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

[Seattle1]

@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?

@al66pine - no gremlins in my basement!

I also did not read as you're taking issue, and sorry the intent of my post not coming across clear: to point out that every state's wrongful death statute is different, and how very unusual the wrongful death laws are under the Colorado Statute (i.e., placing restrictions on parents, and where siblings are excluded, period)!

As most of us watched and supported AM leading the search for his sister, I believe many might be surprised to learn that in Colorado, a brother can never file a wrongful death lawsuit for his sibling.

I'm drawing a blank for any example of children filing wrongful death suit against their surviving parent. IMO, under most families, that would seem counterproductive.

In another twist, -- in my home state of Alaska, only the personal representative of the decedent's estate can file a wrongful death lawsuit, and any decision by the court as to the distribution is binding.

Here's a great link to reference the wrongful death statute of your own state:

Wrongful Death Settlement Distribution Laws by State - FindLaw

 

[Momofthreeboys]

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

Colorado has very specific rules for who can sue. The surviving spouse of a deceased person is the only person who may file a wrongful death claim in the first year after the death. During the second year after the deceased person's death, both the surviving spouse and the surviving children of the deceased person may file.
If there are no children, the deceased person's parents may file a wrongful death claim in Colorado, but that does not apply here.

 

[Seattle1]

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

I remember the question about power came up earlier.

I recall that the first permit pulled even before the demolition permit was temporary power. I believe the timeframe was about Nov-Dec 2019.

I think without a doubt the building site had power last May 2020 when the late-night noise in question was heard.

MOO

 

[Puzzles8]

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.

The definition of Justice is a very good question. What is Justice and what it is not.

IMO, Justice is very rarely black or white, it more often comes in many different shades of gray. Hammurabi would describe Justice much differently than our modern day court systems.

I’m sure I would personally view justice differently if I was the victim of the crime.
I’m sure I would personally view justice differently if the victim of the crime, was a friend or family member.
I’m sure I would personally view justice differently based on the brutality of the crime.
I’m sure I would personally view justice differently based on the crime’s effect on witnesses or survivors.
I’m sure I would personally view justice differently considering mitigating circumstances or past wrongs.

The reality is we don’t live in a perfect world, and we never will. We are humans trying to do our best. Though the US Court system is not perfect, I do believe it is one of the best in the world.

And thankfully we are all here to respectfully weigh the different shades of gray.

JMO. MOO, etc.

 

[al66pine]

Millionaire. At 5:00 am?

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

@Minordetails Taking your question literally, not as posed in jest.

This kind comes to mind first:
The kind profiled in book The Millionaire Next Door,* by Thomas J. Stanley & William D. Danko.
Not a get-rich-quick or guide book, but observations about how self made ppl/millionaires work (hard) and live (modestly). It's not all not tuxedos, evening gowns, & sipping champagne at galas or on the red carpet.

Also coming to my mind is a man of unknown financial status, desperately trying to create an alibi, destroy evd, and distract others from his crimes. Perhaps trying to recruit others to aid and abet him?

Just considering possibilities.
_________________________________________
* https://www.amazon.com/Millionaire-...589795474/ref=cm_cr_arp_d_product_top?ie=UTF8

 

[Hoss569]

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 Stacy 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.

Would a death certificate be needed to file for WD? I could have missed something tho, it makes sense about filing early as well.

It seems like BM is still in the free legal advice column and yet to move over to the accurate legal advice column. I can't imagine that an attorney is advising him, wait, he is listening to an attorney's advice on how he should be handling the situation. All In My Opinion. I could see BM coming up with a crazy antic of suing for lack of performance, emotional distress, failure to perform, not doing there job right, not paying attention to my story, ruining my business, etc. Maybe not so much suing, but speaking more about it like he already has. It wouldn't surprise me if he has already mentioned some lawsuits.

 

[Puzzles8]

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

Initially, I assumed the loud machinery noise at the Salida site was from the bobcat or Barry's truck.

As I think about it, the noise might have been from another piece of machinery/tool at the Salida site that BM had use for, powered by a generator or air compressor.

