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

[SouthAussie]

I'm also suspicious that it was BM doing the spying as it fits perfectly into the type of behaviours we see from abusive partners.
<RSBM>

I wonder if it was not a spy pen that belonged to Suzanne, if the defense would have said this.

"Suzanne's spy pen recordings" (at 49:15 in this video)

Would they not have more likely said 'the' spy pen recordings?

I think it is more likely than not that it was Suzanne's spy pen, because I think the defense will jump at any opportunity to make Suzanne look devious or underhanded, because 'we don't see any evidence that Suzanne is deceased' (in their words) so she could have underhandedly just ran away and be hiding (by their presumed professional tactics).

 

[oviedo]

Yellow! What’s the question?

Wanna bet that the spy pen is ultimately ruled inadmissible? This is the beginning of gutting the prosecution’s case. All testimony that would be a result of the spy pen would never see a courtroom. And a consequential witness is part of that. It was enhanced, and I imagine there will be a lot of back and forth as to whether it should only appear in its original form-which means it might be garbage.

Hey my friend @gitana1 it’s the admissibility of the spy pen !!

 

[Seattle1]

What is a "spy pen" !?

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

 

[genuineusa77]

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

Yes, of course google! An early morning and late night for me, I wasn't thinking! It's kind of a cool gadget!

 

[Seattle1]

Yes, of course google! An early morning and late night for me, I wasn't thinking! It's kind of a cool gadget!

Agree. I watched the video twice -- very intriguing!

 

[Boxer]

Agree:
Defense is going to be "I didn't do it."

1. Eliminate evidence.
2. Present alternative theory.
3. Assasinate the professionalism of the DA, and character of prosecution witnesses.

Absolutely MOO.
It's game on and the DA whiffed returning the first serve.

 

[MassGuy]

Agree:
Defense is going to be "I didn't do it."

1. Eliminate evidence.
2. Present alternative theory.
3. Assasinate the professionalism of the DA, and character of prosecution witnesses.

It's game on and the DA whiffed returning the first serve.

How exactly did the DA “whiff” here?

 

[24Brix]

Well, once again I’m a dozen pages behind. Apologies if this has already been discussed, but here are a few random thoughts, MOO as always, on the “spy pen”.

First, I agree with those who are saying this isn’t something Suzanne procured for herself. If the pen belonged to SM then it was provided to her by a confidante, a DV advocate, or similar.

Second, In this day and age there’s no good reason for poor audio quality unless the pen was far away from the conversation or buried in her purse or a desk drawer or something. I think it was tucked away and that it was set to record by voice activation.

Third, and perhaps less likely, but I could be convinced to see this being BM’s super-secret spy pen that he himself set to capture conversation(s) SM was having with someone he didn’t approve of. Could this be something that was found at the Salida construction site that, in the beginning, “could not be connected to the case”? Sweet irony, if so. Toss it in a storm drain or a trash can and it would soon be ruined or gone forever. But bury it and cover it with concrete and it would probably be protected from the elements and survive for a good long time.

Regardless, the poor audio quality tells me that whoever placed this pen was using it passively. If it were in their hand or laying on the desktop when the recordings were made those recordings would have been crystal clear.

Again, MOO. I look forward to learning the truth. Because the truth will set some people free. But other people? It locks them up forever…

 

[Boxer]

How exactly did the DA “whiff” here?

My opinion only. They absorbed the damage of the first check in a potential "pattern" of not turning over evidence to the defense in a timely manner.

 

[MassGuy]

My opinion only. They absorbed the damage of the first check in a potential "pattern" of not turning over evidence to the defense in a timely manner.

You’re talking about a staggering amount of evidence, and the judge didn’t find that it was intentional.

A lot of it was technical stuff, that was compiled by other agencies. There wasn’t even a remote chance that there weren’t going to be issues with that, as one terabyte is equivalent to 500 hours of video.

There’s a hell of a lot that can go wrong there, especially when you’re dealing with many different types of data (audio, video, phone download data, etc).

This sort of thing has happened in countless cases I’ve followed, and none of them had anywhere near this much evidence.

 

[DizzyB]

You’re talking about a staggering amount of evidence, and the judge didn’t find that it was intentional.

A lot of it was technical stuff, that was compiled by other agencies. There wasn’t even a remote chance that there weren’t going to be issues with that, as one terabyte is equivalent to 500 hours of video.

There’s a hell of a lot that can go wrong there, especially when you’re dealing with many different types of data (audio, video, phone download data, etc).

This sort of thing has happened in countless cases I’ve followed, and none of them had anywhere near this much evidence.

