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

[Boxer]

iDK hmm is This a tactic? A strategy? I think it is…

JMO

Jurors for the Fallis case said the DA was incompetent and prosecution witnesses were not credible.
That belief was the achievement of Nielsen and Eyten.

MOO DA needs to hire more help to get in front of the case.

That the defense tactic.
Sound like the DA is going to walk right into it.

 

[MassGuy]

On Tuesday, I speculated that today's hearing was probably going to be about the defense complaining about the volumes of discovery they received-- or didn't receive:

Listening to the hearing today on WebEx -- I made note of one thing to look for when we receive the AA -- specific to page 92.

From today's hearing, it seems that FBI met with BM on 4/5/21. During this hearing, they showed BM 26 Exhibits, placed them in front of him, and discussed them with BM.

No idea what these Exhibits are about until we can read page 92!

(i.e., Defense is looking for the 26 exhibit packets -- couldn't locate them in the discovery they received from the State).

Remember back when Barry said something to the effect of “I had 3 30 hours of interviews with them?”

He no doubt buried himself there.

I have the feeling this final one will be just as consequential. I cannot believe he ever sat down with them again, let alone offered responses to 26 individual pieces of evidence.

It’s going to be the final nail.

 

[Cindizzi]

Remember back when Barry said something to the effect of “I had 3 30 hours of interviews with them?”

He no doubt buried himself there.

I have the feeling this final one will be just as consequential. I cannot believe he ever sat down with them again, let alone offered responses to 26 individual pieces of evidence.

It’s going to be the final nail.

Oh he wished April 5 was the final FBI interview.
He met with them near Franz Lake on April 22 to explain his Ballot Fraud/Forgery.

 

[Knox]

Eytan said they have the original audio of the spy pen, which she said was very hard to hear, instead of the FBI-enhanced versions. Eytan said in one recording, Suzanne can be heard talking to a man on the phone, and noted there are other recorded messages from the same individual, which she said were extremely critical to the case.

RSBM-
Extremely critical to the case- because it's damaging or helpful evidence for her client?

 

[Seattle1]

Remember back when Barry said something to the effect of “I had 3 30 hours of interviews with them?”

He no doubt buried himself there.

I have the feeling this final one will be just as consequential. I cannot believe he ever sat down with them again, let alone offered responses to 26 individual pieces of evidence.

It’s going to be the final nail.

And this meeting with FBI was only 30 days before his arrest. I doubt he had a good night's rest since that date! And that also makes me happy...

 

[crhedBngr]

Spy pen? In many states you have to notify an individual if you are going to make an audio recording of them.

Yes.

California has "two party consent" laws.

in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, one exception allows that if a conversation taking place in public, within government proceedings, or under conditions where one could be easily overheard is recorded, this cannot be punished under California’s eavesdropping statute. Cal. Penal Code § 632.

California Recording Laws - Recording Law

 

[MassGuy]

And this meeting with FBI was only 30 days before his arrest. I doubt he had a good night's rest since that date! And that also makes me happy...

Yup, and I don’t think it’s a coincidence that law enforcement presented their case to the DA in mid April (if I’m recalling the presser correctly).

In effect, Barry was sitting on his own grand jury when he sat down with feds on April 5.

 

[Seattle1]

Yes.

California has "two party consent" laws.



California Recording Laws - Recording Law

Except this is a Colorado case -- not California. And Colorado is one-party consent.

In the example of SM recording, it's perfectly legal to record if you are a party to the conversation.

Recording conversations legally is pretty easy in Colorado. “Colorado recording law stipulates that it is a one-party consent state.

In Colorado, it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. …

When is recording conversations legal in Colorado? - Civil Rights Litigation Group

 

[rainbowshummingbird]

Yup, and I don’t think it’s a coincidence that law enforcement presented their case to the DA in mid April (if I’m recalling the presser correctly).

In effect, Barry was sitting on his own grand jury when he sat down with feds on April 5.

I am shocked how much talking Barry did with LE and the FBI without having an attorney present. It is crazy, especially for a guilty man who had plenty of money to hire an attorney. Barry must have thought he had the situation handled.

IMO

 

[crhedBngr]

That's going to get those new teeth grinding.

I'm in California, and I can hear them grinding all the way out here!

 

[Knox]

I'm late to the party, but thought I would link Lauren's tweets on today's hearing. If you read from bottom to top, she does a great job of recapping key points.
https://twitter.com/LaurenScharfTV

What I found most comical were BM's attorney's whining comments regarding the DA's discovery submittals, and issues with the hard drive. I loved the DA's responses, as well as Judge Murphy's. BM chose/hired from the apples found under his own tree

 

[marylamby]

On Tuesday, I speculated that today's hearing was probably going to be about the defense complaining about the volumes of discovery they received-- or didn't receive:

Listening to the hearing today on WebEx -- I made note of one thing to look for when we receive the AA -- specific to page 92.

From today's hearing, it seems that FBI met with BM on 4/5/21. During this hearing, they showed BM 26 Exhibits, placed them in front of him, and discussed them with BM.

No idea what these Exhibits are about until we can read page 92!

(i.e., Defense is looking for the 26 exhibit packets -- couldn't locate them in the discovery they received from the State).

