Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #59 *ARREST*

[NWLady]

Has it been verified that Suzanne was meeting with a DV group? I don't think it has.
This is my concern regarding DV and the two attorneys BM has retained. It may come down to a he said/she said concerning domestic violence, unless LE verifies that Suzanne attended groups.

Suzanne's text messages to her sister that Friday may very well reveal some things regarding this as well. JMO

ETA - Sorry, I see this has already been said on thread. I'm still trying to catch up.

 

[Cindizzi]

This was May 25, 2020.

‘We’re in the dark’: Missing Suzanne Morphew’s family waits and worries two weeks after Colorado mom’s mysterious disappearance [EXCLUSIVE]

The relative said they have never seen or heard about any specific issues in the Morphew’s marriage, and that the couple seemed happy. But they did indicate that Barry could be somewhat controlling.

“He’s been in charge of what happens for a long time,” they said.

 

[Diddian]

I agree. But I wonder if the prosecutor will be allowed to present evidence of BM's character in their case, so the jury will be able to comprehend as well?

When Chris brought it up with Thomas in the recent interview, Chris mentioned it in relation to establishing mens rea (criminal intent). I believe that establishing criminal intent is one of the necessary elements to proving responsibility for a crime beyond a reasonable doubt.

I'm not an attorney - I just happened to catch Chris referring to that, so if someone else can better explain how this would come in at trial, that'd be great.

 

[jakat]

MOO
Probably not for killing her, as he had worked himself into justification for it. But he is probably sorry for making errors.

Ita. Had a brief moment where I was thinking he was normal. Not the case at all.

JMO

 

[MsBetsy]

Barry's character, personality and behavior are relevant to this case, IMO.

Any chance to observe him makes the case more comprehensible and interesting to me. I think others feel the same.

LE must have thought it was relevant because they apparently were interested in that location.

I don't know what the PE guys were thinking, or what kind of statement Chris is trying to make, though. Maybe Barry tossed some evidence over the bluff.

 

[Momofthreeboys]

I agree. But I wonder if the prosecutor will be allowed to present evidence of BM's character in their case, so the jury will be able to comprehend as well?

I believe that only occurs if the defense presents witnesses that testify to a defendants character. Then prosecutors can call witnesses to refute.

 

[10ofRods]

Victims of DV are at the highest risk right when they make those first phone calls/texts to family and friends that even hint at the problem.

The men who hold themselves out to the community as "guardians of safety" (doctors, police, firemen, etc) and are in fact abusing someone at home who is physically weaker and socially isolated (often by the abuse itself)...are the worst of the worst, and yet, even in my own life, I end up trying to be more "forgiving" because of the "good works" they do in their lives as doctors, police, firemen.

The women in these situations are paralyzed and frantic at the same time. They often wish they were dead, they can't think of any way out - they don't want to "hurt" the public image of the man they married, thinking that somehow, it's they who are the real problem - or at least, the marriage is the problem.

 

[MsBetsy]

I believe that only occurs if the defense presents witnesses that testify to a defendants character. Then prosecutors can call witnesses to refute.

Chris suggested the defense would present Barry as a victim, due to the pressure by his father growing up.

I doubt that would work very well.

 

[Janeumayer]

Just wanted to discuss two things:

• Re. the possession of a dangerous weapon charge - I wonder if the murder 1 with intention stems from this purchase? Maybe it was purchased May 9th and shows his intent to commit murder.
• An interesting fact revealed by Suzanne’s step-brother TO during CM’s interview was Barry’s deer farm. He was breeding deer back in Indiana for hunters to release and kill. How about that? To me that is just sick. Speaks volumes about Barry’s detachment to living things. MOO

 

[Cindizzi]

When Chris brought it up with Thomas in the recent interview, Chris mentioned it in relation to establishing mens rea (criminal intent). I believe that establishing criminal intent is one of the necessary elements to proving responsibility for a crime beyond a reasonable doubt.

I'm not an attorney - I just happened to catch Chris referring to that, so if someone else can better explain how this would come in at trial, that'd be great.

I am not an attorney but I found this.

The Colorado "Felony Murder Rule" - How Does It Work?

3. Are there defenses to Colorado’s felony murder rule?
As mentioned, felony murder is unlike other murder cases because — as above-mentioned — it does not include the element of intent to commit murder or to cause the death of another person. Lacking this element of intent, defenses like self-defense do not work in felony murder cases.


Intention
Intention, or mental state, is a key difference. For most murders, the person kills someone with an intent to cause death to that person. This intention is premeditated, deliberated, and with malice aforethought. Under the felony murder rule, the person’s intent is not to kill someone but to commit a felony.

