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

[GOBliaison]

Many thanks for your response which afforded me the opportunity to view Lauren Scharf's presentation, "Behind the Lens Part 2: Face to face with Barry Morphew" of July 10th 2020 for the first time.

Blessed Bovine , does this chapee relish moving gaggles of beings hither and yon.
To my way of thinking, PO-ed that neither his lion-mauling nor kidnapping hypos were - despite their cunningness -rewarded, Grandmaster Barry was going to play both sides of the board. Back & forth, up & down, lots of pieces to create & mask lots of mis-direction
Hey, Daughter One isn't otherwise engaged, so I'll go ahead and feint with her to counter these two buttinski hackettes. Hardly Bobby Fischer's "Queen Sacrifice", granted... but she instinctively wants to do eveything she can to help dad... Grand-EESH

 

[mrjitty]

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

Yes - that is my impression

It makes sense e.g as regards the guns. If Law Enforcement are still hunting for the body, how do they know if one of the guns was used in the murder? This would all look very stupid if the guns were returned, only for the cause of death to be a gunshot.

Also, such a hearing swiftly turns into a litigation of the actual evidential theory of the case which cannot be correct.

That said, presumably there has to be some practical constraints on this?

 

[mrjitty]

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.

Of course Baz could speed up the return of the unrelated property if he'd reveal where he hid Suzanne.

But seriously, I suspect they only need to be connected to the investigation

e.g. if they are still determining the murder weapon, they have a good basis to retain all the guns because they don't know which, if any, was used.

I am not exactly losing sleep over this one

 

[mrjitty]

It's interesting to go back to the AA just to be specific as to what the prosecution theory of the case actually was

'[from 5 May] .... Suzanne began to take her steps to leave Barry, while Barry took steps to control her, incapacitate her, stage a crime scene and create his alibi for her disappearance".

They then proceed to introduce circumstantial evidence on each of the 5 points.

IE is pretending both that the State has no theory and that they have only a speculative theory.

But in fact the tranq stuff is simply incriminating evidence for which the defence has no explanation.

For instance a jury might simply infer, that dumping the tranq chemicals goes to prove the "stage a crime scene" component.

The state is under no obligation to explain what exactly Barry was doing when he was running around the house - the point is, his explanation is highly incriminating.

 

[steeltowngirl]

Of course Baz could speed up the return of the unrelated property if he'd reveal where he hid Suzanne.

But seriously, I suspect they only need to be connected to the investigation

e.g. if they are still determining the murder weapon, they have a good basis to retain all the guns because they don't know which, if any, was used.

I am not exactly losing sleep over this one

I won’t lose sleep over it either.

Per Item 16 of his motion, BM thinks getting his stuff back will remove the cloud of suspicion over his head.

It won’t.

jmo

 

[MrsWatson]

Hey, how's that lawsuit IE filed for wrongful prosecution/arrest going?

IANAL, but it seems pretty straightforward about BM's stuff getting returned. It's an open ongoing investigation, BM remains the prime and only suspect. Until the case is "solved", there is no way of knowing what is or is not material to the case. Therefore, it needs to stay in the possession of LE to preserve the chain of custody.

MOO

 

[pseudo_hum]

IMO, if BM didn't make all those dumps on mothers day we may be able to clear this all up. What was it again BM that you threw out in all those dumping exercises? Seems suspicious BM, 'clear the air'.

 

[GOBliaison]

IMO, if BM didn't make all those dumps on mothers day we may be able to clear this all up. What was it again BM that you threw out in all those dumping exercises? Seems suspicious BM, 'clear the air'.

But...
Have we forgotten? Barry was a clutterophobe <bm>!

...And whoa!
Those staccato openings and closings of his truck doors during the early hours of Mother's Day 2020 ? ?

Well, what else was he to do? He had no choice but to do a walk-thru the now-his-solely-owned house, picking-up and carrying in his hands/arms all sorts of stuff,
moving back and forth to his truck,
consolidating these armsful in waiting sacks/bags.
Open a shut door; close that open door. Repeat as needed...Definitely not gonna' bag stuff inside as I move, search and select. Could be "messy", clue-wise.
Surely, a Grandmaster move, as well! These jumble-sacks will be much quicker [a word, Barry ?] to disperse, and likely impossible for rubes to recover and re-assimilate in a dangerous way...

* * * *​

Query: Any means of recovering data re. electric service meter rate-of-use @ PP during the hours of darkness over 19-20 May 2020?
Wouldn''t badsanta Bar had to have had the place lit up like a Christmas Tree for any clean-out?
And prior nighttime run-up usage rate(s) would be right there to compare ...oops! Have I just thrown away my Knight. Ding-it!

 

[Momofthreeboys]

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?

Not unless your nose, hair, eyes and height are similar to Suzanne

 

[Momofthreeboys]

Hey, how's that lawsuit IE filed for wrongful prosecution/arrest going?

IANAL, but it seems pretty straightforward about BM's stuff getting returned. It's an open ongoing investigation, BM remains the prime and only suspect. Until the case is "solved", there is no way of knowing what is or is not material to the case. Therefore, it needs to stay in the possession of LE to preserve the chain of custody.

MOO

There is a statue of limitations I do believe.

 

[Seattle1]

Hey, how's that lawsuit IE filed for wrongful prosecution/arrest going?

IANAL, but it seems pretty straightforward about BM's stuff getting returned. It's an open ongoing investigation, BM remains the prime and only suspect. Until the case is "solved", there is no way of knowing what is or is not material to the case. Therefore, it needs to stay in the possession of LE to preserve the chain of custody.

