Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #115

[Megnut]

Ebullience ! I get - and share - but may we as well share in some reserved circumspection? I'm pretty sure we can.

A federal judge has recently taken great pains to emphasize that:
-"beyond reasonable doubt
-"preponderance of evidence
-"more likely than not"...but rather,
- "just as likely as not" was the wholly sufficient "low bar" - His Honor's own words, multiple times, iirc - which would constitute lawful probable cause for the issuance of an arrest warrant. And he did so find.

Fini
​

Guess there's no need for a probable cause affidavit, just submit this judge's conclusion.

Asked and answered, probably killed his wife.

And that was before the partial matches were excluded, before BAM was found in Suzanne's bone marrow, before that BAM discovery could be aligned with the needle sheath in the dryer, Barry's professed ownership of animal tranquilizers and his professed boasting that he has the skillset to load his own darts.

I wonder if further analysis was possible, to breakdown the potential unique signature of ratios for B, A and M. Did Barry get inventive or stick to an typical game cocktail?

It would seem that much of the Prosecution's theory of the case has been supported by subsequent discovery.

That's gotta smart for the sworn hunter.

JMO

 

[GOBliaison]

Ironic, isn't it, that the same standard applies to both Barry's arrest as his lawsuit. Advantage goes to the charger/suer. Judge has to assume the truth of the facts presented (iiuc). So even with IE's version of the facts, the judge still finds the arrest was... warranted.

Static drift! Ha! Barry's own explanation overrides static drift!

And now we have confirmation -- Barry's 3 30 interviews was multiplication. He met with LE 90 TIMES!!! Chatty Cathy.

WS has another high profile case, trial pending, with a defendant who has confessed 60+ times.

Have we counted Barry's? IMO asking LE for immunity implies culpability. Why else would he need it? He copped to owning the illegal weapon, the animal tranquilizers, questionable antler harvesting.

Things that won't even make it to trial IMO -- or make a difference --

Rogue DNA on the glove box which did not match any known sex offenders, just relatives of, and based on location of the DNA, reasonably corresponds to a mechanic. With a little help from IGG, LE could probably name this person at this point, if it weren't such an expensive proposition.

Rogue DNA on Suzanne's bike. IMO Barry didn't wipe her bike down (ergo his story about removing it from Suzanne's vehicle by request and his deliberate move to touch it first chance her got) so any DNA on her bike could be from the other toucher, from whoever assembled the bike or anyone who serviced it in any way. Yawn.

Dog tracking Suzanne's scent to the river. IMO that is not what happened. Do we even know if a scent-tracking dog was brought in? The dog that was brought in iiuc came from the penitentiary, a tracking dog. Trained to track for an escaped prisoner... for all we know IMO, that hard-working dog tracked Barry's scent. Barry who may have staged items in the creek. Regardless, despite the generous volunteer, it was a nonstarter, so much so the handler didn't generate much of a report.

Static drift. It's just not compelling. What is more compelling -- a CAST report that will show Barry's phone moving rapidly from portal to portal around the perimeter of PP before breaching walls (they're called doorways)...

IMO there won't be bail this time.

JMO

P L E A S E
Someone help me here
and hypothesize that Barry at this writing remains in CONUS ​

 

[Megnut]

P L E A S E
Someone help me here
and hypothesize that Barry at this writing remains in CONUS ​

Here's hoping Barry is still clinging to appearances, that only guilty people flee and it's enough to keep him planted on this side of the US border.

JMO

 

[Seattle1]

In response, #BarryMorphew's civil attorney, Iris Eytan, said that he "should not have been arrested and was wrongly prosecuted, has no recourse to get the costs of the damage to him back from the offending prosecutors because they cannot be sued in the United States.

https://twitter.com/x/status/1838959835917828473

IE....'BM has no recourse to get the costs of the damage to him back from the offending prosecutors because they cannot be sued in the US.'

