Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #35

[Tate123]

Thanks @Fireflize & WS family! I would rather the roof get ripped off than lose my internet connection...or AC! Lol

Sending all good thoughts Lily!

 

[LietKynes]

I second this, I can personally attest to the fact certain forensic tests take MONTHS to get back due to back ups at the lab and that was before COVID so im sure its even slower now. Plus given the volume of information, they may have, hashing out the specifics may take some times. emails and financial documents alone can be thousands of pages to go through

Ita.
Plus all of the gps logs. ^^^

And that's assuming BM might have done something alone without assistance.
If other vehicles/phones were involved it could be a lengthy slog.
But I'm willing to wait.
I want this perp nailed... whomever it may be.
MOO

 

[Lilypad13]

Colorado is an at will employment state. Unless you can prove that MG fits into some extremely narrow exceptions, BM was/is allowed to end her employment with any or no reason whatsoever. And, in fact if MG is acting as an independent contractor, which is common in construction day workers, she would not be eligible for unemployment compensation.
Colorado Wrongful Termination Laws

DBM something wonky happened - thought was replying to Nuttmeg sorry!

 

[Seattle1]

Actually, yes, the individual texts are there in the Cloud - at least for a while, depending on provider. They are encrypted so that in theory, they are safe and and privately stored.

180 days is the storage time listed in the article below, which also says that all it takes for LE to get them is a subpoena.

No Warrant, No Problem: How the Government Can Get Your Digital Data — ProPublica

So yep, with or without phone, text messages are available for 180 days to LE. Must be a fascinating morass in this case.

Facebook messages are also available by subpoena, but I don't know how long they keep them.

Perhaps one of our lawyers will weigh in, but I believe these subpoenas are only available to LE and in criminal cases.

^^BBM

Respectfully, you're citing news article dated 2014 and much has changed including 2018 Supreme Court ruling updating the law for digital times.

US Supreme Court rules police generally need a warrant to track cell phones — a big win for privacy activists.

The court decided the 1979 case before the digital age, and even the law on which prosecutors relied to obtain an order for Carpenter's records dates from 1986, when few people had cellphones.

The Supreme Court in recent years has acknowledged technology's effects on privacy. In 2014, Roberts also wrote the opinion that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.

 

[10ofRods]

I think he called both employees "methheads" to suggest that anything they said could not be believed. I don't think BM gave a specific reason as to why he fired her, but there must have been a lot edited from both interviews, especially the hour and a half interview with MG. I thought maybe there would be a part two or some kind of follow up. Maybe LS is just waiting for the right time.

If he lied to discredit his co-workers, I see him as telegraphing that he's guilty. It's really terrible to lie about other people and implicate them in criminal activity.

The fact that he was close enough to them to know this about them and still hired them...well, no wonder the wall was done poorly.

On another note: BM must not be looking for new jobs right now, because he has told the world that he hires meth heads.

 

[PaulaDC]

Hey @swedeheart thanks and you’re Mom should be just fine except for a ton of rain and storm surge. Hopefully she doesn’t live right on the coast. If so she most likely has evacuated. It looks like Sally is going to make landfall far enough East that MS will not get hurricane force winds at all...but even if they do, Sally is no Katrina! And I don’t think you are weird - I get it and we usually try and make the hurricane chaos & bad weather fun by playing games and eating and maybe a little drinking too but my family isn’t sheltering together due to Covid. Just me, Daisy, DH...and my MIL! Ya’ll are really feeling sorry for me now aren’t ya? I wish I was in Europe with you, @Skigh & @MrsWatson right now!

Edit: please excuse my OT discussion and I won’t post anymore about our little hurricane except just to say thank you to everyone for thinking of me and cheering me up and guess what? Power literally just went out.

Unfortunately all a hurricane needs to do is slow down to cause widespread flooding. Stay safe and dry. Been through many without any form of communication or information. Just be smart. Best wishes.

 

[Lilypad13]

In the latest PE Choir Practice, at around the 11.12 minute mark, Chris says to AM, "We're working on a couple of things - I don't know when you want to, you know, talk about that, on the other side of it, in terms of, you know, some of the stuff that's coming, but I'll leave that - I can - I don't want to get ahead of it." Does anyone know what this is referring to? Is it to do with the search, or more info that's coming out from LS's interviews, it just got me wondering. I noticed CM touched the back of his neck when he said it, I don't know, just got me curious what it was all about.
@Lilypad13 stay safe from Hurricane Sally - just had a look on youtube at some footage, whoa

Thanks...Sally is being a drama queen worse than me right now! I was also wondering about that comment that Chris made but I forgot about it until just now when I read your post. Yeah, what was that all about? It definitely seemed like he was holding something back. Hmmm....

