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

[FromGermany1]

Oh it's coming @Love Never Fails. We may feel impatient and somewhat defeated at the amount of time it's taking, but BM IS going to be rearrested and he IS going to be found guilty this time. I have no doubt about it. Just need to remind myself to be patient and let the State's Prosecution get their case air tight.

There's only one bite at the apple, and even if I don't like it one bit, I will 'not so patiently wait' until the day comes that they slap the handcuffs on ole' BM again. This time he won't be waltzing out so jovial and carefree flanked by his daughters and his lip smacking defense attorney IE.

#Justice4Suzanne

MOO

What are his daughters thinking today on January 1st, 2025? What are they expecting for the new year? - I would like to know.

 

[Love Never Fails]

What are his daughters thinking today on January 1st, 2025? What are they expecting for the new year? - I would like to know.

I truly think their only wish is that this all disappears so their dad can live happily ever after.

 

[rainbowshummingbird]

I truly think their only wish is that this all disappears so their dad can live happily ever after.

I wish Barry would disappear into a jail cell where he remains until his death.

 

[Tricia]

Remember these obnoxious type ads that were everywhere on Websleuths? You don't want them to return, right? If you could please subscribe to DNA Solves.com and make a monthly donation. Not only does this keep these awful ads off of Websleuths, but you are helping the families of the missing get the answers they deserve.
Find out how you can become a subscriber to DNA Solves.com by CLICKING HERE.
If you want to make a single donation, go to www.dnasolves.com and pick a case you would like to donate to.
Do not comment on this thread. CLICK HERE to ask questions and to learn more.
Thank you very much.
Tricia Griffith

 

[fcavanaugh]

I wish Barry would disappear into a jail cell where he remains until his death.

Hear, hear! And,
may 2025 be the year!!!

Happy New Year WS’ers!!

#JUSTICEFORSUZANNE

 

[Tragg]

The defendants in the civil case have filed a reply to Morphew's motions requesting that the trial judge re-open the case with an amended complaint. As we expected the defendants point out that the filing of a notice of appeal has removed the case from the district court to the court of appeals, and that Judge Domenico no longer has jurisdiction to grant motions. Also, Morphew has not taken the required first step of requesting post-judgment relief - setting aside the judgment of dismissal - and that he is well out of the time to do so under the rules of procedure. In fact, these motions were filed just a few days before briefing was scheduled to start in the court of appeals.

Even if Morphew had followed the correct procedure and the judge had jurisdiction, the defendants argue that the judge should not grant the motion under the circumstances, because they would suffer undue prejudice after a year of litigation, because Morphew unreasonably delayed filing these motions earlier in the process, and because Morphew's amended complaint does do what he says it does - it fails to offer factual allegations contesting the substantial facts attested in the arrest affidavit that Domenico relied upon to find probable cause.

Morphew's gambit has a desperate quality to it. Domenico caught his attorneys by surprise when he relied upon the arrest affidavit to find uncontested factual allegations supporting probable cause. They realize that their chances on appeal are close to zero, and they are hoping that Domenico's seemingly sympathetic remarks in the decision signal that he will overlook the procedural errors and use his discretion in Morphew's favor.

I don't think he will. We will know soon. Meanwhile, Morphew is spending buckets of money on lawyers. Any financial advantage he sought to gain by killing Suzanne before she could divorce him is probably gone. In fact, he's probably about bankrupt. I think the transfer of real estate to his daughter a few months ago was in anticipation of filing for bankruptcy.

I wonder if Byalisen and Eytan advised Morphew what a long shot this lawsuit was before they filed the complaint. If they didn't they may find themselves defending against his malpractice claim. I wouldn't put that outside his scope.

 

[Lyanna]

The defendants in the civil case have filed a reply to Morphew's motions requesting that the trial judge re-open the case with an amended complaint. As we expected the defendants point out that the filing of a notice of appeal has removed the case from the district court to the court of appeals, and that Judge Domenico no longer has jurisdiction to grant motions. Also, Morphew has not taken the required first step of requesting post-judgment relief - setting aside the judgment of dismissal - and that he is well out of the time to do so under the rules of procedure. In fact, these motions were filed just a few days before briefing was scheduled to start in the court of appeals.

Even if Morphew had followed the correct procedure and the judge had jurisdiction, the defendants argue that the judge should not grant the motion under the circumstances, because they would suffer undue prejudice after a year of litigation, because Morphew unreasonably delayed filing these motions earlier in the process, and because Morphew's amended complaint does do what he says it does - it fails to offer factual allegations contesting the substantial facts attested in the arrest affidavit that Domenico relied upon to find probable cause.

