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

[Minordetails]

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 insight. If she was killed Friday night though, the timeline doesn’t fit with the Saturday afternoon wedding conversations.
In my opinion, it had to be later Saturday, which left BM scrambling to cover his tracks. He had to hide the body, toss the bike, and create a ‘realistic’ situation for him to leave early Sunday and be gone for the day.
I’d like to know if the day played out as BM figured it would? I don’t think so. In the Draper interview, BM mentions that the girls were going to be spending the day with Suzanne. That didn’t happen. When BM left for Broomfield early Sunday, was he thinking that it would be the girls arriving home and reporting her missing?

 

[Seattle1]

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

@al66pine - you should not agree with my original post without first being aware of the following revisions to my earlier references. Also, please be cautious expanding the topic with common law:

Please be advised that the terms of the Colorado Wrongful Death Suit (WDS) previously referenced as Plaintiffs (Berreth) vs Patrick Frazee changed since I last referenced the court filings. The revisions affected not only the parties but also the court jurisdiction!

Take note the WDS against Frazee moved to Teller County District Court where an independent Conservator, appointed by the court, filed the WDS against Frazee on behalf of the minor child. (The grandparents were unable to bring suit on behalf of the victim's child due to lineage and child custody issues). The jurisdiction for the WDS changed because the minor child was a resident of Colorado, and WDS is governed primarily by statutes enacted by the legislature.

Colorado’s Wrongful Death Act, codified as C.R.S. §§ 13-21-201 to 13-21-204, is governed by Colorado State statutory rules, and not common law.

The amended complaint by Kelsey's parents against Frazee, residents of Idaho, previously filed in US District Court - District of Colorado, is now limited to a claim by only the parents for intentional infliction of emotional distress (IIED).

IIED, a tort claim, follows common law rules. Be advised this suit has nothing to do with wrongful death as the parents of the victim are barred from filing a WDS in Colorado.

MOO

 

[Minordetails]

When interviewed by LE, I assume BM would have been asked questions like...
Were you and Suzanne together on the evening of May 9? How did you spend the evening? Was Suzanne on her phone? Did you go to bed at the same time? When did you first ask her if it would be alright if you left early Sunday morning to prep that Broomfield job site?

Is there a possibility that a video of BM’s answers to these questions would be shared at a trial, if he’s caught lying?

 

[OldCop]

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

Yes, that’s right, @Boxer! Good point! More likely BM and MG on Saturday morning than anyone on Sunday morning. I hadn’t thought of that. There’s been frequent talk of a man and a woman working at the Salida site but no MSM to back it up. Maybe it came from the neighbor.
MOO

 

[OldCop]

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...

I agree, @Tumbleweed. We know a Bobcat has a role somewhere in this case. If it wasn’t important, it wouldn’t have made BM twitchy enough that he brought it up himself.
As for the PP landscaping, I am not impressed with this millionaire landscaper. It has more hardscaping and looks very blah. A lot of the work there looks recent, but he couldn’t have been that stupid to bury his wife there. Or could he?
I wonder if @Trackergd has any thought on the gravel and Bobcat tracks?

 

[LietKynes]

When interviewed by LE, I assume BM would have been asked questions like...
Were you and Suzanne together on the evening of May 9? How did you spend the evening? Was Suzanne on her phone? Did you go to bed at the same time? When did you first ask her if it would be alright if you left early Sunday morning to prep that Broomfield job site?

Is there a possibility that a video of BM’s answers to these questions would be shared at a trial, if he’s caught lying?

bbm
I wouldn't mind viewing the bodycam footage if lE wore them; on that first evening.
LE did scour the area for a trace of Suzanne, besides calling in outside assistance.
But I feel like something went south the night he returned home.

BM seems to tend towards pugnaciousness, as evidence by his assertion that LE are ruining his and his families' lives.
Notice how he included the rest of his family ?
Yes, well, LE were trying to help you find Suzanne, BM.
Smh.
Imo.

 

[OldCop]

Lots of good insight. If she was killed Friday night though, the timeline doesn’t fit with the Saturday afternoon wedding conversations.
In my opinion, it had to be later Saturday, which left BM scrambling to cover his tracks. He had to hide the body, toss the bike, and create a ‘realistic’ situation for him to leave early Sunday and be gone for the day.
I’d like to know if the day played out as BM figured it would? I don’t think so. In the Draper interview, BM mentions that the girls were going to be spending the day with Suzanne. That didn’t happen. When BM left for Broomfield early Sunday, was he thinking that it would be the girls arriving home and reporting her missing?