That would open up some more possibilities. Bobcat certainly might have been part of it, but other tools/machinery might also be involved.

Just thinking out loud..

 

[steeltowngirl]

Opinion alert! about the meaning of justice.

It was mentioned a few posts back that Suzanne’s character may have been such that she would not want BM (or anyone for that matter) wrongfully charged.

I agree with that - in part. But, for all we know, she might not want anyone charged - even rightfully! It’s not impossible that she was just that good of a person that she would never seek revenge or want someone else’s life destroyed when hers cannot be brought back.

As an example: I am old enough to remember a time when victims of domestic abuse were asked by police if they wanted to press charges. Many chose not to, out of fear, or forgiveness. Nowadays (at least in my state), they aren’t given that choice. If there is evidence of abuse, the police press the charges, without the victim’s consent. Lives have been saved as a result.

Justice is for the victim, the families, but most of all - for society. The government can move forward with whatever cases it chooses because our justice system views crime as something that is a wrong against society - no matter who is actually harmed. That’s why a criminal case is recorded as the State vs. Defendant, while a civil case with the same parties involved might be recorded as Plaintiff vs. Defendant.

It is the government that is seeking justice in every criminal case, which is why the police do the investigating and the prosecuting attorney trying the case is paid for by the State or Federal government. If the public or a victim is happy that justice is served, the government simply considers that an added bonus.

If no victim meant no case, then murder trials would be a problem since, for obvious reasons, there is no victim to testify. It would be weird if nobody was ever charged for murder because there was no victim around to complain, so the government seeks justice without the victim’s permission.

In due time, when the DA believes they have what’s needed to proceed, this case will be moved forward and justice will be served for the people. Just like every other criminal case.

jmo

 

[Seattle1]

Would a death certificate be needed to file for WD? I could have missed something tho, it makes sense about filing early as well.

^^RSBM

Good question. Although the burden of proof for filing the civil action suit is lower, the plaintiff must still prove four key elements to prevail in a wrongful death suit including proving death caused by the defendant (i.e., negligence, breach of duty, causation, and damages).

In the missing body case of Kelsey Berreth and the WD suit filed against P Frazee by the plaintiffs, they don't cite that they have a death certificate but instead cite their complaint is upon information and belief that PF murdered KB; and also upon information and belief that PF was criminally charged with the crime of murder on Dec 21, 2018. ...

At a minimum, I think there have to be criminal charges of murder filed against the defendant. MOO

The 4 Elements Of A Wrongful Death Lawsuit

 

[Minordetails]

Justice is often sought most by those closest to the victim. When those who are closest to the victim are silent, or appear indifferent, then what’s the rush? We got a distant brother, a couple of retired cops, some youtubers, a between jobs reporter, and some websleuthers who are all vocalizing their desire for justice. Where are the voices that matter?

 

[Seattle1]

(I believe Stacy Peterson's mother took this route -- filed two suits as estate administrator and an individual or her mother, each. She later dropped the suits).

^^sbm

I meant to type Laci Peterson -- not Stacy. Sorry about that.

It was Sharon Rocha, Laci's mother, that filed a wrongful death lawsuit against Scott prior to his conviction.

https://www.modbee.com/news/local/c...erson-moving-toward-trial/article3096607.html

 

[Boxer]

Justice is often sought most by those closest to the victim. When those who are closest to the victim are silent, or appear indifferent, then what’s the rush? We got a distant brother, a couple of retired cops, some youtubers, a between jobs reporter, and some websleuthers who are all vocalizing their desire for justice. Where are the voices that matter?

MOO it seems absurd, but the people you mentioned advocating for her are now her very good friends.

 

[OldCop]

I doubt it, and I think MG would have mentioned it if that was the case.

It would be a huge risk for BM to lie about whether he had the bobcat or not, as all it would take is one witness or surveillance camera image to catch him out.

I’m confident that law enforcement knows the answer to this.