It’s a lot. I send files for work on a daily basis, and we have lots of conversations about compressing files and opening zips and optimizing and reducing file sizes. I would imagine that the prosecution geek talks to the defense geek and tries to figure it out (I use geek in the most highest praise), but I don’t know the dynamics between the two. I encounter plenty of corrupt files and have to work with others to obtain necessary info. I don’t know if it’s intentional or just the way of the world. But the defense will use it for whatever means, so the prosecution needs to ensure this is not something that can be used against them to free Barry.

 

[marylamby]

My opinion only. They absorbed the damage of the first check in a potential "pattern" of not turning over evidence to the defense in a timely manner.

IIRC, there were no sanctions. Some of the evidence had not yet been forwarded from the FBI (or CBI) but were expecting it presently. It's not there fault that the defense's IT guy is either lame or wasn't instructed to contact the lab - that's their job.
The prosecution had been in continued contact with the defense regarding these matters. The only matter the judge took issue with was that some of the evidence in the AA wasn't delivered timely. A slight reprimand/reminder to get it all together within the week.
No sanctions even after the longest winded cry-me-a-river/try anything possible I've ever had to endure. Their serve hit the net twice.
I'd call that a win for the defense.

 

[Boxer]

You’re talking about a staggering amount of evidence, and the judge didn’t find that it was intentional.

A lot of it was technical stuff, that was compiled by other agencies. There wasn’t even a remote chance that there weren’t going to be issues with that, as one terabyte is equivalent to 500 hours of video.

There’s a hell of a lot that can go wrong there, especially when you’re dealing with many different types of data (audio, video, phone download data, etc).

This sort of thing has happened in countless cases I’ve followed, and none of them had anywhere near this much evidence.

True.
MOO the trial will take place before a jury who won't have the perspective.

I am just worried that E and N's formula in the Fallis case will work in this case too.

 

[SouthAussie]

There was a bit of talk also about the 'active discovery' system - which is fairly new in CO.
(refer to the video linked in post #823)

This system is hoped to make all discovery items easily accessible and openable to all relevant participants.

The prosecution used this system in their 2nd attempt to provide the already-provided evidence.

Log in to eDiscovery - Colorado Criminal eDiscovery

 

[MassGuy]

True.
MOO the trial will take place before a jury who won't have the perspective.

I am just worried that E and N's formula in the Fallis case will work in this case too.

That case was very different though; it was totally winnable.

It was either a murder, or it was a suicide. I could have gone either way on that one, which is to say I would have found him not guilty.

 

[Whitneyh]

If the spy pen was purchased and used by Barry to record Suzanne, wouldn't Barry make a big deal about it when she went missing? Wouldn't he make sure we all knew about it when he was pitching his theories about what happened to her? Wouldn't he have given it to LE back then and said, "You need to check this guy out" ? MOO.

I still think the spy pen is favorable to the defense in some way. He is a nut job and this is gig, laughing that he got us all again thinking it's hers. This is a vindictive, manipulative Barry move. Also, think his attorneys should just go down to grand Central station county jail ask their client the questions he was there that night he knows better than anyone

 

[Boxer]

That case was very different though; it was totally winnable.

It was either a murder, or it was a suicide. I could have gone either way on that one, which is to say I would have found him not guilty.

The Fallis jury in exit interviews specifically said they felt the DA was unprepared and the prosecution witnesses not credible.
My opinion is that E and N were able to create that perception.

 

[Boxer]

Dbm duplicate

 

[Momofthreeboys]

I'm also suspicious that it was BM doing the spying as it fits perfectly into the type of behaviours we see from abusive partners.

As to the question of why wouldn't he get rid of it.... well we don't know how long ago the recording was taken, so it could easily have been overlooked and completely forgotten about in the rush to clean up the crime scene, stage the crime, get rid of the body and create the alibi.

BM could have suspected/sensed that SM was getting close to someone and sharing personal information with them which I imagine would be extremely threatening to someone like BM who needs to be in control and had gone out of his way to isolate her from family and cut off her support network. The spy pen could have been just one of many in his arsenal of tools in order to control SM.

I'm curious to find out how LE found the spy pen, was it just a lucky find during their search or were they tipped off by someone.

But this theory opens with the supposition that Barry was an abusive husband…we don’t know if that is even a true statement. And now the recording pen that prosecution and defense attributed to Suzanne is now Barry’s? I think things are what they are. Trying to “fit” circumstances to create a theory still has to encompass the facts.

 

[MassGuy]

The Fallis jury in exit interviews specifically said they felt the DA was unprepared and the prosecution witnesses not credible.
My opinion is that E and N were able to create that perception.

The facts were on their side in that one, and I’m not the least bit worried about the facts being on their side here.

They’re great attorneys, there’s no doubt about that. But I’m confident that the evidence is going to speak for itself.

August 9th can’t come soon enough!