Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #61 *ARREST*

[Seattle1]

Didn’t they allow text messages in the Kelsie Schelling case as evidence even though she or her phone was never recovered?

I believe we heard about text messages sent by her killer DL including messages that he sent to others while he was allegedly impersonating Kelsie.

https://www.koaa.com/news/kelsie-sc...ssages-presented-in-donthe-lucas-murder-trial

 

[Cindizzi]

BBM: I think that the fact that these 'people in authority' might be identified in the AA, could be the reason that the judge will not release it at this time. JMO

There were all identified by name in the charging document ( bottom of page 2 ). And the Press very quickly reported on their occupations as LE and one is with the DA’s office.
https://www.courts.state.co.us/user...8/21CR78 Morphew Amended Complaint 051821.pdf

I think you’re correct that the details about this charge is one thing that needs to be redacted for now. JMO

 

[Gigi3]

I believe we heard about text messages sent by her killer DL including messages that he sent to others while he was allegedly impersonating Kelsie.

https://www.koaa.com/news/kelsie-sc...ssages-presented-in-donthe-lucas-murder-trial

I believe we heard about text messages sent by her killer DL including messages that he sent to others while he was allegedly impersonating Kelsie.

https://www.koaa.com/news/kelsie-sc...ssages-presented-in-donthe-lucas-murder-trial

That’s right! Thanks! And something about showing that they had argued around the time of her disappearance IIRC? Couldn’t that be considered hearsay too or not? I’m so confused over all this!
Colorado agent details texts between Keslie Schelling and Donthe Lucas

I can’t get the link to work!

 

[kshultz06082]

That’s right! Thanks! And something about showing that they had argued around the time of her disappearance IIRC? Couldn’t that be considered hearsay too or not? I’m so confused over all this!
Colorado agent details texts between Keslie Schelling and Donthe Lucas

I can’t get the link to work!

Here you go:

Kelsie Schelling case details texts with Donthe Lucas upon disappearance.

 

[MsBetsy]

Didn’t they allow text messages in the Kelsie Schelling case as evidence even though she or her phone was never recovered?

There were plenty of text messages by Travis Alexander allowed in the Jodi Arias trial used to attack his character and portray him as a pervert. Imo

 

[TIGER0822]

RSBM

I can't imagine any scenario/circumstances where the girls won't be called to testify. Since the judge can't advise them directly I think he wants to allow plenty of time for that to sink in and the girls seek out their own council. Honestly it could be the defense and or the prosecutors, both sides, who need to tear into their testimony and try to learn the truth.

I just read the judges ruling. My take away reading between the lines is that the evidence is going to be gruesome. I can only hope and Pray that the daughters get the help they will need.

 

[IHAVENOCLUE]

Folks, it is some comfort while we are waiting on release of the AA and on the prelim in August, Barry is eating jail food and losing his tan & probably his muscle tone. Care package food is going to get old, too....Doritos....yum! (if it hasn't already!). Let us remember the light that was Suzanne and pray for justice.

I'm still not ready to concede that the new law focusing on victim rights trumps release of what is definitely public information. Just as the accused has rights in our system of government, so too the public has rights enshrined in our constitution since the founding of this nation. When a premeditated murder has been committed many "3rd parties" are affected. This crime has a specific victim but is also a criminal affront to us all. Just because media attention is uncomfortable and "gawkers" have their say, is not a reason to withhold facts from the public.

Upholding the principles of freedom of information we hold dear should be given as much weight as any other rights, IMHO. And in an odd or maybe ironic way, is becoming another 3rd party victim, at least in the short term.

#JusticeForSuzanne

<<thumb up>>

 

[swedeheart]

We get a thoroughly detailed explanation (by Chris) of the ruling to keep the affidavit sealed. The Morphew case is discussed in the first half of the show - starts at about 8 mins in. Highly recommend for anyone having trouble absorbing all the lawyer-speak. (Like moi. - Thank you very much, lawyers! Learning so much from you!)

 

[Scootie98]

Regardless that the 130-page Application and Affidavit for Arrest Warrant is the longest AA the Chaffee County District Court Judge has ever seen, it's a fact that the document contained sufficient facts to support there was probable cause to arrest Barry Morphew on May 5, 2021.

More specifically, probable cause exists to believe that Barry Morphew has committed the following offenses:

DOMESTIC VIOLENCE
CHARGES: 5

COUNT 1: MURDER IN THE FIRST DEGREE, C.R.S. 18-3-102(1)(a) (F1){01011}

COUNT 2: TAMPERING WITH A DECEASED HUMAN BODY, C.R.S. 18-8-610.5 (F3){26065}

COUNT 3: TAMPERING WITH PHYSICAL EVIDENCE, C.R.S. 18-8-610(1)(a) (F6){26062}

COUNT 4: POSSESSION OF A DANGEROUS WEAPON, C.R.S. 18-12-102(3) (F5){30011}

COUNT 5: ATTEMPT TO INFLUENCE A PUBLIC SERVANT, C.R.S. 18-8-306 (F4){24051}

To be clear, it matters not that the AA contained information that was not relevant to the Court's finding probable cause.

