Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #48

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  • #361
You can be as shocked as you want, but the simple definition of alibi is that the accused was someplace else, other than where the crime occurred. It has nothing to do with how organized, or how likable the accused person is. IMO

As alibis go, it doesn't really matter where BM was on Sunday or what he was doing there if Suzanne died on Saturday.

JMO
 
  • #362
  • #363
Alibi is about time and place. It has nothing to do with smell. IMO
So time he was 2 hours away in a place - Brookfield. Alibi has a bunch of holes because people including workers poked a million holes in it. So yes, it is about time and place but when things don’t fit it’s not a solid alibi. I think that’s what the issue here is..way to many holes in his alibi. Enough that Chafee county LE Hopes Mr. Morphew will continue to cooperate with the investigation.. I don’t think he did that
 
  • #364
Ya'll can discuss permits and contracts and sub-contracts and sweetheart deals and lifelong friendships until the cows come home, but what I see is that contrary to MG's estimate of a half hour's work, BM did at least eight hours of work with his Bobcat and with hand tools. I say that based on a lifetime in and out of construction, but more important....... I believe a defense would have no problem introducing experts to attest to the time required do do the work that BM did.

So, here is what I see of BM's rock solid wall of an alibi:

1. BM claims he left at 5:00 am. It’s a 2 hour 49 minute drive according to Google Maps and Directions. He would have arrived at the jobsite at about 7:49 am.
2. BM did about 8 hours of work with his Bobcat, shovel, hammer and screwdriver……….to peel back the grass seeding mats, scoop the dirt back from the wall with his Bobcat, and pop the adhesive bond each cap piece, laying the cap stone behind the wall.
3. BM undoubtedly went to the Holiday Inn Express, checked in, and got something to eat for lunch (about 45 minutes of time used)
4. Earliest time BM could have been done doing the “half hour of work” is 4:34 pm
5. BM claimed to have finished working at 5:00 pm
6. BM took a long, hot shower and left his wet towels on the floor for the maid to replace.
7. BM claimed to have departed for his home at the same time as the 911 call was being placed by the neighbor, which was 5:46 pm. It’s again a 2 hour 49 minute drive, but there would have been a mandatory 10 minute stop for fuel. The earliest he could have arrived was 8:45 pm
8. BM claimed to have arrived at about 9:00 pm

This alibi can be proven or disproven by:

a. Eyewitness account of the hotel employee who checked BM in.
b. Hotel and meal receipts
c. Video from at least three motel security cameras (parking lot, entry, front desk and key entry)
d. Traffic camera video from a minimum of four operating traffic cameras
e. Cell phone “ping” data
f. Cell phone call logs and text transmission data
g. GPS data from the Ford truck
h. GPS data from the Bobcat loader
I. Eyewitness accounts of LE officers who met BM on CR 225

Basically, it only takes one flaw in the timeline to kill an alibi defense. I just don't see it here. It's too simple and there are numerous ways to confirm. The fact that LE has not found anything to kill it in 5.5 months speaks volumes for considering other possibilities, which neither LE nor MSM have chosen to do publicly. So, the question seems to be:
What next?
IMO
As far as I can tell, BM never claimed to go to the jobsite at all on Sunday. The first time he agreed to an interview was right after JP said there were no tools or machinery at the site and it looked like he hadn't done any work.

He had an opportunity to defend himself and explain any work he did. Instead all he said was that he emptied his tools from his truck, left them at the hotel, rushed back home and told them they had to figure it out. If he had been at the jobsite with his tools and his bobcat, why didn't he just say so?

The only reasonable explanation is that he is aware that LE knows where he was for most of that time and he doesn't want to have to explain any more "discrepancies."
 
  • #365
It doesn’t sound to me that it is real when I look at what his employees are saying (hush money) Why would he be at an employees home at 4am(May 10th) and then texting to get a group together to do a job 2 hours away at the last minute when a job might have been planned on May 7th. Then he is lacking materials and he arrives at 7:00 am to a hotel, sleeps and does 30 minutes of a job and waits and waits in a hotel room until the call comes in that his wife is missing. Leaves some mail there on purpose to show he was there .. I guess just in case the cameras didn’t get him at the hotel to prove the alibi that he was 2 hours away from where his wife went missing. I just think his alibi stinks to high heaven.
RBBM

Right, it really does. He created a fake alibi, to go with the fake bike ride story. It was all a ruse and a very poor attempt at misdirection.

BM likely thinks he is the smartest one in the room, that everyone would buy what he was selling, no one would care about Suzanne, she’d soon be forgotten about and it would all go away.

It didn’t. It won’t. And he is very angry that things are not going his way.

BM is clueless, self absorbed, has zero self awareness, and he underestimated LE and the general public.

