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

[Boxer]

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.

Agree. I think he is still enraged that MOO she would not cash out Puma Path.
MOO I believe he killed her to get the equity, because in his mind, husband's own their wives assets.

 

[Ninja Bunny]

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?

That’s how bad people think, “I can cheat because everyone else cheats.” No, Barry, everyone doesn’t cheat, most people don’t.

 

[PaulaDC]

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

He sure lives a "secret" life with all this stuff going on. Deer breeder, bobcat tracker.....moo

 

[SouthAussie]

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

Thanks everyone for their thoughts on the missing 3½ hours.
Things are quite vague at the moment. So much that we don't know.


Yes, at 6:00 in this ^^^ video "The chlorine smell in the hotel room is not right. Some of the timing factors of that evening and morning are not correct. And that's supicious to me."

 

[kkdj]

That’s how bad people think, “I can cheat because everyone else cheats.” No, Barry, everyone doesn’t cheat, most people don’t.

It's a mindset. But if everyone thinks like that it cancels out votes.
But bottom line is he's an idiot in so many ways!

 

[Scootie98]

not a single thermos cooler on the property when the house was searched. Not one. This hunter/fisherman/outdoorsman/landscaper....and not a single cooler was found by authorities when they searched. How is that possible, given this individual's lifestyle?

 

[Scootie98]

We also know for certain that Suzanne's husband has been arrested for her murder.

we also know that while she as actively communicating by text to a friend for the upcoming wedding plans on Saturday....her phone suddenly went dark and stayed that way. We also know someone signed into her facebook account around midnight and attempted to friend some of Andy's male acquaintences...not Barry's...just Andy's, back in Indiana.

 

[Scootie98]

The coolers suggest two scenarios to me: First of course, the most obvious and troubling...they were used to transport body parts. However, Barry would need to remove towels and blankets if blood were present....how to remove? Sure, plastic bags are one option. But, Barry is routinely toting coolers around, either professionally or with his hobbies. That could be his first instincts to get evidence out of the house and off the property without leaving traces for luminol. More than one use for the coolers.

 

[MsBetsy]

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.

Yes, we've been speculating about that timeframe ever since he first made that statement. At one point he also said that Suzanne's phone was dead at a certain time. I thought he said it was 7:00 am but I don't remember if he said it was Saturday or Sunday. I'm hoping someone will remember.

Anyway, I think the 3 1/2 window must be based on his phone or GPS information, and it was at some point Sunday morning. Andy said that Barry's timeline didn't match up to the GPS data, and he wasn't where he said he was.

I've always thought he disposed of the body on his way to Denver, before he got to the jobsite or the hotel.

Imo

 

[TIGER0822]

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.

not a single thermos cooler on the property when the house was searched. Not one. This hunter/fisherman/outdoorsman/landscaper....and not a single cooler was found by authorities when they searched. How is that possible, given this individual's lifestyle?

This is bizzare, even accounting for his apparently horrendous deed I wondered if they missed some or BM stored some at a friend’s cabin.

 

[FromGermany1]

.
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.”

View attachment 298119
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He couldn't leave a phone number, as he was afaik still the "husband" without a name.

 

[MsBetsy]

That’s how bad people think, “I can cheat because everyone else cheats.” No, Barry, everyone doesn’t cheat, most people don’t.

His voting for her also shows that he knew she was dead. At that point LE was still saying there was no evidence that she was deceased and their main priority was finding Suzanne.

Most people would hang on to hope that their loved one was alive until a body is found or the evidence proves otherwise.

 

[Hoss569]

not a single thermos cooler on the property when the house was searched. Not one. This hunter/fisherman/outdoorsman/landscaper....and not a single cooler was found by authorities when they searched. How is that possible, given this individual's lifestyle?

This is a really odd bit of evidence or notation. I wonder if their were any ice packs or frozen ice alternatives at the house. That area is and isn't rural, but if you are price / quality conscious about food and like to have a variety, it wouldn't be uncommon to keep different sizes of coolers for grocery shopping when in bigger towns(Denver / Pueblo). For instance, closest Costco is a solid 2 hour drive in Colorado Springs.

 

[Ontario Mom]

For those of us who believe BM killed Suzanne sometime Saturday night and disposed of her sometime overnight into the morning hours, before acting out the Broomfield part of his alibi...

