Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #79 *ARREST*

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  • #381
Married with 6 kids and telling another woman she should be his wife?
It's amazing to me! I doubt he was really going to leave his wife. Imo this was just an affair to him.
On the other hand, we don't know what the marriage was going thru at that time. I've known several married couples that understood they were only staying together until the children were grown and they lived separate lives until then. However, he didn't ever go to LE after she went missing. They found him in November. So, we can only presume he didn't want his wife to find out. Or maybe he thought he would be a suspect. Idk.
We only really know SM's state of mind in her marriage tho. She was unhappy, lonely and abused. She wanted out.
BM took care of that.

ETA that LF may have also thought BM might be after him next as another poster mentioned. Also might have been afraid for his children and/or wife.
He was in an awful position for sure.
 
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  • #382
There was a broken door to the MB. IMO, that is clear evidence he forced/kicked his way into the MB that day/night. If he had broken down that door in previous weeks, he would have called one of his contractor friends to replace the door and get rid of the obvious evidence.

Sadly, many women that are in an abusive situations don't report that kind of abuse until it's too late.

I know I didn't.
Did’t wait?
I think he was scared <modsnip>. Two fold. He was scared for Suzanne but I don’t think he thought BM would kill her and once she disappeared he became more scared for himself. I think once he started to learn she was missing he thought he was next. That’s when he started deleting all his correspondences. Got scared out of his mind. Clammed up and went ghost. He was cowering in a corner scared for his life.

I’d love to admonish him for not coming forward but I think he was petrified of BM especially after learning he disappeared his wife. He knew a whole lot more about the abuse that she faced than we ever will.
 
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  • #383
Lauren said during one interview BM said SM was wearing white shorts and a string top the last time he saw her and during another interview, he said she was naked. So I think SM video chatting naked with JL and BM busting in is very plausible.

I've been doing a great deal of thinking about all this with all the information we discovered in prelim. I feel it was a crime of passion. All of this is my opinion, but it could fit. Since we know now about the affair and the levels of it, perhaps she was in the shower making a video for JL and Barry caught her. Mind you, it wasn't sent but she could have been preparing one.

He lost it, killed her in the shower and went into survival/cover up mode at that moment. The phone could have gotten wet and shut off, he may have tried to restart it the next morning it flickered on and then died.

And I keep wondering why her sister would have to think about sending Suzanne an answer to her text the day before. I feel as if she came clean with her sister about the affair and layed out her plans to leave, thus some of the fear. That's the only thing I can really think of by her sister's statements later on. Just a few thoughts in my head! :)
 
  • #384
I’m wondering if the AA could contain something like that-a naked Suzanne video chatting with her lover and Barry breaking into the bedroom. Would a detail like that be redacted to spare the girls on some level until trial, or is that integral to what happened?

Unless the naked video chat was taking place on Saturday around 2:43 pm and the state alleges that BM walked in and interrupted SM and JL, and in a heat of passion, BM responded in rage against SM and strangled her, I don't see how the video would ever be admissible in court under the Colorado Rules of Evidence. It's already been established that SM and JL were having an affair, and "hooked up" six times in various locations outside of Salida.

I've followed a lot of murder cases across the country and specific to Colorado, I've never seen an AA released before the typical, preliminary hearing concluded.

While Colorado Statute provides for an eligible defendant or their defense to waive the preliminary hearing, they must file for a preliminary hearing within 7 days of their first appearance.

[BM was arrested on 5/5/21 and his first appearance was 5/27/21 -- not to be confused with his advisement on 5/6/21-- when he appeared with a public defender to learn why he was arrested].

There is also not an automatic scheduling of a preliminary hearing. After a valid request, the hearing is to be held within 35 days, unless there is good cause to continue the hearing beyond 35 days. If there is no request for a preliminary hearing within 7 days, then the court will order the defendant bound over for court.

