wouldn’t be able to re-try him after recent body discovery due to double jeopardy. That is a scary thought and so I again say kudos to LS for requesting a dismissal w/o prejudice and very thankful Judge L granted it. A year and a half later divine intervention stepped in and Suzanne was finally found, Amen! It will take some time but hopefully her killer, imo BM, will be brought to Justice sooner than later.
Until that happens, may he have not one moment’s peace, unable to sleep, constantly looking over his shoulder etc.

Tick Tock…

IMHOO

#JUSTICEFORSUZANNE
I've often wondered about the DNA found on the glove box. I know that in NC you have to get your vehicle inspected each year prior to getting your license plate sticker for your tags. Maybe a mechanic touched the glove box to get the registration card for an inspection? Maybe, could've. Or maybe BM got one of his laborers to clean his vehicles.
 
  • #232
I do hope Barry is here on WS daily, reading

Tick Tock.

(And reading everything else). That presumes he can read, of course.

IMO.
Nah. He does podcasts. True crime. He just doesn't listen that well.

Jmo
 
  • #233
I've often wondered about the DNA found on the glove box. I know that in NC you have to get your vehicle inspected each year prior to getting your license plate sticker for your tags. Maybe a mechanic touched the glove box to get the registration card for an inspection? Maybe, could've. Or maybe BM got one of his laborers to clean his vehicles.
Could be. It shouldn’t have been an issue other than it wasn’t disclosed in a timely manner. There was unknown dna in quite a few places one of which was the glove box. In the car I think some was in the backseat, on the helmet, in the house etc. I said earlier i think it will be mostly hit head on by prosecution if there is a new prosecution. I think the bigger thing to address is the timing and location for the crime and how that is handled by prosecution.
 
  • #234


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  • #235
  • #236


Thank you Seattle1. The civil complaint points to the fact that the 4:23 last ping on Suzanne’s phone is “unreliable because of the “static drift” phenomenon.” Just what is meant by unreliable is rather important since Mr. Morphew has admitted that he was in the same general location as the ping in about that timeframe on May 10.

It’s true that locating a mobile phone based on a single cell tower is subject to uncertainty due to various environmental factors that cause drift, but the big question is (and this may be the subject of expert witness testimony at a future trial) how large a potential location area is implied by the uncertainty.

The last ping occurred 3 miles west of the Morphew residence. If the ping accuracy, for example, is “reliably” plus or minus 2.5 miles, it puts the phone west of the residence at a time when Mr. Morphew has stated Suzanne was in bed sleeping. (no bueno for Señor Morphew).
 
  • #237
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.
But there were password requests generated from Puma Path between 2:47pm on 5/9 and the 4am hour 5/10.
 
  • #238
So as remembered the civil lawsuit claims that the missing 18 miles were because BM drove to Salida Stove and Spa and back on the afternoon of the 9th

This is 'highly exculpatory' information that the prosecution withheld.

And yet, it appears nowhere in the truck telematics, which IE fails to mention - therefore it obviously did not happen and the mileage is missing.

I don't care for the purposes of the civil suit. Rather, what it interesting is this is the defence trial version.

However these things might play in terms of 'highly exculpatory information withheld' clearly they don't work as a trial defence strategy. The reason Grusing knew to ask Barry about the missing mileage is because it could only have occurred after 3.49am on the trip to Bloomfield because other then reversing down the driveway, the truck never left PP again that day. The reason he knew BM turned left is location data showed it. The reason BM confirmed it, is because he knew Grusing already knew it.

Whatever IE wants to say about static drift, BM is tied into the left turn unless he decides to testify. The reason is static drift is simply a way to explain how the data record might be wrong. But BM confirmed the data was correct, and the mileage has to be somewhere - as does the 4+hr journey time - what the hell was he doing?

I am fairly certain we would find this about lots of the other claims if we had the data.

e.g IE claims it is highly exculpatory that there were only 18 truck events between 3-4am and not 80 - but why were there any??? BM himself claimed he did not leave until much later in his first alibis
 
  • #239
But there were password requests generated from Puma Path between 2:47pm on 5/9 and the 4am hour 5/10.
2-step verifications?

Was Barry trying to get into Suzanne's accounts, actions which generated communication with her phone? Too many password guesses on linked sites?

Perhaps Barry was trying to find a way to keep Suzanne's digital life alive longer but without success, though his attempts to breach were recorded?

Jmo
 
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  • #240
Dbm
 
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