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

[EggSalad]

This whole scenario of possibly dismembering Suzanne has never made sense to me. I can certainly see A cooler for disposal, used like a suitcase. But not several. Why would anyone do that just because they can? It would just be spreading the evidence around, expanding the crime scene and greatly increasing the chances of Suzanne being identified. DNA can be drawn from skeletal remains for years.

If that turns out to be the case, extremely macabre and serves no purpose other than vengeance IMO.

The girls returned the same night as Barry. The vehicles and house confiscated as far as I’ve read. If the girls had coolers, it would not been an issue of discussion with Andy later. Andy was in Maysville the next day helping to search. From what we know the investigators showed up in Indiana later, early July, and talked with Andy.

The fact that there wasn't A cooler I do find suspicious.

Agreed. I get the feeling that when we see the AA, we’ll learn about video footage showing BM’s truck Saturday night with a cooler in it, then footage from the Sunday drive to Broomfield and no cooler.

 

[nyvictoria]

10,000 pages of discovery is daunting.

Does anyone recall how many pages of discovery there were in the Caylee Anthony case? I remember reading thousands of pages but I’m not sure it was as many as 10,000. We saw every little scrap of paper thanks to Florida Sunshine Laws.

 

[rainbowshummingbird]

Yes the idea that she was moved etc. etc. brings up many questions for me. The only thought I had was the girls had the coolers but if the coolers play a role in the prosecutors case I am sure we will find out. I keep thinking back to Frazee. An eyewitness said he burned the body although she never saw the body but I still think he burned evidence and the body is buried since he had access to excavators and the ranch land was so remote no one would have seen or heard anything. But without eye witness in this case makes me wonder just how they are going to tie this up as first degree.

Recently, in the state of Colorado, Donthe Lucas was found guilty of first degree murder in the death of Kelsie Schelling. There was no body. There was no DNA. There were no eyewitnesses to the murder. The prosecution focused on cell phone records and cell phone pings.

 

[Momofthreeboys]

Recently, in the state of Colorado, Donthe Lucas was found guilty of first degree murder in the death of Kelsie Schelling. There was no body. There was no DNA. There were no eyewitnesses to the murder. The prosecution focused on cell phone records and cell phone pings.

More than that they had verifiable facts that he was unhappy she was pregnant, he used her debit card and was caught on surveillance video dropping her car in a parking lot and getting picked up. That in addition to cell phone data clinched that case. That is what makes the waiting in this case tough...wondering what hard evidence they have to bolster the case since nada is known. That and which rumors and speculation are true

 

[Error505]

Does anyone recall how many pages of discovery there were in the Caylee Anthony case? I remember reading thousands of pages but I’m not sure it was as many as 10,000. We saw every little scrap of paper thanks to Florida Sunshine Laws.

Caylee Anthony had 20,000 pages, more added later from a lawsuit.

Letecia Stauch - District Attorney Michael Allen said roughly 30,000 pages of discovery in the case, stemming from the investigation.
Letecia Stauch will defend herself at murder trial, now what? - KRDO
EBM

 

[fcavanaugh]

IMO, the premiere LE agencies involved and DA Stanley did not arrest and charge BM with M1 after deliberation based on no more than a feeling and/or that they just ‘know’ Suzanne is deceased and BM is responsible, and/or have weak evidence to such. This is a no body homicide case and imo, there is no way in he!!, they’d have arrested and charged BM with M1 after deliberation if they had weak or zero evidence to prove Suzanne is deceased and weak or zero evidence that BM is responsible perpetrator.
IMO, it’s logical and reasonable to assume the state is confident they have enough compelling evidence to secure a conviction. It is my opinion they have compelling circumstantial evidence and some compelling forensic evidence as well. Doesn’t necessarily mean if this case eventually goes to trial, the state is guaranteed to get a conviction. There is no crystal ball and no guarantees, as the defense only needs to convince one juror reasonable doubt exists, and guilty as he!! people have walked free post trial in the past, OJ Simpson, Casey Anthony, just to name a couple off the top of my head. I believe it’s more rare that this happens and various reasons why, but for the most part, more often than not, imo, most juries get it right in the end, perpetrator held accountable and convicted accordingly. With the CBI and FBI part of the LE task force in this particular case, there is no doubt for me, the DA is confident they have everything they need and have apprehended the correct individual responsible, who currently sits in a “cage” in the Chaffee County jail, pondering his fate.