Morphew's gambit has a desperate quality to it. Domenico caught his attorneys by surprise when he relied upon the arrest affidavit to find uncontested factual allegations supporting probable cause. They realize that their chances on appeal are close to zero, and they are hoping that Domenico's seemingly sympathetic remarks in the decision signal that he will overlook the procedural errors and use his discretion in Morphew's favor.

I don't think he will. We will know soon. Meanwhile, Morphew is spending buckets of money on lawyers. Any financial advantage he sought to gain by killing Suzanne before she could divorce him is probably gone. In fact, he's probably about bankrupt. I think the transfer of real estate to his daughter a few months ago was in anticipation of filing for bankruptcy.

I wonder if Byalisen and Eytan advised Morphew what a long shot this lawsuit was before they filed the complaint. If they didn't they may find themselves defending against his malpractice claim. I wouldn't put that outside his scope.

Without a dollar to his name (moo) I'm beginning to wonder whether he will do something to himself? Have always thought not, but Barry is a coward and a bully and his back is against a wall if he is indeed penniless - his fairytale is coming to an end and I don't think someone like Barry will accept that. He has to control things. To the end.

Moo, jmo and imo

 

[rainbowshummingbird]

I wonder if he is still taking on jobs and living in the trailer. If so, aside from his legal expenses, his COL would be pretty low.

 

[GOBliaison]

...[inter alia]...

... "I wonder if Byalisen and Eytan advised Morphew what a long shot this lawsuit was before they filed the complaint."

-----------------------------------------------

PEAROMAPUOSsTT...
(abbrev.) Please Excuse A Restatement Of My Antique Perhaps Unique Opinion, Somewhere, supra.,This Thread ...
-----------------------------------------------
to wit:
B&E conceived and proceeded sua sponte with this civil goulash on a contingent fee.
-----------------------------------------------​

...perhaps triggering, (I'll paraphrase now) Iris' chastisement:
" No! No questions Barry. Just sit quietly in the corner over there like I told you to years back, remember?
If we win,... well you'll get something. If not, you won't lose a farthing. Now, that's one-fourth of a "new"/decimal penny in Britain, Barry. So, no worries for you, ok?
Now sshhhh!!

 

[Vaderman]

How has there been so little activity on this case since her body was discovered?

 

[MassGuy]

How has there been so little activity on this case since her body was discovered?

We have absolutely no idea what's going on behind the scenes, just like we had no idea what was going on the first go round.

When it happens, it will come out of nowhere. It won't be quiet then.

 

[mrjitty]

I wonder if Byalisen and Eytan advised Morphew what a long shot this lawsuit was before they filed the complaint. If they didn't they may find themselves defending against his malpractice claim. I wouldn't put that outside his scope.

RSBM

Grifters gonna grift.

It's especially disgraceful to continue this action when they know he is the killer.

 

[FromGermany1]

Without a dollar to his name (moo) I'm beginning to wonder whether he will do something to himself? Have always thought not, but Barry is a coward and a bully and his back is against a wall if he is indeed penniless - his fairytale is coming to an end and I don't think someone like Barry will accept that. He has to control things. To the end.

Moo, jmo and imo

bbm
I think, not to his own end. That would almost be an admission to his guilt or at least to his weakness. IMO

 

[girlhasnoname]

bbm
I think, not to his own end. That would almost be an admission to his guilt or at least to his weakness. IMO

I can see Pros and Cons on both sides of thinking about BM offing himself:

Con - BM is such a prideful, boastful little man, hiding behind his alleged 'religion'. He was the perfect Husband, Father and Businessman who had a cheating Wife that did him so wrong. Poor innocent Barry, and please keep the commissary $$$ and pics of young girls in Salida coming. Gack

Pro - BM is also a roamer, a sneaker and spyer who loves his guns and hunting more than anything else in life. Trapped in an 8 x 10 cell following a daily mandated routine with nobody there to worship him would be pure torture for such a NARC man.

If found guilty, sentenced and no further appeals, I def could see it.

JMO

 

[FromGermany1]

I can see Pros and Cons on both sides of thinking about BM offing himself:

Con - BM is such a prideful, boastful little man, hiding behind his alleged 'religion'. He was the perfect Husband, Father and Businessman who had a cheating Wife that did him so wrong. Poor innocent Barry, and please keep the commissary $$$ and pics of young girls in Salida coming. Gack

Pro - BM is also a roamer, a sneaker and spyer who loves his guns and hunting more than anything else in life. Trapped in an 8 x 10 cell following a daily mandated routine with nobody there to worship him would be pure torture for such a NARC man.

If found guilty, sentenced and no further appeals, I def could see it.

JMO

Suicide by police, when he is arrested once more, that I might imagine. A fight, he doesn't win, but at least a fight. IMO

 

[charminglane]

Suicide by police, when he is arrested once more, that I might imagine. A fight, he doesn't win, but at least a fight. IMO

I can see this.