But IE already knew all of this (i.e., prosecutorial immunity and to the extent absolute immunity does not attach, qualified immunity), when she filed the suit!

IMO, this suit was that "spring board" IE had been looking for to promote her personal agenda after her prior legislative efforts to take down prosecutors failed.

I imagine IE will continue on that quest (punish/disbar prosecutors) using her favored MSM, and creative misstatements, but won't have the big "settlement" payday, yet.

Instead, IE will be a paid director taking from the well heeled contributors similar to herself to her non-profit "PEP."

MOO

 

[Megnut]

IE....'BM has no recourse to get the costs of the damage to him back from the offending prosecutors because they cannot be sued in the US.'

But IE already knew all of this (qualified immunity) when she filed the suit!

IMO, this suit was that "spring board" IE had been looking for to promote her personal agenda after her prior legislative efforts to take down prosecutors failed.

I imagine IE will continue on that quest (punish/disbar prosecutors) using her favored MSM, and creative misstatements, but won't have the big "settlement" payday, yet.

Instead, IE will be a paid director taking from the well heeled contributors similar to herself to her non-profit "PEP."

MOO

Without the discovery of Suzanne's remains and the subsequent finding of BAM in her bones, while IE never had an expectation of winning that lawsuit -- or even going to trial with it -- or every subjecting BM to more talking (in the form of depositions) -- I think she did have an expectation of settlements which would likely have had nondisclosure clauses leaving an appearance of wrongdoing on a part of the sued parties and the corresponding appearance of innocence on the part of her client.

We all know how deceiving appearances can be. One only needs to look at GMA for such a performance...

IMO thought it's what IE was after, abd a professional springboard to put pep in her PEP.

Springboard, sprungboard. It all fell flat.

JMO

 

[Megnut]

I must say, I nearly snorted when I read, in the Judge's ruling, that Barry "packed up his things" and headed back to Maysville. Um. Not quite. First, Barry unpacked his things, leaving them in the lobby. Never did bring his beloved Bobcat up to Broomfield for "the big job up in Denver".

Apparently Barry prefers to do certain jobs the old fashioned way. With a spade.

JMO

 

[Seattle1]

View attachment 533390

The judge is wrong here. There is no potential match to any sex crimes. It was a partial match to to a sex crime offender which means that it is NOT a match to that person. Lama got this wrong too.

Partial Matches • Overview

All criminal court judges should be required to pass a basic course on DNA forensics.

^^rsbm

In Domenico's defense, he's relying on then Judge Ramsey Lama's erroneous ruling here where Lama accepted IE's misstated defense Motion and ruled on it word for word. BM's Civil lawsuit (and the OARC Complaint) was well peppered with Lama's disingenuous ruling. Justices should be able to rely on the rulings of another justice but not in this case. IMO, Lama was a cancer to this case from day one.

 

[I am not Sherlock H.]

IMO I still continue to think, perhaps in error or naively, that the civil lawsuit was in large part a ‘fishing expedition’ to see exactly what information the prosecution had and how they would use it. I believe team BM IE wanted to force someone’s hand to reveal information on the case. To rush the process and force a possible misstep. Seek someone to show their hand of cards and justify the investigation and prosecution. And to seek funds for an ‘unjust’ accusation (my words). In the terms of BM, IIRC a person that might be ‘wrongfully convicted’.

But Mother Nature, time, and another unsolved missing person case had other plans that led to finding SM’s remains. I imagine that wasn’t on their team’s Bingo card. Now what was given is instead a judge’s ruling for probable cause and a rather succinct and convincing set of facts for the prosecution of the prime suspect. How just and deserving. Now just a matter of time. Hoping the prosecution will proceed. In due time. MOO

 

[GOBliaison]

Barry Morphew's $15M lawsuit against Colorado DA, FBI, dismissed 1 year after Suzanne Morphew's remains discovered

