Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*

[Observer33]

Why didn't Watts get bail? Is the drawing line because he had already confessed to one "killing"? (But, he had an (imaginary) excuse that he killed her to possibly protect Cece.) Yeah I know it wasn't true, but I don't see why BM should get bail if Watts didn't. Honest question, do only murder suspects professing innocence possibly get bail? I'd have to say I hope he doesn't get it.

Maybe he'll lose his temper and start in a fight in the meantime, making it harder.

shouldn't the fact that he was on the brink of leaving the state count for something re bail?

I don't know that Watts tried to get bail. No one knows for sure if BM was on the brink of leaving the state. Secondly, until he was arrested he was free to go where ever he wanted. He could have moved to Arizona or back to Indiana. Colorado would have just extradited him back. If he ran to Mexico, he would have been found. Now that he is charged his flight risk would be something the judge would evaluate when making a decision on his bail application.

 

[LietKynes]

Barry's going to have to humble himself as far as the defense lawyers go.
Sure, everything's all rosy now in the beginning.

But wait until Nielsen and Eytan have a disagreement with their client if he doesn't like how the trial is proceeding ?
Or if there's a falling out before the case goes to trial ?

He may fire them and try to act as his own council, or be stuck with a court appointed lawyer who is ill-prepared.
I can imagine there are many difficult days ahead for the perp.
What a shame.
Imo.

 

[Momofthreeboys]

@Momofthreeboys - I was not able to listen to the hearing yesterday either but I did listen to Scott Reisch from Crime Talk do a blow by blow of what was happening in court. He said what the defense was asking for ie preservation of evidence, was all standard and already outlined in Co rule #16. ANd that they were pushing th elimits to test the judge by going point by point etc. So, I kinda agree with you that the IF is implied. If there is biological evidence it will be preserved and shared with the defense. However if you watch the Interview Room with Chris he felt that there was an affirmation of bioogical evidence somehow just by the defense asking that question. Maybe biological evidence is mentioned in the AA we don't know. But because the defense asked to have all biological evidence preserved, to me , is not proof positive that any exists. Maybe somebody else on this thread has definitive info that it does exist?

I think if you watch a defense attorney like Scott and then a cop like Chris it shows the two perspectives. It is rather interesting. Both heard the exact same thing and theoretically have the same information. It is what makes trials interesting.

 

[clearskies1]

I don't believe there will be any consideration for flight risk because, by Statute, BM really isn't eligible for bail release -- not to be confused with all defendants having a right to a bail hearing.

IMO, this is what we should expect for the August 9, 10, preliminary/PEPG hearing:

(3) In any capital case, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon such motion.  

At such hearing, the burden shall be upon the people to establish that the proof is evident or that the presumption is great.  The court may combine in a single hearing the questions as to whether the proof is evident or the presumption great with the determination of the existence of probable cause to believe that the defendant committed the crime charged.

In other words, establishing the existence of probable cause will end the bail question once and for all.

One of the reasons BM's defense asked to get the voter fraud charges on the calendar (later Aug after preliminary/proof evident, presumption great) was to preserve any rights BM might have to bail for a charge which is a bailable offense. They are being thorough in event of a fluke with his murder complaint.

Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101. Bailable offenses--definitions
Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

Since Colorado abolished the death penalty in March 2020, I'm wondering how this bail statute is interpreted. It seems there are no capital cases any more... JMO.

 

[Momofthreeboys]

@Momofthreeboys - I was not able to listen to the hearing yesterday either but I did listen to Scott Reisch from Crime Talk do a blow by blow of what was happening in court. He said what the defense was asking for ie preservation of evidence, was all standard and already outlined in Co rule #16. ANd that they were pushing th elimits to test the judge by going point by point etc. So, I kinda agree with you that the IF is implied. If there is biological evidence it will be preserved and shared with the defense. However if you watch the Interview Room with Chris he felt that there was an affirmation of bioogical evidence somehow just by the defense asking that question. Maybe biological evidence is mentioned in the AA we don't know. But because the defense asked to have all biological evidence preserved, to me , is not proof positive that any exists. Maybe somebody else on this thread has definitive info that it does exist?

I think if you watch a defense attorney like Scott and then a cop like Chris it shows the two perspectives. It is rather interesting. Both heard the exact same thing and theoretically have the same information. It is what makes trials interesting.

Re the August 9 hearing -- it is for 1) a preliminary hearing for the judge to decide if there's enough evidence to proceed to trial; and 2) "proof evident/presumption great"-- this is the issue of whether bail should be denied if "the court finds the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail."