Like everyone else, I’m anxious to read the 129 page!! AA, which IMO, will not only reveal why LE/DA have enough compelling evidence to prove Suzanne is deceased and prove BM is the responsible perpetrator, expect potential horrifying details to be revealed as well. IMO, in lieu of a confession or a plea down to lesser.charges/sentence in exchange for SM’s remains, this case is headed to trial, likely 1-2 years down the road.

At a future trial, the burden of proof is on the state to prove BARD that Suzanne Morphew is deceased and the defendant, BM, is the perpetrator/person responsible, and a matter of BM’s attorneys ensuring that he has adequate representation and receives a fair trial as is his right per the U.S. Constitution.
IMO, because of state’s strong, compelling evidence, defense will not be able to claim Suzanne is still alive and took off of her own volition to live a new life, or that Suzanne committed suicide. They basically need to convince one juror to ignore state’s evidence, and imo, defense strategy at trial will be that BM is a victim of LE incompetence, LE screwed up, planted evidence, tunnel vision, framing BM etc. etc., try to discredit prosecution witnesses, and claim the ‘real’ perpetrator is still out there. And/or blame SM for her own demise, that it was an accident, that BM killed SM in Self Defense panicked and hid SM body (although I believe this scenario is more likely the excuse BM will give if he cops a plea in exchange for SM remains, that is if he didn’t dismember her and just buried her whole. Yes Imo, he would stoop as low as to throw his victim SM under the bus if he has to, just like he did with regard to paying back the 100k loan to GM). If no plea agreement in exchange for SM remains is reached and case does go to trial, I believe in the end the state’s evidence will be too hard to overcome/explain away, the jury will get it right and BM will ultimately be convicted.

As previously opined, I believe the state has plethora of compelling circumstantial evidence and forensic evidence that BM’s attorneys are currently reviewing, getting ready to review when all 10,000 pages!! of discovery are delivered to them. If after thorough review, BM’s attorneys can’t convince him to accept plea deal provided the DA is on board, IMO, at future trial they will not only attempt to paint BM a victim and try to discredit all LE involved and LE investigation, prosecution witnesses, etc., they will also try to see what evidence they can get ruled inadmissible, look for loopholes, technicalities try to set the stage for future appeal etc., and I wouldn’t be at all surprised if they claim their client can’t get a fair trial in that jurisdiction and request to have the trial moved to a different venue.

It’s important to remember there’s a higher conviction rate in no body homicide cases, vs. homicide cases with a body. There were 2 recent high profile Colorado no body cases that were successfully prosecuted resulting in convictions- Kelsey Berreth (Patrick Frazee), and Kelsie Schelling (Donthe Lucas). Link below is a good article r/t prosecution of no body cases, which also references DOJ conviction statistics of no-body vs. other murder (with body) cases.
Snipped and BBM:

“Just not having that body really makes it a difficult challenge,” DiBiase said. But it can be done and has been done successfully many times. According to DiBiase's list of 538 cases in the U.S. through March, prosecutors won convictions about 86% of the time compared with a conviction rate for all murder cases of 70%, based on Bureau of Justice Statistics.”

https://www.usnews.com/news/best-states/washington-dc/articles/2020-08-29/no-body-no-crime-difficult-but-prosecutions-happen

All of the above IMHOO.

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[CGray123]

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

Since Judge Murphy recited the words of Colorado's "capital murder exception" to a defendant's general right to bail ("proof is evident or presumption is great"), it appears that he has concluded that First Degree Murder after Deliberation is a capital offense for this purpose despite the repeal of Colorado's capital punishment law. Your reasoning offers us a clear, rational explanation how he could get there. Thank you!

Since no cases on this issue have reached an appellate court in Colorado, I wonder if BM and his team could appeal denial of bail if it is based on a finding that probable cause equals "proof is evident or presumption great" and the capital murder exception applies.

If I were a prosecutor with evidence of flight risk and danger to the community, I would present it at the hearing and ask the judge to make findings on those grounds as well. This would remove the temptation to challenge the application of the "capital murder execution" to this case.

 

[CGray123]

It seems that Jeff Lindsey, one of the prosecutors in this case, was fired from his last position in El Paso County, CO, by the elected DA. He was one of two staff who were fired ... no public reason given.

Could just be a butting of heads, or something political. Because now there are, and have been, other staff leaving - of their own volition - from working for that elected DA.


Allen also fired former Chief Deputy District Attorney Jeffrey Lindsey, who now works in Chaffee County where he is among three prosecutors assigned to the case against Barry Morphew in the disappearance of his wife, Suzanne Morphew.
Longtime El Paso County prosecutor resigns after demotion

IMO, I don't think it's a reflection on Lindsey that he was fired from a top policy making position by the new DA. He would want people he trusted personally in those positions - people who would have his back if a case proved to be controversial.

