Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #26

[Seattle1]

The Douglas Garland case in Canada where he murdered two grandparents and a grandchild was about the only case I can recall where the use of burning did manage to reduce the bodies to practically nothing. But a tooth and other evidence was found anyway and he still was nailed for the crimes.

RSBBM

I'm still curious about teeth, and your example reminds me of something I heard a SAR dog handler say during the search and recovery of Dylan Redwine -- also murdered in Colorado. He talked about how they can train dogs with teeth from both live subjects and cadavers, and that dogs can still detect even fragments of teeth that they bury.

Also, there's the tooth fragment of Kelsey Berreth. I don't recall if the tooth tested for DNA had also been exposed to fire (as was her body), but I understand the difficulty here was due to the size of the fragment. They could only determine the tooth came from a female.

 

[tmar]

Slowly starting to move off the fence.


· I think it was premeditated.

· BM must have had at least one accomplice.

· Her remains are far away from Maysville and/or Denver.

· Either BM did it or is responsible for SM’s disappearance and whatever ensued.

No one has been arrested after three months. Tells me either the perp got very lucky or whoever took Suzanne had a plan and made a conscious effort to conceal the evidence trail.

Possible scenario:
IMO it had to have been planned out ahead of time. Coincidentally, the M’s security cameras weren’t working and her family was out of town and perhaps “off the grid” on their camp trip. And sadly, “the perfect spot” to place SM's remains, might have needed some prep work – digging, staging construction equipment etc..

In addition, the bike needed to be planted. My guess is that was done Saturday night/Sunday morning under the cover of darkness.

In the meantime, sometime on Saturday, SM’s electronic written communications with her Indiana friend were mysteriously cut off. I think either Saturday night or early Sunday a.m. someone made some phone calls from Indiana to contacts in CO., expressing their concerns.

By Sunday morning LE could have already been quietly forming a search party and contacting the FBI. I can’t imagine this massive search party was organized after the 5:46p.m. neighbor’s phone call. IMO, it’s just not feasible.

LE had already told the Fire Dept, thanks but no thanks, stay out of it. For that reason alone, LE had to have known something earlier than 5:46 that night.

I think in addition to planting the bike, he also tried to create an evidence diversion for LE to follow. BM told us he was in both Denver and/or Salida that day. That’s why I think SM is not someplace obvious. Probably far in another direction.

Security Cameras, Cell phone data, DNA, Vehicle GPS, Internet searches, FOIA, automatic license plate readers, etc.

Gee, it just keeps getting harder and harder to be a successful criminal these days…

But it sure makes sleuthing more interesting for all of us!

ETA - JMO, MOO, etc.

Your last line is 'spot on'.
So many of us, are trying to work out what happened.
We come here daily, learn a great deal but are disappointed as Justice is so slow.
We wait another day.
MOO.

 

[lamlawindy]

I'll raise your disgust to shocked and dismayed!

After posing these questions a couple of different ways, this is my interpretation:

To the best of my understanding, IC makes no provision for a court-appointed lawyer (or guardian ad litem) for a missing person, a missing respondent that cannot be served the petition for guardianship, NOTICE of the hearing, and cannot attend the hearing.

To this, I offer....

It begs to differ how due process is served if the IC provides that the very same respondent that cannot be served the petition for guardianship, the NOTICE of the hearing, appear in court, or be examined, can then be defined by the same IC as incapacitated, and a petition for guardianship granted.

To the best of my understanding, IC provides for a court-appointed lawyer (or guardian ad litem) to only the following respondents:

1) A respondent that was served the petition for guardianship, NOTICE of the hearing, attends the hearing, objects to the guardianship, and/or has other issues to address before the court.

2) A respondent that was served the petition for guardianship, and NOTICE of the hearing, but cannot safely appear at the hearing.


MOO

@oviedo & @Gigi3, I agree with @Seattle1 : the statute simply doesn't provide for the appointment of counsel in this situation. I understand that this is a less than comforting reason as to why the court won't appoint counsel to represent Suzanne. However, if
the General Assembly hasn't provided such a power to a court, then the court is constrained as to what it can do.

Of course, this issue probably should be taken up by the Probate Code Study Commission and/or the Judiciary Committee. Perhaps the statute can be changed to allow probate court judges to appoint counsel in situations where the incapacitated person cannot be located, though a source of funding for such appointed attorneys would have to be found.*

* Attorneys cannot be compelled by Indiana courts to provide legal services for free because Art. I § 21 of the Indiana Constitution prohibits government from demanding "particular services without just compensation."

 

[Ashildir]

I can't tell you how much I hope you're right that that may be the case with SM. Unfortunately, the statistics show that women keep abuse from friends and family, out of embarrassment and/or repercussions.
Again, hopefully that's the case.

