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

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  • #681
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

This is an amazing post and one of the most informative we've had on WS, of late.

I hope people who are wondering about why "all the 'extra' charges" take a look at what you wrote. Committed or attempted. Doesn't have to be complete.
 
  • #682
What a very sincere, thoughtful post @LaineyJ I’m finally making progress on working through some of my deep sadness over this case. I spent days just teary-eyed. Once the realization sets in she’s definitely gone, no longer breathing, I can focus on the criminal elements and hope to figure out a way she can be found. I’m still very sad and concerned for the girls. I doubt seriously if they would reach out to a DV victim’s advocate, but they are victims. And I understand why DV was added to the charges, the court isn’t stating there was “physical DV” just that DV is added when there has been an intimate relationship between the victim and the accused. well, I’m rambling. Sorry about that. MOO :)

Yes, I, too, read Lainey's post with a whimper. Suzanne grabbed my heart and won't let go. It seems that I had so much in common with her life.

I wholeheartedly believe you know who used some type of subterfuge in order to separate his wife from the lovely daughters whom Suzanne adored so tenderly. It is times like these when we wish to turn back time for victims.

May I say that Kittybunny's poem and your avatar change have been a highlight of reading here today. I love seeing Suzanne's sweetly smiling face pictured along with your cohesive replies and agreeable opinions while displaying good common sense. Cheers to All! Thursday's a comin'!
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  • #683


T
hank you @DeDee, so very sweet and kind of you. I’m glad my avatar improved your day. I have to say, I enjoy seeing Suzanne’s smile as well. This is really the only place I feel comfortable discussing cases such as sweet Suzanne’s. We must see this through and push for Suzanne to be found.
#Justice4Suzanne
 
  • #684
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

In the psychological sense (which is what goes on in a jury's mind - they are not lawyers), the term still has great meaning, even if know one has heard it.

It's a collapsed, historic term for the qualities of mind that guide the behavior of the guilty (e.g., constant hand washing).

You can't shake it off - juries can use their own sense of it. It definitely is a big part of any trial, even if there's no formal legal meaning.
 
  • #685
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?

I don't know whether it can be discussed at trial. I'm interested in jury behavior and what's in their minds (juries often don't discuss as much as you might think - they vote, certain people ask to see certain evidence, some discussion occurs - but then they vote again to see if someone is changing their mind in response to particular pieces of evidence).

That's my sense of it anyway.
 
  • #686
You know, I don’t think BM EVER really loved Suzanne the way the rest of us understand loving someone. He “loved” that Suzanne loved HIM unconditionally, perhaps even idolized him in her youth. This fed his ego, which was mammoth and validated him after losing his shot at the big league, returning home because of an “injury” (athletes recover from them most of the time). She was beautiful both in body and mind (and he loved showing her off) and he loved being king of HIS castle. Once Suzanne saw him for who he truly was and decided not to put up with his emotional abuse and “cheating” heart anymore, he could no longer “love” her. She was now dispensable to him. On to someone else that would love him unconditionally (like his momma) someone he could manipulate and lie to and pretend to “love” until he couldn’t because she might peel off his sheepskin and discover...... he’s a murderous WOLF! Hopefully, once the AA is released, she will appreciate all that his arrest has saved her from.
JMHO
 
  • #687
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. :mad: 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.

And here we have it!

Many, many jurors would think the same way. And across many cultures. It's core to justice that a person who tries to hide a crime, but can be shown to be a liar across many contexts, is not a person to trust (as a witness).

Then, the jury can make up their own minds about his invocation of piety - I don't think this is the first rodeo for most jurors.
 
  • #688
And here we have it!

Many, many jurors would think the same way. And across many cultures. It's core to justice that a person who tries to hide a crime, but can be shown to be a liar across many contexts, is not a person to trust (as a witness).

Then, the jury can make up their own minds about his invocation of piety - I don't think this is the first rodeo for most jurors.
YES!! Exactly what I was hoping; because it is an entirely different case, i'm not positive it will be shared. I'm hopeful this information will be shared during the trial for the 5 charges including Murder 1 with premeditation.
 
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  • #689
You know, I don’t think BM EVER really loved Suzanne the way the rest of us understand loving someone. He “loved” that Suzanne loved HIM unconditionally, perhaps even idolized him in her youth. This fed his ego, which was mammoth and validated him after losing his shot at the big league, returning home because of an “injury” (athletes recover from them most of the time). She was beautiful both in body and mind (and he loved showing her off) and he loved being king of HIS castle. Once Suzanne saw him for who he truly was and decided not to put up with his emotional abuse and “cheating” heart anymore, he could no longer “love” her. She was now dispensable to him. On to someone else that would love him unconditionally (like his momma) someone he could manipulate and lie to and pretend to “love” until he couldn’t because she might peel off his sheepskin and discover...... he’s a murderous WOLF! Hopefully, once the AA is released, she will appreciate all that his arrest has saved her from.
JMHO

Although it has never been revealed that he has been officially diagnosed, his behavior leads me to believe the only person he's ever really loved, is himself. Everything in life has been there by his doing to ultimately serve his needs and goals, everything. Yes, this even includes his children sadly. Their appearance reflects on him, their grades, the girls like-ability, popularity etc. It sounds cold but i've been around this type before. They leave a wake and never look back.

