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

[TKG]

Was the offense Barry is charged with committed before capital punishment was abolished? Would he be grandfathered in with that?

I considered this as well. My understanding is that capital punishment was not in place when the crime took place. Furthermore, I don’t know if it would be date of crime or date of conviction. Any attorneys know? MOO is that death penalty is not an option here for sentencing but if it were, would they go by date of crime or date of conviction?

“In 2020, Colorado abolished the death penalty. The bill passed the Senate by a 19-13 vote on January 30, and the House by a 38-27 vote on February 26. Governor Jared Polis signed the bill into law on March 23, 2020 and commuted the sentences of the three prisoners on the state’s death row.”

https://optimise2.assets-servd.host...1611259000&s=abccc07b06e35b318d0194ca4eefd29e

 

[Boxer]

KK being out of jail right now. When that news broke, I commented does the DA have egg on their face right now or are her attorney(s) that good? IMO

Aiding and abetting is gross and criminal, but putting the murderer in prison is the first priority.

 

[FromGermany1]

I'm confused about the misdemeanor assault.

On Indiana case records for "Barry Morphew," there is one 2009 case between the State and BM, identified as an "infraction," that involves a CCS (... a criminal complaint and summons?... originally filed in Lawrence county) that was converted to an infraction and then dismissed. The summary information on the case records indicates you have to refer to the original CCS to see the original charge. Is that what you are referring to? Was that misdemeanor assault?

I'm also mystified why BM was not charged in the violent altercation that mason contractor, John Schmitz has reported occurred in May 2018. According to Schmitz, BM showed up 3 days early at the job site and started bullying Schimtz's workers to get out of his way and when Schmitz intervened to protect them, he and BM got into a physical fight. That assault appears on Schmitz's case records, but not BM's.

bbm

Did he need some sort of alibi already in 2018, if he showed up too early?

 

[CGray123]

My understanding is offense was committed after death penalty was abolished in Colorado
Snipped from Article:
“On March 23, 2020, Colorado became the 22nd U.S. state to abolish the death penalty.
Colorado’s new law applies to cases criminally charged on or after July 1, 2020, creating the possibility that new death sentences could still be imposed in pending capital cases in Adams and El Paso counties.”
Colorado Becomes 22nd State to Abolish Death Penalty | Death Penalty Information Center

This is good information, @Error505! Thank you! I guess I'm more inclined to believe the judge will consider a bail request, and BM may be able to present an argument based on the statute. If the prosecutor can present evidence BM was preparing to flee the state when he was arrested, my guess is bail will NOT be granted.

Lawyers have told me that I can read statutes and regulations all I want, but without experience I can't really KNOW how it will be applied in individual circumstances. Judges have a lot of discretion, and appeals based on abuse of discretion rarely succeed. Even attorneys with knowledge and experience say they can't definitively predict how a judge will rule.

So, I respect the various views posted here by others. They are worth considering. I only hope what I post will shed a little light, raise issues for discussion, and produce the kind of followup that your post exemplifies. That seems to be a strength of WS, from what I have seen.

 

[FromGermany1]

RSBM
MOO CM is indeed laying a "foundation" and admits he wants to get ahead of what may be presented by the defense

40:58 the reason I want to talk about him
41:00 quite frankly so much
41:02 is because I know where the defense is
41:05 going to go here
41:06 they're going to paint him as the victim

You can hear the angst and anger in Thomas Owen's reaction. Then at
41:19 Chris Again...they're gonna paint that
41:21 you know his childhood potentially and
41:23 what I want to do is get ahead of it

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Where can I read about BM's childhood? I missed that unfortunately.

 

[Seattle1]

Where can I read about BM's childhood? I missed that unfortunately.

No reports in MSM that I'm aware of. I believe there's only hearsay and speculation by YT host CM.

 

[Puzzles]

"...Oh, what a tangled web we weave,
When first we practise to deceive!..."

Sir Walter Scott, Marmion.

 

[CGray123]

About his right to be considered for bail, I think it is possible, as the other day I replied to Seattle and showed a case where a man was charged in CO for murder 1 of his son. However, I agree with what Seattle said in response, and the two cases are very different. Still, I only posted the article to show that it is possible. With BM having a few other charges going along with his M1 charge and the heinous nature of the crime, I do not believe he will be granted bail. I think his attorneys will try for it but I don’t think the judge will go for it. Not with an ankle monitor or giving up his passport either.

Imo, jmo

I tend to agree. Facing the prospect of spending the rest of life in prison would certainly get me thinking about looking for a condo in Costa Rica, even if I had to get smuggled in as a "refugee". In addition to potential flight risk, the judge has to consider the safety of witnesses and the community, including the Morphew daughters. If BM is released and lives with them, I do fear for their lives. MOO.

