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

Which is the point I suppose.

I pop in once in a while and skim, but haven’t followed closely. Cliff note version please - is he ever going to be arrested and re-charged? If not, why?
Oh he’s going to be recharged. No chance that he’s not with the evidence they have. It’s just a matter of when.

I remember the absolute shock from the day I got a message saying they’d found her body. I never expected them to find her in a million years.

His arrest will not come as a shock, but it will be a similar feeling when it does happen. I can’t wait.
 
This is very well said, and I can't fault your argument. In an ideal world I would agree entirely. My reservation is that this issue is fraught with difficulty in the real world,* arising from both the range of circumstances** attorneys and clients face and the difficulty of rule enforcement***.

The ABA Journal article illustrates this through its description of Gentile v. State Bar of Nevada (SCOTUS, 1991). In a press conference before the trial, defense attorney Gentile made precisely the kind of public statement that gives you concerns: he said that his client was innocent and that "...the person that was in the most direct position to have stolen the rugs and the money . . . is Detective Steve Scholl;....there is far more evidence that will establish that Detective Scholl took these drugs and took these American Express Travelers' checks than any other living human being..." He added that the State sought the indictment and conviction of an innocent man as a "scapegoat," and had not "been honest enough to indict the people who did it; the police department, crooked cops." He had studied the state bar's rule about pretrial publicity before making his public statement.

Although the Supreme Court upheld the common bar standard prohibiting attorney speech that will have a "substantial likelihood of materially prejudicing an adjudicative proceeding," it found Nevada's interpretation of that standard to be unenforceably vague.

Attorney Gentile said, “The rule after my case allows for rebuttal of what has been placed in the public mix by one’s adversary. Studying it and developing both a strategy and an explanation as to what it rebuts is a must if one seeks its protection.”

No one has filed a bar complaint against Byrialsen or Eytan for any of their public statements, so they have not had to explain their strategy and explain what it rebuts. But they are respected and even honored in the profession, so I am reluctant to assume they cannot do so. Moreover, they continue to pursue their civil claims quite vigorously. Attorneys cannot file frivolous cases: they are required to offer evidence to support every allegation. If Morphew and his attorneys can offer only speculation based on circular reasoning, they will be open to an abuse of process lawsuit by the defendants. I am not willing to assume that they have no evidence to support their claims.

We have formed a view - supported by evidence that we find compelling - that the discovery and analysis of Suzanne's remains precludes these attorneys from holding in good faith a view that he is innocent. But my opinion to that affect is tentative, and I will firm it up only after I have heard what evidence they have to offer In the civil claims.
 
Oh he’s going to be recharged. No chance that he’s not with the evidence they have. It’s just a matter of when.

I remember the absolute shock from the day I got a message saying they’d found her body. I never expected them to find her in a million years.

His arrest will not come as a shock, but it will be a similar feeling when it does happen. I can’t wait.
Thanks. I really don't want to believe Suzanne's murder will go unpunished. But we'll be at the five year mark shortly, far longer than I ever imagined it could be.

I hate Barry Morphew.
 
* My heart bleeds.
Cry about it as an 'extenuating circumstance' during pre-sentencing;

** Awww....:confused:
Just not "cook-booky" enough?
"I'm sure, your honor, there's a fits-like-a-glove 'stare decisis' out there, if only you'll...

*** "Not to worry, my junior. No sweat. With decades of substantive due process in the reach, we can sail as close-to-the-wind as we find useful. Hell, we can even jibe with impunity. There's neither the time nor assets for our ethics- monitors [:p] to judge us passing inside the buoy.
 
Colorado abolished the death penalty in 2020.
Roger that, humming one!

No excuses...guess I got twisted around with Colorado's tidying-up what I am given to understand was their legislature's inadvertent allowance of bail in the case of offenses theretofore death penalty eligible...
...and thus the Barr struts the disgraceful easy ala courtroom malfeasance re. glovebox touch DN-balognA o_O!