His arrogance will likely be his downfall.

IMHO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne
 
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  • #366
How did BM know on Sunday morning he wasn't going to be able to complete his scheduled Monday job in Broomfield?

Oops.

JMO
EXACTLY.
 
  • #367
The point here is that his alibi is not an alibi, because there was no bike ride, and he was not some place else when the crime occurred.

The disorganization is important because it shows that this was thrown together last minute in an effort to misdirect.

Are you telling me you believe there was a bike ride, and Barry’s alibi is real?
If Barry’s alibi was rock solid and as easily verifiable as some people think, then Barry would not still be law enforcement’s suspect.
 
  • #368
  • #369
  • #370
Alibi is about time and place. It has nothing to do with smell. IMO
Hi @DaveF respectfully I’m trying to understand what you are getting at re BM’s “alibi.” I’m pretty sure an alibi (time & place like you said) means the suspect can prove he is at a certain place during the time the crime was committed thus proving he could not have committed the crime. It might be BM’s “alibi“ technically but it still has to be verifiable by LE through witnesses, video, etc. And even then someone could hire a hit man to commit a murder so it just proves they didn’t personally physically do it themselves. Is that what you meant by BM not being a murderer in the first degree? If Suzanne didn’t go on a bike ride on Mother’s Day and the bike was staged then the crime could have occurred when BM was home alone with Suzanne on Saturday (or possibly Friday depending on the ever changing timeline) when he did not have an alibi.

Do you believe Suzanne was alive and well on Sunday morning and went for a bike ride only to be abducted by a stranger? Or eaten by a mountain lion? Do you still believe those other rumors?

The many inconsistencies, poor planning and pulling the crew together last minute for the Broomfield job makes it look like BM was trying to make that job happen sooner to create an alibi to fit with the bike ride story because he knew the bike would be found that day. Not to mention there was no need for him to leave so early which is what he said that Suzanne was sleeping when he left at 5 am Well if he was already on the road texting at 4 am there is an inconsistency in his alibi right off the bat. IMO
 
  • #371
The timeline on this case has behaved like a Mexican Jumping Bean. The very first mention publicly of JP, was the DM article that says he was "ordered" to Broomfield by BM, that morning. Then in another interview with LS, he said BM asked him about the Broomfield job Saturday afternoon, in Salida. There's still another comment by LS on her latest video where she says JP wasn't even confirmed to be on this job, until late Sunday. But no, we've seen the 6:30 time before, I just can't recall where.
I have to go back and dig again myself, but for some reason I had the impression from the LS interview that when JP met BM in Salida Saturday afternoon, he was asked if he would be available to work on the Broomfield job. When JP said yes, I think BM told him he’d get back to him. JP said BM called him Sunday morning to confirm the job. MG said BM told her to pick up JP.
I think BM needed the Sunday alibi badly. However, he did not want to go up to Broomfield with MG. I’m sure he had things to do on the way. :rolleyes: He also had to be ready to leave to go home when his daughters raised the alarm. He didn’t want to leave MG alone in Broomfield because that wouldn’t make sense. She obviously couldn’t fix the retaining wall by herself.
So he concocted the need for additional workers and had
MG pick up the others and bring them to Broomfield. This showed proof of a job and at the same time allowed BM to travel alone and do what he needed to do from Saturday night to Sunday night.
MOO
 
  • #372
Not just an old cop, a very wise, smaht (excuse my NE accent lol) old cop at that! :)

Your experience and wisdom are greatly appreciated @OldCop.

IMHO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

Oh, sheesh. You’re gonna make me blush. Many thanks.
 
  • #373
The question of whether he worked illegally on Sunday is between him and the city who made the ordinance, and the question of whether he provided materials to finish the job is ultimately between him and his lifelong friend in Indiana.

I have a couple of dumb question about the blocks. Looking at the photos of the site the existing blocks look fine, not cracked or broken. The issue was that the wall was crooked not that the blocks were defective. Why couldn't the existing blocks be reused? I don't see any mortar between them. Are they just stacked on top of each other?
 
  • #374

Isn’t that interesting...that seems like a very visible and risky location though...but it should at least be checked out...especially if Chris thinks it’s suspicious! Could she be hidden in plain sight? Too bad there isn’t a camera near that wall unless could there have been one there to watch/study the Eagles? Wouldn’t it be ironic if our national bird representing freedom turned out to be the reason BM lost his?