Barry Morphew filed the $15 million lawsuit for damages in regards to his arrest and detainment, claiming that he suffered "emotional distress, humiliation, loss of enjoyment of life, loss of future business earnings and other pain and suffering."

www.cbsnews.com

Barry Morphew's attorney released this statement in regards to the lawsuit dismissal:

Mr. Morphew's legal battle is far from over. As Judge Domenico ruled, "it appears everyone involved now agrees that Mr. Morphew should not have been arrested, at least not at that time"

Umm.. We maintain there was no fair probability that Barry was involved is Suzanne's murder. The defendants maliciously prosecuted Barry Morphew, and as is stated: "there should be serious consequences for undermining the criminal justice system".


(Ebm and only picked out bits of article)
Moo

HEY IRIS!!.... my ashamedly fellow alumnus/a of USD School of Law ... [albeit 18 years apart] ...
From whence in blazes ...other than from your blazingly bubbling cauldron of toil and trouble... does this "fair probability" whispythingee standard arise ?

It is: "Likely as not." "Likely as not." "Likely as not." Pro re nata.

 

[Seattle1]

IMO I still continue to think, perhaps in error or naively, that the civil lawsuit was in large part a ‘fishing expedition’ to see exactly what information the prosecution had and how they would use it. I believe team BM IE wanted to force someone’s hand to reveal information on the case. To rush the process and force a possible misstep. Seek someone to show their hand of cards and justify the investigation and prosecution. And to seek funds for an ‘unjust’ accusation (my words). In the terms of BM, IIRC a person that might be ‘wrongfully convicted’.

^^rsbm

Not exactly. I believe it's very confusing because we don't tend to think of the government on the side of a defendant.

In other words, the burden of proof in the civil case was on BM, not the government. Here, BM had to first produce discovery and the defendants had no duty to do anything or provide anything (i.e., don't have to "take the bait" to prove themselves innocent)!

In the civil case, the defendants were the prosecutors, State, Federal, and County Investigators where defendants in a civil action, by definition, are witnesses.

This lawsuit was a gamble -- it was the Plaintiff's lawyer who exposed their client, a suspect in a criminal proceeding, to be deposed by each of the defendants in the Civil action. MOO

 

[windrower]

Barry Morphew's $15M lawsuit against Colorado DA, FBI, dismissed 1 year after Suzanne Morphew's remains discovered

Barry Morphew filed the $15 million lawsuit for damages in regards to his arrest and detainment, claiming that he suffered "emotional distress, humiliation, loss of enjoyment of life, loss of future business earnings and other pain and suffering."

www.cbsnews.com

Barry Morphew's attorney released this statement in regards to the lawsuit dismissal:

Mr. Morphew's legal battle is far from over. As Judge Domenico ruled, "it appears everyone involved now agrees that Mr. Morphew should not have been arrested, at least not at that time"

Umm.. We maintain there was no fair probability that Barry was involved is Suzanne's murder. The defendants maliciously prosecuted Barry Morphew, and as is stated: "there should be serious consequences for undermining the criminal justice system".


(Ebm and only picked out bits of article)
Moo

I must have missed it, but in the linked article, I don’t see the name of BM’s lawyer to whom the quotes therein are attributed.

I did read elsewhere that something-tongued Iris made a statement after the civil suit was dismissed. I hope she someday chokes on her fabricated/embellished/twisted “facts” of SUZANNE’s murder.

May they come back to bite her in the rear.

Could someone file a civil suit against her for filing a suit completely without merit? For her suit based on lies and fictitious material? I mean, the egregious DNA lie she fed Lamas is just one of many.

What a difference between Iris, a woman creating fables, and SUZANNE, a woman of truth and integrity.

IMO

 

[I am not Sherlock H.]

^^rsbm

Not exactly. I believe it's very confusing because we don't tend to think of the government on the side of a defendant.

In other words, the burden of proof in the civil case was on BM, not the government. Here, BM had to first produce discovery and the defendants had no duty to do anything or provide anything (i.e., don't have to "take the bait" to prove themselves innocent)!