What the heck was he really doing digging through the trash can in front of the Poncha Market, after hours, on the Tuesday following? We know he wasn't looking for her, since he knew exactly where she was. Was he checking to see if evidence he'd stashed there, had been located? I wonder what you all think he was really doing there.

 

[Error505]

.
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.”

View attachment 298119
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“Mens Rea” I just need to say to @10ofRods thank you for your contributions explaining these legal concepts since there are several of us who don’t have the education/experience to possess your knowledge. Your posts are always educational and explanatory.
Following up with your post @DeDee the husband only described the “items” to look for, but left out the most important description, one of his dear “missing” wife! Of course, he was only interested in making sure someone found the helmet to further his lies about the bike ride, not finding his wife.
mens rea - guilty mind
‘People don’t know the truth’: Suzanne Morphew’s husband breaks silence after three months | FOX21 News Colorado
EBM to quote post of @DeDee

 

[Error505]

For those of us who believe BM killed Suzanne sometime Saturday night and disposed of her sometime overnight into the morning hours, before acting out the Broomfield part of his alibi...

What the heck was he really doing digging through the trash can in front of the Poncha Market, after hours, on the Tuesday following? We know he wasn't looking for her, since he knew exactly where he was. Was he checking to see if evidence he'd stashed there, had been located? I wonder what you all think he was really doing there.

I’ve thought about the reason for this specific trip of BM to Poncha Market quite a bit. He was a “regular” there, the manager recognized him iirc. I think he may have been looking for a receipt he had previously tossed (carelessly) in the trash, maybe one for “chlorine” he had purchased a few days prior. I don’t think he was getting rid of “evidence”. There’s easier, less conspicuous ways to do that. It’ll be interesting for these puzzle pieces to come together.

 

[EggSalad]

For those of us who believe BM killed Suzanne sometime Saturday night and disposed of her sometime overnight into the morning hours, before acting out the Broomfield part of his alibi...

What the heck was he really doing digging through the trash can in front of the Poncha Market, after hours, on the Tuesday following? We know he wasn't looking for her, since he knew exactly where she was. Was he checking to see if evidence he'd stashed there, had been located? I wonder what you all think he was really doing there.

It seems like there could be two scenarios. An interesting note about Poncha Market is that it’s a known hub for mountain bikers and a common place to leave a car so that it’s down there at the descent(shuttle takes you up). So there is some relation to BM’s fake mountain biking scenario.

https://www.ponchamarket.com/blank-page-1

1. He was looking for evidence that he planted. Or maybe was wondering if the bike helmet (and possibly jersey) he planted had been found and thrown away.

2. He was intentionally wanting to be seen so he could leave the note about the helmet and jersey.

But whatever he was doing, based on the note he left, his mind was on the additional planted evidence. Because he didn’t mention anything about what his wife looked like. And we know the helmet was found. It makes me think biking clothing was also found and hasn’t been disclosed yet.

I think the helmet was found on that Thursday. So whatever BM was doing was to further his fake bide ride scenario and the planted evidence.

 

[EggSalad]

I’ve thought about the reason for this specific trip of BM to Poncha Market quite a bit. He was a “regular” there, the manager recognized him iirc. I think he may have been looking for a receipt he had previously tossed (carelessly) in the trash, maybe one for “chlorine” he had purchased a few days prior. I don’t think he was getting rid of “evidence”. There’s easier, less conspicuous ways to do that. It’ll be interesting for these puzzle pieces to come together.

I don’t think you could buy bulk chlorine at a shop like that.

Maybe Poncha is the site of the infamous 4pm Saturday sandwich purchase and BM was looking for that receipt to some how prove his innocence?

 

[CGray123]

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

I believe "Felony Murder" is a separate, alternative First Degree Murder charge from First Degree Murder After Deliberation. BM is not currently facing a Felony Murder charge IMO, so this rule does not apply.

I could be wrong of course - check out the First Degree Murder statute and compare subsection (1)(a) and (1)(b).

I found an interesting article - it appears Colorado may reduce the sentence associated with Felony Murder.

 

[GatorFL]

not a single thermos cooler on the property when the house was searched. Not one. This hunter/fisherman/outdoorsman/landscaper....and not a single cooler was found by authorities when they searched. How is that possible, given this individual's lifestyle?

Outdated technology. Water bladders are bigger and easier to use. Other than an occasional HydroFlask I don't see very many thermoses anymore.