 

[Tragg]

... "I wonder if Byalisen and Eytan advised Morphew what a long shot this lawsuit was before they filed the complaint."

-----------------------------------------------

PEAROMAPUOSsTT...
(abbrev.) Please Excuse A Restatement Of My Antique Perhaps Unique Opinion, Somewhere, supra.,This Thread ...
-----------------------------------------------
to wit:
B&E conceived and proceeded sua sponte with this civil goulash on a contingent fee.
-----------------------------------------------​

...perhaps triggering, (I'll paraphrase now) Iris' chastisement:
" No! No questions Barry. Just sit quietly in the corner over there like I told you to years back, remember?
If we win,... well you'll get something. If not, you won't lose a farthing. Now, that's one-fourth of a "new"/decimal penny in Britain, Barry. So, no worries for you, ok?
Now sshhhh!!

Respectfully - we don't really know what fee arrangement Morphew has with his attorneys. We do know that they are top trial attorneys who specialize in defending criminal charges then suing the public officials who arrested and charged their clients. In 2022 F&B won one of the biggest judgements at trial in Colorado - in a false arrest case.

In my somewhat informed opinion, these lawyers do not enter no-cost contingent fee arrangements with clients who have the ability to pay. In many states they are prohibited from advancing costs (e.g. filing fees, deposition costs) and must have client funds to do this. Attorneys don't take risky cases like this at their own expense. They typically require an advance payment sufficient to cover their office expenses (rent, staff salaries) for the period of time they expect the case to be litigated before it settles. Their fees, as such, are typically paid from a percentage of the settlement or judgement. But the advance payment in a garden variety civil rights/liberties case would be $50,000. Morphew's is no garden variety case, so I would guess he put at least $100,000 into it before the case was filed.

I speculate that Morphew made a very large advance payment to Eytan and Nielsen (maybe 80% of his net worth) for his criminal defense through trial, and that a portion of this remained when the criminal case was dismissed. I am guessing that this remainder was used to fund (at least partially) the advance for the civil case.

Barry's testimony will be required in the civil case to rebut the allegations in the arrest affidavit. If he did not testify these claims would be dismissed on summary judgement. And although he can lawfully invoke the Fifth Amendment and refuse to answer questions in a deposition or in trial, the jury will be instructed that they can draw the inference that his testimony is not credible and that his answers would have been adverse to his claim. There are other consequences if he refuses to supply evidence on discovery that is essential to a claim or defense.

So I don't think he will be advised to sit silent. Nor would he be inclined to do so - he already demonstrated that he thinks he can deceive people, or in the alternative that he lives in a delusional world. All MOO.

 

[waldojabba]

I can see Pros and Cons on both sides of thinking about BM offing himself:

Con - BM is such a prideful, boastful little man, hiding behind his alleged 'religion'. He was the perfect Husband, Father and Businessman who had a cheating Wife that did him so wrong. Poor innocent Barry, and please keep the commissary $$$ and pics of young girls in Salida coming. Gack

Pro - BM is also a roamer, a sneaker and spyer who loves his guns and hunting more than anything else in life. Trapped in an 8 x 10 cell following a daily mandated routine with nobody there to worship him would be pure torture for such a NARC man.

If found guilty, sentenced and no further appeals, I def could see it.

JMO

When he gets arrested for the second time he knows they have him and he will be backed into a corner. Once he goes in he does not come out . Its BAM BAM this time around.
So if he can get Iris to get him a courtesy call from LE asking for him to turn himself in - IMO that would be the time he might pull the trigger on himself. Or maybe ole Barry Lee is still tight with the local militia guys in that area that are LE or have LE connections and perhaps they will tip him off if they get wind. I know this is a different county but imo its all very incestuous politically.
The guy is a lowlife killer and more, but I don't consider him dumb. He is street smart and cunning - he was just never book smart. I believe he is getting things in order.
Personally, my feeling is that if he chooses the "sayonara" route, I will consider it justice. Sure would save a whole lot of people a lot of time and money. CM the Denver reporter can write a flowery eulogy - maybe he can hand off something to her in advance.
Holidays are behind us - Anniversary coming at us in May - Very hopeful we have a warrant by then.

JMO

 

[girlhasnoname]

Respectfully - we don't really know what fee arrangement Morphew has with his attorneys. We do know that they are top trial attorneys who specialize in defending criminal charges then suing the public officials who arrested and charged their clients. In 2022 F&B won one of the biggest judgements at trial in Colorado - in a false arrest case.