Likewise, the courts have affirmed the latter for decades. The Colorado courts found in 1974 that in felony murder cases, specific intent to kill another person with malice is not an element of the crime.2 Ten years later, the courts found that a defendant can indeed be convicted of felony murder where mental culpability is for the underlying felony — a general intent crime.3

In other words, participation in a felony is a substitution for the mens rea required in all other murder charges.4 So, if you kill someone during the commission of a felony, it does not matter if you intended to kill that person or did so through reckless or accidental means, it only matters that the person died while you participated in a felony.
5. What must the prosecutor prove to render a conviction of felony murder in Colorado?
There are only two elements a prosecutor must prove for a conviction of felony murder to hold:

1. A felony was committed or was attempted; and
2. A person not participating in the felony was killed

 

[10ofRods]

When Chris brought it up with Thomas in the recent interview, Chris mentioned it in relation to establishing mens rea (criminal intent). I believe that establishing criminal intent is one of the necessary elements to proving responsibility for a crime beyond a reasonable doubt.

I'm not an attorney - I just happened to catch Chris referring to that, so if someone else can better explain how this would come in at trial, that'd be great.

It means that there is evidence of guilt in the mind of the defendant. That his mind, itself, created situations and actions that showed guilt. Usually, it takes several witnesses and certain kinds of testimony to show that the defendant had/has a guilty mind.

For example, he's digging through the trash in Poncha Springs - is that evidence of a guilty mind? Nope. Not to me, if I were a juror.

Getting rid of/selling off Suzanne's possessions? Hmmm. That is a clear indicator (to me) that his mind knows she's not coming back. Anything of that sort can be viewed by individual jurors as mens rea and if all 12 have the same view, that's how our justice system works.

Mens rea is actually a powerful doctrine that's been around since, well, Roman times. Nearly all cultures recognize it.

If your actions or speech betray that, in your mind, you know you are guilty...what then, Barry? I bet we'd all differ on which of his actions and words make us think he has this quality.

To me, it's the unspent funds that could have gone to a private investigator; it's the use of a gun to warn off his own brother-in-law and party while they were trying to search for Suzanne; it's his trip to Mexico and showing the opposite of grief; it's his failure to organize some kind of memorial, fund, or other recognition of her before moving on with a new woman...

IOW, it's not just one glimpse into his mind - but my ongoing sense of it (and I bet his internet/GPS use will show more evidence of guilt - but not "in his mind").

Being unable to face people (to seek human comfort) when his wife had just gone missing (instead, staying with firefighter friends at George's house), is on my list. But I'd want more. Did he spend a lot of time with his daughters, as well? Because the Fire Chief makes it sound like it's all firefighters over there - and Barry staring out the window (not comforting his daughters???

I want that bit of the timeline very badly).

IOW, the things we know he did (rummage trash, buy vacant lot, make several trips to Indiana) all need a timeline and some context. Loading all he owned up on two trucks on the day he was arrested - well...sounds like he was fleeing, to me. And people will differ on this - but as more contexts come out, we'll find more consensus.

 

[IHAVENOCLUE]

I know right!?!?

 

[Scootie98]

You’re confusing the sites BM was working at.

On Saturday he was working in Salida. That is when he stopped at 11am or so after planning to work a full day.

Sunday was the Broomfield work that is 3 hours away.

yes....thanks for the clarification

 

[Seattle1]

It means that there is evidence of guilt in the mind of the defendant. That his mind, itself, created situations and actions that showed guilt. Usually, it takes several witnesses and certain kinds of testimony to show that the defendant had/has a guilty mind.

For example, he's digging through the trash in Poncha Springs - is that evidence of a guilty mind? Nope. Not to me, if I were a juror.

Getting rid of/selling off Suzanne's possessions? Hmmm. That is a clear indicator (to me) that his mind knows she's not coming back. Anything of that sort can be viewed by individual jurors as mens rea and if all 12 have the same view, that's how our justice system works.

Mens rea is actually a powerful doctrine that's been around since, well, Roman times. Nearly all cultures recognize it.

If your actions or speech betray that, in your mind, you know you are guilty...what then, Barry? I bet we'd all differ on which of his actions and words make us think he has this quality.

To me, it's the unspent funds that could have gone to a private investigator; it's the use of a gun to warn off his own brother-in-law and party while they were trying to search for Suzanne; it's his trip to Mexico and showing the opposite of grief; it's his failure to organize some kind of memorial, fund, or other recognition of her before moving on with a new woman...

IOW, it's not just one glimpse into his mind - but my ongoing sense of it (and I bet his internet/GPS use will show more evidence of guilt - but not "in his mind").

Being unable to face people (to seek human comfort) when his wife had just gone missing (instead, staying with firefighter friends at George's house), is on my list. But I'd want more. Did he spend a lot of time with his daughters, as well? Because the Fire Chief makes it sound like it's all firefighters over there - and Barry staring out the window (not comforting his daughters???