RBBM I agree that LE knows the answer to this. I’ve had a couple of different theories about the Bobcat, the Salida site and Broomfield. They are kind of disjointed and each has some holes in it. Throwing them out for discussion:

Did he lie? Did he get caught in that lie? Is that why BM made the statement that he made a mistake about the time he was doing a “mechanical thing” with his Bobcat?
Did he bring the Bobcat from the Salida work site to Broomfield to dispose of SM along the way? He never thought LE would suspect him; he thought they would buy the bike ride story. No questions asked. If he was asked why he didn’t leave it for his workers to work on the wall, he could say he had to leave Broomfield because his wife was missing and he didn’t know how long it would be before he could go back to retrieve it. However, we also know he threw all those (useless) tools in the hotel cart before he left to go home. He might have said he used the trailer to haul the tools, not the Bobcat, and point out that his Bobcat was home in his yard. I think he could have left the trailer at the burial site while he went to Broomfield and then picked it up on the way back. This, of course would have been extremely risky, but so is murdering your wife and disposing of her body. He made mention of the fact that he didn’t do anything wrong in Broomfield and that there were all kinds of cameras around the hotel.
I’m thinking BM arrived back at Puma Path on the night of 5/10 with either an empty trailer or no trailer. He would have to drive by all of the LE searching the area for SM to get to his home. We know from overhead news footage that when parts of the yard were cordoned off with police tape that BM’s Bobcat was used for one of the stabilizing points for the tape line, but the trailer was not. That means it could have been parked afterwards. See attached photo. The problem with this is, if BM took the Bobcat from the Salida property to bury SM instead of using his own, he would also have to return it without being seen

Or did he use the Salida work site Bobcat sometime during the wee hours of 5/9 to do a dirty deed. He didn’t want to use his own Bobcat in case they did any forensic testing on it. The whole beach area, middle of the night noise, MG saying he worked at the beach Friday night, MG raking it out on Saturday morning, Saturday BM morning jitters, hiring JP on Saturday afternoon....... I’m still not sure SM wasn’t killed Friday night and all the running around Sat/Sun was disposal of evidence and alibi building. MB’s, (the neighbor), memory was a little clouded as to what night she actually heard that machinery. Remember, no one knew SM was missing at the time, and BM was not connected to the site publicly until several weeks later.
Or Maybe he took it off site Friday night while he was working there and returned it Saturday night and that’s when the neighbor heard him?
MOO

 

[TIGER0822]

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

The same millionaire who was outside MG’s house at 4am, allegedly to call her from outside the gate.

 

[Boxer]

RBBM I agree that LE knows the answer to this. I’ve had a couple of different theories about the Bobcat, the Salida site and Broomfield. They are kind of disjointed and each has some holes in it. Throwing them out for discussion:

Did he lie? Did he get caught in that lie? Is that why BM made the statement that he made a mistake about the time he was doing a “mechanical thing” with his Bobcat?
Did he bring the Bobcat from the Salida work site to Broomfield to dispose of SM along the way? He never thought LE would suspect him; he thought they would buy the bike ride story. No questions asked. If he was asked why he didn’t leave it for his workers to work on the wall, he could say he had to leave Broomfield because his wife was missing and he didn’t know how long it would be before he could go back to retrieve it. However, we also know he threw all those (useless) tools in the hotel cart before he left to go home. He might have said he used the trailer to haul the tools, not the Bobcat, and point out that his Bobcat was home in his yard. I think he could have left the trailer at the burial site while he went to Broomfield and then picked it up on the way back. This, of course would have been extremely risky, but so is murdering your wife and disposing of her body. He made mention of the fact that he didn’t do anything wrong in Broomfield and that there were all kinds of cameras around the hotel.
I’m thinking BM arrived back at Puma Path on the night of 5/10 with either an empty trailer or no trailer. He would have to drive by all of the LE searching the area for SM to get to his home. We know from overhead news footage that when parts of the yard were cordoned off with police tape that BM’s Bobcat was used for one of the stabilizing points for the tape line, but the trailer was not. That means it could have been parked afterwards. See attached photo. The problem with this is, if BM took the Bobcat from the Salida property to bury SM instead of using his own, he would also have to return it without being seen

