I will post link for word doc when i am done with both days. I just haven't figured how to keep same link after i make changes. It gets so confusing. Hope this works.
This is my interpretation of what I heard. This information has been
provided for use and discussion at Websleuths only.
Day 3 - Most of Morning Session
0808 AM – BM brought in, hugging and padding back of his lawyers, mask over nose this time, wearing grey suit.
0812 AM – Judge Murphy enters.
Agent Grusing re-cross by DN
“
BM shoots chipmunks” as per interview dated 2/28/21 – BM says “when I am at home, I just walk around and shoot them”, DN asks Grusing if BM verbalized in “general terms” that he shot 85 chipmunks, Grusing responded “Yes”.
“
trash runs” –
#1: Bus stop in Broomfield, same exit ramp as Holiday Inn, BM reportedly threw away “junk, wrappers, and cans”, no pic exists of BM throwing anything away.
#2: On Southside of Holiday Inn, no pic or video of BM throwing away trash, DN stated that BM “is type who doesn’t like to pay for things”, that is reportedly how BM described BM, they discussed that hotel cams caught BM walking in hallway with boots and some type of blue garment in his hands, DN theorizes if BM had anything to hide he would have packed these items in a backpack, BM reported that it was an old pair of boots that had holes, he reportedly threw away “other junk that was in the truck”.
#3: McDonalds,
this is where we actually see BM throwing away trash for the first time, he reportedly just used trash cans and decided not to eat there, reportedly threw away “wrappers and bottles that had accumulated from the work week”, trash can was located next to F350.
#4: Carwash, “my truck is a mess and don’t want to pay for trash”, “had time as not as much work on wall as he had thought”, then Men’s Warehouse parking lot, BM denied that he threw anything away, again no video of throwing away trash.
#5: After BM went to worksite, video of BM throwing away “stuff”, “landscaping item” (plastic tree pot” from a nursery in Salida), junk from his truck, slowly walks across parking lot, parking lot with “ton of” visible surveillance cameras, DN asks “would a person that has something to hide do that? Coming from Salida, moving through non-urban corridor, to Broomfield to throw away stuff in daylight and under the eye of surveillance cameras? “
May 10, 2020:
12:43 pm – about 5 pm: BM not leaving room as per Prosecution, as per Cellebrite report and telematics, BM made calls at 11:18 am (to Morgan G.), 11:20 am (to SM), 12:06 PM (to MalM), 12:42 PM BM enters hotel.
1:45 PM & 2:19 PM – Calls to Cassidy C., went through BMs truck as per telematics.
5:45 PM – Call to Martin Ritter. Also went through BMs truck as per telematics.
è
So BM in truck not room at 5:45 PM as per DN (implying Prosecution is incorrect).
è
Grusing had to confirm that these calls were on the BERRLA, but that BERRLA doesn’t have GPS coordinates, and that BERRLA has gaps.
Agent Grusing by Mr. Lindsey/Prosecution
- Discussion about Bluetooth and that BMs phone may have connected from room to F350.
- Furthermore, Mr. Lindsey informed that the F350 may have registered phone calls that were previously made.
Agent Grusing re-cross by DN
- DN asks Grusing if Bluetooth still works if the vehicle is off.
- DN asks Grusing if the camera in hallway would have captured it if BM came out of hotel room.
Andy Moorman trying to enter Webex. Prosecution makes Judge aware of this.
DEFENSE EXHIBIT JJ: Photo of tranquilizer dart cap that was found in the dryer. Not shown.
DEFENSE EXHIBIT KK: Tranquilizer gun kit found in garage, Page 3, defense shows that the darts do not have a cap, but that the needle/syringe that comes with the kit does. The needle/syringe is used to inject the tranquilizer dart. The darts do not come prefilled.
DEFENSE EXHIBIT LL: Photo of dart manual found in garage. No shown.
DEFENSE EXHIBIT MM: Full dart manual, on Page 8: How to fill device: load syringe, device 45-degree angle, fill, keep upright. Not shown.
“
tranquilizer dart/gun” – A tranquilizer dart is shot from a tranquilizer gun, no chemical/vial found at Puma Path, BM reportedly stated “I don’t recall having any left” and that it “could have been part of the trash run”, BM “no ideal” why cap in dryer, DNA mix of 2 individuals on cap with BM reportedly excluded, tranquilizer gun reportedly did not work, there is a body cam video in existence where a LE officer stated that the tranquilizer gun is not working. They was not played in the courtroom.
May 6, 2020 – SM with Jean Ritter from 9 AM until 11 AM at the Ritter’s house for coffee, SM appeared “energetic and excited” as per Jean Ritter.
After May 6, 2020 – Multiple messages between BM and SM.
May 8, 2020 - 6:45 AM BM at DSI, SM list saved (
I don’t know what that means),
10:02 AM SM to BM under 3-minute phone call,
2:49 PM: BM to SM: “Working on … job”
SM to BM: “Hey”
BM to SM: “Stop by if you can”
SM to BM: “Where?”
