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

[BeckyF]

RSBM

IMO there is a bit of a tendency to be overcritical of first responders in hindsight when a case turns out to be super difficult, but they cannot have known that in advance, and usually it is not practical to approach every call out like an episode of CSI

In several 'missing persons' cases I have followed, the family has tooled around the house for hours if not days following a murder, because no one realised it was a crime scene yet

Personally I don't think anything was missed or compromised. e.g the bike is not the crime scene. There was never anything you could find there.

I completely agree. And I’m frankly tired of LE and Agent Grusing being blamed for Barry not being held accountable for this crime. Any mistakes made by police at the bike scene were not fatal mistakes. If no one had touched the abandoned bike, would Barry be in prison now? I don’t think so.

What was Agent Grusing supposed to do other than what he did? He couldn’t beat a confession out of Barry. He got a lot out of Barry that were very damning statements so he is obviously decent at what he does. JMO

 

[Nikynoo]

He has already been 'paid back'

He has? How so?

 

[Nikynoo]

I completely agree. And I’m frankly tired of LE and Agent Grusing being blamed for Barry not being held accountable for this crime. Any mistakes made by police at the bike scene were not fatal mistakes. If no one had touched the abandoned bike, would Barry be in prison now? I don’t think so.

What was Agent Grusing supposed to do other than what he did? He couldn’t beat a confession out of Barry. He got a lot out of Barry that were very damning statements so he is obviously decent at what he does. JMO

Is anyone (as in entity) to blame for not holding B accountable for this crime?

Looking at the Arrest Warrant - this (failed) prosecution seems to have been driven by the District Attorneys office.

I know that some posters blame the Judge for 'gutting' the case by not allowing expert witnesses, but if the Judge had erred in law, the prosecution could (and should) have appealed the order.

In short, the actions (or inactions) of the prosecution, is the sole reason this prosecution failed.

 

[Ontario Mom]

He has already been 'paid back'

I'm at a loss. What does that mean?

 

[crhedBngr]

I wonder if JL should be worried.

That's crossed my mind as well.

ETA: @mrjitty : How has JL been "paid back"?

TIA.

JMVHO.

 

[Kemug]

He has already been 'paid back'

I do agree that he has been paid back in that his secret affair with SM has been exposed to his family, his community and the world - and he has no doubt suffered accordingly. But is that enough for Barry? I would think that Barry might want to make it personal.

 

[Nikynoo]

I do agree that he has been paid back in that his secret affair with SM has been exposed to his family, his community and the world - and he has no doubt suffered accordingly. But is that enough for Barry? I would think that Barry might want to make it personal.

BBM - all his own doing IMO.

I disagree. IMO Barry is a coward.

 

[mrjitty]

He has? How so?

My personal opinion, murdering SM was in part a vengeance over his rival

I think BM also suspected that JL could become a fall guy

 

[mrjitty]

Is anyone (as in entity) to blame for not holding B accountable for this crime?

Looking at the Arrest Warrant - this (failed) prosecution seems to have been driven by the District Attorneys office.

I know that some posters blame the Judge for 'gutting' the case by not allowing expert witnesses, but if the Judge had erred in law, the prosecution could (and should) have appealed the order.

In short, the actions (or inactions) of the prosecution, is the sole reason this prosecution failed.

I think what posters are saying is the investigators did a hell of a job.

It was the prosecutors who messed up the case management.

 

[mrjitty]

BBM - all his own doing IMO.

I disagree. IMO Barry is a coward.

I think he would have bullied JL if he could have found him.

In the end he did something much worse.

 

[BeckyF]

Is anyone (as in entity) to blame for not holding B accountable for this crime?

Looking at the Arrest Warrant - this (failed) prosecution seems to have been driven by the District Attorneys office.

I know that some posters blame the Judge for 'gutting' the case by not allowing expert witnesses, but if the Judge had erred in law, the prosecution could (and should) have appealed the order.