In my somewhat informed opinion, these lawyers do not enter no-cost contingent fee arrangements with clients who have the ability to pay. In many states they are prohibited from advancing costs (e.g. filing fees, deposition costs) and must have client funds to do this. Attorneys don't take risky cases like this at their own expense. They typically require an advance payment sufficient to cover their office expenses (rent, staff salaries) for the period of time they expect the case to be litigated before it settles. Their fees, as such, are typically paid from a percentage of the settlement or judgement. But the advance payment in a garden variety civil rights/liberties case would be $50,000. Morphew's is no garden variety case, so I would guess he put at least $100,000 into it before the case was filed.

I speculate that Morphew made a very large advance payment to Eytan and Nielsen (maybe 80% of his net worth) for his criminal defense through trial, and that a portion of this remained when the criminal case was dismissed. I am guessing that this remainder was used to fund (at least partially) the advance for the civil case.

Barry's testimony will be required in the civil case to rebut the allegations in the arrest affidavit. If he did not testify these claims would be dismissed on summary judgement. And although he can lawfully invoke the Fifth Amendment and refuse to answer questions in a deposition or in trial, the jury will be instructed that they can draw the inference that his testimony is not credible and that his answers would have been adverse to his claim. There are other consequences if he refuses to supply evidence on discovery that is essential to a claim or defense.

So I don't think he will be advised to sit silent. Nor would he be inclined to do so - he already demonstrated that he thinks he can deceive people, or in the alternative that he lives in a delusional world. All MOO.

Whatever may come, I hope BM blows through every last penny to his name trying to defend his guilty self with a large part of Suzanne's blood money. JMO

 

[GOBliaison]

Respectfully - we don't really know what fee arrangement Morphew has with his attorneys. We do know that they are top trial attorneys who specialize in defending criminal charges then suing the public officials who arrested and charged their clients. In 2022 F&B won one of the biggest judgements at trial in Colorado - in a false arrest case.

In my somewhat informed opinion, these lawyers do not enter no-cost contingent fee arrangements with clients who have the ability to pay. In many states they are prohibited from advancing costs (e.g. filing fees, deposition costs) and must have client funds to do this. Attorneys don't take risky cases like this at their own expense. They typically require an advance payment sufficient to cover their office expenses (rent, staff salaries) for the period of time they expect the case to be litigated before it settles. Their fees, as such, are typically paid from a percentage of the settlement or judgement. But the advance payment in a garden variety civil rights/liberties case would be $50,000. Morphew's is no garden variety case, so I would guess he put at least $100,000 into it before the case was filed.

I speculate that Morphew made a very large advance payment to Eytan and Nielsen (maybe 80% of his net worth) for his criminal defense through trial, and that a portion of this remained when the criminal case was dismissed. I am guessing that this remainder was used to fund (at least partially) the advance for the civil case.

Barry's testimony will be required in the civil case to rebut the allegations in the arrest affidavit. If he did not testify these claims would be dismissed on summary judgement. And although he can lawfully invoke the Fifth Amendment and refuse to answer questions in a deposition or in trial, the jury will be instructed that they can draw the inference that his testimony is not credible and that his answers would have been adverse to his claim. There are other consequences if he refuses to supply evidence on discovery that is essential to a claim or defense.

So I don't think he will be advised to sit silent. Nor would he be inclined to do so - he already demonstrated that he thinks he can deceive people, or in the alternative that he lives in a delusional world. All MOO.

Good morning; even evening to all.

​

In contrast to #669 above, I'll attempt to make my points sans distractions. You may, but need not, wish me luck.

------------------------------------------​

- Barry is part and parcel of this civil matter in heading name only;
- It was, (remains?), no more than counsels' modus operandi of distracting, delaying, exhausting and bludgeoning the state and judiciary into submission;
- Replete with the potential for $ettlement$ from anyone and/or no-one-in-particular amongst a gaggle of besieged "defendants", akin to a "shakedown";
- That this was instigated by defense counsel notwithstanding, in the first place, their never intending to allow Barry's direct version of anything to be put on the (civil) record,
- Secondarily noting [nearly judicially so !] their client to be a pathological lying liar who lies, and consequently his own worst enemy, (albeit, from the firm's standpoint, a fatted calf,
- and the most professionally reckless tack would be to solicit let alone listen to anything Barry blurts.

--------------------------------------------
Ergo,
overheard in defense chambers:
{or words to this effect...}​

IE's most junior clerk typist:

"Mr. Morphew?
Counselor Eytan has asked if you would be so good as to retire to our anteroom?
Oh. And would you care for her to order a carry-out for your lunch? She recalled for me how much Agent Cahill appreciated her doing that for him when they got together for their chat years back...that was, inasmuch as they would be seeing each other in court the next day and all...Would you? And while I take care of that, would you care for some coffee?
Oh. Sorry. I forgot you're strenuously opposed to caffeine and such. Right living and all...

Sorry. My bad.
​