Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #51

[GordianKnot]

Kind of a moral question, but what does ‘Justice for Suzanne’ mean?
For me, I don’t know if true justice is attainable for the life of Suzanne, but a confession, a sentencing, and the location of her body revealed, would at least bring some closure. A pipe dream, I know.

BBM:

District Attorney Dan May gave the best possible response to that question in a press conference following Frazee's trial for murdering KB (see video link below). All you need to do is mentally substitute SM's name for KB's, and it pretty well sums it up.

https://9news.com/embeds/video/73-40eb7e6d-f448-4f29-8ecb-a5f3c06adc46/iframe

Perfect justice would be if SM could be here with us today.

We live in an imperfect world, though.

The most we can hope for is imperfect justice.

In the Berreth case, also in the state of Colorado, the closest Lady Justice could come to being perfect was a sentence of LWOP + 156 years for her killer.

What would justice look like here?

What is LWOP + 156.

Final Answer, Alex.

JMO.

 

[Dalgliesh]

I agree with you.
I wonder whether any peer reviewed research is available on the subject?
Catharsis for next of kin, catharsis for everybody else who cares that her life was taken from her by somebody.
I'm pro prosecution too. Less pro defense when its so expensive and time consuming for those waiting, it seems to add to the torture and the misery and it doesn't always pan out well for the victim either.

Justice is a complex moral concept based on a variety of traditions of fairness, equity, or righteousness. It involves the pursuit of truth and the application of principles of reason, ethics, and law.

Western civilization has a longstanding tradition effectively summarized in "Blackstone's ratio": "It is better that ten guilty persons go free than that one innocent person suffer." Blackstone, W., Commentaries on the Laws of England, 4 Vol. (Clarendon Press, 1765 - 1770.) The laws of England influenced significantly the thinking of the Founders, including the principles of criminal law embodied in the Constitution.

That is not to say that this approach to criminal justice is free of scholarly debate and political challenge. If anyone's interested, Here is the final article in a series by multiple authors who take different approaches (I always start with the end: it helps to evaluate whether the earlier arguments actually support the conclusion and respond to the criticism.)

For most citizens of any country, justice is a much more emotional issue; many still atavistically equate justice with revenge. But even some victims reject this idea.

<modsnip>

It isn't right that SM's killer walks free. But I don't believe she would want her husband to be wrongly charged and convicted in her death, and her daughters bereft of their father, because the community seeking revenge on her behalf pressured LE officials into prosecution and rushed to convict him whatever the evidence. From what we know of SM, that approach to justice seems inconsistent with her character.

 

[Boxer]

Justice is a complex moral concept based on a variety of traditions of fairness, equity, or righteousness. It involves the pursuit of truth and the application of principles of reason, ethics, and law.

Western civilization has a longstanding tradition effectively summarized in "Blackstone's ratio": "It is better that ten guilty persons go free than that one innocent person suffer." Blackstone, W., Commentaries on the Laws of England, 4 Vol. (Clarendon Press, 1765 - 1770.) The laws of England influenced significantly the thinking of the Founders, including the principles of criminal law embodied in the Constitution.

That is not to say that this approach to criminal justice is free of scholarly debate and political challenge. If anyone's interested, Here is the final article in a series by multiple authors who take different approaches (I always start with the end: it helps to evaluate whether the earlier arguments actually support the conclusion and respond to the criticism.)

For most citizens of any country, justice is a much more emotional issue; many still atavistically equate justice with revenge. But even some victims reject this idea. <modsnip>

It isn't right that SM's killer walks free. But I don't believe she would want her husband to be wrongly charged and convicted in her death, and her daughters bereft of their father, because the community seeking revenge on her behalf pressured LE officials into prosecution and rushed to convict him whatever the evidence. From what we know of SM, that approach to justice seems inconsistent with her character.

Adding.
MOO the calculated murder of a spouse, mostly of wives is a species of killing while stealing.
Stealing an unearned reputation of a good husband, gaining control of assets and children while avoiding the alimony responsibility for the obligation for a woman who devoted their life efforts to having children and to the family, instead of a becoming financially independent by work.
And all it takes it getting rid of an inconvenient person. Which is why MOO the solution starts to seize the selfish mind.

