Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #23

[OldCop]

There’s been a lot of discussion that LE is taking too long to do everything. This statement comes from the front page of the Rocky Mountain RCFL, the lab that is likely doing all the digital forensic work on this case:

COVID-19 OPERATING STATUS
Due to the COVID-19 crisis, the Rocky Mountain Regional Computer Forensic Lab (RMRCFL) has instituted the following operational changes. Effective on Thursday, March 19, 2020, the lab will be operating with minimal staffing until further notice. Access into the building is being limited to only assigned personnel. Because of this, we will not be accepting or releasing evidence to case agents, except those cases considered “critical” (child abduction, matters of national security, etc.) and all CAIR and LMK access will be closed. Also, if you currently have a case submitted to the RMRCFL, there may be a significant delay in completing the exam.

If you have any questions, please contact Lab Director Capt. Glenn Peitzmeier or Deputy Lab Director SA Doug Oliver at 303-649-7900.

 

[lamlawindy]

@Seattle1, sure! Here are my responses:

1. Had I been a judge, I would've suppressed the the drugs. The feds were in Segura's residence for more than half a day w/o getting a warrant. To me, that is entirely too long and doesn't show diligence in obtaining a warrant. I will note that -- while the feds have the inevitable discovery doctrine -- Indiana state courts have frowned on that doctrine.

2. When freezing a situation, officers can employ several "least restrictive means" to limit the effect of a seizure. In McArthur, they accompanied him into the home, which at least gave him access to his residence. Another option, as Segura explained, would be sealing the door from the outside. Because policing situations vary so much, courts will allow -- up to a constitutional point -- varying methods of policing.

3. I have no idea why the officers decided not to seal the door in McArthur. However, I do think that their allowance for him to enter the home, albeit accompanied, is an example of least-restrictive means.

4. These are two situations. If the door is sealed but the homeowner doesn't know it or can't access the home because he's far away on vacation, then no interference with his property has occurred. Therefore, no seizure has occurred.

If the homeowner wants entry but officers bar him/her because they are diligently seeking a search warrant and fear destruction of evidence, I'd say four hours is sufficient today, what with cellphone (telephonic search warrants) and internet technology (electronic filing) now available.

5. Brief detention of personal property for inspection is fine. While the 4th Amendment applies to searches of personal property as well as real property, a residence is where people have the most reasonable expectation of privacy.

 

[lamlawindy]

Agreed. Although sometimes I envision a period of time in which BM may not have slept well and perhaps was helping with the search outside the property - it went for 3 days. If he granted access to the house at that time (pre-warrant), then perhaps he went to stay/occasionally rest with his supportive friends, at the nearby house of the one friend.

I've known quite a few people who, in the grips of a tragedy, want constant things to do and socialization even when they are exhausted. Others of course, prefer solitude or outright leaving the scene for a while, in grief.

So by the time BM got into the mindset to produce his video, it was what 5-6 days later? I think the video may have been done over a period of time. In that way, BM may have not pressed the matter and then he was told: we search early next week, CoVid delays.

BM would have no way of knowing how long such a thing would take.

Do you think LE was stringing him along?

I don't think that they were stringing him along. In my experience, investigators aren't going to just sit by instead of asking for a warrant if they believe probable cause exists. I certainly may be wrong, though.

If Barry Morphew acquiesced to their cordoning off the house for 10 days -- and, again, it is unclear what exactly occurred with regard to this -- then that's on him. The law usually is not going to protect an adult who doesn't insist upon the exercise of his/her rights.

 

[Seattle1]

@Seattle1, sure! Here are my responses:

1. Had I been a judge, I would've suppressed the the drugs. The feds were in Segura's residence for more than half a day w/o getting a warrant. To me, that is entirely too long and doesn't show diligence in obtaining a warrant. I will note that -- while the feds have the inevitable discovery doctrine -- Indiana state courts have frowned on that doctrine.

