Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

[Cindizzi]

I still don’t know what evidence they are basing their case on to guess on prosecution witnesses. I would say MG has high probability. The sister I could go either way. I think she was genuinely surprised when the focus became Barry. And any witness is open to cross examination. But yes, perhaps she is needed to verify something in the text message. Maybe the man in the pen unless it is more exculpatory or opens the someone else thinking in which case the pen would not be used so the man wouldn’t be needed. Tough call when you don’t know the evidence they have and we don’t know what 404B will be admissible.

I don’t think SM’s sister was surprised at all. JMO

Sister of Suzanne Morphew talks suspicion, forgiveness, justice after Barry Morphew's arrest - KRDO

Moorman says when she received the phone call from her father, telling her Suzanne has gone missing, she immediately knew her younger sister was no longer alive. On top of that, she was confident her brother-in-law was responsible.

"My highest hope would be that my brother-in-law Barry would do the right thing and that he would tell the truth," said Moorman. "If he has any kind of sense at all, and he loves his girls at all. I hope he will do the
the right thing and confess."

 

[al66pine]

Other Issues w Spy Pen?
If BM bought spy pen & planted to capture SM's calls, I wonder how that worked in practice.
I skimmed user-review survey of several spy pens (sorry, forgot who posted link to that great article, but TYVM).
Short battery life: looks like pens run for only 60 to 90 min.
Some are voice activated, so might pick up TV audio.
Some start only by manual switch. Who'd be around to do that every time?
And speaker's proximity to pen. How well or poorly would the mic pick up sound from one room to another, one level to another? And maybe other poss snags.

If BM chose a spy pen for eavesdropping, likely not optimal results imo.
Seems if SM picked a spy pen for her phone convos, it was an appropriate tool. my2ct.

 

[Aloe]

I'm sure I'd need a "to do" list to pull off a crime, especially a murder. Then, RATS, where did I leave that list? Something as simple as a pill organizer could point to a date.
No idea of who owns the sky pen but it's possible it could be another "planted" piece like the bike. After all, it is supposedly Suzanne talking with another man.

Agree! Definitely could be a plant by the BM, it's right up his alley.
On the other hand, I keep going back to these thoughts: there needing to be a witness that knew about Suzanne using the device for her own spying, or a witness that participated in Suzanne's spy efforts (knowingly or unknowingly).
They must have some kind of proof that it is in fact Suzanne's voice recorded by the pen.
There are several variables to consider.

 

[Quiet Time]

I agree.

And after Suzanne got the word that her cancer was responding to treatment.

MOO.

Unbelievable....at a time when you would think your husband would be jumping for joy that your cancer has been responding to treatments, he's over here plotting her murder. What a ding dong!

jmo

 

[SouthAussie]

Agree! Definitely could be a plant by the BM, it's right up his alley.
On the other hand, I keep going back to these thoughts: there needing to be a witness that knew about Suzanne using the device for her own spying, or a witness that participated in Suzanne's spy efforts (knowingly or unknowingly).
They must have some kind of proof that it is in fact Suzanne's voice recorded by the pen.
There are several variables to consider.

The thing that makes me equivocate a little, about the spy pen, is that the defense said "Suzanne's spy pen recordings".

So, does that mean the recordings on Suzanne's spy pen? Or the recordings of Suzanne on the spy pen?
If the latter, one might think they would have actually said the recordings of Suzanne on the spy pen. But who knows.

Though, for the life of me I can't imagine why BM would leave it wherever it was found, if it was his spy pen. Having done such a seemingly thorough job of everything else.

I guess it will/should become crystal clear within a few weeks.

 

[Seattle1]

My take on the cross examination of Melinda: she is a grieving sister, who never disparaged Barry in the past, and barely did so even now. She believes in forgiveness. To go at her heavy handed, or appear to be argumentative with her, or attack her in any way, could really turn a jury. She is a sympathetic figure who has no reason to lie. To question her aggressively would not be a good idea.

I think it really depends on the experience and skill of the litigator. For example, I believe it was Ms. Nielsen that once very effectively crossed a grieving mother by simply getting her to admit that both her mother and brother committed suicide [BAM]! While the grieving mother previously found much sympathy with a grand jury, many believe it was because she was not effectively cross-examined during her testimony (i.e., cross not allowed in GJ).

Here's a hypothetical example: Let's say GM had a 20+ year history of lending his daughter and son-in-law thousands of dollars on a hand-shake, without default. And not until his later years and illness did the adult children become aware of his affairs -- insisting on more formal lending arrangements for SM/BM. If one believes BM, SM had very limited contact with her siblings for years until they learned she owed their dying father money...

In other words, a good litigator can plant doubt without being heavy-handed or argumentative with a grieving witness. Just the same, they can also make the witness seem overly defensive-- grieving or not.

IMO, BM has already given the prosecution many hints here, and I think the witnesses will be very well prepared for whatever comes their way.

 

[Seattle1]

The thing that makes me equivocate a little, about the spy pen, is that the defense said "Suzanne's spy pen recordings".

So, does that mean the recordings on Suzanne's spy pen? Or the recordings of Suzanne on the spy pen?
If the latter, one might think they would have actually said the recordings of Suzanne on the spy pen. But who knows.