 

[10ofRods]

^^BBM

Respectfully, you're citing news article dated 2014 and much has changed including 2018 Supreme Court ruling updating the law for digital times.

US Supreme Court rules police generally need a warrant to track cell phones — a big win for privacy activists.

The court decided the 1979 case before the digital age, and even the law on which prosecutors relied to obtain an order for Carpenter's records dates from 1986, when few people had cellphones.

The Supreme Court in recent years has acknowledged technology's effects on privacy. In 2014, Roberts also wrote the opinion that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.

My article said subpoena, I believe. Are you saying that it must be a warrant everywhere, or can it be a subpoena? In any case, my point was that for years it's been routine for LE to be able with a legal document such as a subpoena...to get cell phone records.

Are you saying that subpoenas don't work and I should stop saying subpoena? Or can I say either/or?

Because, yep, it's been a few years since I was involved in digital cases - but we used subpoenas (California). Not warrants. Subpoena is the term generally used in California for records and documents, or to compel words/testimony.

Is the difference between a subpoena and a warrant the same in all states? (I have no idea).

And did the Supreme Court say that subpoenas can't be used - it must be a warrant? As you can see, I'm confused.

Anyway - it's routine to get the information in a criminal case, just get the Court to sign off (that was my point).

 

[Lilypad13]

Be safe! I will keep you and Daisy in my prayers!

Thank you so much, we appreciate it! So can you tell me if you work at Area52 and if so what they have hidden there? That would make my night. Lol Then the MIB would come after both of us though.

 

[Lilypad13]

Very interesting program, the whole thing. AM sounded a bit defeated, saying IIRC that the search would probably not result in anything.

One parallel item, I'm listening to that podcast on Susan Powell PE recommended, at some time into her disappearance they got together a whole bunch of volunteers to help search for her in the desert. LE was appalled, with all the (thousands of) dangerous mines, liability, inexperienced but well-meaning searchers, etc. I think they finally did the search, but like AM, with emphasizing experienced searchers, etc. In the podcast they extensively described what old mines are like, with gases, eroding rocks and pillars, very dangerous, they portrayed it. The professional searchers had to lower down specialty cameras, and even after each mine they couldn't be sure it was really searched, due to crevasses, cave ins, etc. I thought it was interesting.......a glimpse into the thoughts of LE on volunteer searches, some 10-11 years earlier.

That sounds really interesting and I’m going to check that out. I hope there is someone involved with the search that has the capability and expertise to search old mines. I hope they at least can search the Copper King mine near the home.

 

[ivegotthemic]

My article said subpoena, I believe. Are you saying that it must be a warrant everywhere, or can it be a subpoena? In any case, my point was that for years it's been routine for LE to be able with a legal document such as a subpoena...to get cell phone records.

Are you saying that subpoenas don't work and I should stop saying subpoena? Or can I say either/or?

Because, yep, it's been a few years since I was involved in digital cases - but we used subpoenas (California). Not warrants. Subpoena is the term generally used in California for records and documents, or to compel words/testimony.

Is the difference between a subpoena and a warrant the same in all states? (I have no idea).

And did the Supreme Court say that subpoenas can't be used - it must be a warrant? As you can see, I'm confused.

Anyway - it's routine to get the information in a criminal case, just get the Court to sign off (that was my point).

In 2014 the Supreme Court Ruled in California v Riley:

The search of the data on a cell phone is a major invasion of privacy due to the quality and quantity of personal information stored on cell phones. The government may not conduct a warrantless search of cell phone incident to arrest; rather, the government must secure a warrant or demonstrate exigent circumstances.

The Fourth Amendment prohibits unreasonable searches and seizures, accessing an individuals cell phone data qualifies as a search under the legal definition and hence requires a warrant

and just and FYI for all my WS's out there, if LE ever have legal reason to confiscate your phone, obviously give it to them, BUT they need a warrant for your password. You are under no obligation to provide them with your pin or password. The more you know

 

[elmomom]

DBM something wonky happened - thought was replying to Nuttmeg sorry!

That’s ok! Be safe and well Lily!

 

[Seattle1]

Under Riley v California (2014) the Supreme Court ruled the search of the data on a cell phone is a major invasion of privacy due to the quality and quantity of personal information stored on cell phones. . The government may not conduct a warrantless search of cell phone incident to arrest; rather, the government must secure a warrant or demonstrate exigent circumstances.

So they have to get a warrant and warrants have to state the specific information LE is looking for, but they dont need the actual phone they can get it from the carrier

Under Carpenter v United States (6/22/2018), the United States Supreme Court updated the law to prevent authorities from merely using a court order to obtain records from the provider under the Store Communications Act (1986).

Carpenter v. United States: Cell Phone Location Data Requires Warrant

The government had obtained the cell site location information by court order under the Stored Communications Act, which requires a showing of specific facts that there are “reasonable grounds to believe” the records sought will aid an ongoing criminal investigation.