2. When freezing a situation, officers can employ several "least restrictive means" to limit the effect of a seizure. In McArthur, they accompanied him into the home, which at least gave him access to his residence. Another option, as Segura explained, would be sealing the door from the outside. Because policing situations vary so much, courts will allow -- up to a constitutional point -- varying methods of policing.

3. I have no idea why the officers decided not to seal the door in McArthur. However, I do think that their allowance for him to enter the home, albeit accompanied, is an example of least-restrictive means.

4. These are two situations. If the door is sealed but the homeowner doesn't know it or can't access the home because he's far away on vacation, then no interference with his property has occurred. Therefore, no seizure has occurred.

If the homeowner wants entry but officers bar him/her because they are diligently seeking a search warrant and fear destruction of evidence, I'd say four hours is sufficient today, what with cellphone (telephonic search warrants) and internet technology (electronic filing) now available.

5. Brief detention of personal property for inspection is fine. While the 4th Amendment applies to searches of personal property as well as real property, a residence is where people have the most reasonable expectation of privacy.

Thank you.

 

[Auntie Cipation]

So here's the route she took

Imgur

Looking at the spot marked in google maps, you can see they found the bike close to the South Arkansas River, not out of the question she fell in there. It looks steep enough that she could have fallen in there atleast from the satellite view.

خرائط ‪Google‬‏‏‬‏‏

Except the river at that point is a river in name only. It's so high up in the watershed that it's really more of a creek. Even during spring runoff it would have very limited ability to obscure a body that may have fallen in. IMO

Not to mention, that after the creek passes through the neighborhood (including immediately adjacent to the Morphew home, which does make me go hmmm), it empties into a pond with a controlled and screened outlet. As other posters have pointed out, a body simply couldn't pass that point moving downstream unless all that was left was tiny pieces. I can only assume that stretch of creek as well as the pond were properly searched. MOO

 

[EggSalad]

I've seen some people say how hard it is to fall off a bike going up a hill, going up hills are dangerous. For those that are not familiar with road bikes, you wear special shoes that have an attachment that clicks into the bike pedal Shimano EH500 PEDAL | Bike Pedals - ERIK'S Bike Shop, Snowboard Shop, Ski Shop | Bike, Ski & Snowboard Experts

It takes a bit of time getting yourself out of them and you need to plan for it in advance of a stop. If you get tired going up a hill need to put your foot down on the ground you can tip over on the bike. Fall the wrong way and you could fall off the cliff. You can see someone even as experienced as Lance Armstrong having problems with his pedals. I think it's possible she fell off the cliff and her body is lodged underwater somewhere east of Salida

If SM had a mountain bike, it’s unlikely she had clip in pedals. Most mtb pedals are flats these days that you don't clip into.

If she had a road or gravel bike, she may have had clips. But in your scenario, she would have still been clipped into the bike when an accident occurred. So she would have wither ended up exactly where the bike was or not far from it.

And while not proven, SM’s noted gym trips and enjoyment of biking would lead me to believe she had good fitness and wouldn't struggle going up a wide dirt road incline that is close to her house and she’d be very familiar with.

 

[Hoosierfan72]

As we're waiting out this case to come to fruition, I'm a bit intrigued by the discussion re: the 10 day gap between SMs disappearance and the SW for the home. Let me ask this (particularly to our legal experts present):

Certainly, BM (whether he's guilty or innocent) wants to appear cooperative. If the CCSO did indeed ask him to voluntarily stay away from the residence, what would have his lawyer likely advised him to do (assuming he did indeed lawyer up right away as NG reported)? I can't see a valid reason to balk at that request- at least not initially - and would think a refusal by BM to do that would have put a target on his back (which may have been there anyway). 10 days is a long time, though - even if the advice would have been to cooperate initially, at what point do you demand the ability to go back into the residence? Would have a criminal defense lawyer advised him to not voluntarily stay away from the residence and demand access?

