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

[CGray123]

Past discussions here have raised serious questions about BM's alibi. Section 16-7-102 of the Colorado Revised Statutes requires the defendant in a criminal case to notify the prosecution in advance, as soon as practicable, if they intend to rely on an alibi defense. We may know soon what the defense team thinks of BM's effort to establish an alibi for the time frame identified in the charge.

16-7-102. Required notice of defense of alibi.

If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defendant will call to support the defense of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi as soon as practicable after the names of such witnesses become known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with the specification statement unless the court for good cause and upon just terms permits the specification statement to be amended. If the defendant fails to make the specification required by this section, the court shall exclude evidence offered in support of the defense of alibi unless the court finds upon good cause shown that such evidence should be admitted in the interest of justice.

 

[Error505]

I believe evidence of Barry Morphew's character, or of his prior bad acts, can be admitted in evidence only under limited circumstances, e.g. if his defense opens the door somehow. I'm hoping posters who refer to such evidence will try to address the question whether the court will allow it in evidence. IMO, if we base our beliefs as to his guilt on information the jury will never hear, we may have unrealistic expectations.

Colo. R. Evid. 404

Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts [Effective July 1, 2021]

(a)Character evidence generally. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:

(1)Character of accused. In a criminal case, evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same or if evidence of the alleged victim's character for aggressiveness or violence is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution;

(2)Character of alleged victim. In a criminal case, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor;

(3) Character of witness. Evidence of the character of a witness as provided in Rules 607, 608, and 13-90-101 .

(b) Other crimes, wrongs, or acts.

(1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in conformity with the character.

(2) Permitted Uses. This evidence may, be admissible for another purposes, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident,

(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:

(A) provide reasonable notice of any such evidence that theprosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;

(B) articulate in the notice the permitted purpose for which the prosecutor intends to offerthe evidence and the reasoning that supports the purpose; and

(C) do so in writing before trial-or in any form during trial if the court, for good cause, excuses lack of pretrial notice.

I enjoy your posts, and I should wait for one of our attorneys to reply. I don’t feel qualified to interpret legal jargon. Luckily, this forum isn’t a court of law, but a place to discuss true crime.

Personally, though, I think there will be ample opportunity to introduce flaws in BM’s character (through prior bad acts) during the course of the trial, considering what the charges are. Of course, prior bad acts aren’t admissible unless those acts can be introduced as evidence by the DA as having a relationship to 1 of the 5 major charges he’s facing.. If infidelity can be proven, why would it not be admissible as evidence, as an example?
Just MOO, simply my 2cents

 

[CGray123]

I enjoy your posts, and I should wait for one of our attorneys to reply. I don’t feel qualified to interpret legal jargon. Luckily, this forum isn’t a court of law, but a place to discuss true crime.

Personally, though, I think there will be ample opportunity to introduce flaws in BM’s character (through prior bad acts) during the course of the trial, considering what the charges are. Of course, prior bad acts aren’t admissible unless those acts can be introduced as evidence by the DA as having a relationship to 1 of the 5 major charges he’s facing.. If infidelity can be proven, why would it not be admissible as evidence, as an example?
Just MOO, simply my 2cents

BBM. ITA, especially if Barry takes the stand in his own defense.

 

[Momofthreeboys]

introduced at the trial.
Perhaps if it has documented relevance

I know there’s no legal reason to link the two, but I wouldn’t be surprised if the unsealing is sort of tied to the turnover of discovery. The arguments for and against the unsealing are also sealed but I could see the Defense wanting to know the full strength of the case against BM before deciding on the potential pros and cons of when the unsealing of the AA occurs. Knowledge is power. Power is control.

At some point the AA will be unsealed; they almost always are. But high-caliber defense attorneys like these will try to finesse that release to gain whatever advantage — or minimize whatever damage — they can in accordance with their strategy.

Just MOO.

Or it is not unsealed until Barry goes through the preliminary since right now he is only charged and has not been bound over for trial. The judge could be protecting more people than just the daughters if the case is largely circumstantial. I had that thought the other day.

