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

[SouthAussie]

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.

Agree. DA's prefer their 'own' staff after they take office. The persons who elected the DA do so for their own reasons. And then there can be a shift in the way things are run. (I notice the article I posted mentioned the women who are leaving that office.)

I really just posted the article because I thought it was another tidbit related to this case, as Jeff was mentioned in it. Not for any other reason. Jeff and his professional acumen were certainly picked up quickly enough by another county.

 

[Boxer]

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

What I meant is, the house may have been made available to investigators by the new owners at a greater level of access than the search warrant allowed.
That it was a recent change that may have resulted in new physical evidence.

 

[kkdj]

What I meant is, the house may have been made available to investigators by the new owners at a greater level of access than the search warrant allowed.
That it was a recent change that may have resulted in new physical evidence.

Perhaps they got another search warrant to be acted upon after Barry moved out yet before the new owners moved in. Maybe a lot can be discovered in a vacant home.

 

[10ofRods]

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

But it might be included on a list of things that make him a flight risk.

 

[SouthAussie]

I am still wondering why BM was arrested at the side of the road ... with what looks like 7 law enforcement vehicles behind him.

And I am wondering what he had in the back of his vehicle. It looks like it could be rolled up carpet, to me.

I wonder if we will ever know if he was heading out of town, permanently, or if he was perhaps moving evidence and the police were waiting for this moment.

 

[tmar]

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

I am hoping BM's greed to collect MORE money, has lead towards his downfall.
?? what may have been found with house sale.

 

[Cindizzi]

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

They way I found that tweet by the Denver Post editor is because I follow the Colorado Freedom of Information Coalition on Twitter and they re-tweeted it. That leads me to believe that the Press are using the same lawyers to represent them in this case as they used in the Stauch case. Here is what they filed on 3-9-2020 regarding the unsealing of her AA:
https://www.courts.state.co.us/user...it of Probably Cause in Support of Arrest.pdf

On 3-11-202o the Defense filed a Motion objecting and on
3-13-2020 the Court filed an Order telling the Press that they MUST file a response to the objection within 14 days.

https://www.courts.state.co.us/user.../El_Paso/Stauch/O-5 Order to File a Reply.pdf

On 4-3-2020 the Court ordered the AA be unsealed.

https://www.courts.state.co.us/user...El_Paso/Stauch/O-06 - Unseal PC Affidavit.pdf

In his Order to unseal the Judge points out that the Prosecution has no objections and also that the Court finds that the Defense has shown no evidence that unsealing the AA would harm the ability of providing their client a fair trial. He even points out that the Defendant herself gave interviews with the Press.

In BM’s case the Prosecution also has no objection to unsealing.

I think the Press and their lawyers have quite a bit of sway with the Court by citing laws and rules that uphold we, the Public’s right to know.

Unlike other cases, the Court has ruled in this case against BM that not only are all Motions sealed but also all Responses are sealed. So we can’t see exactly what the back and forth argument is and what the Defense is saying their Reason is for wanting the AA to remain sealed.

It’s hard to predict how long this might take in this case. The Judge did say at the most recent hearing that he will have to decide whether to make a ruling on unsealing the AA of if a hearing should be scheduled.

IMO I hope a decision is made soon. IF the Defense is arguing that the unsealing will cause more rumors and the public will be inflamed I feel that quite the opposite is true. JMO

 

[Seattle1]

I am still wondering why BM was arrested at the side of the road ... with what looks like 7 law enforcement vehicles behind him.

And I am wondering what he had in the back of his vehicle. It looks like it could be rolled up carpet, to me.

I wonder if we will ever know if he was heading out of town, permanently, or if he was perhaps moving evidence and the police were waiting for this moment.

The arrest means/method would have been at the discretion of CCSO/CBI once handed the signed arrest warrant which commanded them to apprehend and deliver BM to appear before the Judge. I think it was reported they pulled him over as he left a strip mall (I think his gym located there). MOO

 

[Cindizzi]

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?

I’m not sure how I would have pronounced it if I only saw it written in print. But living in Colorado Springs and constantly hearing it on the news as Don-Tay I thought it would be spelled D-a-n-t-e.

 

[Murphy1950]

I am still wondering why BM was arrested at the side of the road ... with what looks like 7 law enforcement vehicles behind him.

And I am wondering what he had in the back of his vehicle. It looks like it could be rolled up carpet, to me.

RSBM
Seems like the safest/smartest thing to do considering the girls were living at the condo. God forbid he looks out the door peephole and grabs a daughter to hold hostage, or they in turn would lunge at an arresting officer. 7 vehicles...he wasn't going anywhere, done for the day.

Appears to be a carpet.

 

[Deleted member 222031]

They way I found that tweet by the Denver Post editor is because I follow the Colorado Freedom of Information Coalition on Twitter and they re-tweeted it. That leads me to believe that the Press are using the same lawyers to represent them in this case as they used in the Stauch case. Here is what they filed on 3-9-2020 regarding the unsealing of her AA:
https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/20CR1358/001/Motion to Unseal Forthwith the Affidavit of Probably Cause in Support of Arrest.pdf

On 3-11-202o the Defense filed a Motion objecting and on
3-13-2020 the Court filed an Order telling the Press that they MUST file a response to the objection within 14 days.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/O-5 Order to File a Reply.pdf

On 4-3-2020 the Court ordered the AA be unsealed.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/El_Paso/Stauch/O-06 - Unseal PC Affidavit.pdf

In his Order to unseal the Judge points out that the Prosecution has no objections and also that the Court finds that the Defense has shown no evidence that unsealing the AA would harm the ability of providing their client a fair trial. He even points out that the Defendant herself gave interviews with the Press.