In the civil case, the defendants were the prosecutors, State, Federal, and County Investigators where defendants in a civil action, by definition, are witnesses.

This lawsuit was a gamble -- it was the Plaintiff's lawyer who exposed their client, a suspect in a criminal proceeding, to be deposed by each of the defendants in the Civil action. MOO

Yes @Seattle1 I concur and see that description of the process. Which makes total sense. And the other interesting factor was the discovery of SM remains before things proceeded. Oh to have been in the BM IE rooms at the time of that discovery being revealed. The other risk was the prospect IIUC of the depositions of their own client. I also do not quite understand why it was filed. Next steps will surely be interesting. MOO

 

[Lyanna]

HEY IRIS!!.... my ashamedly fellow alumnus/a of USD School of Law ... [albeit 18 years apart] ...
From whence in blazes ...other than from your blazingly bubbling cauldron of toil and trouble... does this "fair probability" whispythingee standard arise ?

It is: "Likely as not." "Likely as not." "Likely as not." Pro re nata.

She's full of crap - moo
Bit like Barry really. Match made in a dumpster or something.
Moo

 

[Seattle1]

From Judge Murphy's finding of probably cause on 9/17/2021:

The Judge reminded the court that he applied the lowest standard of proof in the U.S. Court system. “There is a reasonable belief that the defendant may have committed the crimes charged. I must draw all reasonable inferences in favor of the prosecution. The evidence to support a conviction of the crime is not necessary at this stage of the hearings.” He reminded the court that evidence that wouldn’t normally be allowed, may be allowed at a preliminary hearing such as the one that was concluding that day. [i.e., Evidence by the prosecution at probable cause hearing was not illegal].

In his detailed explanation of his finding of probable cause Judge Murphy pointed out that while there is no body, the facts appear to point that Suzanne Murphew is deceased, not missing or hiding:

• No one has heard or seen her since May 9, 2020, despite huge media coverage…she has not been sighted or found, and she used her phone a lot.
• Her camelback and sunglasses were in her car and she always rode her bike with them.
• She was a stay-at-home mother to raise her kids and had no outside source of income from which she could hide money to use it to disappear.
• She had received an inheritance, but it was used to buy the home. (Morphew had said that “he was Suzanne’s ATM” indicating he was in control of the money.)
• She always had her bible, her journal, and the book “The Courage to Change” together. But her journal was missing and evidence of the journal was found burned in the fireplace.
• Her purse, driver’s license, credit cards, and cash were left.
• Most important, added Murphy, she was a dedicated and caring mother. “This is not in dispute … she said ‘Once Macy is gone – I won’t be able to do it’…. it would make little sense that she would absent herself from her kids’ lives, or of the rest of her family or friends.”

A cap of a tranquilizer needle was found in the home’s dryer along with Morphew’s clothes and Suzanne’s phone’s GPS on Saturday afternoon around the time that Barry Morphew returned home, showed her circling the home’s yard in a manner similar to the behavior of large wildlife that have been tranquilized, just after her last known phone contact.

Murphey reiterated a few key facts about Barry Morphew’s behavior. Among them:

• Mr. Morphew arrived home at 2:44 p.m. on Saturday, May 9. Three minutes later his phone is put in airplane mode until 10:17 p.m. “That is 7.5 hours – that is ample time to dispose of Suzanne’s body,” said Murphy.
• On Sunday, May 10, Morphew was up and doing something pre-dawn, GPS tracking showed that included driving to the areas where Suzanne’s bike and bike helmet were found later that day. In fact, he made a left turn on CR 225, which he claimed was due to following a bull elk to see where the antlers dropped. But the Chaffee Sheriff’s Dept. found that at the time of day when he left it was pitch dark, and elk shed their antlers long before May.
• Morphew then drove to Broomfield and made at least five stops that he said were stops to discard trash, but he didn’t tell law enforcement about the stops when questioned, part of a history of changing his story as time went on.