I agree, @Minordetails. There are definitely holes in the Friday night theory. The wedding conversation plays a big role in this. The bff became concerned about something in their conversations. Was there a sudden cutoff as has been reported with an impersonation attempt by BM later? If SM died suddenly Friday night, the bff may have been texting her and getting no reply. When BM realized this on Saturday, did he then attempt to converse with the bff to (unsuccessfully) make her think she was talking with Suzanne? The strange friend requests and PYMK posts that went out to some of BM’s contacts from SM’s account late on Saturday could indicate that BM signed into SM’s account from his own phone. All speculation of course.
The other hole in the Friday night theory is the alleged lunch of BM and SM on Saturday afternoon in Salida. This was reported by AM but has never been confirmed. According to MG, BM was running around Salida Saturday afternoon and he was alone. Also, JP never mentioned that SM was with BM when BM approached him in Salida on Saturday afternoon about the Broomfield job.
In the Friday night theory I’m trying to use the bits of info we have: BM worked at the Salida site on Friday night, BM had MG rake out the beach area on Saturday morning, BM cut the Saturday workday short with MG saying he had to go home and make his wife happy by taking her hiking or biking. Why was BM acting so anxious at the job site Saturday morning? Had he done something bad Friday night? Or was he planning on doing something bad on Saturday night?
Of course we have all the bizarre behavior on Saturday night to shore up the Saturday night theory as well as the possibility that she was talking to her friend on Saturday morning, (and having lunch in town).
Although I’m on the fence, I’m starting to lean towards a Friday night murder. I don’t think it was preplanned, probably a fit of rage over something. Saturday was spent cleaning up, disposing of evidence, and forming an alibi. I think BM went to the Salida worksite on Saturday morning and tried to pretend everything was normal. His talk about taking SM out was meant to show she was alive and well at that time. I think his nerves were obvious. He had lots to do and couldn’t keep up with the charade any longer. That’s why he sent MG home.
I think the 4:00 a.m. call or visit to MG’s house on Sunday morning was because he was at his breaking point. He was exhausted. He was trying to remember if he covered everything. I think he was appalled at what he had done; it was really sinking in. I think he thought of telling MG but then thought better of it. He pulled away and then called about working in Broomfield on Sunday. Asked her to pull a crew together. Told her that he had already talked to JP about it.
He was a wreck. I think that’s why MG said it sounded like he had just had the worst night of his life.
This is another reason why I’m leaning towards Friday night. Why wouldn’t BM tell MG on Saturday morning about the Broomfield job? I think he hadn’t totally thought his plan through yet. By the time he ran into JP in Salida later on Saturday afternoon, he had formulated the plan. He wanted to be out of town when she was reported missing.
All these theories are my mental exercises; trying to make the pieces fit. Some of the pieces are missing. Some might even belong to a different puzzle.
MOO

 

[Dalgliesh]

@al66pine - you should not agree with my original post without first being aware of the following revisions to my earlier references. Also, please be cautious expanding the topic with common law:

Please be advised that the terms of the Colorado Wrongful Death Suit (WDS) previously referenced as Plaintiffs (Berreth) vs Patrick Frazee changed since I last referenced the court filings. The revisions affected not only the parties but also the court jurisdiction!

Take note the WDS against Frazee moved to Teller County District Court where an independent Conservator, appointed by the court, filed the WDS against Frazee on behalf of the minor child. (The grandparents were unable to bring suit on behalf of the victim's child due to lineage and child custody issues). The jurisdiction for the WDS changed because the minor child was a resident of Colorado, and WDS is governed primarily by statutes enacted by the legislature.

Colorado’s Wrongful Death Act, codified as C.R.S. §§ 13-21-201 to 13-21-204, is governed by Colorado State statutory rules, and not common law.

The amended complaint by Kelsey's parents against Frazee, residents of Idaho, previously filed in US District Court - District of Colorado, is now limited to a claim by only the parents for intentional infliction of emotional distress (IIED).

IIED, a tort claim, follows common law rules. Be advised this suit has nothing to do with wrongful death as the parents of the victim are barred from filing a WDS in Colorado.

MOO

@Seattle1 - your posts on wrongful death claims in relation to domestic murder are cogent and illuminating. Colorado seems to have barred WD claims against a murderous spouse, as a practical matter: I can't conceive of a reason the legislature thought that was sound policy.

I suppose family members could pursue IIED or outrageous conduct claims as an alternative. I'd be interested to know your views on the estate law aspects of the situation as well. For example, can BM's eligibility to serve as SM's personal representative, or to inherit from her, be challenged? If so, could the court be asked to recover from him the assets he has used for his personal purposes and to redistribute them.

 

[oviedo]

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

<modsnip> it remains a strong possibility IMO.