Carpenter argued that the data collection constituted a search under the Fourth Amendment and required a criminal warrant supported by the higher “probable cause” standard.

 

[osu]

I’m trying to catch up. I live on the Gulf Coast of Alabama and I’m currently huddled with my freaked out dog in the living room listening to continuous heavy rain and scary loud wind gusts. Hurricane Sally has us in her path and she is moving excruciatingly slowly. BTW It’s never a good sign when you turn on the tv for a hurricane update and there are three The Weather Channel reporters broadcasting from your city! Luckily Sally is only a Cat 1 but it’s tearing up our beautiful white sand beaches with the storm surge and many more areas will be flooded.

I just watched the PE from last night and was very impressed with Mark Johnson and his company Visual Law. It has been discussed up thread in more detail but it’s just so awesome they are going to help AM with the search! I can’t wait to see what happens starting on the 24th. PE is not going but it sounds like AM and LS will keep in touch with them because they said they will give nightly updates - so hopefully we will get to find out where they are searching. Since CCSO & CBI are assisting AM now the locations might be very telling. Andy seemed very down last night. He said he was exhausted but I also think he’s really sad. He said nothing good will come of this (search) and I thought that was weird but then he explained that it’s not good if he doesn’t find her and it’s not good if he does. Poor Andy, I get it. But I do think some good will come out of finding Suzanne...a proper burial, closure for her family and hopefully an arrest & conviction! The reality that he might actually find his baby sister is probably hitting him hard. IMO

I contributed to the search fund but wish there was more we could do if we aren’t going to the search. If I’ve missed anything in that regard please let me know. I really wish I could go and participate. It’s just too far and I’m a little to old to be hiking mountains in that elevation and also Covid. And I’m also more than a little scared of mountain lions, bobcats & pumas now! And bears! I’m an RN and thought about signing up to volunteer in a medical tent or pass out water. It’s about a 20 hour drive from Alabama. So if anyone from my area is thinking about going but doesn’t want to drive alone please let me know. It might be too late to sign up soon and I could still be convinced.

My thoughts & prayers to everyone else dealing with hurricanes...and wildfires. Crazy times right now! It’s going to be a long night because these roaring winds and creaky noises are getting scary but I’m going to eat hurricane junk food and Daisy & I ate going to hang out with you guys on and off this evening until I lose power and Wifi.

Thinking of you and your pup tonight. Praying that the storm passes quickly.

 

[Hoosierfan72]

Someone who is running from something ? Otherwise why?
JMO

I don't think the CO move was based on running away from anything. BM was an avid hunter. SM enjoyed the outdoors. Their daughter was going to college in CO. I think this was a planned move, IMO.

That's not to say problems in their marriage didn't follow them out to CO, but I think something changed in CO - not sure what it was.... but that's just MOO.....

 

[nyvictoria]

Idk but in the beginning he wanted to be referred to as "the husband", which I found odd.
Imo.

Well that’s certainly interesting. I’ve not heard that before. Was he trying to protect his business or his personal life or both?

 

[Area52]

Thank you so much, we appreciate it! So can you tell me if you work at Area52 and if so what they have hidden there? That would make my night. Lol Then the MIB would come after both of us though.

Honestly, I wish I could tell you that I work at Area 52, but that would be a lie. However, having been at home with family and homeschooling during these trying times, I'm convinced there's absolutely nothing out there any scarier than what's going on in my own house !!!! Lol.

 

[ivegotthemic]

Under Carpenter v United States (6/22/2018), the United States Supreme Court updated the law to prevent authorities from merely using a court order to obtain records from the provider under the Store Communications Act (1986).

Carpenter v. United States: Cell Phone Location Data Requires Warrant

The government had obtained the cell site location information by court order under the Stored Communications Act, which requires a showing of specific facts that there are “reasonable grounds to believe” the records sought will aid an ongoing criminal investigation.

Carpenter argued that the data collection constituted a search under the Fourth Amendment and required a criminal warrant supported by the higher “probable cause” standard.

Criminal procedure somewhere I have a very nerdy chart showing whats falls under a search/seizure and what doesnt with case cites. Ill try and find it so I can share

 

[nyvictoria]

Deleted-already answered

 

[Seattle1]

I don’t find it odd. MG was already set to go up there as it was supposed to be just her and Barry. And yeah I guess Barry talked to JP on Saturday (would love to know what time) and he got on Board and CC did too. I don’t find this to be anything nefarious when taking into account this line of work.

To be clear, MG cited that a month earlier or last April, it was planned that only BM and MG would travel to the Broomfield job site to repair the defective work.

(MG's account establishes credibility to the story BM told AM about having to correct deficient work performed earlier by BM's company. I believe BM gave AM a different Job location).