 

[Momofthreeboys]

As much as I dislike that it happened, the sister of SM said, on the CM show Interview Room, that she wanted to clear things up about the purchase of that home in Colorado, that it was Suzanne who wanted to buy it.
This ties in with other aspects of that CM/MM show that still really bother me, aside from the statue carp.
MM emphasized that it was Suzanne who wanted that particular house.
MM said that $100,000 was borrowed from their (Suzanne's) father to buy the house, as the Ind. house had not yet sold.
MM insinuated that family member(s) got upset that the money was not being paid back, and convinced the father to request a promissory note from BM, wherein BM said that it was Suzanne's loan. paraphrased.

Now this is why I am so critical of CM and MM in that show. How can they act like the loan was all Barry's fault, when MM said all of the above?

By no means am I a BM fan, but neither am I a fan of family members who reveal potentially detrimental info on a TV show when all the pretrial motions are happening. The relative(s) have to understand that long rambling 2 hour shows with TV personalities may not be the best way to help the memory of the murdered relative. However I don't have the same critique of step brother TO, he was very careful about what he should say, IMO.

OK everyone can get mad at me, but she basically laid the groundwork for the house purchase, the loan, the slow repayment, everything being at Suzanne's impetus. Not fair. Just shut up and stay off TV. IMO IMO IMO IMO

I think it is often difficult to "weed out" claims mentally that non-insiders make and especially when it's hearsay or opinions. Too often those claims get accepted as facts. I trust a first hand account like Melinda's and even to some small extent Andy who clearly was influenced into some beliefs in the early days and back pedaled some things as time went on. He probably has a clearer picture today than he did six or seven months ago. My takeaway is that very few in the families knew what was going on in Salida and there wasn't frequent communication with Suzanne. I also don't think this is a case of the devil and the paragon. Marriages are complex and not black and white. Melinda probably has the most current knowledge since she had been in touch with Suzanne most recently. And yes, agree, her step brother was very careful with what he said in interviews. I suspect when we are able to see documents we will find hopefully some facts and evidence unknown and perhaps some circumstantial things that were not fully fleshed out on the social channels. I for one am most interested in how the prosecution got to deliberation for the murder 1 even though I can understand the deliberation can be a nano second. Conversely a deliberate act isn't provoked or carried out in the heat of passion which given the little we know "feels" in my opinion closer to what may have happened...so I wait like everyone for that thing that feels like a missing piece of the puzzle and what the prosecution case actually will be.

 

[Momofthreeboys]

I believe the only verifiable info comes from property records, and anything regarding a timeline would be speculation. Realtor.com reflects the listing history for the Arcadia, IN residence, beginning with a property listing Feb 19, 2018-- noting the Sellers relocated out-of-state.

https://www.realtor.com/realestateandhomes-detail/26040-Cal-Carson-Rd_Arcadia_IN_46030_M48669-03854

I believe SM first posted their realtor's listing on her FB but don't know if her post predated Feb 2018 by Realtor.com or not. If I recall correctly - the home didn't sell until June 2019 by an installment contract where the sellers were not cashed out until June 2020 (closing required BM to act as SM's court-appointed guardian).

Important to note that 2018-19 was also known as US Housing Market Crash 2.0

https://seekingalpha.com/article/4240221-housing-market-crisis-2_0-jury-is-in-for-2018minus-2019

Not to mention that Indiana house is a big house. 6,000 feet is alot of space for two people to ramble around in once the kids are gone and the population in general is slowly downsizing. The National Association of Home Builders has been watching this downsizing trend since around 2018 when the "build big" boom trend was in full swing. Puma Path was half the square footage...just in a higher cost area.

 

[CGray123]

Here's how I see the situation at the moment. The defense team of Superlawyers faces a dilemma from the outset.

Sheriff Spezze has amassed a great deal of evidence that their client murdered his wife, if the length of the arrest affidavit is any indication. The only weakness in the Sheriff's case may be that there is no body to prove Suzanne is dead.