Though, for the life of me I can't imagine why BM would leave it wherever it was found, if it was his spy pen. Having done such a seemingly thorough job of everything else.

I guess it will/should become crystal clear within a few weeks.

From my notes during the recent hearing, Suzanne's spy pen recordings were of Suzanne and another individual, AND Suzanne listening to messages from the same individual.

I disagree that it was clear during the hearing that the spy pen recording by SM was of a man, and that the man listening to the spy pen was in fact the man SM recorded.

From my personal, contemporaneous notes during the WebEx hearing, I recall that defense attorney IE referenced the spy pen audio twice. The first time was when the Judge was recounting the motion filed by the defense:

My notes...

Spy pen recording was reproduced for the defense; defense does not have the FBI enhanced version that they used to interview a consequential witness in this case.

FBI played the recording for a male witness. In the recording the defense received, they can hear the investigators interaction with the witness while he’s listening to the recording (but can’t hear the pen recording itself).

Second reference by IE requesting enhanced audio by FBI:

My notes...

One spy pen recording that Suzanne recorded—it was between her and another individual on the telephone AND also her listening to messages from this individual, that are extremely critical to the case. It’s acknowledged by FBI agent they are difficult to hear. FBI replayed messages for a male that listened using headphones.

MOO

ETA: OP previously took exception to MSM/Fox21 report citing SM record a male using a spy pen.

 

[Murphy1950]

From my notes during the recent hearing, Suzanne's spy pen recordings were of Suzanne and another individual, AND Suzanne listening to messages from the same individual.

@Seattle1 always appreciate your post but I'm missing something. So how does anyone know if it was Suzanne listening?

 

[seekingjustice**]

@Seattle1 always appreciate your post but I'm missing something. So how does anyone know if it was Suzanne listening?

Great question Murphy. Did BM find the spy pen and listen to the messages. Was this the trigger for planning her murder. I can't wait to find how this spy pen plays into the story.

 

[TIGER0822]

"Suzanne recorded" the spy pen??? Wow.

Can some one please tell me what a spy pen is. It sounds like something out of James Bond!

 

[TIGER0822]

MG is the big witness... Mass Guy?

^^Morgan is likely JMO IMO MOO

To me MG has always been the key to solving this investigation. @OldCop

 

[TIGER0822]

If LE arrest a mountain lion (ML), maybe he could become BM's cellmate,,,Probably lots to discuss...[/Q

 

[TIGER0822]

I actually feel horrible that the defense is eating BM money. BM daughters will need this money. They are both to young to be totally independent.

 

[Aloe]

Can some one please tell me what a spy pen is. It sounds like something out of James Bond!

In this case, I assume it's a recording device disguised as an ink pen. JMO

 

[Aloe]

The thing that makes me equivocate a little, about the spy pen, is that the defense said "Suzanne's spy pen recordings".

So, does that mean the recordings on Suzanne's spy pen? Or the recordings of Suzanne on the spy pen?
If the latter, one might think they would have actually said the recordings of Suzanne on the spy pen. But who knows.

Though, for the life of me I can't imagine why BM would leave it wherever it was found, if it was his spy pen. Having done such a seemingly thorough job of everything else.

I guess it will/should become crystal clear within a few weeks.

I sure hope so!
BBM BTW

 

[Ontario Mom]

To me MG has always been the key to solving this investigation. @OldCop

I'm curious why? Can you elaborate?

 

[Seattle1]

@Seattle1 always appreciate your post but I'm missing something. So how does anyone know if it was Suzanne listening?

From the court hearing, we really don't know how the spy pen recorder was used or who all listened to the recordings. All we know is that it was Suzanne doing the recording. We also know that the FBI played the pen recording they recovered (and enhanced the audio) for a male witness and that he wore headphones when listening.

I appreciate you too, @Murphy1950

 

[Ontario Mom]

I actually feel horrible that the defense is eating BM money. BM daughters will need this money. They are both to young to be totally independent.

They're both legal adults at this stage.
Countless millions(?) of people their age were completely independent once they reached 18.

That being said, based on everything we know, I suspect it was Suzanne's hope that the girls be taken care of financially. Likely the investment into such a nice home in CO was ultimately an investment into the girl's futures.

BM has seen to it, this will not happen.
IMO, the girls are on their own, and they have no one to thank, but dear old dad.

jmo

 

[Seattle1]

Can some one please tell me what a spy pen is. It sounds like something out of James Bond!

I found this spy pen video fascinating -- watched it twice!

Google is your friend: the following post is for information purposes only. The actual brand/type of "spy pen" referenced in the discovery hearing was not identified.

Jan 2019 -
Digital Audio Recorder Spy Pen by Arssilee Review

 

[yurintroubl]

From my notes during the recent hearing, Suzanne's spy pen recordings were of Suzanne and another individual, AND Suzanne listening to messages from the same individual.

The following is unlikely... but not out of the realm of possibility:

Perhaps we aren't thinking the word "messages" properly. The messages may not be recorded from a device... rather they are messages from an individual directly. The pen could be passed back and forth between 2 people who are leaving messages directly for each other. "Indirect Direct Communication" of sorts. This would make sense if Suzanne had a PI or some other individual in her corner keeping tabs on Barry. The pen hand-off could take place during Suzanne's "alone time" - which in my mind means somewhere on a hiking/biking trail any number of times throughout any given week.