Personally, I've never had a problem with the approx 35-day+ delay before the AA is publicly released. I will always believe the delay to benefit a defendant arrested for an alleged, serious crime, outweighs public curiosity. When you think of how a case may never go forward to a trial, and all charges dropped, why should the AA ever exist in the cyber world -- worse yet, the social media world!

IMO, if not for the recent amendment to Colorado Rule 55.1 Public Access to Court Records in Criminal Cases, I seriously doubt that we'd be having any discussions about what possible mysterious nuggets are still contained in BM's voluminous AA.

To be clear, the amendment to public access was never intended to change the long-established practice to seal an AA, typically until after the preliminary. It simply added where sealing an AA now requires a court hearing to seal the court record and assign the seal an expiration date.

And this is exactly what Judge Murphy did: the Order surrounding the AA and Rule 55.1 cited the Rule of Law, Crim. P. Rule 55.1 (a)(6), and provided that the AA seal would expire 7 days after the preliminary hearing concluded.

However, if we've learned anything at all about Judge Murphy --not only is he both methodical and thorough, but it seems that he also likes to explain his decisions! Actually, I'm seeing his including a written analysis with the Order sealing the AA with an expiration date, more of a curse than a blessing!

In other words, had BM's arrest happened weeks, months, or years earlier, I doubt that the same AA would be viewed any different or more compelling than the AA's filed for Leticia Stauch, accused of murdering her step-son Gannon, or Patrick Frazee who murdered his fiance Kelsey Berreth. Each described horrific murders of a child and a young mother, and each sealed for a typical period, without the hype and speculation generated for this case-- which I attribute specifically to Judge Murphy adding an analysis explaining the sealing Order pursuant to amended Rule 55.1.

Probably more important to the intent of my post is that since the preliminary, I think it's fairly obvious that the AA does in fact contain a good amount of background pages with irrelevant information that the court does not consider relevant to the charges filed against BM, and therefore not admissible under the Colorado Rules of Evidence including any character evidence of BM, character evidence of SM, SO, or other witnesses, and/or relevant evidence excluded on grounds of prejudice, confusion, or waste of time. MOO

Sorry - didn't mean this post to be so long! :rolleyes:

"Preliminary Hearings" In Colorado Felony Criminal Court Cases
https://www.criminal-lawyer-colorado.com/your-legal-rights/the-colorado-rules-of-evidence-cre.html
 
  • #385
Did’t wait?
I haven’t a fraction of an ounce of empathy or sympathy or any positive feeling for JL His wife might have to stay with him for the six kids but I would spit on him. JL and BM are two of the same self-centered purely narcissistic kind. SM had no luck with men, poor thing.
 
  • #386
Did’t wait?
The kicker for me , was the going to Ecuador. He had zero intentions to ex pat in Ecuador.
Maybe a couple of odd nights. He's in a hot seat for sure. IMO.
 
  • #387
Married with 6 kids and telling another woman she should be his wife?
It's amazing to me! I doubt he was really going to leave his wife. Imo this was just an affair to him.
On the other hand, we don't know what the marriage was going thru at that time. I've known several married couples that understood they were only staying together until the children were grown and they lived separate lives until then. However, he didn't ever go to LE after she went missing. They found him in November. So, we can only presume he didn't want his wife to find out. Or maybe he thought he would be a suspect. Idk.
We only really know SM's state of mind in her marriage tho. She was unhappy, lonely and abused. She wanted out.
BM took care of that.
I view JL as just another flavor of BM. SM was in love with what JL was back in high school , IMO. she had yet to figure out the new current JL. She was just too damn trusting. JL was playing her for whatever. If he was really in love there would have been genuine concern and action when she disappeared. MOO.
 
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  • #388
Is there any possible way JL was on video still with SM when BM busted the door down ?
 