The client has proclaimed his innocence, in part because he was working in Broomfield at the time the murder allegedly occurred. He also claims to be a "godly" guy in a godly family whose wife was "the love of his life" whom he would never harm. But he is the essential witness in support of these claims, and if he testifies hey will probably be subjected to a devastating cross examination.

Does the defense team rely on an argument that the prosecution has failed to prove beyond a reasonable doubt that Suzanne is dead, or do they roll the dice on the client's alibi- and character-based defense.

Quel dilemme.

 

[DeDee]

Just something That has been rattling around in my empty head.
A speculation that would include GD and his friendship with Barry.
After I watched LS interview with GD, I heard something that caught my attention, GD told LS he has 10 years experience with LE ( this has not been proven because we cannot sleuth him)if that is common knowledge I missed it, but he did state that.
Remembering back when the LE was searching Barry’s house and BM was watching from the GD house, it was reported that a FF reported BM pacing the floor while at GD home . GD is also a FF ! Did he stay close to BM as soon as BM rolled into town after finding out Suzanne was missing having his ears and eyes open watching BM
and his reactions to his wife missing? Could GD possibly be our ace card, like the jail inmate in the Frazee case that received the written notes by P Frazee? Like the neighbor that had video and noticed ChrisW acting very odd rocking back n forth when the LE was at the neighbors watching the surveillance video. Since we have not heard much about GD since the day SM went missing and only one time when LS interviewed him, makes me ponder if he is the key to the Hinky Meter.
This is JMOO, I have a feeling he may be a friend to LE first and BM second. We can only hope for that. AA will prove what his role is in this case. Remember we cannot sleuth him Period. Only talk about the times his name has came up etc. I apologize I am not a great
writer like many of you are . I just stated what has been on my mind during a allergy fog. @CarlK90245 I thinkI kept this post within the parameters of acceptable. If not plz delete, and plz don’t put me in web jail. Be gentle when you blast holes in my theory . I could surely be
way off base. But I feel he may be a good witness for the prosecution.
Posting fairy plz make all the corrections necessary. Checks in the mail.
@nyvictoria

Interesting theory, Hatch. By initial appearances, GD kindly offered his home to Barry since BM was blocked by LEO from entering PP.

For now, I'm going with the "birds of a feather, stick together" option. If BM is a known prevaricator, perhaps his buddy is one, too. Ten years in LE: not sure since we're unable to determine that as fact.

The quite humorous addendum prompted a follow.

 

[crhedBngr]

Justice for Suzanne!

 

[EggSalad]

Here's how I see the situation at the moment. The defense team of Superlawyers faces a dilemma from the outset.

Sheriff Spezze has amassed a great deal of evidence that their client murdered his wife, if the length of the arrest affidavit is any indication. The only weakness in the Sheriff's case may be that there is no body to prove Suzanne is dead.

The client has proclaimed his innocence, in part because he was working in Broomfield at the time the murder allegedly occurred. He also claims to be a "godly" guy in a godly family whose wife was "the love of his life" whom he would never harm. But he is the essential witness in support of these claims, and if he testifies hey will probably be subjected to a devastating cross examination.

Does the defense team rely on an argument that the prosecution has failed to prove beyond a reasonable doubt that Suzanne is dead, or do they roll the dice on the client's alibi- and character-based defense.

Quel dilemme.

MOO, but the defense won’t form a singular strategy. They will attempt to prove reasonable doubt in all aspects of the evidence and circumstance no matter how absurd they are. They will also be working to set up procedural errors to then file an appeal or dismissal.

I don’t think they plan to win this trial with a single counter argument or some fact that exonerates BM, as I don’t think those exist.