I want that bit of the timeline very badly).

IOW, the things we know he did (rummage trash, buy vacant lot, make several trips to Indiana) all need a timeline and some context. Loading all he owned up on two trucks on the day he was arrested - well...sounds like he was fleeing, to me. And people will differ on this - but as more contexts come out, we'll find more consensus.

I've never heard the doctrine applied after the crime as it goes to not all people react the same to situations. Not all guilty react with how you think they should act. However, I think BM's actions after disappearing SM are all part of the plethora of circumstancial evidence that will convict him. MOO

 

[Megnut]

Murderers know too much and forgot to do what nonmurderers think to do.

How many hospitals did Barry call on his drive back to Maysville?

The End

JMO

 

[JDough]

.Chaffee County announces new charges against Barry Morphew | FOX21 News Colorado
Just rewatched LS' audio recording of Barry repeating that he's "...Not gonna go on camera..." (his words) .
Never mind about his wife missing./QUOTE]

RSBM
This has never sat right with me. If my spouse were missing, I'd call every tv station, radio host, newspaper, and any other form of media far and wide. I would be doing everything possible to spread the word, even if that meant doing on camera interviews. And I wouldn't be giving them hiding my face or turning backwards from the camera. No reason to get angry, Barry. You are trying to find your wife, right?

 

[TKG]

It means that there is evidence of guilt in the mind of the defendant. That his mind, itself, created situations and actions that showed guilt. Usually, it takes several witnesses and certain kinds of testimony to show that the defendant had/has a guilty mind.

For example, he's digging through the trash in Poncha Springs - is that evidence of a guilty mind? Nope. Not to me, if I were a juror.

Getting rid of/selling off Suzanne's possessions? Hmmm. That is a clear indicator (to me) that his mind knows she's not coming back. Anything of that sort can be viewed by individual jurors as mens rea and if all 12 have the same view, that's how our justice system works.

Mens rea is actually a powerful doctrine that's been around since, well, Roman times. Nearly all cultures recognize it.

If your actions or speech betray that, in your mind, you know you are guilty...what then, Barry? I bet we'd all differ on which of his actions and words make us think he has this quality.

To me, it's the unspent funds that could have gone to a private investigator; it's the use of a gun to warn off his own brother-in-law and party while they were trying to search for Suzanne; it's his trip to Mexico and showing the opposite of grief; it's his failure to organize some kind of memorial, fund, or other recognition of her before moving on with a new woman...

IOW, it's not just one glimpse into his mind - but my ongoing sense of it (and I bet his internet/GPS use will show more evidence of guilt - but not "in his mind").

Being unable to face people (to seek human comfort) when his wife had just gone missing (instead, staying with firefighter friends at George's house), is on my list. But I'd want more. Did he spend a lot of time with his daughters, as well? Because the Fire Chief makes it sound like it's all firefighters over there - and Barry staring out the window (not comforting his daughters???

I want that bit of the timeline very badly).

IOW, the things we know he did (rummage trash, buy vacant lot, make several trips to Indiana) all need a timeline and some context. Loading all he owned up on two trucks on the day he was arrested - well...sounds like he was fleeing, to me. And people will differ on this - but as more contexts come out, we'll find more consensus.

Let's not forget he voted "for her". He didn't see anything wrong with cheating, other guys were. He didn't sign her name but he witnessed it... This speaks to mens rea, saying he thought it was okay to cheat.

Is it allowable to discuss this during the 78 trial?

 

[Seattle1]

Great example...

Justice Holmes famously illustrated the concept of intent (mens rea) when he said “even a dog knows the difference between being stumbled over and being kicked.”

Mens Rea

 

[Momofthreeboys]

Chris suggested the defense would present Barry as a victim, due to the pressure by his father growing up.

I doubt that would work very well.

Huh. Not my choice. But that is what will be interesting...we will get an idea when prosecution lays out their case during the preliminary. That will give a clue perhaps what the defense might due.

 

[susiQ]

Let's not forget he voted "for her". He didn't see anything wrong with cheating, other guys were. He didn't sign her name but he witnessed it... This speaks to mens rea, saying he thought it was okay to cheat.

Is it allowable to discuss this during the 78 trial?

RBBM
I highly suspect he didn’t reserve that line of thinking for just voter fraud. It speaks to everything he did and didn’t do in his personal and professional life. I bet he “cheats” at everything. He’s Barry Morphew. He’s entitled. The fact that he has invoked “Christianity” to make himself appear pious and innocent is absolutely repugnant. His words disgust me and are an insult to his murdered wife, her loving family and the beauty of HER faith, which likely, and sadly, is what kept her with him way too long. Always loving, always forgiving, always hoping HER love and faith could make him see the light and change his selfish ways. He never understood the jewel he had in Suzanne. All MOO.