  • #389
Duty to provide evidence? Brady Rule
....but the defense does not have an obligation to turn over exhibits to the prosecution. Since the defense attorneys made it, it's not "evidence."
Supreme Court precedent requires the prosecution to turn over all evidence, particularly exculpatory evidence, to the defense. Failure to do so can result in a conviction being thrown out. It's usually called the Brady rule or Brady evidence from the Supreme Court case that established the rule, Brady v. Maryland.
@aletha bbm Thanks for your response to @Cindizzi.

Good reminder ^ and more info at---
Brady disclosure - Wikipedia ........................... ...........@MassGuy see below.
https://en.wikipedia.org/wiki/Exculpatory_evidence
Brady v. Maryland, 373 U.S. 83 (1963)


___________________________________________________
;) @MassGuy. This is Brady Rule from SCOTUS about evidence handling in U.S. criminal trials. For rules in American football, see Tom Brady § The Brady rule.;):D
 
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  • #390
Lauren said during one interview BM said SM was wearing white shorts and a string top the last time he saw her and during another interview, he said she was naked. So I think SM video chatting naked with JL and BM busting in is very plausible.

Except I think BM added the naked version after he decided that the couple had a great night, SM was drug/alcohol-free, they shared a one-plate meal (awkwardly seated on bar stools in the kitchen?) and the night ended in passionate lovemaking. I think he even said that he rolls over and falls asleep! (Explaining why he didn't recall SM sleepwear).

I think the white shorts and tank top (string top) was the version where they went on a hike on Saturday -- just like the Saturday morning text messages suggested.

MOO
 
  • #391
What if JL turns out to be a star witness? What if he was just scared so bad of BM he clammed up until BM finally got arrested. Don’t forget it took a year for that to happen while he ran around on the loose. But now he feels safe finally. Don’t get me wrong I think he’s a weasel but he probably was scared for his life when he knew his lover was killed and he was next in line. I’m thinking if somebody was after me I’d be scared to come forward. He probably went back and forth every day she was missing if he should go to LE. I think he should have went to LE and I bet 1,000 percent he wishes he did now but he was just a petrified mess.
 
  • #392
Is there any possible way JL was on video still with SM when BM busted the door down ?
I really think he was angry before he ever got home. The 11 calls to SM, he was hot about something then. I wonder if he didn’t find out about SM’s checking account and go to the bank that morning, maybe only to find out she deposited the $70,000 that was missing in the safe. I really feel if BM knew or found out about JL then, he would have gone after him. No way he could sit on that for months and let the police find it themselves.
 
  • #393
What if JL turns out to be a star witness? What if he was just scared so bad of BM he clammed up until BM finally got arrested. Don’t forget it took a year for that to happen while he ran around on the loose. But now he feels safe finally. Don’t get me wrong I think he’s a weasel but he probably was scared for his life when he knew his lover was killed and he was next in line. I’m thinking if somebody was after me I’d be scared to come forward. He probably went back and forth every day she was missing if he should go to LE. I think he should have went to LE and I bet 1,000 percent he wishes he did now but he was just a petrified mess.
Think he was more petrified of his wife. Wasn’t it said somewhere he was deleting stuff within a few days. Seriously if that’s true, that’s cold and totally self serving. I hope he sat worried everyday the police were going to find him. I hold SM accountable for this affair also, she had no business going after another woman’s husband. I understand, but.
 
  • #394
I really think he was angry before he ever got home. The 11 calls to SM, he was hot about something then. I wonder if he didn’t find out about SM’s checking account and go to the bank that morning, maybe only to find out she deposited the $70,000 that was missing in the safe. I really feel if BM knew or found out about JL then, he would have gone after him. No way he could sit on that for months and let the police find it themselves.
I think the $70,00o will come into play in some way shape or form but that’s not what I think killed Suzanne. That’s not enough money for him to kill her when he spends that on a truck every few years. I think he watched her on the phone or through a window and she got caught doing inappropriate things with JL. That’s what made him hot. He didn’t go after JL because he’s a Suzanne abuser. He went after Suzanne because she didn’t want him anymore. He could care less about JL. I think this is about losing what he wants.
 