Mea culpa, alright?!?
But Colorado's professionals did it. Or something....that messed things up. Maybe now it's better? Or more discernible? Hey. I'm from the 'Live Free or Whatever-These-Days-State"...More than enough to 'do better' here :eek:
 
Greetings.
If you like, I'll try to find my earlier opinions on the matter:
Namely, that BM will not allow himself be taken because he himself knows and is certain that the next time he's arrested, he'll be ordered into pre-trial confinement. Further, that such is not a prospect; it is a certainty.
IMO, for Barry, such will never come to pass because he cannot relinquish control. For he acts purely with the knowledge, blessing and guidance of god. His. Amen.
I admit I’m disgusted with waiting. But I don’t see Barry as a person who would commit suicide. So I still look forward to seeing him behind bars. Of course time is passing and I’m old and may not be here but most of you will. I’m afraid Barry was listening to Satans voice and not Gods, regardless of what he tells himself.
 
* My heart bleeds.
Cry about it as an 'extenuating circumstance' during pre-sentencing;

** Awww....:confused:
Just not "cook-booky" enough?
"I'm sure, your honor, there's a fits-like-a-glove 'stare decisis' out there, if only you'll...

*** "Not to worry, my junior. No sweat. With decades of substantive due process in the reach, we can sail as close-to-the-wind as we find useful. Hell, we can even jibe with impunity. There's neither the time nor assets for our ethics- monitors [:p] to judge us passing inside the buoy.
Ummmm, I don’t know if I’ve had too much wine (only my second glass, my limit as I usually have one with dinner and one after dinner on weekends), anywayyyyy iirc I think you’ve said you’re a JAG or retired JAG?, (please forgive me if that’s not correct as it’s been a long almost 5 years following beautiful Suzanne’s case and I may be misremembering, but I do remember you’re here for the same reason most of us are, which is supporting justice for dear Suzanne and for her killer, imo BM, to be held accountable).

Anyway, I’m really interested in and enjoy reading your posts and most times I understand your unique style and point made, however on this particular post I’ve read it several times over and I’m lost/having trouble understanding (prob just me) and wondering if you could please ‘dumb down’ (lol) the above in laymen’s (me) terms?

TVMIA

IMHOO

#JUSTICEFORSUZANNE

ETA: clarity
 
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Ummmm, I don’t know if I’ve had too much wine (only my second glass, my limit as I usually have one with dinner and one after dinner on weekends), anywayyyyy iirc I think you’ve said you’re a JAG or retired JAG?, and I’m really interested in and enjoy your posts and most times I understand your unique style and point made…...but on this particular one I’m lost, so can you please ‘dumb down’ (lol) the above for me?

TVMIA.

IMHOO

#JUSTICEFORSUZANNE
No. You're fine. Computer facile I'm not.
Finally, @fcavanaugh, my time to go "Private/Personal/Not for Foreign Dissemination {NOFORN}" has arrived :D!
Thank you !
 
Does he have to demonstrate to his girls "Look at me. I will stay here because I'm completely innocent and never ever did something bad to your mother." ??
I kind of think self preservation might take over. I mean he didn't care that his daughters and future grandchildren wouldn't have a mom or grandmother. jmo
 
I was reading again through the autopsy report produced after SM's remains were found near Moffat in Saguache County (45 miles south of the then-Morhew home). In the "Final Diagnosis" section, #4 reads, "No indication of perimortem trauma."

However, upon reading further, I noticed (under "External Examination") that the recovered bones included bilateral radii and ulnae (I assume that means both right and left arm bones), but only includes the right scapula (shoulder bone) and not the left. Also, under the paragraph listing clothing items recovered, the report reads, among other things, "a ripped dark blue/gray hooded sweatshirt bearing the words 'Crested Butte'..." and "a torn green Nike tank top." Other items were also recovered including a "weathered bullet."

Given this was a shallow grave and remains were recovered "in and around" that grave, there is the possibility that the missing left scapula was carried off by scavenging animals who also tore the clothing; however, couldn't these missing and damaged items also indicate the possibility that SM may have been shot in the left shoulder - shattering her left scapula such that it was not recovered where she was buried and ripping and tearing that sweatshirt and tank top in which she was buried? (Edit: report doesn't specify location of rips and tears in clothing.)

NOTE: Autopsy report is graphic.