BM to SM: “Bring drinks and I will show you around”
SM to BM: “Will probably ride first and finish chapter”
6:30 PM SM and BM at Moonlight Pizza together
May 8, 2020 - SMs Facebook is reset. Befriending multiple men. Up to early in the morning.
May 9, 2020 –
6:45 AM BM at DSI,
8:49 AM SM to BM,
4:43 PM SM to BM (SM informed BM that she was studying),
4:49 PM 7-minute phone call between SM and BM,
5:15 PM SM texted BM.
May 9, 2020 – BM at Tailwinds Job Site and the 105 job site, I wrote “responding to FB requests”,
but can’t remember what that was about, BM to SM “Want to hike?”, SM to BM “Where?” and so on.
è
The point defense is making is that there were “multiple cordial communications initiated by SM after she was supposedly “done”.
11:11 AM: BM at Poncha Springs Lumber.
11:14 AM:
Password change on SMs Facebook. (
I CANNOT REMEMBER THIS BUT WROTE IT DOWN)
11:15 AM: BM driving towards Puma Path.
11:27 AM: BM at Puma Path.
11:30 AM to 1:40 PM: Both phones at Puma Path.
1:41 PM: BM left.
1:42 PM: SM message to JL “Guess who is alone again” and “He is always gone”
2:07 PM: SM to JL via Linked In.
2:11 PM: SM to JL via Linked In “I am on What’s App”
2:31 PM: BM to SM “Did you leave?”
2:39 PM: JL to SM “Half of crew is back” (kids, wife), (indicating that he can’t talk now?)
2:44 PM: BM back at Puma Path.
May 10, 2020:
3:58 AM: BM phone “northwest” of home, approximate area where bike was recovered, Grusing had to confirm that “not confident” about location due to “static drift”, then they talked about a “straight line” and that that would be “almost impossible”.
Then talked about Salida Stove & Spa and that driving from Puma Path to Salida Stove & Spa would be 18 – 19 miles’ roundtrip. She asked “Is it just a coincidence that 19 miles are missing?”
Agent Grusing by Mr. Lindsey/Prosecution
“
18 – 19 missing miles” – Mr. Lindsey brings up that BM turned left on US50, BM informed that he turned left in a March 2021 interview,
“Did you turn right or left?”, “Left”, “Why?”, “Saw a bull elk and followed elk to see when he would shed his horns”, went to Garfield turnaround.
BUT, antlers shed in Fall, not Spring!
“
telematics” and “
phone” –
May 8, 2020 – 2:27 PM until 10:27 PM phone in airplane mode.
May 9, 2020 – 2:44 PM and 4:44 PM driver door closed, slight drift in latitude, but no evidence that the F350 moved.
May 9, 2020 – Defense brought up calls at 12:02 AM and 2:17 AM, Grusing confirms that these “calls” do not appear to be phone calls, reviewed page 12 on the CAST report, no calls/texts, “signaling calls?”, not showing up in SMs incoming or outgoing calls. The same goes for “calls” made in the early am of May 10, 2020.
LAST REGISTERED CALL ON SMs PHONE ON MAY 9, 2020 LATE AFTERNOON. BMs phone in airplane mode May 9, 2020 10:17 PM until May 10, 2020 4:30 AM. Lindsey asks Grusing if this is enough time to get rid of a body and Grusing replies “yes” and then Lindsey or Grusing stated “Gave him 3-hour roundtrip to do what he needed to do”.
May 10, 2020 – BM at Broomfield hotel, 12:29 PM pulled back in, no evidence that F350 moved in afternoon, not at wall because not as much work as he anticipated, went back to hotel at 12:29 PM, “Went to wall and realized not much work was to be done”, 5 ½ hours at Holiday Inn, initially stated that he was at the wall when Jean Ritter called, after evidence was disclosed changed story that he was in hotel watching television.
“
chipmunks” –
EXHIBIT G – Diagram of porch activity (not shown), they asked BM “Were you looking for her? (when he got home)”, interview @ Poncha Springs residence in 2021 BM stated “I shoot chipmunks”, shoots them with a 22 caliber, tranquilizer gun found at Puma Path is a 22 caliber.
“
trash runs” – BM never told investigators what he threw away,
@mcdonalds – Extended arm to get item to bottom of trash can. More than one trip to trans can? Vial? Grusing states “Can’t tell”, BM also mentioned that he shoots deer with tranquilizer darts, does this either from garage or “breeze way” and he stated that this is where “evidence may be”.
“
tranquilizer gun” – BM stated that it was last shot in “late April 2020”, BM shot deer “so I can get the horns (antlers)”, stated “they go to sleep and I cut the horns off”.
May 9, 2020 – BM confirmed that he shot his gun that day, he reported that he shot a chipmunk/chipmunks, BM was asked how SM reacted when he shot chipmunks, BM answered that he didn’t recall.
“
Men’s Warehouse trash run” – BM shared that he was cleaning out the truck and “getting crap out of truck”.
“I am done” text – Retrieved as a “swipe image” off BMS phone, not all deleted items were retrieved, it is possible that BM tracked SM.