If you recall, in the only press conference that the CCSO did, the sheriff was asked if BM was cooperating and his response was something akin to "yes, and we hope he continues to do so". Could have that partly been in reference to voluntarily staying away from the house?

Link to press conference that sheriff says this (7:00 mark):

 

[AmandaReckonwith]

Suzanne Morphew case Archive:
Suzanne Morphew -CO- by amanda reckonwith

Cell phone users, try this and scroll:
7/23/20 missing from around this area

 

[Dr.StClements]

@Dr.StClements -- wow,
I am sorry to hear of your diagnosis and that you are returning to the hospital. Best wishes and thoughts that you will receive healthy options and enjoy restored health very soon.

I don't recall asking questions or requesting information about the Salida construction site previously searched mainly because the mods have warned us not to discuss this private residence on the main thread.

Also, it sounds to me like you may be posting from your mobile phone. If you turn your phone sideways (horizontal), I believe you will see more options on your screen that are not visible when your phone is upright.

Cheers!

Thank you so much for your lovely reply. I'm sanguine about my situation and resigned to having necessary treatment. I worked at the Royal Marsden early in my career and am lucky to have access to high quality treatment (which is a fundamental right for all people - but we know it doesn't always happen in practice). After having severe Covid-19 infection, followed by viral pnuemonia I thought I was done for 2020! It seems not; I do consider myself v fortunate though. Disappointed it's back so soon, but treating secondary breast cancer has come on in leaps and bounds, and I'm grateful for that.
With regard to me responding to a request you never made, I most humbly apologise. I am an idiot! Someone asked me to send them links of official reportings for construction site details - I think related to dates - and explained that they were keeping a tally. I just don't have the energy to go back through previous replies. My energy levels are shot to pieces.
Thank you for the mobile 'phone advice. I actually do all web-sleuthing on my laptop. I can't read my phone screen sufficiently well enough without getting awful headaches presently.
And thank you again, Seattle1 for your lovely reply: to others somewhere out there in the ether, apologies if it was you who asked me for info, and I ended up spamming Seattle1 instead!

 

[Error505]

So here's the route she took

Imgur

Looking at the spot marked in google maps, you can see they found the bike close to the South Arkansas River, not out of the question she fell in there. It looks steep enough that she could have fallen in there atleast from the satellite view.

خرائط ‪Google‬‏‏‬‏‏

BBM
This is speculation, not fact. LE has never acknowledged “the route she took.” It’s important to not state things as fact, including where the bike was found, until it can be verified by LE. I won’t take BM’s word as to location of where bike was found. He may have motive to not tell the truth. All MOO, and only MOO.

 

[Murphy1950]

So here's the route she took

Imgur

Looking at the spot marked in google maps, you can see they found the bike close to the South Arkansas River, not out of the question she fell in there. It looks steep enough that she could have fallen in there atleast from the satellite view.

خرائط ‪Google‬‏‏‬‏‏

A personal item of Suzanne's was found, what is was and where it was found is another factor. She may have fallen in the river (doubtful in my mind ) but how did the 'item" get to X ? Say it was her helmet or camelback, that would play a huge part in this scenario.

 

[Seattle1]

Thank you so much for your lovely reply. I'm sanguine about my situation and resigned to having necessary treatment. I worked at the Royal Marsden early in my career and am lucky to have access to high quality treatment (which is a fundamental right for all people - but we know it doesn't always happen in practice). After having severe Covid-19 infection, followed by viral pnuemonia I thought I was done for 2020! It seems not; I do consider myself v fortunate though. Disappointed it's back so soon, but treating secondary breast cancer has come on in leaps and bounds, and I'm grateful for that.
With regard to me responding to a request you never made, I most humbly apologise. I am an idiot! Someone asked me to send them links of official reportings for construction site details - I think related to dates - and explained that they were keeping a tally. I just don't have the energy to go back through previous replies. My energy levels are shot to pieces.
Thank you for the mobile 'phone advice. I actually do all web-sleuthing on my laptop. I can't read my phone screen sufficiently well enough without getting awful headaches presently.
And thank you again, Seattle1 for your lovely reply: to others somewhere out there in the ether, apologies if it was you who asked me for info, and I ended up spamming Seattle1 instead!