BM Goals:

Image
power
money (see above two)
ego
status
career

It's all about what others think. His ego has an insatiable appetite.

Poor Suzanne wasn't serving his needs anymore.
 
  • #690
Has anyone ever determined which 3½ hour window Andy is speaking of? When did that 3½ hour window start?

I am not finding any further detail about it in my searches.

"And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."
https://www.thedenverchannel.com/ne...arrives-in-colorado-ahead-of-volunteer-search

Maybe we need to wait, because he knows something that we don't know? Perhaps 3½ hours where BM had his phone turned off? In which case, we likely wouldn't know yet.
 
  • #691
You know, I don’t think BM EVER really loved Suzanne the way the rest of us understand loving someone. He “loved” that Suzanne loved HIM unconditionally, perhaps even idolized him in her youth. This fed his ego, which was mammoth and validated him after losing his shot at the big league, returning home because of an “injury” (athletes recover from them most of the time). She was beautiful both in body and mind (and he loved showing her off) and he loved being king of HIS castle. Once Suzanne saw him for who he truly was and decided not to put up with his emotional abuse and “cheating” heart anymore, he could no longer “love” her. She was now dispensable to him. On to someone else that would love him unconditionally (like his momma) someone he could manipulate and lie to and pretend to “love” until he couldn’t because she might peel off his sheepskin and discover...... he’s a murderous WOLF! Hopefully, once the AA is released, she will appreciate all that his arrest has saved her from.
JMHO

While I agree with the synopsis of BM's mean mistreating ways and, perhaps, there was a lack of love; however, due to the texts to MM, I feel that there's a particular reason BM killed her that awful weekend. Maybe he was against the wall and only she could save him.

Perhaps the harbinger pertained to her unwillingness to sign a legal document that would serve him beneficially in some fashion. BM felt he deserved something that only she could provide. Maybe her refusal was met with a short rifle because Barry did things his unscrupulous way.

Whatever the immediate cause was for BM, Suzanne had foreshadowing of her demise.
.
 
  • #692
Has anyone ever determined which 3½ hour window Andy is speaking of? When did that 3½ hour window start?

I am not finding any further detail about it in my searches.

"And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."
https://www.thedenverchannel.com/ne...arrives-in-colorado-ahead-of-volunteer-search

Maybe we need to wait, because he knows something that we don't know? Perhaps 3½ hours where BM had his phone turned off? In which case, we likely wouldn't know yet.
Here you go, it's been published several places but here is one.
Suzanne Morphew Had 'Concerns About Her Safety' Before Husband Allegedly Killed Her: Sister

BBM:

"My sister was murdered," Andrew Moorman told ABC affiliate Denver 7. "And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."

I always understood it to mean a timeframe and radius around their home. From Midnight Saturday to Sunday a.m.. JMO MOO
 
  • #693
Although it has never been revealed that he has been officially diagnosed, his behavior leads me to believe the only person he's ever really loved, is himself. Everything in life has been there by his doing to ultimately serve his needs and goals, everything. Yes, this even includes his children sadly. Their appearance reflects on him, their grades, the girls like-ability, popularity etc. It sounds cold but i've been around this type before. They leave a wake and never look back.

BM Goals:

Image
power
money (see above two)
ego
status
career

It's all about what others think. His ego has an insatiable appetite.

Poor Suzanne wasn't serving his needs anymore.
So true! He even uses his own children! Such a pathetic, soulless, shallow man. How can he claim to love them when he murdered their loving mother and continues to deceive them and take advantage of their love? He is so jealous of Suzanne’s family he even wants to deprive his daughters of THEIR love, the very family they should be able to turn to now for support to help and guide them through this nightmare. If he had any soul at ALL, he would admit to what he has done and allow his children and Suzanne’s family the right to give Suzanne the burial and honour she deserves and afford them a small measure of peace. Maybe I should write him a letter, however, I doubt anything would prick his conscience.
 
  • #694
The Interview Room, the discussion is about reaching out to others who may be in a difficult domestics situation and need help.
CM says to TO (SM’s st brother)
“The evidence is going to be pretty clear here, she (SM) was laying the foundation of a “lifeline”. We’re going to let that play out in a court of law.”

TO shakes his head in agreement.
About 53:15 mark

The most dangerous time for a women in an abusive relationship is when she is leaving.
MOO
 
  • #695
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.
.
Fantastic mind, 10ofRods!

mens rea
"It means that there is evidence of guilt in the mind of the defendant."