In short, the actions (or inactions) of the prosecution, is the sole reason this prosecution failed.

My post was specifically referring to the police who were called to the scene and Agent Grusing’s questioning of Barry. IMO, they did not mess up the case as has been suggested.

 

[BeckyF]

Is anyone (as in entity) to blame for not holding B accountable for this crime?

Looking at the Arrest Warrant - this (failed) prosecution seems to have been driven by the District Attorneys office.

I know that some posters blame the Judge for 'gutting' the case by not allowing expert witnesses, but if the Judge had erred in law, the prosecution could (and should) have appealed the order.

In short, the actions (or inactions) of the prosecution, is the sole reason this prosecution failed.

But I do get your point and I wish they would have appealed the order.

 

[mrjitty]

But I do get your point and I wish they would have appealed the order.

IMO It will end up being appealed anyway if/when the case comes back to Court.

If the Trial judge allows the case to proceed without the sanctions (new trial) the defence will appeal accusing the prosecution of elaborate judge shopping.

If the trial Judge does re-impose the sanctions, the prosecution will appeal, including on the original grounds.

So IMO, one way or the other, the substance of it will be contested.

 

[MassGuy]

RSBM

IMO there is a bit of a tendency to be overcritical of first responders in hindsight when a case turns out to be super difficult, but they cannot have known that in advance, and usually it is not practical to approach every call out like an episode of CSI

In several 'missing persons' cases I have followed, the family has tooled around the house for hours if not days following a murder, because no one realised it was a crime scene yet

Personally I don't think anything was missed or compromised. e.g the bike is not the crime scene. There was never anything you could find there.

Exactly. The odds that Suzanne was a victim of a crime were incredibly low. People get lost in the woods, or suffer injuries in accidents. Murder is rare on the whole.

 

[Nikynoo]

My post was specifically referring to the police who were called to the scene and Agent Grusing’s questioning of Barry. IMO, they did not mess up the case as has been suggested.

No, I agree with your post. My post was merely pointing to were blame could possibly be apportioned.

 

[Nikynoo]

My personal opinion, murdering SM was in part a vengeance over his rival

I think BM also suspected that JL could become a fall guy

Interesting. When do you think B found out about JL?

ETA - do you think B is a good enough liar to not only be surprised by Suzanne's affair, but to hide evidence of his own alleged affairs?

 

[Nikynoo]

IMO It will end up being appealed anyway if/when the case comes back to Court.

If the Trial judge allows the case to proceed without the sanctions (new trial) the defence will appeal accusing the prosecution of elaborate judge shopping.

If the trial Judge does re-impose the sanctions, the prosecution will appeal, including on the original grounds.

So IMO, one way or the other, the substance of it will be contested.

I would imagine that if the prosecution refile, they will have all their ducks in a row and will engage a different range of experts, with CV's and reports at the ready.

 

[Nikynoo]

I think he would have bullied JL if he could have found him.

In the end he did something much worse.

BBM - how so? If you mean by taking to task the man who had an affair with his wife, how is that bullying? Trying to understand your thought processes here.

 

[MountainDad]

My post was specifically referring to the police who were called to the scene and Agent Grusing’s questioning of Barry. IMO, they did not mess up the case as has been suggested.

Mess up the case? I was simply stating it's bad police work to touch the bike- allow BM to touch the bike. The scene should have been secured after bike was found- and SM was not located. BM, on police cam, drives right through the area in his truck- the scene must be preserved for any crime- whether murder or a car accident. It's basic. Bad police work. Escorting BM through the house - bad police work. I never stated this caused the case to fail- that was obviously LS missteps.

 

[steeltowngirl]

Exactly. The odds that Suzanne was a victim of a crime were incredibly low. People get lost in the woods, or suffer injuries in accidents. Murder is rare on the whole.

Even rarer than murder is a mountain lion attack. Yet Barry was quick to suggest the possibility that a mountain lion had been responsible for his wife’s disappearance. He wanted LE to skip over the more likely scenario.