In BM’s case the Prosecution also has no objection to unsealing.

I think the Press and their lawyers have quite a bit of sway with the Court by citing laws and rules that uphold we, the Public’s right to know.

Unlike other cases, the Court has ruled in this case against BM that not only are all Motions sealed but also all Responses are sealed. So we can’t see exactly what the back and forth argument is and what the Defense is saying their Reason is for wanting the AA to remain sealed.

It’s hard to predict how long this might take in this case. The Judge did say at the most recent hearing that he will have to decide whether to make a ruling on unsealing the AA of if a hearing should be scheduled.

IMO I hope a decision is made soon. IF the Defense is arguing that the unsealing will cause more rumors and the public will be inflamed I feel that quite the opposite is true. JMO

Thank you for sharing the FOIA request and other details. Please keep us updated!

 

[Seattle1]

I think the Press and their lawyers have quite a bit of sway with the Court by citing laws and rules that uphold we, the Public’s right to know.

Unlike other cases, the Court has ruled in this case against BM that not only are all Motions sealed but also all Responses are sealed. So we can’t see exactly what the back and forth argument is and what the Defense is saying their Reason is for wanting the AA to remain sealed.

^^RSBM

Having followed numerous Colorado cases, I believe Colorado's media has one of the strongest lobby groups in the country. I also think they derive much of their power for the public release of documents due in part to Rule 3(a) (3) (A) promulgated by the Colorado Supreme Court (i.e., prohibiting cameras in criminal courtrooms except for advisements and arraignments).

Of special note is Colorado's RULE CHANGE 2020(34) COLORADO RULES OF CRIMINAL PROCEDURE i.e., amending and adopting Rule 55.1 Public Access to Court Records in Criminal Cases, adopted by the Court, En Banc, December 17, 2020, effective May 10, 2021.

The rules are the result of a Denver Post investigation in 2018 that revealed thousands of criminal cases were suppressed from the public – some for decades and frequently without reason or cause. Many still are.

See the link below for more details on the origins of the Rule change.

Colorado Supreme Court approves new rules for suppressing criminal cases from the public

 

[Seattle1]

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?

I'm sure you are not alone! I followed the case for more than 7 years and thought this was perhaps a "family name" given it's pronounced the same as the more common name/spelling Dante.

 

[Boxer]

I am still wondering why BM was arrested at the side of the road ... with what looks like 7 law enforcement vehicles behind him.

And I am wondering what he had in the back of his vehicle. It looks like it could be rolled up carpet, to me.

I wonder if we will ever know if he was heading out of town, permanently, or if he was perhaps moving evidence and the police were waiting for this moment.

MOO BM had just left his gym in Poncha Springs. I assume they wanted to arrest him whe he was alone and had relatively little access to weapons.

 

[MsBetsy]

MOO BM had just left his gym in Poncha Springs. I assume they wanted to arrest him whe he was alone and had relatively little access to weapons.

That's what I was thinking. It's probably easier and safer for LE to make an arrest when the suspect is on the way to or from their home rather than having to bring in a SWAT team.

 

[NWLady]

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.

This isn't directed at you - I am just jumping off your post.
Has LE or any MSM said that BM was making plans to leave the state? I heard CM say it on his YT and said that there was a trailer parked out front which I didn't think too much of, as a person with a landscaping business could possibly have several trailers, even possibly different types/styles, such as enclosed, open, utility, etc.
I am just having a hard time recalling where we've heard this from, other than CM, that BM was planning on leaving the state? TIA to anyone who can recall about this.
JMO

 

[AmandaReckonwith]

I am finally finished updating.

JUSTICE for Suzanne

 

[Kemug]

Maybe the new house-owners found/noticed something?

 

[borndem]

Maybe the new house-owners found/noticed something?

Good point @Kemug -- let's hope so!

 

[Seattle1]

This isn't directed at you - I am just jumping off your post.
Has LE or any MSM said that BM was making plans to leave the state? I heard CM say it on his YT and said that there was a trailer parked out front which I didn't think too much of, as a person with a landscaping business could possibly have several trailers, even possibly different types/styles, such as enclosed, open, utility, etc.
I am just having a hard time recalling where we've heard this from, other than CM, that BM was planning on leaving the state? TIA to anyone who can recall about this.
JMO

To my knowledge, only CM opined that BM was about to leave the state -- I believe he cited AZ.

Although not reported elsewhere, I think it's a reasonable assumption for the State to assert that BM had few if any ties to Colorado -- having sold his family home, and also a building lot acquired only weeks after SM reported missing. No minor children and a fairly mobile profession - he could leave town without much difficulty.

However, I also don't believe BM had moving van/trailers outside his condo-- ready to flea hours before he was arrested! That claim by CM seemed a bit dramatic to me given the condo project appears to be an active build site where any contractor would be remiss not to secure their tools and equipment. MOO