Nesting Bald Eagles in Broomfield | City and County of Broomfield - Official Website
 
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  • #375
Legally Dead?
Who has the legal right to determine that she is dead?
And would a prosecutor not only have to prove to a jury that she is dead, but also that she was murdered?
“We the jury believe SM to be dead but find BM not guilty” Is she then legally dead?
@Minordetails For your 3 questions.
1. A judge, after a specific proceeding.
2. If in a crim case, to convict def. of murder, yes, prosecutor would have to prove SM is dead, & def. killed her, + more.
3. If that happened w crim jury: SM dead, but BM is not guilty, No, SM is not legally dead. W a crim proceeding, unless there is a conviction, that is not a finding of SM'S death, imo, jmo, moo. IOW in crim case, jury cannot render a verdict that SM is dead, unless there is a crim homicidal conviction, imo, jmo, moo.

Re ^ 1, in CO, SM could be determined to be 'legally dead' thru:
a. SM surfacing alive, happily reuniting w BM, dau's, all fam, decades later (dying of old age?), & Dr. signing death cert.
b. SM surfacing alive, happily reuniting w dau's & grkids, not BM, decades later (dying of old age?), & Dr. signing death cert.
c. Her remains being located, recovered, and properly identified, likely an autopsy conducted by Med Examiner, and a death cert issued. Could be with or w'out criminal prosecution, against BM or someone else.
d. A proceeding in civil court after 5 years in state of CO, present evd to show her absence, etc., so probate ct may declare her dead, then her estate can be distributed, some thru ct per will or intestacy statutes and some prop. assets, accts such as SM'S sole accts at bank or mutual funds may be transferred.*

As always, welcoming comment, clarification, correction, esp'ly from our legal professionals. jm2cts.

________________________________
* Per CO statute* an individual, after absence "for a (1) continuous period of five years, during which he or she has (2) not been heard from, and whose (3) absence is not (4) not satisfactorily explained after (4) diligent search or inquiry..." is presumed to be dead.
https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-10-107.html
 
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  • #376
That’s simply not true. The technical evidence not backing it up, perfectly explains what we are seeing.

His phone records could blow his alibi apart, Suzanne’s phone records could be devastating, and Barry could have literally been caught on camera dumping the bike.

Even if one or all of those things were to be true, it would not be enough to file murder charges.

It proves he’s responsible, but does not prove that the underlying crime is murder.

You are claiming that Barry did 8 hours of work on Sunday (illegality and lack of equipment and materials aside). Even he has not addressed what he did, and how long he did it.

This is pure fiction.
Totally agree! If Barry did 8 hours of work that day, we would know about it because he would be more than happy to provide that information, IMO.

Also, if BM’s alibi was rock solid, we wouldn’t be having this conversation because LE would have cleared him by now IMO.
I’ve seen many cases were the spouse was cleared rather quickly because the alibi checked out. That hasn’t happened here, and with each story that surfaces I can see why.
 
  • #377

I sincerely doubt any of that was news to the CBI in September.

For the record, I think LE is miles ahead of everyone.

The FBI and CBI have access to all kinds of information, including financial records, that no YT channel or investigative reporter could ever access.

JMO.
 
  • #378
More Blocks for Wall?
I have a couple of dumb question about the blocks. Looking at the photos of the site the existing blocks look fine, not cracked or broken. The issue was that the wall was crooked not that the blocks were defective. Why couldn't the existing blocks be reused? I don't see any mortar between them. Are they just stacked on top of each other?
@Harmony 2 :) True, issue was not defective or broken blocks.

But one issue, per one or some interviews: wall needed to be made taller so more blocks were needed.
Other issue was reportedly "straightening out" the wall. <--- both points, iirc. Sorry, no link.
ETA: @MassGuy several posts up provided link, w pdf stating "add height to wall." Source was Chris from P/Evil twitter, which also noted that Chris gave that info to CBI in Sept.
ETA2: No, blocks were not just stacked on top of ea. other. There was also iron rebar in grid/mesh form (terminology?) between the rows of blocks and extending past the blocks, into the backfill to reinforce. After soil compaction by heavy machinery, weight of backfill helps keep wall in place, despite rain and snow putting pressure on backfill to push wall forward and collapse.
 
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  • #379
Hi @DaveF respectfully I’m trying to understand what you are getting at re BM’s “alibi.” I’m pretty sure an alibi (time & place like you said) means the suspect can prove he is at a certain place during the time the crime was committed thus proving he could not have committed the crime. It might be BM’s “alibi“ technically but it still has to be verifiable by LE through witnesses, video, etc. And even then someone could hire a hit man to commit a murder so it just proves they didn’t personally physically do it themselves. Is that what you meant by BM not being a murderer in the first degree? If Suzanne didn’t go on a bike ride on Mother’s Day and the bike was staged then the crime could have occurred when BM was home alone with Suzanne on Saturday (or possibly Friday depending on the ever changing timeline) when he did not have an alibi.

Do you believe Suzanne was alive and well on Sunday morning and went for a bike ride only to be abducted by a stranger? Or eaten by a mountain lion? Do you still believe those other rumors?