 

[MsBetsy]

As much as I dislike that it happened, the sister of SM said, on the CM show Interview Room, that she wanted to clear things up about the purchase of that home in Colorado, that it was Suzanne who wanted to buy it.
This ties in with other aspects of that CM/MM show that still really bother me, aside from the statue carp.
MM emphasized that it was Suzanne who wanted that particular house.
MM said that $100,000 was borrowed from their (Suzanne's) father to buy the house, as the Ind. house had not yet sold.
MM insinuated that family member(s) got upset that the money was not being paid back, and convinced the father to request a promissory note from BM, wherein BM said that it was Suzanne's loan. paraphrased.

Now this is why I am so critical of CM and MM in that show. How can they act like the loan was all Barry's fault, when MM said all of the above?

By no means am I a BM fan, but neither am I a fan of family members who reveal potentially detrimental info on a TV show when all the pretrial motions are happening. The relative(s) have to understand that long rambling 2 hour shows with TV personalities may not be the best way to help the memory of the murdered relative. However I don't have the same critique of step brother TO, he was very careful about what he should say, IMO.

OK everyone can get mad at me, but she basically laid the groundwork for the house purchase, the loan, the slow repayment, everything being at Suzanne's impetus. Not fair. Just shut up and stay off TV. IMO IMO IMO IMO

I don't think revealing those details would be detrimental to the case. Melinda is in regular contact with LE so hopefully she's aware of how much she can discuss. Maybe she just wanted people to know how much Suzanne loved that house, since there was so much speculation that it was Barry who wanted to move.

Anyway, I do think the circumstances around the move to Colorado and the Puma Path home play a large role in this case.

Maybe Barry never wanted to move in the first place. Could there be someone in particular in Indiana he wanted to get back to?

He may have planned on selling the house all along. I can see why Suzanne would have wanted to settle there. It was the perfect place for her daughters, and eventually their families, to visit.

I imagine it was a big blow to BM's ego when Suzanne's father requested a promissory note for the loan. He must have resented her if he claimed it was "Suzanne's loan." Were they already talking about separating around that time? It sounds to me like he blamed Suzanne for everything.

What was it that Suzanne was so afraid of on Friday when she texted her sister? Melinda only hinted about financial problems, and that they hadn't quite come to terms with it.

 

[Murphy1950]

I don’t think they plan to win this trial with a single counter argument or some fact that exonerates BM, as I don’t think those exist.

RSBM
I agree with you ES. However there is always the chance he goes for self defense...She lunged at him with a weapon. He killed her in self defense. I did what I did to protect the family. We all loved her. There was no need for the girls to remember her that way, better if they thought she just disappeared. Barry has nothing to lose by saying Suzanne was unstable almost since they moved to Colorado and she was the one who so wanted the move. But since that time she has been unstable. She told her friends xx and x and her sister, who she wasn't close with, just a few days before she pulled the gun on me.

I think a game changer would/could be the daughters testimony, suppose they did decided to "protect dad," he's the only one left for them.

 

[CGray123]

MOO, but the defense won’t form a singular strategy. They will attempt to prove reasonable doubt in all aspects of the evidence and circumstance no matter how absurd they are. They will also be working to set up procedural errors to then file an appeal or dismissal.

I don’t think they plan to win this trial with a single counter argument or some fact that exonerates BM, as I don’t think those exist.

ITA, the defense will be a full court press.

Legal arguments will be made that evidence should be suppressed, in the interest of fairness. Procedural issues will be raised on the same grounds, and appealed if the ruling is adverse. Jurors will be challenged. A request for a change of venue may be made. Pre-trial publicity will be an issue. Witness credibility will be challenged. The attorneys are very knowledgeable and skilled in these tactical aspects of defense: there's no strategic dilemma involved IMO.

But fundamentally, if BM wants to argue that he's a good guy who wouldn't kill his wife, and that he was elsewhere when the People claim she died, he will have to be a witness. He may insist whatever the lawyers recommend, but if he testifies, he will be subject to cross examination on a host of questions that may leave his credibility in shreds. That's the strategic dilemma they face, and I'm looking forward to their disclosures to see what they decide.

All MOO, of course! Hoping the WS experts will set me straight if I have it wrong.

