Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

[Love Never Fails]

But only if it is allowed into trial by the judge. I suspect if a new charges are filed, there will be many motions filed in repect to the value of 'circumstantial' evidence submitted by the prosecution.

Yeah you bet. IE won’t let anything go. But I’m hoping a new judge will start all over with evidence and witnesses. If we are going to have real justice in this country, let’s start with Morphew.

 

[Seattle1]

You'd have thought they'd hold onto that garden angel SM received after her own mother died if they consider precious those things that SM did.

Instead, it was left where BM dumped the bike - a place likely to be visited by curious others and a place where it could easily be taken or damaged.

I wonder if BM, known to plant a trail cam or two (and eager to have his returned), planted any nearby to keep an eye on it. I wouldn't bet my life (or $.02) on it.

EDIT: I see Seattle1 already addressed this. Sorry!

^^BBM

No need to apologize @Diddian for clearly voicing that it's completely reasonable to believe any sentimental attachment to SM's journal in evidence unlikely and why.

 

[DizzyB]

Boy that’s a lot of weapons and trail cams-did anyone do a count of each?

 

[Seattle1]

I thought Judge Murphy said he could have his muzzle loader and bow, no? He needs something to hunt with, right?

He wants ALL of his guns returned, afterall, it's hunting season. A muzzle loader and bow just don't cut it for a professional hunter. I hope he's told NO!

JMO

Where Federal law and Colorado law both prohibit convicted felons from possessing firearms, we know federal law does not recognize some older-style muzzle-loading guns as firearms.

I recall Judge Murphy referred to BM's supervised probation officer to cite BM allowed the use of a muzzleloader during his convicted felon status that is not set to be lifted until late June 2023, (providing no violations with terms of his plea agreement and/or probation).

However, take note that not every state has been willing to accept the use of muzzleloaders by convicted felons.

For example, I just learned that Nebraska rejects the notion that muzzleloaders are NOT firearms:

Nebraska law, as set in State v. Tharp, 22 Neb. App. 454, 854 N.W.2d 651 (2014) noted that Nebraska law 28–1201(1) states that a firearm is “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon.”  

The court held that the black powder or muzzle loading guns, in that case, were “designed or had the ability to expel a projectile by the action of the explosive black gunpowder.”

In other words, please be aware of your subject state laws before acting on the muzzle-loading gun advice for convicted felons.

But more importantly, I don't know if the Sheriff's List cited by BM's motion includes any "muzzleloader" non-firearm. Perhaps one of our firearm aficionados can review the seizure list and enlighten us.

 

[Cindizzi]

Link to the May 26 Defense Motion:

https://s3.documentcloud.org/documents/22277452/2022-05-26-15-45-46-2022-05-26-morphew-pleadings-d-104-return-of-property.pdf

Source:

Barry Morphew’s request to have seized property returned was denied, search for Suzanne Morphew continues in Colorado

A Colorado man who was once facing murder charges tied to the disappearance of his wife is now looking to reclaim property that was seized by authorities.

www.kktv.com

 

[mrjitty]

He said he had a gun and was running after chipmunks to shoot them. This are his own words. You don't believe him?

There seems to be an odd idea in this case that where BM's own statements corroborate the prosecution case (e.g the location evidence or the left turn), they should be ignored because he is a liar.

So he gets kind of double benefit of lying.

That is not really how damaging admissions work in the Court room.

 

[mrjitty]

Lauren Scharf
@LaurenScharfTV

Back from a short vacation, learning the #BarryMorphew attorney filed a motion to get some of his belongings back from the investigation and the prosecution filed another motion in response. New or existing charges HAVE NOT been filed.
10:51 AM · Sep 9, 2022

@LaurenScharfTV

His attorneys asked about getting his property back after the case was dismissed in April. The judge told them to file a motion and for the prosecution to file a response. Then the judge quit. So it was recently reopened for a hearing in October on that issue alone.
10:52 AM · Sep 9, 2022

@LaurenScharfTV
Replying to
@**********

There was some police activity near the Puma Path property recently, but no official word on what that entails. I know investigators have spent a lot of time searching this summer.
11:01 AM · Sep 9, 2022

This is what I suspected - they have been searching - unfortunately so far unsuccessfully.