The many inconsistencies, poor planning and pulling the crew together last minute for the Broomfield job makes it look like BM was trying to make that job happen sooner to create an alibi to fit with the bike ride story because he knew the bike would be found that day. Not to mention there was no need for him to leave so early which is what he said that Suzanne was sleeping when he left at 5 am Well if he was already on the road texting at 4 am there is an inconsistency in his alibi right off the bat. IMO

I am not a lawyer, and I'm not going to attempt to explain the difference in Colorado between Murder in the First Degree, Murder in the Second Degree, and Manslaughter. The article at the link offers some really pertinent, but brief comments on the differences.

On May 13, 2020 the Chaffee County Sheriff's Office issued a bulletin which said:

"On May 10, 2020 the Chaffee County Sheriff’s Office responded to County Road 225 and West Highway 50 on a report of a missing woman. Investigation revealed that Suzanne Morphew, age 49, from Maysville had gone for a bike ride in that area and had not returned home."

In the September 10, 2020 bulletin of the Chaffee County Sheriff's Office, the status of the case was:

"On May 10, 2020 Suzanne Morphew was reported missing from her home near Maysville,
Colorado."

Obviously the CCSO no longer is confidant that the bike ride is a key element of SM's disappearance. I can see that, and you can see that. What I can't see is WHY LE now thinks that. We simply have been given no information.

I like to look at facts, and we all know there aren't very many of those in this case.

What Constitutes Second Degree Murder in Colorado?

Update on Suzanne Morphew search Tipline established - Chaffee County Sheriff

September 24, 2020 search for Suzanne Morphew - Chaffee County Sheriff
 
  • #380
I have a couple of dumb question about the blocks. Looking at the photos of the site the existing blocks look fine, not cracked or broken. The issue was that the wall was crooked not that the blocks were defective. Why couldn't the existing blocks be reused? I don't see any mortar between them. Are they just stacked on top of each other?

I'm certainly not an expert on retaining wall construction, but here's what I know:

1. There is a footing layer which in this case consisted of a row of block the length of the wall which was set in some sort of medium or substance....it looks kind of like concrete that is two feet wide and eight to 12 inches deep.

2. There are anywhere from two to seven tiers of block above that footing, forming a wall that is shorter at the upper end and tallest in the section before the tapered lower end Each layer of block is held to the previous layer by that mesh that you see. There is no "mortar", so it can be taken apart without harming the individual blocks. Each layer (or course) is slightly offset back into the hill from the layer below it, to spread the ground pressure evenly against the back side of the wall.

3. The top caps are set with adhesive, which is similar to mortar except with more binding ability. If a large flat blade screwdriver is used like a chisel (with a hammer) to break the adhesive bond, the capstones should all pop off unharmed.

So yes..........the wall should have been repairable with the mortar and hand tools that BM left for his crew. What they did not have the tools for was the replacement of the earth and seeded ground mats that BM had moved back away from the wall with his Bobcat. Obviously he didn't trust his employees with the machine, and planned on doing that part himself.

I question LS's contention that the wall was raised. That would not have been repair work, but would have been a change order to the original work contract. Nobody is going to build a higher wall for free. JP, in his interview with LS, insisted on describing how the wall was built back in October, and saying he didn't have the tools to do that. Since he wasn't describing a repair job, I wonder if he even understood what they were doing there. It looks to me like CC finished the job by himself after JP and MG left.

The backfill and smoothing of the earth behind the wall was obviously done by Garrett, with their own machinery. They obviously had the machinery and I'm sure BM's friend was happy to help, as I'm sure BM offered to pay for it. At the end of any construction job, it is not at all unusual to see "punch list" items which need to be finished or corrected, actually done by others, that the sub-contractor has hired for convenience. In this case, I'm sure it was a great help to BM. I do not believe for a moment that the entire wall was torn apart and rebuilt again between the second and fourth weeks in May.

When a job like this is done, any of the major material like the block and capstones are bid directly to the general contractor. The subsequent order is at a fixed guaranteed price, for specified or approved materials. If new block or capstone was required, the general contractor (Garrett) would order the materials as a change to that supplier order. It's the traditional way to do it, but it also ensures that they get matching items. The adhesive, sand, etc for repair would not necessarily fall under that. BM could have ordered them anywhere. I'm looking at pictures that clearly show the wall got taken down and rebuilt properly, so I'm not buying into the "no materials" claim.
Basically, I see both MG and JP having very firm ideas which don't seem to me to even resemble the work to be done. Since CC and CL built the original wall, it seems like CC was the only one there who understood what BM expected. Somebody put it back together right, and it sure wasn't MG or JP.
It's all my opinion. IMO
 
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