 

[Dalgliesh]

There are 2 thoughts I find frustrating...

1) LE has all evidence they need to arrest the killer, but politics are preventing that from happening at this time

2) LE does not have the evidence they need to arrest the killer at this time and are waiting on a break through.

These are frustrating ideas, as you state them.

I haven't seen evidence that "politics" (meaning influences unrelated to the merits of the case) has actually interfered with the investigation or the potential prosecution. But in an age of low trust, I understand the skepticism, even cynicism, underlying the thought.

We haven't seen any of the actual evidence, but I agree with those who have pointed to the significance of the issuance of search warrants for BM's residence and the Salida site where he was working just before SM disappeared. Neither the second search of the PP home nor the search of the Salida worksite would have been issued at all unless LE showed a judge significant evidence that a crime had been committed, and that specified evidence of the crime was likely located at those locations. Since both sites are associated with BM, it seems logical to infer LE's evidence points to him as the person committing the crime.

From the recent announcement by LE, it seems clear that they have productive lines of inquiry that remain to be pursued. As others have pointed out, sorting and organizing the evidence in preparation for prosecution. All of this takes time.

Understanding the situation this way, I am inclined to be hopeful and patient rather than frustrated.

 

[Love Never Fails]

BBM:

District Attorney Dan May gave the best possible response to that question in a press conference following Frazee's trial for murdering KB (see video link below). All you need to do is mentally substitute SM's name for KB's, and it pretty well sums it up.

https://9news.com/embeds/video/73-40eb7e6d-f448-4f29-8ecb-a5f3c06adc46/iframe

Perfect justice would be if SM could be here with us today.

We live in an imperfect world, though.

The most we can hope for is imperfect justice.

In the Berreth case, also in the state of Colorado, the closest Lady Justice could come to being perfect was a sentence of LWOP + 156 years for her killer.

What would justice look like here?

What is LWOP + 156.

Final Answer, Alex.

JMO.

Perfect reply. Amen.

 

[kittythehare]

BBM:

District Attorney Dan May gave the best possible response to that question in a press conference following Frazee's trial for murdering KB (see video link below). All you need to do is mentally substitute SM's name for KB's, and it pretty well sums it up.

https://9news.com/embeds/video/73-40eb7e6d-f448-4f29-8ecb-a5f3c06adc46/iframe

Perfect justice would be if SM could be here with us today.

We live in an imperfect world, though.

The most we can hope for is imperfect justice.

In the Berreth case, also in the state of Colorado, the closest Lady Justice could come to being perfect was a sentence of LWOP + 156 years for her killer.

What would justice look like here?

What is LWOP + 156.

Final Answer, Alex.

JMO.

It was you who introduced me to Dan May and I'm forever grateful and inspired.
If he writes 'things' and you hear about them, please let me know because I will buy them and treasure them.
Thank you.

 

[10ofRods]

While we're waiting with hope for some kind of legal action regarding Suzanne's disappearance, I'm pondering the various strategies the new D.A. could take.

The request for an arrest warrant has to contain evidence that will convince a judge to issue the warrant. There have been no body cases (successfully prosecuted) where the evidence was thin (perp was last person to see victim, documented problems in the relationship between perp and victim). The initial amount of evidence only needs to convince the local judge.

Then, once the arrest is made, the whole dynamic of the case changes. People who refused to cooperate with LE up until that point may either be compelled to do so via subpoena or they may be far less reluctant to stay quiet. Many reasons.

People may fear reprisals from the accused, so once the accused is in custody and grasped by the long arm of the law, people who were scared, shy or simply not wanting to be involved...may find themselves involved.

IOW, the second phase of evidence-gathering happens after the arrest (as we've seen in the Leticia Stauch case). The defendant will almost invariably end up providing unintended new strands of evidence to follow, even if they are maintaining their innocence. IOW, defendants slip up once they are in jail. Right now, people in jail don't get visitors, either. They typically consult with their attorneys via Zoom.