However, his appointments of major donors, political supporters, and even the "scandal-plagued" former DA of Adams County seems to have left a lot of questions in the community as to whether the office will continue the high standard of professionalism set by Dan May.

 

[Skigh]

The Managing Editor at the Denver Post says they have:

The @denverpost and 10 other Colorado news orgs have filed a motion opposing the defense's request to keep this arrest affidavit sealed — even though our attorney can't read the defense's motion because it, too, is sealed

https://twitter.com/mattsebastian/status/1398052872281939976?s=21

How much influence do the press have? Is it likely we might see the AA unsealed in the next week or so?

 

[Momofthreeboys]

IMO, the premiere LE agencies involved and DA Stanley did not arrest and charge BM with M1 after deliberation based on no more than a feeling and/or that they just ‘know’ Suzanne is deceased and BM is responsible, and/or have weak evidence to such. This is a no body homicide case and imo, there is no way in he!!, they’d have arrested and charged BM with M1 after deliberation if they had weak or zero evidence to prove Suzanne is deceased and weak or zero evidence that BM is responsible perpetrator.
IMO, it’s logical and reasonable to assume the state is confident they have enough compelling evidence to secure a conviction. It is my opinion they have compelling circumstantial evidence and some compelling forensic evidence as well. Doesn’t necessarily mean if this case eventually goes to trial, the state is guaranteed to get a conviction. There is no crystal ball and no guarantees, as the defense only needs to convince one juror reasonable doubt exists, and guilty as he!! people have walked free post trial in the past, OJ Simpson, Casey Anthony, just to name a couple off the top of my head. I believe it’s more rare that this happens and various reasons why, but for the most part, more often than not, imo, most juries get it right in the end, perpetrator held accountable and convicted accordingly. With the CBI and FBI part of the LE task force in this particular case, there is no doubt for me, the DA is confident they have everything they need and have apprehended the correct individual responsible, who currently sits in a “cage” in the Chaffee County jail, pondering his fate.

Like everyone else, I’m anxious to read the 129 page!! AA, which IMO, will not only reveal why LE/DA have enough compelling evidence to prove Suzanne is deceased and prove BM is the responsible perpetrator, expect potential horrifying details to be revealed as well. IMO, in lieu of a confession or a plea down to lesser.charges/sentence in exchange for SM’s remains, this case is headed to trial, likely 1-2 years down the road.

At a future trial, the burden of proof is on the state to prove BARD that Suzanne Morphew is deceased and the defendant, BM, is the perpetrator/person responsible, and a matter of BM’s attorneys ensuring that he has adequate representation and receives a fair trial as is his right per the U.S. Constitution.
IMO, because of state’s strong, compelling evidence, defense will not be able to claim Suzanne is still alive and took off of her own volition to live a new life, or that Suzanne committed suicide. They basically need to convince one juror to ignore state’s evidence, and imo, defense strategy at trial will be that BM is a victim of LE incompetence, LE screwed up, planted evidence, tunnel vision, framing BM etc. etc., try to discredit prosecution witnesses, and claim the ‘real’ perpetrator is still out there. And/or blame SM for her own demise, that it was an accident, that BM killed SM in Self Defense panicked and hid SM body (although I believe this scenario is more likely the excuse BM will give if he cops a plea in exchange for SM remains, that is if he didn’t dismember her and just buried her whole. Yes Imo, he would stoop as low as to throw his victim SM under the bus if he has to, just like he did with regard to paying back the 100k loan to GM). If no plea agreement in exchange for SM remains is reached and case does go to trial, I believe in the end the state’s evidence will be too hard to overcome/explain away, the jury will get it right and BM will ultimately be convicted.

As previously opined, I believe the state has plethora of compelling circumstantial evidence and forensic evidence that BM’s attorneys are currently reviewing, getting ready to review when all 10,000 pages!! of discovery are delivered to them. If after thorough review, BM’s attorneys can’t convince him to accept plea deal provided the DA is on board, IMO, at future trial they will not only attempt to paint BM a victim and try to discredit all LE involved and LE investigation, prosecution witnesses, etc., they will also try to see what evidence they can get ruled inadmissible, look for loopholes, technicalities try to set the stage for future appeal etc., and I wouldn’t be at all surprised if they claim their client can’t get a fair trial in that jurisdiction and request to have the trial moved to a different venue.