Also, the form of abuse that isn't physical such as coercive control - maybe it wasn't recognized by the victim for many years, as the abuser will state - 'it's in your best interests' or 'you know I only want to look after you/protect you/i'm only trying to help you' etc. - maybe there was an element of this and one day SM realised what was happening..... jmo.

 

[lamlawindy]

But neither the county nor the state nor the Feds are a person. (Sheriff’s dept., CBI, FBI).

It’s true that it would be one hell of an opportunity to ask questions of the suspect under oath. But he would take the fifth. I don’t know if the judge would then deny the petition based on him not answering questions of a third party.

We have seen family intervene, however, in civil cases in an effort to get the suspect to have to talk or lose certain rights. Kyron Horman’s step mother is one such case. Jason Young is another.

But LE agencies aren’t people. And even if the sheriff, let’s say, decided to intervene personally, he’d have to do so via proof that BM is shady and/or SM is dead and thus he’d have to reveal his case.

That ain’t gonna’ happen.

I’m confident that SM’s family have evidence relevant to this case. But for the same reasons, and also so they won’t lose contact with SM’s daughters, it’s very likely they won’t intervene.

You're correct that either Sheriff Spezze himself or his lead detective on the case would have to be the one to intervene. Either one would probably have the best command of the facts of the investigation, though.

With regard to Barry testifying: I'd advise him to take the 5th, but -- as you probably know -- what we advise our clients to do & what our clients actually end up doing are often two different things! I don't know what assets Barry would control as guardian, but -- if, theoretically, they're worth a lot -- he may make the decision to testify because of their worth.

With regard to investigators revealing their case: You're absolutely correct. For any meaningful examination of Barry, they'd have to reveal many of the facts that they've developed. Essentially, they'd have to decide if the possible benefits outweighed the costs. I think that most detectives would believe that attempting such an examination is way too risky & would choose to protect the investigation instead.

 

[lamlawindy]

Perhaps a certain Indiana lawyer could maybe contact the family or represent SM’s interest?

If only we knew one we could contact that knows about this case? Hmmm.

Kidding aside, thanks for all your input throughout this case - even IF I may not always agree with you!

Thanks for the vote of confidence! Actually, given that I do not practice that type of law on a regular basis, I'd leave it to the pros.

 

[Birmingplumb]

How would you get a body inside a propane tank?

empty, cut, re-weld-repaint fill.

 

[Birmingplumb]

pressure

What and where are pressure valves if you don’t mind elaborating for non expert who only knows how to clear a clogged drain. TIA @Birmingplumb!

vessels not valves ....propane tank ....any pipe holding above atmospheric pressure ...tank, point was we welded the manhole covers shut by order secret service when Obama came to our auto plant fear bad guys coming thru sewer. Just want every option double checked near the ranch.

 

[Fireflize]

Also, the form of abuse that isn't physical such as coercive control - maybe it wasn't recognized by the victim for many years, as the abuser will state - 'it's in your best interests' or 'you know I only want to look after you/protect you/i'm only trying to help you' etc. - maybe there was an element of this and one day SM realised what was happening..... jmo.

Agree so much. All that follows is moo.

In domestic violence cases, the abuse does not suddenly appear out of nowhere with a blow to the head. Control is abuse, it wears down the will and dignity of the victim. So very cruel. That Suzanne is described as childlike breaks my heart. I feel that was a factor in the marriage from the start. It would make her attractive to an abuser. Along with an inheritance, of course. I'm not saying that BM was concious of this. He appears to have a self awareness deficit as large as his inflated ego.

I feel the move to Colorado was proposed not only because of work stressors, but to isolate her more completely from her support group, in order to gain more perfect control of her assets. She wouldn't feel comfortable confiding in new friends, as she had with her old friends.

I feel that he was losing control at work, and at home as well, in Indiana. I feel that he had become physically abusive and her friend knew about it. All the more reason why he felt he needed a fresh start. Suzanne tried to convince herself that things would get better if he was away from the work stressors (of his own making), yet she had reservations about the move.

The abuser is so manipulative after an explosion, promising the moon, it will never happen again, to the point that the victim will actually feel pity for the abuser.

One thing's for sure. If Suzanne's friend knows about any abuse, and was keeping her secret, she's talking now. Moo

 

[Lilypad13]

empty, cut, re-weld-repaint fill.

Ah ha!...so it is doable @Birmingplumb?! Sounds like a lot of work but so is any other disposal method. Hiding in plain sight is an option. But we have learned that scent dogs would still be able to smell through a propane tank and surely they used dogs in and around the immediate vicinity of the house and hopefully the property. Unless, as we have also learned, a body was burned within hours of death first thus eliminating the cadaverine smell. Gosh this is so morbid. I tend to agree with the theory about all the bodies of water located up through Monarch Pass...the river & many reservoirs there. Or that she is somewhere en route or in Denver area. Someone else besides BM might know and my hope now is they will tell LE out of guilt or make a deal.

