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

[mrjitty]

Interesting that LE can keep property indefinately - is that what the prosecution is saying? Is the prosecution saying that ALL of the property is linked or may be linked to the crime? From a legal perpective, I find it interesting that the state can do this - should the state not be put to proof that it needs to keep the evidence, not the defendant to prove that he/she needs the property returned?

I does look like they are saying in a normal case, pre-charge, so long as the property was validly seized under the warrant, you can't demand it back?

Surely there must be some limits on that

 

[mrjitty]

As I was mulling over the case, I was looking around the web about some theories and I am still struck by one thing.

There is the strange business of the Facebook friends on friday night, and the password reset.

But I still believe if BM had access to SMs iphone, he would have kept her "digitally alive" until bedtime on Saturday. So did he actually access her FB from his own phone, or from some missing device? I think prosecution experts will be able to tell which device was logged on when that activity happened (we saw this in the McStay case - they had the machine ID of logins).

So I think his plan went wrong. He murdered her (precisely timecoded by when he arrives and she goes dark, and the geo) then soon realises his mistake that he can't get into her phone. This is why he has to leave in the middle of the night - he messed up and has to be gone before she 'wakes up'

So far so good.

But what about the missing mileage? Is there a possibility that he did in fact dump SM from his truck where ever he drove, and the dogs just didn't detect cadaver?

The reason I wonder about this, is maybe the reason for the late disclosure of the expert reports is not just SNAFU but the prosecution actually has some idea of where he went?

So they really want to find the body?

 

[mrjitty]

In other words, maybe he turned left, and maybe he didn't - i suspect he did because he thought they had evidence of it - and that way he could cover real world facts with his lie - but we don't know where else he went.

It's especially strange that we don't have any GPS info for it - but maybe they do have that now?

Maybe they were updating their theory of the case late in the day?

 

[HongKongPhooey]

Other way round.

IE falsely and illogically asserts that prosecution advanced both

1. No theory;
2. The tranq theory

Prosecution states they have advanced no such theory, and nor do they have to. Further prosecution is not required to say how the evidence will be used in a future trial.

Prosecution makes a point I noted a few days ago. If SMs skeleton is found with a bullet hole in the skull, that changes everything and will make this motion look very silly.

Sorry my brain fog - this long Covid gahhh. Yes ofc, I meant prosecution not defense, all the other way round.

 

[GatorFL]

The People’s response to the Defense Motion for Return of Property:

https://ia601401.us.archive.org/9/items/peoples-fu-to-barryeytan-d-104/people_D-104.pdf

I sure hope whoever scanned that in missed a page because item #11 ends in an incomplete sentence. This DA has already screwed this case up enough, I can't imagine ending rebuttal with an incomplete sentence.

 

[Knox]

The People’s response to the Defense Motion for Return of Property:

https://ia601401.us.archive.org/9/items/peoples-fu-to-barryeytan-d-104/people_D-104.pdf

Reading the response makes me feel better about future prosecution of Barry.

What happened to the rest of No. 11 on page 5? Was the last sentence cut off?

 

[Megnut]

Could there be missing pages?

I wouldn't mind reading another page or two!

 

[waldojabba]

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.

Quoting from above - " If you mean by taking to task the man who had an affair with his wife, how is that bullying? "

Wondering what your thought process is with this statement. Because SM had an affair with JL , in your opinion does that give BM a right to retaliate against JL ? I guess I am confused by what "taking to task" means. Why would it have been appropriate for BM to take JL to task at all ?
SM was a woman who had free will and had a right to her own choices even within marriage. She was not BM's property even though he treated her as one of his possessions.
SM clearly made a choice to have an affair and it just so happened to be with JL. The only person JL needs to square things away with IMO is his own wife - not BM.

 

[California Dreamin’]

I highly doubt the DA’s office “forgot” the last page. Likely some clerk missed scanning the remainder.

It was a GREAT response and I’m just stoked that IE is cashing in on her “Cash Cow” Mr. Barry Morphew, slowly but surely draining BM’s account by filing questionable motions. It infuriates me that he is able to launch this type of defence with the $$ he stole from Suzanne by taking her life. It makes perfect sense for the prosecution to hold evidence in an ongoing investigation, IMHO. With any luck, by the time they arrest him again, he will have little left to pay for IE’s high end defence. She may be a good attorney, but her client is guilty. She’s knows it, we know it and the “killer out there” knows it! All MOO .

 

[Seattle1]

This is indeed very interesting

As noted the other day, so long as PC existed, the property was legally seized. We know also know the prosecution holds PC sufficient to charge and go to trial.

As a general legal principle it does seem potentially odd that you can never get your stuff back so long as the investigation continues?