 

[10ofRods]

Yep, I pointed that out way back when, when it was first reported.
I do think BM thought no one would see him because the store was closed.


I'm glad I asked the "what do you all think Barry was really doing" question because some of y'all have shared some really interesting ideas. What makes the most sense to me is the suggestion someone made (sorry, I forgot who) was that he was hoping to snag a receipt from a few days prior to "prove" he was somewhere other than where investigators suspected he was. I mean, if he went to the lengths he did for the Broomfield alibi, and I 100% believe that's what that was, then rifling through the trash at a convience store after hours, is really not a big deal.

jmo

Then why did he knock on the window, which is what LS reported that the store owner said?

 

[MsBetsy]

Where can I read about BM's childhood? I missed that unfortunately.

Suzanne's stepbrother spoke a little about them growing up together in his interview with Chris.

 

[swedeheart]

Where can I read about BM's childhood? I missed that unfortunately.

This has some great info.

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[Error505]

I considered this as well. My understanding is that capital punishment was not in place when the crime took place. Furthermore, I don’t know if it would be date of crime or date of conviction. Any attorneys know? MOO is that death penalty is not an option here for sentencing but if it were, would they go by date of crime or date of conviction?

“In 2020, Colorado abolished the death penalty. The bill passed the Senate by a 19-13 vote on January 30, and the House by a 38-27 vote on February 26. Governor Jared Polis signed the bill into law on March 23, 2020 and commuted the sentences of the three prisoners on the state’s death row.”

https://optimise2.assets-servd.host...1611259000&s=abccc07b06e35b318d0194ca4eefd29e

My post #845 on this thread
CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #59 *ARREST*
My understanding is offense was committed after death penalty was abolished in Colorado.

Snipped from Article:

“On March 23, 2020, Colorado became the 22nd U.S. state to abolish the death penalty.

Colorado’s new law applies to cases criminally charged on or after July 1, 2020, creating the possibility that new death sentences could still be imposed in pending capital cases in Adams and El Paso counties.”

Colorado Becomes 22nd State to Abolish Death Penalty | Death Penalty Information Center
EBM to include link

 

[Observer33]

I don't think there is any chance BM will be released on bail/bond. Ain't no way. I think his recent Mexican vacation may be a big strike against that. Wife missing? No problem, jet off to sunny Mexico. On trial for her murder? Outta here, adios.

I wonder if his new attorneys will attempt to prevent the release of the AA. I would imagine they will, but I don't think they'll be able to prevent it. What legal basis could they use for keeping it under wraps?

I'm very curious as to what approach they will take in defending BM. Are we going to see the Bushy-Haired Stranger defense?

Could have hid cash in Mexico under a pseudonym to help him if he needed to disappear.

 

[CGray123]

The moderators kindly pointed out the rule that links must be provided for citations to the law, and deleted the offending posts. Sorry!

WSers seemed to end up with a pretty good grasp of the Colorado rules on bail eligibility and criteria, but just in case there may be additional questions and/or interest in further analysis, here are links to:

The Colorado Constitution (see Article II, Section 19 for restrictions on the right to bail),

The statute defining bailable offenses,

The statute describing the criteria used in setting bail.

 

[Dre]

Sounds like he could still be seen as committing a capital offense, without receiving capital punishment, thus they might have a solid argument to not grant him bail. Moo


“each state determines whether to practice capital punishment and what offences are capital crimes, but first degree murder is a capital offence in all states. Presently, 32 states have a law permitting capital punishment, but it is not practiced in more than half of them.

https://ndla.no/subject:39/topic:e3ad38fc-f144-4ed4-8f3b-8978e11b0eb2/resource:1:55468

 

[Auntie Cipation]

Yep, I pointed that out way back when, when it was first reported.
I do think BM thought no one would see him because the store was closed.


I'm glad I asked the "what do you all think Barry was really doing" question because some of y'all have shared some really interesting ideas. What makes the most sense to me is the suggestion someone made (sorry, I forgot who) was that he was hoping to snag a receipt from a few days prior to "prove" he was somewhere other than where investigators suspected he was. I mean, if he went to the lengths he did for the Broomfield alibi, and I 100% believe that's what that was, then rifling through the trash at a convience store after hours, is really not a big deal.

jmo

I've expressed this before here, but given that BM's garbage search at Poncha Market occurred AFTER AM's search team conducted their search of the trail north of Hwy 50 and BEFORE the "personal item of SM's" (believed to be the helmet) was found in that same area, I suspect that BM was looking for a receipt for something purchased related to cleanup of that helmet (a bottle of 409 cleaner or something) or removal of fingerprints from that helmet (disposable gloves and a rag) before it was planted where it was found.