ETA and further expanded: Could a circumstance such as this explain the bare footprints found in the shovel of BM's Bobcat/skid steer as well as the canine "hits" upon that piece of equipment? (i.e. if tissue and/or bone fragments from SM's shoulder fell there?). Meaning, SM attempted escape in bare feet, scrambled over the bobcat and possibly the trailer nearby, and was shot in left shoulder to stop her escape. This may have been before or after being shot with a dart or injected with BAM, depending upon how long it takes to tranquilize a body her size after the dart shot/injection.
 
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I was reading again through the autopsy report produced after SM's remains were found near Moffat in Saguache County (45 miles south of the then-Morhew home). In the "Final Diagnosis" section, #4 reads, "No indication of perimortem trauma."

However, upon reading further, I noticed (under "External Examination") that the recovered bones included bilateral radii and ulnae (I assume that means both right and left arm bones), but only includes the right scapula (shoulder bone) and not the left. Also, under the paragraph listing clothing items recovered, the report reads, among other things, "a ripped dark blue/gray hooded sweatshirt bearing the words 'Crested Butte'..." and "a torn green Nike tank top." Other items were also recovered including a "weathered bullet."

Given this was a shallow grave and remains were recovered "in and around" that grave, there is the possibility that the missing left scapula was carried off by scavenging animals who also tore the clothing; however, couldn't these missing and damaged items also indicate the possibility that SM may have been shot in the left shoulder - shattering her left scapula such that it was not recovered where she was buried and ripping and tearing that sweatshirt and tank top in which she was buried? (Edit: report doesn't specify location of rips and tears in clothing.)

NOTE: Autopsy report is graphic.

ETA and further expanded: Could a circumstance such as this explain the bare footprints found in the shovel of BM's Bobcat/skid steer as well as the canine "hits" upon that piece of equipment? (i.e. if tissue and/or bone fragments from SM's shoulder fell there?). Meaning, SM attempted escape in bare feet, scrambled over the bobcat and possibly the trailer nearby, and was shot in left shoulder to stop her escape. This may have been before or after being shot with a dart or injected with BAM, depending upon how long it takes to tranquilize a body her size after the dart shot/injection.
IMO The missing scapula is most likely due to decomposition or animal predation. The scapula is relatively thin and flat, making it more susceptible to natural degradation or being carried off by scavengers. A gunshot seems unlikely, there is no mention of shattered bone, bullet impact, or trauma in the autopsy report. The remaining bones and clothing do not show any evidence consistent with a gunshot wound, such as bullet holes, entry/exit damage, or fabric fraying that would indicate gunfire. I personally doubt the weathered bullet found nearby is connected. IIRC, they did not recover any lower body clothing to include shoes. Which is interesting. Admittedly, I haven’t followed this case as closely as I once did. imo
 
IMO The missing scapula is most likely due to decomposition or animal predation. The scapula is relatively thin and flat, making it more susceptible to natural degradation or being carried off by scavengers. A gunshot seems unlikely, there is no mention of shattered bone, bullet impact, or trauma in the autopsy report. The remaining bones and clothing do not show any evidence consistent with a gunshot wound, such as bullet holes, entry/exit damage, or fabric fraying that would indicate gunfire. I personally doubt the weathered bullet found nearby is connected. IIRC, they did not recover any lower body clothing to include shoes. Which is interesting. Admittedly, I haven’t followed this case as closely as I once did. imo
If SM was shot in the left shoulder and the scapula is missing, wouldn't the shattered bone and indication of bullet impact also be missing (i.e. there would not necessarily be any indication on the adjacent clavicle or the ribs below that shoulder if the shot went entirely through the scapula)? I'd think the absence of any soft tissue due to decomposition would account for lack of indication of trauma even if such indications were at one time present. And if the left shoulder was shot, it would make sense to me that animals might scavenge around that area first from a shallow grave as the surrounding tissue would be decomposing at a faster rate so there'd likely be odors attracting animals.

According to the Autopsy Report, they did recover Yeti shorts, although you are correct that the report does not mention recovery of any footwear. As I mentioned, the report does NOT specify the location of tears/rips in the sweatshirt or tank top; if that information was disclosed, it could either support or refute my hypothetical about a shot in SM's shoulder. Authorities would know.