I wasn't sure if they said they showed the 26 exhibits to BM or someone else. If it were BM, maybe they were pieces of evidence whether phone texts or statements from investigators etc. in the hopes that he'd confess.
Could be why he decided to get out of Dodge and started making plans.

 

[marylamby]

Jurors for the Fallis case said the DA was incompetent and prosecution its witnesses were not credible.
That was the achievement of Nielsen and Eyten.

DA needs to hire more help to get in front of the case.

That the defense tactic.
Sound like the DA is going to walk right into it.

Even after their exhaustive citing of sanctions imposed upon the DA, the judge wasn't buying it. I'm not worried.

 

[Seattle1]

For clarification on the defense complaints and the mirror files provided by the prosecutor via Rocky Mountain Regional Computer Forensics Laboratory (RCFL), here's the link to the RCFL.

About — RCFL

Per the State, RCFL burned the mirror images provided to the defense.

 

[DeDee]

You’re not crazy. This spy pen has my head spinning. I hadn’t thought of the scenario you imagine, but I am thinking that the way the Defense said it was a very consequential witness and critical to the case… might mean critical to THEIR case as in something not flattering to SM or something to sow doubt.

I agree the Spy Pen recordings may not be meant to behoove Suzanne since the Defense so desperately wants a decent copy of the recordings. Why would Suzanne record matters that could harm her yet would help exculpate Barry in any fashion?

A few weeks ago, I predicted not everything in the investigation will be favorable to SM bc she's human to err as all of us can do. Why would there be a Spy Pen found with recordings of Suzanne and a male - who's not her husband - that the Defense seems eager to determine from decent video copies? What a wicked twist this Spy Pen may be.

 

[Janeumayer]

Judge: Are we all in agreement that the enhanced version of the spy pen recording exist?

Prosecution: I have no personal knowledge . But I’m not saying it doesn’t.. ( couldn’t understand the rest).

…IE kinda smirked and shaking head..

Judge : Ms. Eytan, are you not able to make out what’s being said in those spy pen recording?

IE : Ohh you can’t at all.. it’s very hard to hear.it’s very weak .. especially uh., this is honestly uh., the one spy pen recording that uh Suzanne recorded was between her and another individual taking on the telephone and her also listening to messages from this individual that are extremely critical to the case and it’s acknowledged by FBI Agent Grusing that they are hard to hear and that they actually had to go back and get them them enhanced. So all that’s in Discovery so uh we know that but the Prosecution doesn’t know that .. which is a problem.. right now but you can hear that they played that enhanced version. Or otherwise the individual that they played them for would have never been able to hear …. ( couldn’t understand the rest).

Could the individual they played the recording back to be MG?

I also wonder if there might have been a hit man for hire scenario involved here? Maybe Suzanne intercepted some communications between BM and prospective killer(s)? Maybe that’s why Suzanne knew she was in imminent danger.

 

[Seattle1]

Lauren Scharf @LaurenScharfTV

For the first time in the murder trial of Barry Morphew, lawyers openly discussed evidence related to his wife, Suzanne, who was reported missing from her Chaffee County home over Mother’s Day weekend in 2020.



Spy pen, surveillance video, cell phone data discussed in Barry Morphew hearing
CHAFFEE COUNTY, Colo. — For the first time in the murder trial of Barry Morphew, lawyers openly discussed evidence related to his wife, Suzanne, who was reported missing from her Chaffee Coun…
fox21news.com
7:40 PM · Jul 22, 2021

_________________

Fox 21 must have made it to Salida to photograph the courtroom door!

 

[crhedBngr]

Except this is a Colorado case -- not California. And Colorado is one-party consent.

And, I am so glad this is the case!

 

[TKG]

I had the same vibe. It sounded like the pen had recorded a conversation between SM and a man, and they attempted to play it back to the man. If so, why? Perhaps he did not initially come forward as a witness, but upon hearing confirmation that LE knew he had critical information, he then became a “consequential witness.”

Speculation: Could he be the husband or boyfriend of a paramour of Barry’s? I’m thinking Suzanne may have called a man to let him know he, too, was being cheated on. I can see a man not wanting to come forward in that scenario, as it would expose his wife’s or girlfriend’s involvement with Barry.

That's a BAM!!

On Tuesday, I speculated that today's hearing was probably going to be about the defense complaining about the volumes of discovery they received-- or didn't receive:

Listening to the hearing today on WebEx -- I made note of one thing to look for when we receive the AA -- specific to page 92.

From today's hearing, it seems that FBI met with BM on 4/5/21. During this hearing, they showed BM 26 Exhibits, placed them in front of him, and discussed them with BM.

No idea what these Exhibits are about until we can read page 92!

(i.e., Defense is looking for the 26 exhibit packets -- couldn't locate them in the discovery they received from the State).

Did they specifically mention page 92? I missed that!

 

[Megnut]

Dear Barry's Defense Team,

If you are concerned about these 20-some pieces of evidence which were laid out for Inmate Morphew to look at, and the Prosecution won't highlight which items those were, of the multitude of items of evidence your client left in his wake, here's a thought -- ask your client.

Signed,

Heezt O'ost

JMO