The only people they can talk to are other prisoners and jail staff. The desire to explain away details of the case can be very strong.

If the arrestee ends up being BM, one of his major problems as I see it is that he has no alibi for big chunks of time. Had the girls been at home, they might have been able to fill in some of the missing time. If the witness to Suzanne's appearance in Salida on Saturday around 4 pm is not reliable, then BM would have an even greater chunk of time to account for. If his lawyer advises him to take the 5th throughout interrogation, then he'll still have big chunks of time not accounted for. He'd have to hope that witnesses voluntarily come forward to indicate where he was from at least May 8 through evening of May 10.

One strange aspect of this case could be that it might not be just the defendant who takes the 5th. Which would be interesting. I can think of a list of people who might refuse to cooperate, but would be forced to take the 5th in order to remain silent. All of those people, except the defendant, could still be put on the stand and forced to take the 5th in front of a jury, which would be quite uncomfortable and incriminating.

 

[K9Enzo]

I suppose if a family member(s) of SM, as an example, felt very strong about a particular person being the cause of her death, they could sue in civil court for wrongful death. A tactic that puts the defendant in a position to give a deposition (I believe). LE probably wouldn't care for this, but I believe some families have done this. Of course I can't think of a single case right now that was well known in the media/public to use as an example. IMO

 

[Murphy1950]

I suppose if a family member(s) of SM, as an example, felt very strong about a particular person being the cause of her death, they could sue in civil court for wrongful death. A tactic that puts the defendant in a position to give a deposition (I believe). LE probably wouldn't care for this, but I believe some families have done this. Of course I can't think of a single case right now that was well known in the media/public to use as an example. IMO

OJ was convicted in a civil trial, after being acquitted in the criminal trial.

 

[swedeheart]

I suppose if a family member(s) of SM, as an example, felt very strong about a particular person being the cause of her death, they could sue in civil court for wrongful death. A tactic that puts the defendant in a position to give a deposition (I believe). LE probably wouldn't care for this, but I believe some families have done this. Of course I can't think of a single case right now that was well known in the media/public to use as an example. IMO

Tricia just read your comment on Websleuths True Crime Update, @K9Enzo , and I gotta say, it's a fine idea. I will not be mad if this happens, and soon!

Imo.

 

[Boxer]

There are 2 thoughts I find frustrating...

1) LE has all evidence they need to arrest the killer, but politics are preventing that from happening at this time

2) LE does not have the evidence they need to arrest the killer at this time and are waiting on a break through.

MOO Politics makes no common sense, and no political sense.
Unfortunately the no body case requires very solid other evidence, and that's why the no body case conviction rates are so high, because the evidence threshold is higher than if there is a body.

 

[Seattle1]

I suppose if a family member(s) of SM, as an example, felt very strong about a particular person being the cause of her death, they could sue in civil court for wrongful death. A tactic that puts the defendant in a position to give a deposition (I believe). LE probably wouldn't care for this, but I believe some families have done this. Of course I can't think of a single case right now that was well known in the media/public to use as an example. IMO

Tricia just read your comment on Websleuths True Crime Update, @K9Enzo , and I gotta say, it's a fine idea. I will not be mad if this happens, and soon!

Imo.

Unfortunately, there will be no wrongful lawsuit for SM by her siblings (or parents if they were alive) under the Colorado Statute. We learned this after the death of Kelsey Berreth.

Colorado law establishes priorities for who can bring a wrongful death action. The basic purpose of wrongful death law is to provide financial compensation for the person’s who relied financially upon the person who was killed. Given the statutory purpose, Colorado law gives the surviving spouse the exclusive right to bring a wrongful death action during the first year after death. During the second year after death, the heirs, meaning the children of the person who was killed, can also initiate a wrongful death action or can join an action brought by the surviving spouse. If there is no surviving spouse or there are no children, then the parents from the person who was killed also can bring a wrongful death action. Interestingly though, under Colorado law, even if there is no surviving spouse, no children, or no parents, the brothers and sisters of the person was killed have no right to bring a wrongful death action.