MOO

IMO, I think the People's response to the motion said it best: This "demand" by the defense was nothing short of another attempt at shopping a judge (i.e., end-around the judge's order) for a different result as was done earlier by IE to reject admitting the evidence of domestic violence, as well as the defenses bottled-up sanctions requests for alleged discovery violations which gutted the state's case from continuing to trial.

ETA: I believe it was a notice of intent [to sue] that was filed re. wrongful prosecution and violation of BM's civil rights. This was probably to preserve statutory compliance since most civil cases have a short filing window.

 

[O.Incandenza]

Yes - that is my impression

It makes sense e.g as regards the guns. If Law Enforcement are still hunting for the body, how do they know if one of the guns was used in the murder? This would all look very stupid if the guns were returned, only for the cause of death to be a gunshot.

Also, such a hearing swiftly turns into a litigation of the actual evidential theory of the case which cannot be correct.

That said, presumably there has to be some practical constraints on this?

Searches and seizures are both covered by the 4th Amendment, so they have the same probable cause standard: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause...."

So to seize the items, LE needed to show probable cause. Since the investigation is still ongoing and there's a possibility of a future trial, they should still have the right to hold that property as long as they haven't lost probable cause. You can imagine instances where they might have had probable cause initially to seize the item, but lost it as the investigation went on. For example, if they'd seized the bobcat initially based on the report of sounds at the construction site, but then analyzed its telematics and ruled out its use, they might have to return it. They're also only supposed to keep property as long as they need it. So if they seize a computer or phone and completely image it, they might then need to return it since they no longer have an evidentiary need for the physical item.

There might be some items on that list that Barry will get back, but I'd be surprised if most of them were returned. IMO and all that.

 

[rainbowshummingbird]

Not unless your nose, hair, eyes and height are similar to Suzanne

Being that Suzanne is deceased, my nose, hair, eyes and height are irrelevant.

 

[MrsWatson]

There is a statue of limitations I do believe.

There is no statue of limitations on murder. As long as it's an open case being investigated and BM remains the only suspect, how would that apply?

 

[GOBliaison]

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?

^^vrB,It.& Fbm^^

I need some advice here, and apologize if this (total) hypo has previously been put to rest.
Kindly, as is our collective wont, indulge me .
& TIA
----------------------

Indeed, would His Adroit Cunningness had to have driven anywhere...? ! ?...should he merely have jacked-up either or both sets of drive wheels above ground level and, there and then, "headed" out?
----------------------

Yeah! That's it, fersure!
I'll just fire-up 'Ol' Thundrbutt', my signature noisy-fjord, w/her wheels-in-the-wells so-to-say, right in my own driveway, and then really play with these telewhatsit rubes: braking, turning, signaling, maneuvering, on-road/off-road, two-wheel/all wheel drives, doors/windows/tailgate, the 'full monty' ... all while actually sitting right here!

Yeah! About fourteen miles total should be enuff. And I can use the time during this cunning "trip" to seven mile distant Mt.Tarh, [ turn-around-right-here! ], finishing some stuff I still have to wrap-up here...oh. Better be sure the fireplace is cold...

This will be - - correction: no! - - is rich, right now! Very!
Now let me get to 'the purse', and get her and mybutt moving straight away...

 

[jakat]

IMO, if BM didn't make all those dumps on mothers day we may be able to clear this all up. What was it again BM that you threw out in all those dumping exercises? Seems suspicious BM, 'clear the air'.

It appears he threw out Suzanne's teal and black biking clothes. He was caught on camera with it in his arms walking into the hotel. Why would he throw out her biking clothes? He murdered her that's why.

He also threw out one box of tranquilizer darts with one dart missing and he admitted to doing that. IMO he darted her. Whether or not he used a tranquilizer gun is irrevalent, but I feel he had another gun (tranquilizer) that is missing. LE found the broken one at PP along with the cap in the dryer.

He will never clear the air, he thinks he's home free. I hope he's not and spends the rest of his life behind bars.

JMO

 

[pseudo_hum]

It appears he threw out Suzanne's teal and black biking clothes. He was caught on camera with it in his arms walking into the hotel. Why would he throw out her biking clothes? He murdered her that's why.

He also threw out one box of tranquilizer darts with one dart missing and he admitted to doing that. IMO he darted her. Whether or not he used a tranquilizer gun is irrevalent, but I feel he had another gun (tranquilizer) that is missing. LE found the broken one at PP along with the cap in the dryer.

He will never clear the air, he thinks he's home free. I hope he's not and spends the rest of his life behind bars.

JMO

Yes, I did read about the things BM supposedly described what he did dispose of, but I suspect there were other things that he did not reveal. Do you know of what those items might be?

 

[Spartygirl]

So the old case is reopened. If the prosecution came across some kind of Smoking Gun piece of evidence back in August that was irrefutable is it possible Barry gave up Suzannes location. In exchange for a plea deal?

Glad case is reopened and hope it is for what we all wish but I think it's likely more towards him wanting his property back.

And as for him giving up Suzanne's location, where he "barried" her--NEVER

He will deny, deny, deny forever and Never give that info up.

Absolutely and 100% !!!

 

[Aloe]

Yes, I did read about the things BM supposedly described what he did dispose of, but I suspect there were other things that he did not reveal. Do you know of what those items might be?

Suzanne's phone.

 

[pseudo_hum]

Suzanne's phone.

And possibly the charger?