Suzanne Morphew Murder: Husband Barry Morphew Appears in Court

Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

I don’t think the public is at peril in any way but the prosecutors probably have a decent argument on flight risk.

 

[Momofthreeboys]

I don’t think Barry is getting out on bail, and I think it would be disastrous for him to testify. Not going to happen. He does not take direction well, and the risk would be far too much. I have no idea how strong the prosecution’s case is, but I imagine that his defense might be that LE mishandled evidence from the moment they pulled up that bicycle and have focused on Barry and no one else. I think this will be about poking holes in the case instead of proving Barry’s innocence. I’m sure the defense will fight tooth and nail to exclude anything that they can. It’s always upsetting when you hear a juror state that they would have voted differently if they had known certain things that were ruled inadmissible. This defense team may be best at finding mistakes and capitalizing on them.

Why do you think he doesn’t take direction well? I think most people that grow up into adulthood and beyond are very used to taking direction from coaches, trainers etc.

 

[FromGermany1]

IMO, it has been said that they did interview two mountain lions, but the results were inconclusive.

 

[Dre]

Since Colorado abolished the death penalty in March 2020, I'm wondering how this bail statute is interpreted. It seems there are no capital cases any more... JMO.

Cases before July 2020 are subject to being grandfathered in.
As well as this, you can have a capital case and a capital offense, without having capital punishment.
Moo

 

[Cindizzi]

Kinda curious about what locations besides Colorado and Indiana this investigation led LE to. All I can think of is perhaps SM’s siblings and Father?
This is from CCSD press release of September 29, 2020:


Suzanne Morphew missing person Investigative Task Force Recap since May 10:

• 1,123 Total tips called to the designated tip line (includes hang-ups and duplicates).
• 180 Interviews conducted in Colorado, Indiana and other locations. This number does not take into account the hundreds of other contacts made between investigators and individuals as part of this case since May.
• 130+ Searches conducted (including warrants, which remained sealed at this time)
• 4,000+ Hours spent by Task Force investigators on the case.
• http://chaffeesheriff.org/2020/09/29/suzanne-morphew-2
  
• 
  And this from May 5, 2021 the day of the arrest:
• 
  More than 70 investigators from the Chaffee County Sheriff’s Office, the Colorado Bureau of Investigation (CBI), the Federal Bureau of Investigation (FBI) and dozens of local law enforcement agency partners have provided their expertise on this case, executed more than 135 search warrants across Colorado, and have interviewed more than 400 individuals in multiple states. The team has also investigated more than 1,400 tips generated from within and outside of law enforcement.
  
• 
  Arrest made in Suzanne Morphew case - Chaffee County Sheriff
  
  
• how do I get rid of these danged bullet points

 

[SouthAussie]

Cases before July 2020 are subject to being grandfathered in.
As well as this, you can have a capital case and a capital offense, without having capital punishment.
Moo

I get what you mean ... but I think that, technically, capital cases are strictly cases where the death penalty applies?

Capital Case.

When I look at more recent Colorado definitions, 1st degree murder is defined as Homicide or Felony Murder.

 

[Ontario Mom]

I think it will be interesting to see the reasoning of mentioning the dark web at the press conference. I for one thought their could be evidence of him implicating himself or pretty damaging evidence with that comment.

I'm wondering...

1. the link to the press conference you're referring to
2. who mentioned the "dark web" you're asking about

 

[Ontario Mom]

Kinda curious about what locations besides Colorado and Indiana this investigation led LE to. All I can think of is perhaps SM’s siblings and Father?
This is from CCSD press release of September 29, 2020:


Suzanne Morphew missing person Investigative Task Force Recap since May 10:

• 1,123 Total tips called to the designated tip line (includes hang-ups and duplicates).
• 180 Interviews conducted in Colorado, Indiana and other locations. This number does not take into account the hundreds of other contacts made between investigators and individuals as part of this case since May.
• 130+ Searches conducted (including warrants, which remained sealed at this time)
• 4,000+ Hours spent by Task Force investigators on the case.
• http://chaffeesheriff.org/2020/09/29/suzanne-morphew-2
  
• 
  And this from May 5, 2021 the day of the arrest:
• 
  More than 70 investigators from the Chaffee County Sheriff’s Office, the Colorado Bureau of Investigation (CBI), the Federal Bureau of Investigation (FBI) and dozens of local law enforcement agency partners have provided their expertise on this case, executed more than 135 search warrants across Colorado, and have interviewed more than 400 individuals in multiple states. The team has also investigated more than 1,400 tips generated from within and outside of law enforcement.
  