How about the jury's reaction when they're shown this jewel written by the wily male while searching the rubbish bin at Poncha Springs Market? He forgot to leave a phone number in case someone recognized Suzanne from the details left in his note.

‘People don’t know the truth’: Suzanne Morphew’s husband breaks silence after three months | FOX21 News Colorado
>< a store manager at the market and watched Barry on May 12th around 8 p.m. write the note on the back of a receipt.

“He went to write down a description of maybe what she was wearing,” [redacted] said. “I just thought it was weird because he didn’t explain the color of her eyes were or her hair or anything about her like how tall she was or anything.”

WS Suzanne Note BM left at Poncha Spring Market.png

.
 
  • #696
Has anyone ever determined which 3½ hour window Andy is speaking of? When did that 3½ hour window start?

I am not finding any further detail about it in my searches.

"And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."
https://www.thedenverchannel.com/ne...arrives-in-colorado-ahead-of-volunteer-search

Maybe we need to wait, because he knows something that we don't know? Perhaps 3½ hours where BM had his phone turned off? In which case, we likely wouldn't know yet.


My guess is that it was somewhere between 11pm-4am, on March 9th/10th, from the time that the noise was allegedly heard at the construction site (11pm) until BM called MG at 4am to discuss getting a crew together for the Salida job.
 
  • #697
Has anyone ever determined which 3½ hour window Andy is speaking of? When did that 3½ hour window start?

I am not finding any further detail about it in my searches.

"And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."
https://www.thedenverchannel.com/ne...arrives-in-colorado-ahead-of-volunteer-search

Maybe we need to wait, because he knows something that we don't know? Perhaps 3½ hours where BM had his phone turned off? In which case, we likely wouldn't know yet.
Has anyone ever determined which 3½ hour window Andy is speaking of? When did that 3½ hour window start?

I am not finding any further detail about it in my searches.

"And she was hidden within a three-and-a-half-hour window. So that — I can draw a circle on that and tell you she's within that circle. And that's what I know happened."
https://www.thedenverchannel.com/ne...arrives-in-colorado-ahead-of-volunteer-search

Maybe we need to wait, because he knows something that we don't know? Perhaps 3½ hours where BM had his phone turned off? In which case, we likely wouldn't know yet.


Andy says here.
He also says something I hadn't heard before, that he wasn't where he was supposed to be at some time.

At 6:00 minutes talks briefly about the timeline not being right on Sunday morning.

‘I’m afraid this is domestic abuse’; Suzanne Morhpew’s brother says husband not participating in search, carrying shotgun to keep people off property | FOX31 Denver
 
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  • #698
While I agree with the synopsis of BM's mean mistreating ways and, perhaps, there was a lack of love; however, due to the texts to MM, I feel that there's a particular reason BM killed her that awful weekend. Maybe he was against the wall and only she could save him.

Perhaps the harbinger pertained to her unwillingness to sign a legal document that would serve him beneficially in some fashion. BM felt he deserved something that only she could provide. Maybe her refusal was met with a short rifle because Barry did things his unscrupulous way.

Whatever the immediate cause was for BM, Suzanne had foreshadowing of her demise.
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I will agree the motivation was financial, but I think it had been brewing for some time and had reached critical mass. I feel the impending sale of the IN property was going to reveal a major financial shortfall, perhaps a large Line of Credit (maxed out) secured against the property that needed to be satisfied upon sale that Suzanne was unaware of. Add to that, Barry’s willingness to defraud the government by applying for a loan he was not entitled to, likely gave Suzanne concern if she found out or perhaps she would also be implicated in the fraud as an “officer” of the business LLC. MM made a remark about “living within one’s means.” Perhaps Suzanne had come to terms with the fact that BM had been putting on a show and had them living BEYOND what they could truly afford all the while working day and night, or so he said. We also have no idea what kind of insurance coverage they had for her cancer treatments. Add to that a daughter in college, living away from home, a business that may not have taken off in CO, fancy house, fancy cars, fancy clothes, fancy vacations. Fancy that! Just a whole lot of money being spent with only one income. According to MM, the relationship had been in decline for a few years. Financial stress will do that especially if one partner is unwilling to face up to the impending disaster.

Those “happy” pics all over social media that made their way into MSM were a few years old. That alone speaks volumes. The AA will too. I suspect SM was done with the marriage and so was BM only he wasn’t willing to give up what he could still take from Suzanne, her money, and to do that he decided he needed to take her life. Sick. The love of money, is the root of all evil. Barry loves money, and was willing to murder to get it.

All MOO.
 
  • #699
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?[/QUOTE
 
  • #700
I don’t think that BM will ever regret killing SM, he has justified that in his mind. His only real regret is that he was caught.
 
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