But in any case, in this case, hard to see how BM should succeed.

Specific to Colorado, I think the Court has long been reluctant to hear and/or act on any motions regarding the release of seized property. For example, we recently learned that multiple vehicles owned/leased by Albert and Letecia Stauch (Gannon, 11, murder) were still in police custody after a motion was filed requesting the return of vehicle(s) for reasons including financial hardship by AS. MOO

 

[Nikynoo]

Quoting from above - " If you mean by taking to task the man who had an affair with his wife, how is that bullying? "

Wondering what your thought process is with this statement. Because SM had an affair with JL , in your opinion does that give BM a right to retaliate against JL ? I guess I am confused by what "taking to task" means. Why would it have been appropriate for BM to take JL to task at all ?
SM was a woman who had free will and had a right to her own choices even within marriage. She was not BM's property even though he treated her as one of his possessions.
SM clearly made a choice to have an affair and it just so happened to be with JL. The only person JL needs to square things away with IMO is his own wife - not BM.

BBM 'confronting'.

 

[waldojabba]

BBM 'confronting'.

@Nikynoo thanks for explaining your intent - appreciate it !

 

[Momofthreeboys]

I found #11 interesting too.

If I’m reading it correctly, it says defense never stated what their theory is re how Suzanne was murdered and it has been the prosecution putting it out there that their theory is that Suzanne was tranq-ed. So anybody who has criticised that theory has been misled by the prosecution’s spin possibly.

Obviously the evidence itself potentially lends itself to that interpretation, but I do find it interesting defense are saying here they never stated it as such.

Yes that was absolutely a prosecution theory in the AA. I'm thinking and my memory of the preliminary is fading that the tranq gun did come up, but it was admitted that is was not functional. Someone will have a better memory than me and fill in the deets. Some people that are convinced she had to have been tranquilized have theorized that she may have been injected in some manner minus a gun but those sorts of speculations are outside of the facts of the AA or what happened in the preliminary.

 

[steeltowngirl]

Could there be missing pages?

I wouldn't mind reading another page or two!

I hope there’s a missing page / debunking about the woman that defense claimed resembled Suzanne.

Actually, I wish they would track down the alleged Suzanne look-alike lady, interview her, just to hear her say live on TV: “Oh Hellz no, I’m not Suzanne. Everyone knows her husband murdered her.”

jmo

 

[Momofthreeboys]

Interesting that LE can keep property indefinately - is that what the prosecution is saying? Is the prosecution saying that ALL of the property is linked or may be linked to the crime? From a legal perpective, I find it interesting that the state can do this - should the state not be put to proof that it needs to keep the evidence, not the defendant to prove that he/she needs the property returned?

I am thinking that is not sustainable. I am thinking for the letter of the law they need to defend how each item is tied to the alleged crime and Barry and no they just can't keep everything indefinitely....but this case is always surprising so hard to say.

 

[Momofthreeboys]

I hope there’s a missing page / debunking about the woman that defense claimed resembled Suzanne.

Actually, I wish they would track down the alleged Suzanne look-alike lady, interview her, just to hear her say live on TV: “Oh Hellz no, I’m not Suzanne. Everyone knows her husband murdered her.”

jmo

I would be very shocked if LE had not followed up months and months ago on the tip if nothing, just for the record and for any potential future case against Barry.

 

[rainbowshummingbird]

I am a woman. I have brown hair. I live in Colorado. Am I at risk for investigation by Ms. Eytan for appearing to be Suzanne?

 

[HongKongPhooey]

Yes that was absolutely a prosecution theory in the AA. I'm thinking and my memory of the preliminary is fading that the tranq gun did come up, but it was admitted that is was not functional. Someone will have a better memory than me and fill in the deets. Some people that are convinced she had to have been tranquilized have theorized that she may have been injected in some manner minus a gun but those sorts of speculations are outside of the facts of the AA or what happened in the preliminary.

Sorry my brain fog - this long Covid gahhh. Yes ofc, I meant prosecution not defense, all the other way round.

Nope, I was having a brain fog moment

 

[GatorFL]

I am thinking that is not sustainable. I am thinking for the letter of the law they need to defend how each item is tied to the alleged crime and Barry and no they just can't keep everything indefinitely....but this case is always surprising so hard to say.

I think Barry will get some of it back. Not all, but some.

 

[Murphy1950]

I am a woman. I have brown hair. I live in Colorado. Am I at risk for investigation by Ms. Eytan for appearing to be Suzanne?

Yes, especially if you are carrying out a bag of trash from your house. Don't look nice!!! It's just an set up for an Eytan photo opp.