It matters not that the AA contained information that may not be admissable at trial under the Colorado Rules of Evidence.

There is no requirement for an AA to conform to the Colorado Rules of Evidence, period.

BM's Preliminary Hearing is scheduled for August 24, 2021.

At this hearing, the District Attorney will be required to present sufficient
evidence to prove that it is more likely than not that the accused committed the crimes he is charged with committing.

The District Attorney is not required to put on all of their evidence or even the testimony of the victim. The court will allow statements of witnesses to come into evidence through a detective or other police officer. The accused will
not testify.

Any person may waive their right to a preliminary hearing. Waiving the hearing is not unusual and is done to keep open a plea bargain. By waiving a preliminary hearing, the accused does not waive any other of his/her rights.

(Plea bargain - An agreement by the accused, his lawyer, and the District Attorney which may involve a reduction of charges, dismissal of some
charges, or agreement on sentencing).

ETA: add link to charges
https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Amended Complaint 051821.pdf

https://www.coloradodefenders.us/wp...e-to-the-colorado-criminal-justice-system.pdf

MOO, but I don't believe BM can use the money from the sales of the jointly held assets for his own personal expenses. He sold them under his power as SM's conservator, which requires him to conserve them for her benefit. He is accountable to the court for his use of this money, which is both all hers and all his if you can get your mind around that idea.

His daughters, as SM's heirs, have legal standing to petition the courts in Colorado and Indiana to remove BM as conservator, force him to account for this money, and close off all opportunity to spend it on himself. Others, (AM, MM) may also have standing to petition, but the judges may well look to the daughters anyway.

I sometimes wonder if these judges could take judicial notice of the murder charge and act on their own motion to remove BM as conservator. They may not know about the case, but someone could let them know.

BM may well be incapable of Christian love, but he can pretend in order to manipulate. Such a person would want to keep the daughters on side for no other reason than to continue to control the money. So far, so good, but I think Judge Murphy has given them a few weeks of freedom from BM to reflect on their path forward and what they must do to move on. They have a loving, Christian extended family on their mother's side, and I hope they seek comfort and counsel there.

The courts are supportive of lawyers getting paid. The two that BM has must surely be experts at petitioning the court for rulings in their favor when it pertains to "providing the necessary funds to further the defense of the accused". The law is whatever the courts say it is...unless and until it is overturned by another court. If it comes down to which gets the money, the defense lawyers or the daughters...the lawyers will argue that it is in the daughters best interest if they, the defense, gets the money. The transfer of wealth has always been driven by lawyers...

 

[SouthAussie]

I wonder how Chaffee County Jail is doing with its recent (April) covid outbreak. I have read a few Colorado articles where the prisons are putting inmates in isolation for prolonged periods of time to try to stem the covid outbreaks.

Being a bit of an outdoors person, I am sure that BM must be struggling with being locked up ... and perhaps potentially being in isolation also.


Tracy Jackson, Chaffee County Sheriff’s Office Detentions Commander, shares that, “Detention Center staff continue to follow COVID precautions and protocols to minimize exposure and logistically accommodate those in isolation. Medical staff is on hand every day to assess inmate status and attend to those who are symptomatic.”
Chaffee County Managing COVID-19 Concerns Within Jail and Treasurer's Office

 

[DetectiveFoyleWannabe]

I believe we heard about text messages sent by her killer DL including messages that he sent to others while he was allegedly impersonating Kelsie.

https://www.koaa.com/news/kelsie-sc...ssages-presented-in-donthe-lucas-murder-trial

A statement by the defendant (or any actual party to litigation) is admissible as an exception to the rule. Also if it is used to prove location or anything other than the truth of the matter asserted it is generally admissible. I think Clearskies mentioned this as well and it’s spot on. .

 

[Kemug]

Over here, in Australia, quite often one of the reasons a murderer is caught is a receipt from Bunnings where they bought things like tarps, cleaning stuff, gloves, shovels etc. All the sort of things that could be used for carting away and burying a body.

And remember David Eisenhauer and Natalie Keepers shopping after they killed that poor little schoolgirl.

 

[TootsieFootsie]

I'm not familiar with the case. Will have to look it up sometime.

And remember David Eisenhauer and Natalie Keepers shopping after they killed that poor little schoolgirl.

 

[MadTing]

text messages are used all the time in trials, If the text is still on the recipients phone and it can be shown that it came from SM's phone i don't think there will be any reason not to believe SM did not send it in this case.

 

[Error505]

Those with more experience can probably answer this:
Why aren’t there 8 different charges since 8 different public servants were named in the charges?
COUNT 5-ATTEMPT TO INFLUENCE A PUBLIC SERVANT (F4)

Am I just being a b$#ch..?
I want the guy gone for a long time!
MOO

 

[Niner]

quote=seattle1]snipped...

BM's Preliminary Hearing is scheduled for August 24, 2021.[/quote]

Actually his preliminary hearings start on August 9... it will last 4 days. with a statud hearing for the voter fraud charge on 3 of those 4 days.