It’s important to remember there’s a higher conviction rate in no body homicide cases, vs. homicide cases with a body. There were 2 recent high profile Colorado no body cases that were successfully prosecuted resulting in convictions- Kelsey Berreth (Patrick Frazee), and Kelsie Schelling (Donthe Lucas). Link below is a good article r/t prosecution of no body cases, which also references DOJ conviction statistics of no-body vs. other murder (with body) cases.
Snipped and BBM:

“Just not having that body really makes it a difficult challenge,” DiBiase said. But it can be done and has been done successfully many times. According to DiBiase's list of 538 cases in the U.S. through March, prosecutors won convictions about 86% of the time compared with a conviction rate for all murder cases of 70%, based on Bureau of Justice Statistics.”
https://www.usnews.com/news/best-st...dy-no-crime-difficult-but-prosecutions-happen
https://www.usnews.com/news/best-st...dy-no-crime-difficult-but-prosecutions-happen

All of the above IMHOO.

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

It is good to have faith that they uncovered something tangible or received some test results back since January when the prosecutors switched. I am hopeful but perhaps not as confident. I agree the lack of body is not as important as direct evidence or witness that ties Barry to the crime or circumstantial evidence that cannot be reasonably explained.

 

[Skigh]

It is good to have faith that they uncovered something tangible or received some test results back since January when the prosecutors switched. I am hopeful but perhaps not as confident. I agree the lack of body is not as important as direct evidence or witness that ties Barry to the crime or circumstantial evidence that cannot be reasonably explained.

You appear to be very dubious about what evidence LE have .Is there a reason why you feel this or am I misreading your posts?

 

[Ontario Mom]

Recently, in the state of Colorado, Donthe Lucas was found guilty of first degree murder in the death of Kelsie Schelling. There was no body. There was no DNA. There were no eyewitnesses to the murder. The prosecution focused on cell phone records and cell phone pings.

I didn't follow KS's case, but I just have to wonder, I can't be the only one that sees Don The Lucas every time I see his name, can I?

 

[Momofthreeboys]

You appear to be very dubious about what evidence LE have .Is there a reason why you feel this or am I misreading your posts?

We have no idea what they have so absolutely wondering what they got recently that led to an arrest. Honestly I can only think of a couple cases that are quite old similar to this one given there so few facts known. We are all waiting.

 

[nyvictoria]

Caylee Anthony had 20,000 pages, more added later from a lawsuit.

Letecia Stauch - District Attorney Michael Allen said roughly 30,000 pages of discovery in the case, stemming from the investigation.
Letecia Stauch will defend herself at murder trial, now what? - KRDO
EBM

Thanks for looking that up! I thought there were a lot. I guess a lot can depend on digital data too. Cell phones, emails, messaging, etc.

 

[Boxer]

We have no idea what they have so absolutely wondering what they got recently that led to an arrest. Honestly I can only think of a couple cases that are quite old similar to this one given there so few facts known. We are all waiting.

MOO The biggest recent change would be the house being sold.

 

[Boxer]

Agreed. I get the feeling that when we see the AA, we’ll learn about video footage showing BM’s truck Saturday night with a cooler in it, then footage from the Sunday drive to Broomfield and no cooler.

Plausible.
The AA will only give a slice of the whole, enough to bring a trial.

 

[MsBetsy]

We have no idea what they have so absolutely wondering what they got recently that led to an arrest. Honestly I can only think of a couple cases that are quite old similar to this one given there so few facts known. We are all waiting.

Yes, the DA said she was confident there was enough evidence in this case, otherwise she would not have brought charges. There must be so much we don't know about, but hopefully will know soon. In every case I've followed there always seems to be so much more than we ever imagined.

 

[Skigh]

We have no idea what they have so absolutely wondering what they got recently that led to an arrest. Honestly I can only think of a couple cases that are quite old similar to this one given there so few facts known. We are all waiting.

I have also wondered if it was something they had recently found or had back from the forensics labs that precipitated the arrest or whether there was information about BM preparing to travel out of state which made LE decide to arrest him. Or had they had everything they needed except Suzanne's body and decided to give it a year trying to find her before arresting him.


Which ever scenario it is ,I am very confident they have very compelling evidence.

 

[MsBetsy]

MOO The biggest recent change would be the house being sold.

That wouldn't directly link Barry to the crime, though. I think it must either be some sort of physical evidence or incriminating statements he made to a witness, or witnesses. Imo

 

[Momofthreeboys]

That wouldn't directly link Barry to the crime, though. I think it must either be some sort of physical evidence or incriminating statements he made to a witness, or witnesses. Imo

Yes. It could easily be argued a number of plausible reasons why he sold the house. The trial will be how, when and where and only the “why” if it supports the argument and can’t be easily disproven or cause doubt.