Or did he use the Salida work site Bobcat sometime during the wee hours of 5/9 to do a dirty deed. He didn’t want to use his own Bobcat in case they did any forensic testing on it. The whole beach area, middle of the night noise, MG saying he worked at the beach Friday night, MG raking it out on Saturday morning, Saturday BM morning jitters, hiring JP on Saturday afternoon....... I’m still not sure SM wasn’t killed Friday night and all the running around Sat/Sun was disposal of evidence and alibi building. MB’s, (the neighbor), memory was a little clouded as to what night she actually heard that machinery. Remember, no one knew SM was missing at the time, and BM was not connected to the site publicly until several weeks later.
Or Maybe he took it off site Friday night while he was working there and returned it Saturday night and that’s when the neighbor heard him?
MOO

Lots of good thoughts.
.
Sheriff knows what night it was from when she talked to the workers, she may have even talked BM and MG on Saturday.
If noise was on Friday night, and she said she walked over to talk to workers the next day

 

[O.Incandenza]

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

I believe in the Gary Triano/Pam Phillips case a successful wrongful death suit was filed by two of Triano's children against his ex-wife Phillips and the hitman well before they were arrested. They ended up being awarded $10 million. I don't know that any new evidence was uncovered by the suit, but I think some people credit it with giving the prosecutors the confidence to file murder charges. If nothing else, it's a chance to see how the evidence plays to a jury, even if the burden of proof is different. And it obviously brings attention to the case again.

 

[Tumbleweed]

RBBM I agree that LE knows the answer to this. I’ve had a couple of different theories about the Bobcat, the Salida site and Broomfield. They are kind of disjointed and each has some holes in it. Throwing them out for discussion:

Did he lie? Did he get caught in that lie? Is that why BM made the statement that he made a mistake about the time he was doing a “mechanical thing” with his Bobcat?
Did he bring the Bobcat from the Salida work site to Broomfield to dispose of SM along the way? He never thought LE would suspect him; he thought they would buy the bike ride story. No questions asked. If he was asked why he didn’t leave it for his workers to work on the wall, he could say he had to leave Broomfield because his wife was missing and he didn’t know how long it would be before he could go back to retrieve it. However, we also know he threw all those (useless) tools in the hotel cart before he left to go home. He might have said he used the trailer to haul the tools, not the Bobcat, and point out that his Bobcat was home in his yard. I think he could have left the trailer at the burial site while he went to Broomfield and then picked it up on the way back. This, of course would have been extremely risky, but so is murdering your wife and disposing of her body. He made mention of the fact that he didn’t do anything wrong in Broomfield and that there were all kinds of cameras around the hotel.
I’m thinking BM arrived back at Puma Path on the night of 5/10 with either an empty trailer or no trailer. He would have to drive by all of the LE searching the area for SM to get to his home. We know from overhead news footage that when parts of the yard were cordoned off with police tape that BM’s Bobcat was used for one of the stabilizing points for the tape line, but the trailer was not. That means it could have been parked afterwards. See attached photo. The problem with this is, if BM took the Bobcat from the Salida property to bury SM instead of using his own, he would also have to return it without being seen

Or did he use the Salida work site Bobcat sometime during the wee hours of 5/9 to do a dirty deed. He didn’t want to use his own Bobcat in case they did any forensic testing on it. The whole beach area, middle of the night noise, MG saying he worked at the beach Friday night, MG raking it out on Saturday morning, Saturday BM morning jitters, hiring JP on Saturday afternoon....... I’m still not sure SM wasn’t killed Friday night and all the running around Sat/Sun was disposal of evidence and alibi building. MB’s, (the neighbor), memory was a little clouded as to what night she actually heard that machinery. Remember, no one knew SM was missing at the time, and BM was not connected to the site publicly until several weeks later.
Or Maybe he took it off site Friday night while he was working there and returned it Saturday night and that’s when the neighbor heard him?
MOO

I, too, have been thinking a lot about the bobcat and the trailer in the driveway. It has always bugged me the the bobcat is not on the trailer in the helicopter video. I would think that if he had the bobcat on the trailer and he had it with him when he returned Sunday night, the bobcat would have remained on the trailer. Whether he is innocent or guilty, I don't think he'd take the time to back the bobcat off of the trailer and then drive it up the left side of the trailer to where it is located in the picture (by the hitch). It's also looks to be a tight fit for him to do that. So I am leaning toward the bobcat was left home and the trailer was put there afterward.

