Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #68 *ARREST*

[O.Incandenza]

The DOMESTIC VIOLENCE line that was added after he was arrested, probably bumped it back up to M1 if it was ever an M2 consideration. If it had been a "crime of passion" (M2), and there was no history of domestic violence, prosecution may have been willing to go down that road. I am not a lawyer but it makes sense in my head.

First degree murder requires proof of premeditation. Something can't be bumped from second degree to first degree because it was domestic violence or because of how the body was disposed. So the prosecution believes they have evidence there was at least some deliberation on BM's part. It wasn't a pure act of rage. I imagine we'll hear about that proof soon.

 

[LaborDayRN]

Is the hearing continuing tomorrow?

Yes.

 

[Boxer]

The whole 2:47 am or pm thing is so frustrating!
This is why I only use 24-hour clock military timing.

You'd think that LE and courts of law would as well.

But then again, I s'pose there'd probably be even more confusion amongst those who don't grasp the 24 hour correlation well enough.

jmoo soz

I think Walker used it.

14:47 5/9 last time Suzanne known to be alive.

 

[marylamby]

I don’t think that was their intent, but the defense dragged it out on cross, so it wound up being the result.

I haven’t ever seen the defense do that to this extent. Barry is certainly getting his money’s worth.

You know what they say about a good offense. It's quite possible that they've got nothing.
If JL has a solid alibi, ain't gonna wash but the imprint of Suzanne's horrible sin (GASP!) will have left an impression on a certain segment of society and this was their lame resort to muddy the waters.
Wait until Barry's indiscretions are revealed. Will they be treated differently because he's a man and disregard his abuse?
Yeah, that could very well happen but all of this is incredibly premature without knowing anything else in the AA, at this point.
Defense may also be dragging this out hoping that the pertinent evidence doesn't rear it's ugly head in these first two days. The general public (potential jurors included) sometimes don't have an enormous attention span but they WILL remember that Suzanne had an affair, whatever that means. I think that's what they're counting on.
Some people commenting here are giving said affair a great deal of attention.
See, it works and his lawyers know it.
IMO

 

[Deleted member 222031]

That true crime thing shocked me. People have been talking about that rumor for a long time, and I never bought it for a second.

The fact that he’s been charged with first degree murder though, means that he didn’t listen closely enough.

If was probably some knock off version, “Fornesic Flies.”

Hilarious! The whole bicycle & work alibi thing was never gonna be successful!

 

[marylamby]

Did Melinda Morphew in one of her interviews suggest that Barry had had affairs in Indiana prior to their move to Colorado? It was the reason they wanted to move and make a fresh start. Am I misremembering here?

She absolutely alluded to it among other things.

 

[Boxer]

That’s all true. But it still doesn’t change the fact that the affair was a ray of sunshine in the midst of a lot of bleakness for her. She was probably feeling pretty desperate.

I start with the premise that one capable of murder is evil and has the ability to make the lives of his or her loved ones, miserable. When we add in the facts we are hearing about his abusiveness and control, that makes it all the more true, for me.

Domestic violence is the issue in this case, IMO. Because to me, it’s that which often prevents a person from getting out and seeking a deeper and fuller happiness and a safe life apart from the abuse.

There are so many layers to DV. The fear it causes. The feeing that there is no way to escape. The beaten down self-concept that makes a victim believe he or she isn’t worthy of something truly good.

She sought a ray of sunshine and she got it. I’m glad she had at least that before her life was taken from her.

Agree. MOO He was trying to use his overpowering strength to terrorize her to death already.

 

[gitana1]

First degree murder requires proof of premeditation. Something can't be bumped from second degree to first degree because it was domestic violence or because of how the body was disposed. So the prosecution believes they have evidence there was at least some deliberation on BM's part. It wasn't a pure act of rage. I imagine we'll hear about that proof soon.

Apparently, not in CO. One of the ways a person can be found guilty of 1st degree murder is:

• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;

That would cover sudden rage killings.
First Degree Murder Laws in Colorado - 18-3-102 CRS

 

[Deleted member 222031]

You know what they say about a good offense. It's quite possible that they've got nothing.
If JL has a solid alibi, ain't gonna wash but the imprint of Suzanne's horrible sin (GASP!) will have left an impression on a certain segment of society and this was their lame resort to muddy the waters.
Wait until Barry's indiscretions are revealed. Will they be treated differently because he's a man and disregard his abuse?
Yeah, that could very well happen but all of this is incredibly premature without knowing anything else in the AA, at this point.
Defense may also be dragging this out hoping that the pertinent evidence doesn't rear it's ugly head in these first two days. The general public (potential jurors included) sometimes don't have an enormous attention span but they WILL remember that Suzanne had an affair, whatever that means. I think that's what they're counting on.
Some people commenting here are giving said affair a great deal of attention.
See, it works and his lawyers know it.
IMO

It might work for 24 hours. It adds interest, for sure. We're only human out here in speculation land. But a jury will be faced with FACTS and EVIDENCE. 129 pages of AA can't all be about this one aspect of the case.
MOO

 

[Boxer]

i wonder if they found her phone.
Some of this seems like it could only cone from the phone itself.