May 9, 2020 at 9:30 AM – SM to BM pic of house on market in Salida.
“tranquilizer meds” – Active ingredient, “VAM”, needle sheath found in dryer, Grusing asked BM and BM answered “I have no idea how it got there”, “makes me look bad”, “it’s not right”, “no wonder people in Chaffee County will hate me”.
9:44 AM 4th witness Derick Graham, agent with CBI, for 2 years, prior to that Police Officer in Colorado Springs for 34 years, got involved on May 14, 2020, to assist.
Agent Graham by Mr. Lindsey/Prosecution
“
bike helmet” – Was found off US50, between county road 225 and 226, shows photo of where helmet was found, helmet had contact info of BM and daughter on piece of paper inside the padding of helmet, helmet had minor scratches, but nothing indicating crash, helmet was found ½ mile west of 225, south side of road, between Puma Path and Garfield turnaround.
“
2015 Range Rover” – white in color, was searched.
EXHIBITS 64 and 65: Photos of passenger side of Range Rover, photos of vehicle, 2 bottles of hot tub chemicals on floor, camelbak on passenger seat, purse, license etc. in Ranger Rover. Not shown.
“
Puma Path” – Agent Graham inside Puma Path several times.
EXHIBIT 66: MalM’s bedroom, upstairs, bedding removed, sheets in dryer, comforter partially on floor and bed, only room with sheets off. Not shown.
“
Spy pen” – Found in master bedroom closet inside a box of bras’, Sheila Oliver got it for SM and gave it to SM, had several recordings on it.
EXHIBIT 66: Picture of spy pen. Not shown.
“
laundry” – Was searched, clothing in dryer, sheets, as well as cap for syringe/needle sheath.
EXHIBIT 70: Picture of laundry in dryer. Not shown.
EXHIBIT 71: Picture of cap in dryer. Not shown.
EXHIBIT 72: Picture of cap after removal from dryer. Not shown.
EXHIBIT 73: Picture of cap next to new tart syringe, unopened. Not shown.
“
tranquilizer dart kit” – 1 box was located in the safe in the garage at Puma Path.
EXHIBIT 68: Picture of garage with door of safe open. Not shown.
EXHIBIT 69: Picture of syringe cap. Not shown.
Mr. Lindsey done at 10:00 AM
Agent Graham cross by IE starting at 10:03 AM
“
bike helmet” – Was located on Day 14, tire castings collected at site of recovery, compared to Morphew vehicles, no match.
“
hot tub chemicals” – BM @ Salida Stove and Spa between 4 and 5 pm on May 9, 2020, BM did not purchase anything,
May 19, 2020 – Neppl’s were interviewed by LE,
May 22, 2020 – Colton and Janelle Neppl interviewed, BM was there between 4 and 5:30 pm, called Janelle by name, asked Colton if he would come to Puma Path to repair the hot tub, BM presented with “normal demeanor”, BM had left voicemail for Colton on May 8, 2020 at 1:18 PM to inquire about getting hot tub fixed. Roundtrip mileage from Puma Path to Salida Stove and Spa 18 – 19 miles. Bottles of hottub cleaner in Ranger Rover half empty.
September 25, 2020 – Mrs. Neppl interviewed again, she confirmed that BM was in store the evening of May 9, 2020, did not buy anything.
“
MalM’s room”: MalM is oldest daughter, her bedroom is on 2nd floor of Puma Path, master bedroom is on main floor, sheets found in dryer are sheets from MalM’s room, SM had To-Do list on fridge that included “Mal’s sheets”.
“
Dryer”: Was searched etc. May 11, 2020 to May 15, 2020, no body cam footage, LE in house, on May 19, 2020 LE officer located plastic sheath, was not located in sheets.
“
Tarts/syringe” – Multiple tarts located in safe in garage.
IE done at 10:18 AM
Agent Graham by Prosecution at 10:19 AM
- Search and rescue found SMs helmet.
- No receipt for hot tub chemicals was found.
- There were khaki men’s short in the dryer similar to the one’s BM is known to wear.
Prosecution done at 10:19 AM, Agent Graham done at 10:19 AM.
MORNING BREAK for 15 minutes
Undersherriff Andy Rohrich by Prosecution at 10:35AM
10:35 AM 5th witness Undersheriff Andy Rohrich, Chaffee County Sherriff’s Office, for 3 years, Police Officer for 23 years, 15 years in Investigations, became involved in investigation evening of May 10, 2020, was off duty at the time, he is/was familiar with BM.
“
F350” – F350 was seized on May 10, 2020 and searched.
EXHIBIT 74: License Plate F350. Not shown.
EXHIBIT 75: Rear passenger seat F350. Not shown.
EXHIBIT 76: Back seat, dirty, dusty, cluttered. Not shown.
“
Search of SMs Range Rover” – Purse in car.
EXHIBIT 77 and 78: Picture of SMs purse. Not shown.
EXHIBIT 79: Picture of purse and contents found in vehicle. Not shown.