 

[Deleted member 222031]

RSBM
I agree with you ES. However there is always the chance he goes for self defense...She lunged at him with a weapon. He killed her in self defense. I did what I did to protect the family. There was no need for the girls to remember her that way, better if they though she just disappeared. Barry has nothing to lose by saying Suzanne was unstable almost since they moved to Colorado and she was the one who so wanted the move. But since that time she has been unstable. She told her friends xx and x and Her sister, who she wasn't close with, just a few days before she pulled the gun on me.

I think a game changer would/could be the daughters testimony, suppose they did decided to "protect dad," he's the only one left for them.

Interesting scenario. Sort of like the suggestion by Chris Watts that Shannan killed her children, IMO. Since it doesn't comport to anything we know about Suzanne's character, it's a big reach. But he could have used such a scenario with his daughters. Their ongoing support for their father puzzles me very much.

 

[JosieMae]

Reading all these defense scenarios makes me hope more than ever that BM will confess and divulge Suzanne's location.

 

[steeltowngirl]

As much as I dislike that it happened, the sister of SM said, on the CM show Interview Room, that she wanted to clear things up about the purchase of that home in Colorado, that it was Suzanne who wanted to buy it.
This ties in with other aspects of that CM/MM show that still really bother me, aside from the statue carp.
MM emphasized that it was Suzanne who wanted that particular house.
MM said that $100,000 was borrowed from their (Suzanne's) father to buy the house, as the Ind. house had not yet sold.
MM insinuated that family member(s) got upset that the money was not being paid back, and convinced the father to request a promissory note from BM, wherein BM said that it was Suzanne's loan. paraphrased.

Now this is why I am so critical of CM and MM in that show. How can they act like the loan was all Barry's fault, when MM said all of the above?

By no means am I a BM fan, but neither am I a fan of family members who reveal potentially detrimental info on a TV show when all the pretrial motions are happening. The relative(s) have to understand that long rambling 2 hour shows with TV personalities may not be the best way to help the memory of the murdered relative. However I don't have the same critique of step brother TO, he was very careful about what he should say, IMO.

OK everyone can get mad at me, but she basically laid the groundwork for the house purchase, the loan, the slow repayment, everything being at Suzanne's impetus. Not fair. Just shut up and stay off TV. IMO IMO IMO IMO

We like you too much to ever get mad at you @NuttMegg

I just have to wonder if Barry had Suzanne so bamboozled that she began to align his ideas with her own. He seems to like to blame others. I can envision her taking responsibility for what HE wanted, just to please him. And if borrowing money from her family was needed, it would make it much easier to tell them it was her idea.

Or... maybe she really did want that house.

jmo

 

[Whiteorchids]

I don't think revealing those details would be detrimental to the case. Melinda is in regular contact with LE so hopefully she's aware of how much she can discuss. Maybe she just wanted people to know how much Suzanne loved that house, since there was so much speculation that it was Barry who wanted to move.

Anyway, I do think the circumstances around the move to Colorado and the Puma Path home play a large role in this case.

Maybe Barry never wanted to move in the first place. Could there be someone in particular in Indiana he wanted to get back to?

He may have planned on selling the house all along. I can see why Suzanne would have wanted to settle there. It was the perfect place for her daughters, and eventually their families, to visit.

I imagine it was a big blow to BM's ego when Suzanne's father requested a promissory note for the loan. He must have resented her if he claimed it was "Suzanne's loan." Were they already talking about separating around that time? It sounds to me like he blamed Suzanne for everything.

What was it that Suzanne was so afraid of on Friday when she texted her sister? Melinda only hinted about financial problems, and that they hadn't quite come to terms with it.

Maybe as controlling as Barry was she just told MM that so she wouldn’t know how controlling and abusive he really was and not dislike Barry. I know sometimes I don’t tell my older sister things because I know she would start lecturing me. Suzanne told friends differently which sometimes you can do without receiving a lecture from family members. Let them believe everything was just fine and dandy. I was married to a controlling abusive ex husband. I hid it from my family because I didn’t want them to hate him and my dad would have went after him with a shotgun if he knew what he was doing to me. It was easier just not to tell the truth to family.