 

[Knox]

No I'm not. So sorry. Please delete!

Edit your post to say "DBM"

 

[Lilypad13]

They were - but it was still a very small area. If there were ashes down there...whoa. That would be super weird (and hard to identify)...at this time.

And yes, I think that's why burning occurs to certain criminals.

What about teeth? Fillings? Ugh

 

[mainemom376]

Just checking in. Crickets...

 

[Sillybilly]

Rumors are not allowed. "Word on the street", Plunder and reddit are NOT approved sources. OP and all responses stemming from it have been removed.

You folks know that posting rumors is a violation of TOS so be prepared for temporary or permanent loss of posting privileges if it happens again.

Moderators and Admins are very busy and we get very tired of having to say the same things over and over again when every single member is responsible for familiarizing themselves with TOS and posting appropriately.

 

[Seattle1]

@oviedo & @Gigi3, I agree with @Seattle1 : the statute simply doesn't provide for the appointment of counsel in this situation. I understand that this is a less than comforting reason as to why the court won't appoint counsel to represent Suzanne. However, if
the General Assembly hasn't provided such a power to a court, then the court is constrained as to what it can do.

Of course, this issue probably should be taken up by the Probate Code Study Commission and/or the Judiciary Committee. Perhaps the statute can be changed to allow probate court judges to appoint counsel in situations where the incapacitated person cannot be located, though a source of funding for such appointed attorneys would have to be found.*

* Attorneys cannot be compelled by Indiana courts to provide legal services for free because Art. I § 21 of the Indiana Constitution prohibits government from demanding "particular services without just compensation."

Thanks for the follow-up @lamlawindy.

I do not disagree with you that the court cannot act beyond the statute, and
I hope you did not read my post to suggest that I think merely providing a court-appointed lawyer for a missing person, a respondent that cannot be located and served NOTICE, is the remedy.

In my opinion, what I think happened here, is that somebody, after experiencing the trials and tribulations of trying to manage the affairs of a missing person with no legal authority to do so, had the ear of the General Assembly, and they simply moved to tweak the IC definition of incapacitated.

BAM, done!

I think the real solution here is to repeal the inclusion of missing persons in the definition of incapacitated. After that's completed, I think the public of your state (Indiana) would be best served by the enactment of a law to help manage the affairs of people who are missing, where the intent of the law is to safeguard a loved one’s assets in their absence, and where both the court and guardian have to take into account the missing person's wishes.

Obviously missing persons are not unique to Indiana or the United States. We recently adopted our own law in the UK: The Guardianship (Missing Persons) Act 2017, which came into force in England and Wales 31 July 2019.

These are just a few things that the UK Act provides for:

Application can't be made before a person is missing for 90 days;

The reason you're unable to make decisions or communicate them does not include that you are incapacitated (within the meaning of the Mental Capacity Act 2005);

The court or guardian must consider, so far as is reasonably ascertainable—

(a)any relevant wishes and feelings expressed by the missing person at any time, including any relevant written statement made by the missing person,

(b)the beliefs and values that would be likely to influence the missing person, and

(c)any other factors that the missing person would be likely to consider.

The Act provides for persons detained (held in jail/prison);

Guardianship order must end within 4 years (excluding death or located);

Protection from the interest of a purchaser;

The court can appoint two guardians or co-guardians;

The application, order, variation of the order, and revocation of guardianship order all have to be advertised.

A missing person's parents and siblings have a right to intervene.

MOO

'Claudia’s law’ to lift families of missing people out of legal limbo

 

[Birmingplumb]

Looks like they have underwater drones now for murky river - but it needs to be towed?
Murky Water Search & Rescue Using an Underwater Drone | Deep Trekker
and
Search and Rescue

 

[Chelly]

Does the Gold Run River border Morphew property or is it called So Arkansas River?

 

[Chelly]

Does anyone know if boating (fishing) or rafting is common on that river in BM's backyard?

 

[303gmf]

Does the Gold Run River border Morphew property or is it called So Arkansas River?

S Arkansas, more of a creek there and too small for boating unlike the main Arkansas River
Many miles of world class whitewater from above Buena Vista to Canon City.
Salida has a large and very old whitewater festival called FibArk.

 

[rainbowshummingbird]

Does anyone know if boating (fishing) or rafting is common on that river in BM's backyard?

Fishing is popular on the South Arkansas, which is the river that runs close to Barry’s house. Rafting is popular on the Arkansas, but not on the South Arkansas.