My guess is that BM or a friend of BM's picked up that cleaner/pair of disposable gloves/rag and paid for them with a debit card and tossed the receipt in that trash bin on the way out of the store. Thinking about it later, BM realized that disposing of that receipt there created a potential link to him and wanted to retrieve that receipt to prevent LE getting their hands on it and making that connection. He waited until the store closed because he didn't expect that he would be seen. Error upon error.

It just doesn't make sense to me that he would be looking for something in that bin that would have been placed there earlier than that same day. It seems likely that trash bin is emptied daily and the bag put in the nearby dumpster and he wanted to time his trip to retrieve the receipt before the bag got moved.

Here's a potential scenario. Let's say that Saturday afternoon is when BM "did the mechanical thing" to the Bobcat -- swapping attachments or whatever it was.

But he claimed, to LE and others, that he and Suzanne were at the Poncha Market at that time -- thus putting that rumor into circulation.

Then, when LE asked for some proof and/or pointed out some other problem with his claim, he goes to search for a receipt, as others have mentioned, that he thinks will support his alibi.

As for @Diddian 's comment about the trash bin being emptied into the dumpster daily, that does seem reasonable but I wouldn't assume BM to be aware of that, so it wouldn't stop him from searching.

And he apparently didn't find a suitable receipt (at least in my speculative scenario) because he ended up admitting to the media that he had "forgotten what time he did the mechanical thing" which to me implies that he had to concede that point to LE and abandon that bit of alibi.

For example, if LE had other evidence proving when he did the mechanical thing -- like maybe a witness saw him working on the machine or buying gear oil or driving past with the Cat on the trailer -- and BM had to accept that they now know that he did the mechanical thing at X time and wasn't at the market with Suzanne at that time like he had claimed.

All MOO

 

[Error505]

The moderators kindly pointed out the rule that links must be provided for citations to the law, and deleted the offending posts. Sorry!

WSers seemed to end up with a pretty good grasp of the Colorado rules on bail eligibility and criteria, but just in case there may be additional questions and/or interest in further analysis, here are links to:

The Colorado Constitution (see Article II, Section 19 for restrictions on the right to bail),

The statute defining bailable offenses,

The statute describing the criteria used in setting bail.

BBM for focus. It happens to most everyone at some point if you’re posting. No harm done. You’re definitely adding to the conversation. Thank you

 

[SouthAussie]

BM is back in court this coming Thursday. Perhaps we will hear that bail has been denied after that.


He entered the courtroom in the Chaffee County Courthouse in Salida for an advisement and bond hearing Thursday at 10:30 a.m.
Barry's next court date is set for May 27 at 4 p.m.
https://www.thedenverchannel.com/ne...y-after-murder-charge-in-suzanne-morphew-case

 

[LaineyJ]

I considered this as well. My understanding is that capital punishment was not in place when the crime took place. Furthermore, I don’t know if it would be date of crime or date of conviction. Any attorneys know? MOO is that death penalty is not an option here for sentencing but if it were, would they go by date of crime or date of conviction?

“In 2020, Colorado abolished the death penalty. The bill passed the Senate by a 19-13 vote on January 30, and the House by a 38-27 vote on February 26. Governor Jared Polis signed the bill into law on March 23, 2020 and commuted the sentences of the three prisoners on the state’s death row.”

https://optimise2.assets-servd.host...1611259000&s=abccc07b06e35b318d0194ca4eefd29e

if the governor commuted the sentences of those on death row, assuming those 3 were the only ones?, I’m thinking it is not very likely they are ever going to seek the penalty for anyone in the future in CO.

 

[LaineyJ]

This is good information, @Error505! Thank you! I guess I'm more inclined to believe the judge will consider a bail request, and BM may be able to present an argument based on the statute. If the prosecutor can present evidence BM was preparing to flee the state when he was arrested, my guess is bail will NOT be granted.

Lawyers have told me that I can read statutes and regulations all I want, but without experience I can't really KNOW how it will be applied in individual circumstances. Judges have a lot of discretion, and appeals based on abuse of discretion rarely succeed. Even attorneys with knowledge and experience say they can't definitively predict how a judge will rule.

So, I respect the various views posted here by others. They are worth considering. I only hope what I post will shed a little light, raise issues for discussion, and produce the kind of followup that your post exemplifies. That seems to be a strength of WS, from what I have seen.

bbm
Have had the same experience. Discouraged at times, I have wondered why I bothered and read up on everything in the first place. Sometimes what you think you know, what you believe (will happen) and what actually happens, are never the same thing. Or maybe most of the time instead of just sometimes. In general, a judge’s discretion or even a prosecutor’s can cause things to go on a different path than one expected/hoped.

fortunately, I personally don’t think any of that will make a better way for BM in this case.

of course, imo, jmo