Given the clothing found with SM's body and the lack of footwear - it suggests to me that she was dressing to lounge or work around her home rather than that she was going biking. The light, patterned balaclava doesn't seem to fit with tank top/shorts and sweatshirt, nor with the month of May in Colorado. And I'd expect SM to have aqua or teal blue work gloves rather than the pink/light leather work glove that was found. Perhaps these two were items randomly discarded by others nearby the site of SM's shallow grave, but I expect they were tested for DNA or any indications that would tie them to SM's grave or to the home/property she disappeared from or to anyone in either SM's or BM's orbit. If there is any connection to be made, I hope authorities have found it.

Finally, if animals scavenged SM's remains shortly after she was buried in that shallow grave (and assuming it was her initial burial spot the day she disappeared and not a secondary one at a later date), wouldn't those animals also be impacted from the large quantity of BAM that was ultimately discovered in SM's remains? If so, wouldn't it be expected that those animals might also have died fairly quickly after scavenging, so their remains would also be found nearby and might register BAM if tested?
 
ETA and further expanded: Could a circumstance such as this explain the bare footprints found in the shovel of BM's Bobcat/skid steer as well as the canine "hits" upon that piece of equipment?

According to the Autopsy Report, they did recover Yeti shorts, although you are correct that the report does not mention recovery of any footwear.

I was always troubled that there wasn't any known DNA testing on the footprints-- just seemed this would be ideal for 'touch DNA' testing at minimum-- but I accepted the AA statement that the Bobcat was not involved here.

I recall the defense attempted to paint the Yeti shorts as proof positive that SM was on a bike ride which is ridiculous as one could also argue that the Crested Butte 'sweatshirt' was proof she was not.

Relative to not recovering any footwear from a shallow grave, this was not surprising. Decomposition generally separates the foot from the body rather quickly because ankle ligaments are relatively weak. Sports shoes are also very lightweight and easily carried away by scavengers.

It's the same with drowning victims when months or even years later, a foot still inside a sneaker later washes up on shore. Buoyancy caused by air either inside or trapped within a lightweight, partial foam sports shoe allows it to float away. JMO
 
If SM was shot in the left shoulder and the scapula is missing, wouldn't the shattered bone and indication of bullet impact also be missing (i.e. there would not necessarily be any indication on the adjacent clavicle or the ribs below that shoulder if the shot went entirely through the scapula)? I'd think the absence of any soft tissue due to decomposition would account for lack of indication of trauma even if such indications were at one time present. And if the left shoulder was shot, it would make sense to me that animals might scavenge around that area first from a shallow grave as the surrounding tissue would be decomposing at a faster rate so there'd likely be odors attracting animals.

According to the Autopsy Report, they did recover Yeti shorts, although you are correct that the report does not mention recovery of any footwear. As I mentioned, the report does NOT specify the location of tears/rips in the sweatshirt or tank top; if that information was disclosed, it could either support or refute my hypothetical about a shot in SM's shoulder. Authorities would know.

Given the clothing found with SM's body and the lack of footwear - it suggests to me that she was dressing to lounge or work around her home rather than that she was going biking. The light, patterned balaclava doesn't seem to fit with tank top/shorts and sweatshirt, nor with the month of May in Colorado. And I'd expect SM to have aqua or teal blue work gloves rather than the pink/light leather work glove that was found. Perhaps these two were items randomly discarded by others nearby the site of SM's shallow grave, but I expect they were tested for DNA or any indications that would tie them to SM's grave or to the home/property she disappeared from or to anyone in either SM's or BM's orbit. If there is any connection to be made, I hope authorities have found it.