• 
  Arrest made in Suzanne Morphew case - Chaffee County Sheriff
  
  
• how do I get rid of these danged bullet points

It's entirely possible that, after investigations & warrants into digital evidence specifically, phones, internet, mobility, apps, gps, google, etc., that some of those interviews may have taken place outside of either CO or IN.

Just speculating, of course.

 

[fighting_illini_2]

Who are then in turn in cohoots with the mountain lions. lol

 

[Brubon]

TN, MI, and SD.....would be other states where LE could possibly have interviewed MM, GM and the frightened lady BM fired after she gave her phone to LE.
So that makes 5 states very likely visited by LE

(Do everyone a favor, BM, and please own what you have done.)
MOO

 

[Seattle1]

Since Colorado abolished the death penalty in March 2020, I'm wondering how this bail statute is interpreted. It seems there are no capital cases any more... JMO.

A criminal charge punishable by death was deemed "capital" centuries ago since the defendant could lose his/her head (i.e., Latin for caput).

First-degree murder cases, either on grounds of premeditation or cases that are based on the felony-murder doctrine are generally capital cases.

Capital offenses in the United States are not punishable by death exclusively. Most states afford courts the option of imposing either the death penalty or a life sentence upon conviction. We see it all the time --public waits for the DA to announce whether or not the State will seek the death penalty or life in prison as punishment for murder.

To be clear, it's the spirit of the law that Courts apply. States that abolished the death penalty simply refrain from using the term 'death penalty case' but have not ceased using 'capital case' or stricken the term from the Statute. It doesn't follow that Colorado would be any different. MOO

 

[Hoss569]

I'm wondering...

1. the link to the press conference you're referring to
2. who mentioned the "dark web" you're asking about

I recall plenty of discussion about 28 to 30 threads ago from this release :

Suzanne Morphew case remains a priority to the Chaffee County Sheriff’s Office - Chaffee County Sheriff

 

[Ontario Mom]

I recall plenty of discussion about 28 to 30 threads ago from this release :

Suzanne Morphew case remains a priority to the Chaffee County Sheriff’s Office - Chaffee County Sheriff

Sorry, I was specifically asking what you meant by this in your post:

"I think it will be interesting to see the reasoning of mentioning the dark web at the press conference. I for one thought their could be evidence of him implicating himself or pretty damaging evidence with that comment."

IIRC, no one with LE or at a presser ever mentioned the "dark web", that came from the PE guys.

 

[Puzzles8]

Who are then in turn in cohoots with the mountain lions. lol

Leave the Mountain Lion alone, she has been cleared

 

[Hoss569]

Sorry, I was specifically asking what you meant by this in your post:

"I think it will be interesting to see the reasoning of mentioning the dark web at the press conference. I for one thought their could be evidence of him implicating himself or pretty damaging evidence with that comment."

IIRC, no one with LE or at a presser ever mentioned the "dark web", that came from the PE guys.

I believe you do recall correctly and with the overwhelming amount of information or posts regarding things the PE guys would be the ones that spurred the topics of that discussion. Thank you for the correction, I should have worded that differently.

 

[OldCop]

When LE had search warrants for the PP house did it allow them to search anywhere or were they restricted in where and what they were permitted to search?

A search warrant is specific and needs to be well thought out before being submitted to the judge. The best, simple, example to help you understand is to suppose you have a case where someone has been murdered by a shotgun blast. You know the victim is in the middle of a bitter divorce with her husband, Jim. A friend heard Jim threaten the victim. A search of records indicates that Jim has a permit for a shotgun.
You write up a search warrant to search Jim’s home for the rifle citing all the reasons why you think the murder weapon might be at Jim’s house, (probable cause), right?
No. You write up the warrant for the rifle and for shotgun shells. Why? If you only write up the warrant to search for the rifle, you can only search in an area of Jim’s house that might contain the rifle such as a closet, the garage, the basement, etc. You can not look in a small drawer because a rifle would not fit in a small drawer. If you open a small drawer and find incriminating evidence, it would not be admissible in court.
Now, if you write up the warrant to include shotgun shells, you could open a small drawer because a shotgun shell would fit in it. If you found something illegal or incriminating in the drawer now, it would be admissible in court because you had a right to search in that drawer.
This is a pretty simplistic example, but shows how important the search warrant affidavit is to a case.
Hope this answers your question, @Skigh.
Edited to add that LE will write up a search warrant as broad as possible provided they have the probable cause to cite why they could reasonably expect to find the items they are looking for.