  • #395
I really think he was angry before he ever got home. The 11 calls to SM, he was hot about something then. I wonder if he didn’t find out about SM’s checking account and go to the bank that morning, maybe only to find out she deposited the $70,000 that was missing in the safe. I really feel if BM knew or found out about JL then, he would have gone after him. No way he could sit on that for months and let the police find it themselves.
I sort of think BM felt SM was having an affair but didn't know with whom. I'm not sure tho. Plus JL lived in another state and iirc correctly often traveled for work so he might be a little hard to catch up with. It would be a hard assault to plan imo.
I also think if BM was aware of an affair he didn't realize SM had physically been with him.
I suspect the threat of divorce, thinking SM could then see her lover physically and financial reasons are what motivated him.
He knew he had lost the control he had always had over the "love of his life."
So he killed her.
moo
 
  • #396
I think the $70,00o will come into play in some way shape or form but that’s not what I think killed Suzanne. That’s not enough money for him to kill her when he spends that on a truck every few years. I think he watched her on the phone or through a window and she got caught doing inappropriate things with JL. That’s what made him hot. He didn’t go after JL because he’s a Suzanne abuser. He went after Suzanne because she didn’t want him anymore. He could care less about JL. I think this is about losing what he wants.
It will all come out, I see it differently. Even JL said if BM knew he would have come after me. Just can’t see BM knowing she was having an affair and sitting on it 6 months without telling the police. He would have thrown JL under the bus with the rest of them.
 
  • #397
I really think he was angry before he ever got home. The 11 calls to SM, he was hot about something then. I wonder if he didn’t find out about SM’s checking account and go to the bank that morning, maybe only to find out she deposited the $70,000 that was missing in the safe. I really feel if BM knew or found out about JL then, he would have gone after him. No way he could sit on that for months and let the police find it themselves.

I wonder if he knew there was another man but didn’t know his name. JL looks nothing like what he did in high school.

It probably infuriated him that he didn’t know who it was. MOO is that he might have thought it was someone local.

If he couldn’t have Suzanne then nobody could have Suzanne.
 
  • #398
What if JL turns out to be a star witness? What if he was just scared so bad of BM he clammed up until BM finally got arrested. Don’t forget it took a year for that to happen while he ran around on the loose. But now he feels safe finally. Don’t get me wrong I think he’s a weasel but he probably was scared for his life when he knew his lover was killed and he was next in line. I’m thinking if somebody was after me I’d be scared to come forward. He probably went back and forth every day she was missing if he should go to LE. I think he should have went to LE and I bet 1,000 percent he wishes he did now but he was just a petrified mess.
I think you just nailed it. JL was thinking about JL. not SM. When it got down to the brass tacks JL tried to disappear. BM had no reason to harm JL as long as JL remains quiet. So BM and JL are who they are. Conspirators in SM disappearance. MOO.
 
  • #399
I sort of think BM felt SM was having an affair but didn't know with whom. I'm not sure tho. Plus JL lived in another state and iirc correctly often traveled for work so he might be a little hard to catch up with. It would be a hard assault to plan imo.
I also think if BM was aware of an affair he didn't realize SM had physically been with him.
I suspect the threat of divorce, thinking SM could then see her lover physically and financial reasons are what motivated him.
He knew he had lost the control he had always had over the "love of his life."
So he killed her.
moo
Agree. Think BM knew this time was real. He doesn’t handle rejection well either.
 
  • #400
Think he was more petrified of his wife. Wasn’t it said somewhere he was deleting stuff within a few days. Seriously if that’s true, that’s cold and totally self serving. I hope he sat worried everyday the police were going to find him. I hold SM accountable for this affair also, she had no business going after another woman’s husband. I understand, but.
I’m sure he was scared of his wife but I have this feeling he was more scared for his life. Like he knew BM was dangerous. I think SM might have told him how abusive BM was.
 
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