[..]

Of the three possible scenarios, the judge said that it was possible that either Morphew murdered her and disposed of the body, or that someone unknown took Suzanne and murdered her. “I think it is unlikely that she intentionally disappeared.”

Arkansas Valley Voice - 9/18/21

 

[Lyanna]

I must have missed it, but in the linked article, I don’t see the name of BM’s lawyer to whom the quotes therein are attributed.

I did read elsewhere that something-tongued Iris made a statement after the civil suit was dismissed. I hope she someday chokes on her fabricated/embellished/twisted “facts” of SUZANNE’s murder.

May they come back to bite her in the rear.

Could someone file a civil suit against her for filing a suit completely without merit? For her suit based on lies and fictitious material? I mean, the egregious DNA lie she fed Lamas is just one of many.

What a difference between Iris, a woman creating fables, and SUZANNE, a woman of truth and integrity.

IMO

It was Carol Mckinley's X post that named Iris, just a few pages back.

Iris and her unethical behaviour regarding this case should be looked at going all the way back to when Judge Murphy recused himself, thats imoo - am convinced the recusal was down to Iris taking advantage of certain relationships and I also think it was the reason why her and Dru parted ways. JMO

 

[tmar]

I'm anxiously awaiting BM's rearrest. I think he actually had convinced himself it was all over and he was going to win an expensive civil suit payout and go along with his life as usual.

Karma came for you BM when Suzanne's remains were found, and it will come again when they slap the handcuffs on you for the second time. Hopefully he won't be allowed bail and will sit in his cage like the animals he loves to hunt and hurt until the trial.

JMO

Following from the beginning, I gave up, thinking creepy BM was now safer, with this civil case.
Yippee: dismissed.
What next.
A wonderful surprise: Breaking news: BM arrested AGAIN.

 

[GOBliaison]

Here's hoping Barry is still clinging to appearances, that only guilty people flee and it's enough to keep him planted on this side of the US border.

JMO

Bu- buh - but ...this man's delusional.

For ages now; for legion reasons - some of them pseudo-divine - he is simply not "a guilty person who flees".
Being wholly innocent, and agonizingly carrying-out justice in this world - and thereby saving Suzanne's soul in the next - he owes it to The Good in and of this world to do all possible to avert his nullification, ie. imprisonment.
Barry might be free of delusion as to this possibility! Good for Barry; this he may well have sorted out. Not so much "innocent fleeing".
As I'm finishing this hypothetical, my factual concern for his daughters just spiked.

 

[Megnut]

And let it be known that the case against Barry was dismissed without prejudice, not because of evidence or any lack there of, but for sanctions due to deadlines whereby the judge gutted their expert testimony. It wasn't because Barry was innocent or the case flawed.

The turkey carcass remains cooked.

JMO

 

[waldojabba]

The first paragraph of the Judge's ruling must be the case as IE set it forth because none of it's true, starting with "went missing on Mother's Day" but oh did this backfire. Because the statement they can't shake is Barry probably murdered his wide.

Which is of course the basis for a legitimate probable cause arrest, it's just for all IE's effort to spin otherwise, the judge just sank her battleship, and it's right there in black and wife.

Barry probably murdered his wife.

And that was before her body was found. With BAM in her bones.

Presumption great.

JMO

Yes agree, instead of this lawsuit helping BM in any way - it does the exact opposite. BM would be in a better position without this lawsuit having been filed.
So pathetic iris, just a reckless brazen attempt for a cash grab that backfired and effectively opened up the door for LE to rearrest your client or ex client.
I am so glad to see that there is a judge finally involved with an aspect of this case capable of logical independent thought.
JMO

 

[waldojabba]

Awww no more group hugs <sad face>

Oh my surprising that Carol Mc used that specific photo of Iris and BM about to 'Lock" lips. Pretty soon it will be time to Lock him up. jmo