 

[StarrDetective]

i wonder if they found her phone.
Some of this seems like it could only cone from the phone itself.

He hid her body well enough. There’s no way that phone was found. Imo

 

[*Verdigris]

nm dbm

 

[MassGuy]

i wonder if they found her phone.
Some of this seems like it could only cone from the phone itself.

I think it came from her iCloud. We do know they subpoenaed those records.

 

[Cindizzi]

i wonder if they found her phone.
Some of this seems like it could only cone from the phone itself.

LE said it’s never been found and the charger for it that she kept plugged into the wall by her bed has never been found either.
All of the texts they went over today between her and her girlfriend SO ( going back to 2018) they got from SO phone or the Cloud.
SM and the boyfriend JL didn’t text, they used apps to keep it top secret so I think LE got that from her iCloud. There were several laptops and Kindle mentioned in a different hearing but they haven’t had anyone testify about those yet.

 

[Cindizzi]

In LS YouTube tonight she said she sat on the front row right behind the Prosecution so she had a pretty good view of BM and family.
She said BM stared at her a couple of times.
Then she said she heard that he winked at another reporter.
She didn’t laugh, she kinda shrugged and said very deadpan He didn’t wink at ME.
Eww

 

[Boxer]

LE said it’s never been found and the charger for it that she kept plugged into the wall by her bed has never been found either.
All of the texts they went over today between her and her girlfriend SO ( going back to 2018) they got from SO phone or the Cloud.
SM and the boyfriend JL didn’t text, they used apps to keep it top secret so I think LE got that from her iCloud. There were several laptops and Kindle mentioned in a different hearing but they haven’t had anyone testify about those yet.

Looking forward to it.

 

[Rolo]

Apparently, not in CO. One of the ways a person can be found guilty of 1st degree murder is:

• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;

That would cover sudden rage killings.
First Degree Murder Laws in Colorado - 18-3-102 CRS

It seems to me we heard evidence today that supports both a possible act of rage and first degree murder. I can certainly imagine that he came home early from work to “make the wife happy” and discovered communication between Suzanne and JL, or had perhaps discovered it remotely from his worksite. If so, the narcissistic injury would have produce immense rage. But the FBI info that both doors to his truck were opened simultaneously, makes it sound like he did not act on his rage immediately, but rather went somewhere in his truck with Suzanne. And returned without her, (only one truck door opened). There was time and intent between the time he got home and going wherever they went in his truck. I can’t find the post with the exact times of the simultaneous truck door openings and the later single door opening, but that window of time is looking very suspicious, in terms of silence from Suzanne’s phone/social media and likely time of death.
Poor Suzanne. My heart hurts for her and her family and dear friends.

 

[Cindizzi]

Looking forward to it.

Me, too. And the surveillance video from the Holiday Inn Express and the 100 photos taken at the house.

 

[Aloe]

I'm not passing judgement of Suzanne for an affair. I think she had been in a loveless marriage with violence and control for a very long time. It doesn't make her less of a person, nor does it diminish the culpability of BM.

Suzanne is the VICTIM here, not her actions.

Exactly, thank you! I don't know why anyone would be surprised by the revelation.

 

[O.Incandenza]

Apparently, not in CO. One of the ways a person can be found guilty of 1st degree murder is:

• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;

That would cover sudden rage killings.
First Degree Murder Laws in Colorado - 18-3-102 CRS

Really? That sounds like depraved heart murder to me. It's interesting that it's first degree in Colorado, but I would be surprised if it applies to a case like this.

If you look at the Colorado jury instruction for that prong of first degree murder, it reads like this:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally,
5. engaged in conduct which created a grave risk of death to a person, or persons, other than himself [herself], and
6. thereby caused the death of another.

BBM
I think that's more applicable to something like gang members shooting up a house or lighting a building on fire with people in it. And the cases I looked up that reference that prong seem to all be of that sort.

I would think that a spousal murder targeting one specific person would definitely fall under the 1(a) prong which requires deliberation. And the complaint does cite 18-3-102(1)(a) instead of 1(d).