As usual, IE is misleading everyone. The prosecution did not promise to find SM - rather they said they had promising info. Seems like it has not panned out.

 

[mrjitty]

Aha, they updated the KKTV article Updated: 19 hours ago. I'm pretty sure that originally said Colorado Springs - but regardless the location is not very important there was social chatter about a women who resembled Suzanne and that is what is referenced in the motion and was in the KKTV article before editing. We can't link social media here but if you have access, it's pretty easily searchable still along with the image which I'd bet money on defense saw in May. I don't think it will have relevance to the motion to return Barry's and both MM's possessions in my opinion.

So did Iris just reference this "social chatter" in her motion then?

 

[mrjitty]

So what happens if the skeleton turns up with a bullet hole in the skull following a violent death?

Returning anything seems off the table to me, given we know the State holds evidence rising above probable cause to charge.

This is why it is frustrating that IE can apparently keep lying with no consequence. She knows full well the evidence against her client, which would be enough to charge him today.

 

[katydid23]

The statue - height etc, hair color, apparent "nice" coat, accessories, you can't tell frame because of the baggy jeans and the puffy coat, the nose I can see why some people latched onto it.

So this woman has had two bouts with cancer and is still in treatment to prevent it's return. And she is going to walk away from that medical treatment, and leave all of her money behind and her 2 children behind, her boyfriend behind, to go live on the streets? Why would she do that?

 

[katydid23]

As against notarized true copies of the originals offered into evidence at trial by the P, what evidence would the D have to refute this?

Jus' wond'rin...

This particular defense team is very aggressive and argumentative. They thrive on calling out the prosecution as cheaters and liars and do the same with LE. I wouldn't put it past them to accuse the state of tampering with the originals , notarised or not. JMO

 

[Nikynoo]

So did Iris just reference this "social chatter" in her motion then?

From the motion;
'There is no link between the property to the location or circumstancesof Mrs. Morphew’s disappearance. In fact, there has been a sighting ofawoman as recently as May 2022 who has a close resemblance to Mrs. Morphew which the defense notified the prosecution about, but does not appear the prosecution has followed up. The defense is investigating this lead.'

 

[Lyanna]

I've been reading reviews on that Native Rampage Crossbow, like Barry's
Scary weapon, arrows so quiet they barely startle the animal, can skewer rabbits and from 35 ft can hit a moose piercing both lungs leaving the reviewer's target moose continuing to run for an additional 20 ft before dying from blood loss and asphyxiation
Can use from a distance of 100 ft with a scope - recommended Hawke that is apparently excellent in any conditions/background

Imagine it would be difficult to prove whether a particular crossbow was used as a murder weapon unless obvious, but in a case like Suzanne's would there be a way of proving that?

 

[GatorFL]

But more importantly, I don't know if the Sheriff's List cited by BM's motion includes any "muzzleloader" non-firearm. Perhaps one of our firearm aficionados can review the seizure list and enlighten us.

I counted 22 seized that he is seeking to be returned. But they're all standard firearms, no muzzleloaders on that list. I believe included is ammunition for several of the firearms.

 

[jakat]

Heavens! I've gone thru all my Pedialyte!

Tums

 

[jakat]

I will wait to see if they can pull it together. I had doubts they could convict starting after the preliminary mostly because I knew the zooming around with a tranq gun wasn’t going to work for them and they were too deep to pivot.

He did dump the tranquilizer stuff and that most likely included the tranq gun. There was a broken one at the house so he didn't use that one, otherwise why would it still be at the house. He dumped everything he used in the crime.

He was zooming around because he was chasing Suzanne with a tranq gun, IMO. His phone showed where he was and what he was doing and that was zooming around. He never chased chipmunks, that was a lie. He chased Suzanne!