Wrongful Death Frequently Asked Questions (FAQ)

 

[al66pine]

Timing, Wrongful Death? Collecting Judgment?

I suppose if a family member(s) of SM, as an example, felt very strong about a particular person being the cause of her death, they could sue in civil court for wrongful death. A tactic that puts the defendant in a position to give a deposition (I believe). LE probably wouldn't care for this, but I believe some families have done this. Of course I can't think of a single case right now that was well known in the media/public to use as an example. IMO

@K9Enzo bbm
Like you, I'm drawing a blank ATM for example of civil WD case unearthing evidence that was useful in crim trial. @Murphy1950 mentioned OJ Simpson, but crim trial preceded civil case, so civil case evd. could not "help" secure a crim prosecution. my2cts.

Another consideration re family member initiating wrongful death action is ability/inability to collect a judgment (if obtained) against defendant. If it's known the defendant does not have assets to pay a judgment* --- would PI atty, typically paid on contingency basis (a percentage of award), accept case, essentially work for nothing? Doubtful, unless plaintiff is willing to spend own money on legal fees & costs for a 'moral victory' of def being found responsible for causing SM's death, but netting no $ in the end? And seems that is rather unlikely too.

It would be wonderful if fam member would bring successful civil WD action against the perp and in doing so would both collect $ from def and unearth relevant evd in bringing about a criminal conviction. my2cts.

__________________________________
* "In the context of ... civil litigation, the term judgment proof is commonly used to refer to defendants or potential defendants who are financially insolvent, or whose income and assets cannot be obtained in satisfaction of a judgment.[1]
.... refers to the inability of the judgment holder to obtain satisfaction of the judgment.[1]
If a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure.[2]" bbm sbm
^ Judgment proof - Wikipedia

 

[Seattle1]

Timing, Wrongful Death? Collecting Judgment?
@K9Enzo bbm
Like you, I'm drawing a blank ATM for example of civil WD case unearthing evidence that was useful in crim trial. @Murphy1950 mentioned OJ Simpson, but crim trial preceded civil case, so civil case evd. could not "help" secure a crim prosecution. my2cts.

Another consideration re family member initiating wrongful death action is ability/inability to collect a judgment (if obtained) against defendant. If it's known the defendant does not have assets to pay a judgment* --- would PI atty, typically paid on contingency basis (a percentage of award), accept case, essentially work for nothing? Doubtful, unless plaintiff is willing to spend own money on legal fees & costs for a 'moral victory' of def being found responsible for causing SM's death, but netting no $ in the end? And seems that is rather unlikely too.

It would be wonderful if fam member would bring successful civil WD action against the perp and in doing so would both collect $ from def and unearth relevant evd in bringing about a criminal conviction. my2cts.

__________________________________
* "In the context of ... civil litigation, the term judgment proof is commonly used to refer to defendants or potential defendants who are financially insolvent, or whose income and assets cannot be obtained in satisfaction of a judgment.[1]
.... refers to the inability of the judgment holder to obtain satisfaction of the judgment.[1]
If a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure.[2]" bbm sbm
^ Judgment proof - Wikipedia

Generally, the only time I've seen a civil wrongful death suit precede criminal case sentencing is when a defendant has already accepted a guilty plea deal. There have been a few exceptions to prevent collection or liquidating life insurance benefits. (I believe Laci Peterson's mother took this route -- filed two suits as estate administrator and mother, each. She later dropped the suits).

No attorney worth his salt would allow their client to incriminate themselves, and why you see the defendant typically take the 5th at any deposition.

Nonetheless, I think filing early typically helps advance discovery and get other witness depositions in place before memory fades, etc.

Also, take note that each state statute determines who has standing to sue for wrongful death.

 

[al66pine]

CO. Who May Bring Wrongful Death Action?