Date Len Appearance Name Hearing Type Case # Location Division
8/9/21-Murder
8:00 AM 1Hr IN PERSON MORPHEW, BARRY Preliminary Hearing D82021CR78 Chaffee County Division 2
8/9/21-Fraud
8:00 AM 1Hr IN PERSON MORPHEW, BARRY Status Conference D82021CR85 Chaffee County Division 2

8/10/21
9:30 AM 1Hr IN PERSON MORPHEW, BARRY Preliminary Hearing D82021CR78 Chaffee County Division 2
8/10/21
9:30 AM 1Hr IN PERSON MORPHEW, BARRY Status Conference D82021CR85 Chaffee County Division 2

8/23/21
8:00 AM 1Hr IN PERSON MORPHEW, BARRY Preliminary Hearing D82021CR78 Chaffee County Division 2

8/24/21
9:30 AM 1Hr IN PERSON MORPHEW, BARRY Preliminary Hearing D82021CR78 Chaffee County Division 2
8/24/21
9:30 AM 1Hr IN PERSON MORPHEW, BARRY Status Conference D82021CR85 Chaffee County Division 2

link: Seventh Judicial District » Docket Search

 

[DizzyB]

I do hope we get to feel a sense of Suzanne during the trial (chickens counted that there is a trial). People that may be central to the case may not have seen Suzanne for a long time, and her phone may no longer exist for the other side of the texts/calls. The pandemic kept people mostly at home, and Suzanne was far away from family and old friends.

 

[SouthAussie]

I do hope we get to feel a sense of Suzanne during the trial (chickens counted that there is a trial). People that may be central to the case may not have seen Suzanne for a long time, and her phone may no longer exist for the other side of the texts/calls. The pandemic kept people mostly at home, and Suzanne was far away from family and old friends.

It won't matter if Suzanne's phone is still around for texts or online messages. They will be able to be retrieved through the telecomms/internet provider.

I believe there is a problem with WhatsApp (judging by what we learned in the Theo Hayez case) because WhatsApp messages are encrypted. So no-one really knows what they say. All they know is when the messages happened, if they don't have the phone. The service provider and the police can't, apparently, "un-encrypt" them - even though they are stored on the provider's server.
And if the person receiving the WhatsApp messages went ahead and deleted them, or won't allow access, then that's that.

And, of course, calls will have no record - other than phone numbers and times/dates and length of call. Unless a voicemail message was left, then that will be stored on the telecomms provider's server.

 

[Error505]

@swedeheart Thank you for posting CM’s video. CM mentions the possibility again of “dismemberment” when discussing the judge’s latest decision. I’ve since reread Judge Murphy’s Order keeping AA sealed for now. I honestly think CM could be right about dismemberment and there could be details of this in the AA regarding the charge and in addition to multiple hits/interest by the dogs during AM’s search:
COUNT 2: TAMPERING WITH A DECEASED HUMAN BODY, C.R.S. 18-8-610.5 (F3){26065}
Possibly the Judge isn't of the opinion the gruesome details were needed in making the case for charges, at this time.

How could the two daughters be “more victimized” than losing their own mother to murder? Maybe revealing the evidentiary details of “tampering with a deceased human” is more heinous than just the “knowing” the murder took place. Again, this to me is what nightmares are made of. I hope the girls have access to assistance from the State’s Victim Assistance program. I hope my post is making sense. Still on my first pot of coffee!
MOO

https://www.courts.state.co.us/userfiles/file/Court_Probation/11th_Judicial_District/Chaffee/cases of interest/21CR78/21CR78 Morphew Amended Complaint 051821.pdf

EBM clarification of sorts

 

[CGray123]

After requesting a preliminary hearing, the prosecutor must provide evidence to establish probable cause to a judge in the Colorado County Court.

This requires probable cause sufficient that an ordinary person could have a reasonable belief that the defendant may have committed the crime for which they are charged. If the judge finds probable cause, the court will bind over the case for arraignment. If the judge does not find probable cause, the case can be dismissed.

What Happens During a Preliminary Hearing?

A preliminary hearing is held before a judge of the Colorado County Court where the felony complaint has been filed. During the preliminary hearing, the prosecutor has to show probable cause to continue with the legal proceedings against the defendant.

The rules of evidence may be more relaxed at a preliminary hearing.

During the preliminary hearing, the prosecutor may present evidence, including hearsay evidence, which may not be admissible later on at trial.

The prosecutor may also present evidence such as witness or victim testimony. Evidence is viewed in a light favorable to the prosecution.

The defendant and his criminal defense attorney are present at the preliminary hearing. However, the Colorado DA cannot call the defendant to testify.

The defendant may have access to limited discovery evidence before the preliminary hearing, to prepare their case.

The defendant also has the right to cross-examine the witnesses called, and introduce evidence on behalf of the defense.

"Preliminary Hearings" In Colorado Felony Criminal Court Cases

Thank you for this. So we have a standard for determining probable cause: the evidence must be sufficient that an ordinary person could have a reasonable belief that the defendant may have committed the crime for which they are charged.

Do we have a standard for determining whether the proof is evident or the presumption great, for purposes of denying bond? Is it different from probable cause? Could the judge find probable cause, but yet decide that proof is not evident and grant bond? That would not make any sense to me, but occasionally I get surprised...