The prosecution needs to get it together. The evidence is there. Barry murdered Suzanne and she deserves justice.

JMO

 

[jakat]

Where Federal law and Colorado law both prohibit convicted felons from possessing firearms, we know federal law does not recognize some older-style muzzle-loading guns as firearms.

I recall Judge Murphy referred to BM's supervised probation officer to cite BM allowed the use of a muzzleloader during his convicted felon status that is not set to be lifted until late June 2023, (providing no violations with terms of his plea agreement and/or probation).

However, take note that not every state has been willing to accept the use of muzzleloaders by convicted felons.

For example, I just learned that Nebraska rejects the notion that muzzleloaders are NOT firearms:

Nebraska law, as set in State v. Tharp, 22 Neb. App. 454, 854 N.W.2d 651 (2014) noted that Nebraska law 28–1201(1) states that a firearm is “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon.”  

The court held that the black powder or muzzle loading guns, in that case, were “designed or had the ability to expel a projectile by the action of the explosive black gunpowder.”

In other words, please be aware of your subject state laws before acting on the muzzle-loading gun advice for convicted felons.

But more importantly, I don't know if the Sheriff's List cited by BM's motion includes any "muzzleloader" non-firearm. Perhaps one of our firearm aficionados can review the seizure list and enlighten us.

As much as I don't want him to get them back, I think he will. I just think it's wrong, but I'm not the law or a lawyer and have no decision in this

Where Federal law and Colorado law both prohibit convicted felons from possessing firearms, we know federal law does not recognize some older-style muzzle-loading guns as firearms.

I recall Judge Murphy referred to BM's supervised probation officer to cite BM allowed the use of a muzzleloader during his convicted felon status that is not set to be lifted until late June 2023, (providing no violations with terms of his plea agreement and/or probation).

However, take note that not every state has been willing to accept the use of muzzleloaders by convicted felons.

For example, I just learned that Nebraska rejects the notion that muzzleloaders are NOT firearms:

Nebraska law, as set in State v. Tharp, 22 Neb. App. 454, 854 N.W.2d 651 (2014) noted that Nebraska law 28–1201(1) states that a firearm is “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon.”  

The court held that the black powder or muzzle loading guns, in that case, were “designed or had the ability to expel a projectile by the action of the explosive black gunpowder.”

In other words, please be aware of your subject state laws before acting on the muzzle-loading gun advice for convicted felons.

But more importantly, I don't know if the Sheriff's List cited by BM's motion includes any "muzzleloader" non-firearm. Perhaps one of our firearm aficionados can review the seizure list and enlighten us.

Yeah, I don't think be should have any weapons returned, buy that's just me. He hasn't been convicted of murder so looks like he'll get his guns and trail cams back with the rest of his stuff. Guaranteed. Ugh!

 

[mrjitty]

From the motion;
'There is no link between the property to the location or circumstancesof Mrs. Morphew’s disappearance. In fact, there has been a sighting ofawoman as recently as May 2022 who has a close resemblance to Mrs. Morphew which the defense notified the prosecution about, but does not appear the prosecution has followed up. The defense is investigating this lead.'

So like I said then?

This is just wild speculation.

 

[mrjitty]

So this woman has had two bouts with cancer and is still in treatment to prevent it's return. And she is going to walk away from that medical treatment, and leave all of her money behind and her 2 children behind, her boyfriend behind, to go live on the streets? Why would she do that?

Patently absurd.


The prosecution doesn't have to follow up on every absurd conspiracy theory on social media.

I am sure Barry is scouring the doss houses as we speak

 

[MountainDad]

So like I said then?

This is just wild speculation.

Over 2 years to come up with a defense that fits with the loads of evidence against BM. So the defense is going with" a homeless woman's picture on the internet looks like Suzanne." I wouldn't put it past his lawyers, BM, or BMs family to Photoshop images.