Unfortunately, there will be no wrongful lawsuit for SM by her siblings (or parents if they were alive) under the Colorado Statute. We learned this after the death of Kelsey Berreth.
.... Colorado law gives the surviving spouse the exclusive right to bring a wrongful death action during the first year after death. During the second year after death, the heirs, meaning the children of the person who was killed, can also initiate a wrongful death action or can join an action brought by the surviving spouse... even if there is no surviving spouse, no children, or no parents, the brothers and sisters of the person was killed have no right to bring a wrongful death action. Wrongful Death Frequently Asked Questions (FAQ)

@Seattle1 sbm Thank you very much for your post w link and quote from law firm website.
Yes, under CO law, SM's sibs (or parents if they were still living) are not in class of those entitled to sue for her WD.

However, SM's two dau's are entitled to bring WD suit against (alleged) perp, whether BM or someone else imo.

After Kelsey Berreth's death, someone commented IIRC about KB's parents possibly acting on behalf of KB's dau and suing perp PF for KB's WD. Maybe post said hypothetically parents could do that, maybe not that they actually sued PF. And of course PF's financial situation (judgment proof?) may have figured into decision making.

I know many ppl here have better memories than mine and others can put their hands on a link in no time flat. Anyone? my2cts.

 

[Seattle1]

CO. Who May Bring Wrongful Death Action?
@Seattle1 sbm Thank you very much for your post w link and quote from law firm website.
Yes, under CO law, SM's sibs (or parents if they were still living) are not in class of those entitled to sue for her WD.

However, SM's two dau's are entitled to bring WD suit against (alleged) perp, whether BM or someone else imo.

After Kelsey Berreth's death, someone commented IIRC about KB's parents possibly acting on behalf of KB's dau and suing perp PF for KB's WD. Maybe post said hypothetically parents could do that, maybe not that they actually sued PF. And of course PF's financial situation (judgment proof?) may have figured into decision making.

I know many ppl here have better memories than mine and others can put their hands on a link in no time flat. Anyone? my2cts.

Of course, SM's daughters are heirs and can file (or join their dad's wrongful death suit if applicable) only in the second year after death. The husband has the exclusive right to sue in the first year pursuant to the Colorado statute.

When OP referenced a family member filing suit, I could be wrong but I don't think they were referencing SM's children.

In the Berreth case, Kelsey's parents initially sued PF for the wrongful death of their daughter and later had to amend their suit as the guardians for her surviving child. Under Colorado law, they did not have standing as KB's parents to file suit. Although KB had no husband, she did have a child which barred the parents from suing.

 

[al66pine]

Of course, SM's daughters are heirs and can file (or join their dad's wrongful death suit if applicable) only in the second year after death. The husband has the exclusive right to sue in the first year pursuant to the Colorado statute. When OP referenced a family member filing suit, I could be wrong but I don't think they were referencing SM's children.
In the Berreth case, Kelsey's parents initially sued PF for the wrongful death of their daughter and later had to amend their suit as the guardians for her surviving child. Under Colorado law, they did not have standing as KB's parents to file suit. Although KB had no husband, she did have a child which barred the parents from suing.

@Seattle1
Did not intend to take issue w your conclusions or suggest they were incorrect.
When reading OP's reference to family member possibly bringing suit re SM's death (but not specifying sibs or parents), I saw it as a broader question, encompassing a wider group of fam members. So my post added a point about SM's two dau's being entitled to sue (in yr 2 post-death), even if sibs (or parents if living) could not bring WD action. My apologies.

As to KB's parents, they were not entitled to bring WD action for their own benefit, but apparently they amended petition, cont'ed suit on behalf of gr'dau/for her benefit.

Thank you again for the info & thoughtful analysis you bring to this & the many cases you post on. How do you keep track of them all? In-house staff of dozens?

 

[humblegroundxx]

I've been off WS for a little while working on some stuff, and this was one case I was following strongly for a while. Really sad there isn't better news

 

[Minordetails]

What kind of millionaire leaves for a job site at 5:00 am on a Sunday morning?

 

[Momofthreeboys]

Or an air compressor?

Yes that also could be a possibility. If they had power out there those things are loud when they go on and off.