Not to worry about the OP request for construction data on the building site as the link to the county building department records can be easily found. (And it can't be discussed on main thread anyway).

I too can't post from my phone, and the only time I don't see the "reply" button on my laptop is if the thread is closed. Perhaps the thread was temporarily closed for clean-up when you had difficulty.

Stay safe. #DrStClementsStrong

 

[Seattle1]

A personal item of Suzanne's was found, what is was and where it was found is another factor. She may have fallen in the river (doubtful in my mind ) but how did the 'item" get to X ? Say it was her helmet or camelback, that would play a huge part in this scenario.

If the bike was planted (as I believe), why not the personal item too? I think this a reasonable explanation of how the item got there. MOO

 

[MassGuy]

If the bike was planted (as I believe), why not the personal item too? I think this a reasonable explanation of how the item got there. MOO

I do too. Plant the bike to sell an abduction, and plant a personal item to perhaps sell some sort of struggle, or leave a false trail as to where she was taken.

 

[swedeheart]

FYI: they ID'ed the woman found last Friday.

Deputies identify woman's body found on Highway 24 in Cascade

 

[Murphy1950]

If the bike was planted (as I believe), why not the personal item too? I think this a reasonable explanation of how the item got there. MOO

Yes....and say the bike wasn't planted Suzanne just lost control, skid down the hill and rolled into the water unconscious , how do you explain the other items found elsewhere?

 

[Fireflize]

A personal item of Suzanne's was found, what is was and where it was found is another factor. She may have fallen in the river (doubtful in my mind ) but how did the 'item" get to X ? Say it was her helmet or camelback, that would play a huge part in this scenario.

Great point. If she fell in the river, her personal item had no way of getting to where it was found. In my mind that rules out her getting into the river. Moo

 

[darring21]

As we're waiting out this case to come to fruition, I'm a bit intrigued by the discussion re: the 10 day gap between SMs disappearance and the SW for the home. Let me ask this (particularly to our legal experts present):

Certainly, BM (whether he's guilty or innocent) wants to appear cooperative. If the CCSO did indeed ask him to voluntarily stay away from the residence, what would have his lawyer likely advised him to do (assuming he did indeed lawyer up right away as NG reported)? I can't see a valid reason to balk at that request- at least not initially - and would think a refusal by BM to do that would have put a target on his back (which may have been there anyway). 10 days is a long time, though - even if the advice would have been to cooperate initially, at what point do you demand the ability to go back into the residence? Would have a criminal defense lawyer advised him to not voluntarily stay away from the residence and demand access?

If you recall, in the only press conference that the CCSO did, the sheriff was asked if BM was cooperating and his response was something akin to "yes, and we hope he continues to do so". Could have that partly been in reference to voluntarily staying away from the house?

Link to press conference that sheriff says this (7:00 mark):

And following on with your line - what does the 10 day gap before getting a search warrant suggest about their evidence? Obviously, there was nothing initially. Or there was something initially that they were able to get a SW but found nothing? I keep editing my post. Wasn't there an initial search warrant followed by a 10 gap and another search?

 

[Fireflize]

I do too. Plant the bike to sell an abduction, and plant a personal item to perhaps sell some sort of struggle, or leave a false trail as to where she was taken.

Agree with this. I think the item was tossed to make it look like a kidnapper went that way. In my imagination, I wonder if maybe the person responsible was so confident that LE would buy the stranger abduction, that he actually did discard her that a way, not hiding her well. But that's probably wishful thinking. Moo

 

[RumorMonger]

DBM