The other thing I've been looking at is trying to discern bobcat tire tracks. You can easily see them in the dirt on the trailer but I don't really see them in the gravel on the driveway. It could just be a function of the type of gravel/crusher fines, but I was thinking it could mean that area was raked. Also, I believe you can see that the bobcat has been used on the dirt to the left of the bobcat (looking at the lines in the dirt.) It also looks like there are some new plantings there as well. Not sure it means anything but perhaps...

Just some thoughts I've been having...

 

[MassGuy]

Justice.

In an ideal world, Suzanne would be recovered, and her killer would be sentenced to life in prison.

To me, justice in this case looks more like the latter than the former. That’s what I expect to happen.

Plenty of killers have given up the location where they have dumped a body, whether as part of a deal, or on occasion, after sentencing.

I do think there’s more hope here than in other cases (Patrick Frazee will never do it, nor would Fotis Dulos had he not offed himself).

Perhaps Suzanne’s killer wasn’t as meticulous as many of us believe, or perhaps his conscience will finally get the better of him.

I think it’s less than probable, but there’s always a chance.

First things first though, an arrest.

 

[al66pine]

No Death Cert. Alternative Evd. of Fact of Death?

...In the missing body case of Kelsey Berreth and the WD suit filed against P Frazee by the plaintiffs, they don't cite that they have a death certificate but instead cite their complaint is upon information and belief that PF murdered KB; and also upon information and belief that PF was criminally charged with the crime of murder on Dec 21, 2018. ...At a minimum, I think there have to be criminal charges of murder filed against the defendant. MOO The 4 Elements Of A Wrongful Death Lawsuit

@Seattle1 sbm bbm Agreeing w you re ^ and expanding on it.
IIRC, the italicized phrasing of your ^ post quotes KB's parents WD petition filed on behalf of KB's dau, a suit filed before PF's conviction Nov 19, 2019.* So seems imo that's all they could allege at that time: PF was criminally charged. That and maybe attach charging documents.

After PF's conviction, seems they could submit documentation of final verdict/judgment, reflecting PF's murder conviction of KB. The findings on which that crim conviction is based, required a higher standard of proof (Guilt-BARD), than for WD civil action, w lower standard of proof (preponderance of the evidence).
Assuming appropriately authenticated & certified, would documentation of verdict/judgment be sufficient to establish KB's death in WD action w'out further evidence? In other words, to serve as an alternative to a death cert used in civil trial? Maybe?
Even if time for a direct appeal has lapsed, if PF can still file for post-conviction relief, which could conceivably overturn his conviction, maybe not?

Of course for a WD action, SM's dau's would not currently have a death cert or a crim verdict establishing the fact of SM's death so would have to try to prove it by length of her absence, lack of explanation for absence, etc. my2ct.

Welcoming comments.
_____________________________________________
* Nov 19, 2019, PF was convicted & sentenced per link.
"Berreth’s parents argue in a wrongful-death lawsuit that they believe Frazee wanted full custody of the couple’s daughter, who now lives with them."
^ Patrick Frazee gets life sentence in Colorado for Kelsey Berreth death

 

[Deleted member 102539]

Initially, I assumed the loud machinery noise at the Salida site was from the bobcat or Barry's truck.

As I think about it, the noise might have been from another piece of machinery/tool at the Salida site that BM had use for, powered by a generator or air compressor.

That would open up some more possibilities. Bobcat certainly might have been part of it, but other tools/machinery might also be involved.

Just thinking out loud..

I remember a possible wood chipper ...........