Finally, if animals scavenged SM's remains shortly after she was buried in that shallow grave (and assuming it was her initial burial spot the day she disappeared and not a secondary one at a later date), wouldn't those animals also be impacted from the large quantity of BAM that was ultimately discovered in SM's remains? If so, wouldn't it be expected that those animals might also have died fairly quickly after scavenging, so their remains would also be found nearby and might register BAM if tested?
Thank you for correcting me on the shorts being recovered. Scavengers likely didn’t get t sick or die because the poison that killed SM may have been metabolized before death, reducing its potency in her remains. The dose that was lethal to her may not have been high enough to harm the critters, and many scavengers have strong digestive systems that can break down toxins more effectively than humans. They also tend to consume soft tissue first, which may have already decomposed, limiting their exposure. Even if some critters were affected, we would never know. I’m just not sold on the gun shot theory. imo
 
Thank you for correcting me on the shorts being recovered. Scavengers likely didn’t get t sick or die because the poison that killed SM may have been metabolized before death, reducing its potency in her remains. The dose that was lethal to her may not have been high enough to harm the critters, and many scavengers have strong digestive systems that can break down toxins more effectively than humans. They also tend to consume soft tissue first, which may have already decomposed, limiting their exposure. Even if some critters were affected, we would never know. I’m just not sold on the gun shot theory. imo
I'm not sold on the gun shot theory either, just considering the possibility after reading about that missing left shoulder blade AND the torn/ripped upper body clothing.

Those facts make me wonder whether there may have been a reason why BM thought it important to tell LE that he ran around shooting chipmunks (besides explaining his erratic phone movements around his property). Did BM fear someone in the area might have reported to LE that they remembered hearing a gunshot the night before SM was reported to have disappeared? Did BM think it important to explain away any gunshots that might have been heard?

I hope BM's sleep is very disturbed with the possibility that, taking facts that might be discerned from the discovery of SM's remains and considering them along with what was known before, investigators know far more now than they did the first go-round and it is just a matter of time before he is rearrested and charged.

And if anyone else was involved, even if only peripherally, I hope their sleep is disturbed with the possibility that there may be charges for them too - assuming BM doesn't shut them up first to keep them from saving themselves at his expense.
 
Thanks. I really don't want to believe Suzanne's murder will go unpunished. But we'll be at the five year mark shortly, far longer than I ever imagined it could be.

I hate Barry Morphew.
Have faith. Look at how long it took for Richard Allen to be brought to justice in the Delphi case. I think the new prosecutor and their team are just being extremely cautious as they only get one real shot at Barry once an actual murder trial happens.The autopsy results of Suzanne's body containing BAM are extremely damning when coupled with Barry having motive (Suzanne texting she wanted to separate/divorce amicably) and his own admission on record that he uses this extremely rare drug to anesthetize deer and take their antlers. I grew up in a family of deer hunters and they were appalled at somebody not only having access to this stuff but using it the way he did. It's beyond unheard of. Once charges are eventually brought, I think the state will base their case around this rare and unheard of drug and Barry's weird timeline and statements. If you go to work on a barrier wall and you're a professional, you know what tools to bring. You don't call up your employees and dump out a pile of useless equipment and then disappear for hours. It's especially sketchy that his company said they don't even work on the day this project was supposed to happen. Circumstantial evidence is what brings convictions in most American court cases and if presented properly there is TONS of it in this case. Everything Barry has done just before and directly after Suzanne's disappearance also doesn't add up to Barry's usual daily routine and that's backed by GPS and his own employees accounts. I think they're building an airtight circumstantial case and making doubly sure they have all their t's crossed and i's dotted this time and I'm here for it. However long it takes it's just so obvious that Barry killed Suzanne and after what happened with the last prosecution anyone new taking this case on is going to need to be meticulous. If this was my murdered loved one I would want that same level of precision. Barry's free days are numbered. It's not if, it's when.
 
I live in a rural area with mountains, valleys, farm ground, pastures, small towns, distance between towns. Much like the Maysville/Salida/Moffat area.

And I feel quite sure that BM would have done at least one drive-by (but probably more) of SUZANNE’s burial area, especially since you could see it from the highway.

Especially if driving in a somewhat nondescript or common vehicle. There’s enough people there that not everyone would know him. A lot of people know me where I live and I could do a drive like that and not be recognized.

Just thinking about SUZANNE tonight and what an evil, gross, disgusting man BM is.

I’m back in Arizona for a bit, so will report if I see BM again.
 

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