 

[DizzyB]

As much as I dislike that it happened, the sister of SM said, on the CM show Interview Room, that she wanted to clear things up about the purchase of that home in Colorado, that it was Suzanne who wanted to buy it.
This ties in with other aspects of that CM/MM show that still really bother me, aside from the statue carp.
MM emphasized that it was Suzanne who wanted that particular house.
MM said that $100,000 was borrowed from their (Suzanne's) father to buy the house, as the Ind. house had not yet sold.
MM insinuated that family member(s) got upset that the money was not being paid back, and convinced the father to request a promissory note from BM, wherein BM said that it was Suzanne's loan. paraphrased.

Now this is why I am so critical of CM and MM in that show. How can they act like the loan was all Barry's fault, when MM said all of the above?

By no means am I a BM fan, but neither am I a fan of family members who reveal potentially detrimental info on a TV show when all the pretrial motions are happening. The relative(s) have to understand that long rambling 2 hour shows with TV personalities may not be the best way to help the memory of the murdered relative. However I don't have the same critique of step brother TO, he was very careful about what he should say, IMO.

OK everyone can get mad at me, but she basically laid the groundwork for the house purchase, the loan, the slow repayment, everything being at Suzanne's impetus. Not fair. Just shut up and stay off TV. IMO IMO IMO IMO

I didn’t take it that family members were upset that Suzanne and Barry didn’t pay back Gene. It was Gene’s money to do what he wanted with, and Melinda stated that. She did mention something about spending what you have, instead of having to borrow, living within your means, but she also said it was Gene’s call. Gene never considered it a gift, according to Melinda. It was a loan without any sort of paperwork. So the siblings felt that Barry and Suzanne should sign a promissory note, to have a record in case something happened to Gene. I agree that weird stuff happens when estates get settled. It wasn’t about paying back immediately, it was about the proof of the loan. And Barry got insulted. It appears that he then used it as a wedge between Suzanne and her family, as if they were against them and didn’t trust them.

 

[Hatch]

Interesting theory, Hatch. By initial appearances, GD kindly offered his home to Barry since BM was blocked by LEO from entering PP.

For now, I'm going with the "birds of a feather, stick together" option. If BM is a known prevaricator, perhaps his buddy is one, too. Ten years in LE: not sure since we're unable to determine that as fact.

The quite humorous addendum prompted a follow.

Do we know GD offered? Or did BM ask GD if he could stay there so he could watch the searchers? We don’t know how long he stayed at the GD residence. I am sure LE knows where BM was 24/7 during the 11 day search, but not sure if we know . I sure would like to know how much they hung out together etc. before and after Suzanne’s disappearance. We have seen snapshots of BM around Indiana and Salida with another person however none with GD. I agree with the flocking and feathers also hopeful IF GD does have 10 years in LE his loyalty still is to LE. BM being BM don’t think he has kept his mouth shut ! It will prove interesting to see who the players are beside BM and if they had leading roles or just under studies BM being the star of course. Welcome to follow but I am a back road traveler.

 

[K9Enzo]

I think it's entirely possible that SM went to her dad on her own accord and asked for the money. Also possible BM did not pressure/strong arm her into it either. Maybe he didn't even like the idea. I don't think every bit of information we've received must paint him in a bad light. He's an A hole enough on his own. I'm still shocked by borrowing money from family and friends to purchase a house that apparently the bank would not loan them. I felt that MM really wanted to express SM wanted to move to CO, she wanted the PP home. That seemed important for her to make clear.

I personally think borrowing money from family is a huge risk on personal relationships and it can turn sour quick. I do think the tension over this may have made SM not return phone calls to her family once in CO. Maybe not posting much about their new life and home in CO on social media. Maybe even having a land line #, but not sharing it with everyone and it was easy to say the cell reception was just bad. IMO