 

[Trackergd]

I agree, @Tumbleweed. We know a Bobcat has a role somewhere in this case. If it wasn’t important, it wouldn’t have made BM twitchy enough that he brought it up himself.
As for the PP landscaping, I am not impressed with this millionaire landscaper. It has more hardscaping and looks very blah. A lot of the work there looks recent, but he couldn’t have been that stupid to bury his wife there. Or could he?
I wonder if @Trackergd has any thought on the gravel and Bobcat tracks?

Depending on the gravel size (screen size) and how well it's compacted, the bobcat may not leave much in the way of tracks. It may be off the trailer so that it does not leak oil onto the trailer deck. I would be much more interested in any dirt that may have been washed off of the bobcat and now in the gravel. Is it consistent with the PP property, the river bank or somewhere else? Same with any dirt on the bottom or any openings in the frame.

 

[swedeheart]

I agree, @Tumbleweed. We know a Bobcat has a role somewhere in this case. If it wasn’t important, it wouldn’t have made BM twitchy enough that he brought it up himself.
As for the PP landscaping, I am not impressed with this millionaire landscaper. It has more hardscaping and looks very blah. A lot of the work there looks recent, but he couldn’t have been that stupid to bury his wife there. Or could he?
I wonder if @Trackergd has any thought on the gravel and Bobcat tracks?

I still think so, @OldCop! That property is the only place he would have had possibly days(?) to dig and cover his tracks meticulously, without it even looking strange. The fact that the yard and driveway have both (obviously, from pics) been recently worked on by BM just gives this line of thinking more credence, in my opinion. Couldn't he have raked flat- flat- flat any tracks his Bobcat made? Is that possible to do @Trackergd with such precision that LE might have missed it back in May?

I wonder if there were Bobcat tracks around the yard and driveway on May 10. Shouldn't there have been some since it was parked in the driveway, and not on the trailer? Absence of tracks would be fishy, too.

When was the driveway prepared for resurfacing? Before or after Suzanne disappeared? It's definitely been resurfaced now, bc it looked totally different in the realty photos.

Moo.

 

[Minordetails]

I agree, @Minordetails. There are definitely holes in the Friday night theory. The wedding conversation plays a big role in this. The bff became concerned about something in their conversations. Was there a sudden cutoff as has been reported with an impersonation attempt by BM later? If SM died suddenly Friday night, the bff may have been texting her and getting no reply. When BM realized this on Saturday, did he then attempt to converse with the bff to (unsuccessfully) make her think she was talking with Suzanne? The strange friend requests and PYMK posts that went out to some of BM’s contacts from SM’s account late on Saturday could indicate that BM signed into SM’s account from his own phone. All speculation of course.
The other hole in the Friday night theory is the alleged lunch of BM and SM on Saturday afternoon in Salida. This was reported by AM but has never been confirmed. According to MG, BM was running around Salida Saturday afternoon and he was alone. Also, JP never mentioned that SM was with BM when BM approached him in Salida on Saturday afternoon about the Broomfield job.
In the Friday night theory I’m trying to use the bits of info we have: BM worked at the Salida site on Friday night, BM had MG rake out the beach area on Saturday morning, BM cut the Saturday workday short with MG saying he had to go home and make his wife happy by taking her hiking or biking. Why was BM acting so anxious at the job site Saturday morning? Had he done something bad Friday night? Or was he planning on doing something bad on Saturday night?
Of course we have all the bizarre behavior on Saturday night to shore up the Saturday night theory as well as the possibility that she was talking to her friend on Saturday morning, (and having lunch in town).
Although I’m on the fence, I’m starting to lean towards a Friday night murder. I don’t think it was preplanned, probably a fit of rage over something. Saturday was spent cleaning up, disposing of evidence, and forming an alibi. I think BM went to the Salida worksite on Saturday morning and tried to pretend everything was normal. His talk about taking SM out was meant to show she was alive and well at that time. I think his nerves were obvious. He had lots to do and couldn’t keep up with the charade any longer. That’s why he sent MG home.
I think the 4:00 a.m. call or visit to MG’s house on Sunday morning was because he was at his breaking point. He was exhausted. He was trying to remember if he covered everything. I think he was appalled at what he had done; it was really sinking in. I think he thought of telling MG but then thought better of it. He pulled away and then called about working in Broomfield on Sunday. Asked her to pull a crew together. Told her that he had already talked to JP about it.
He was a wreck. I think that’s why MG said it sounded like he had just had the worst night of his life.
This is another reason why I’m leaning towards Friday night. Why wouldn’t BM tell MG on Saturday morning about the Broomfield job? I think he hadn’t totally thought his plan through yet. By the time he ran into JP in Salida later on Saturday afternoon, he had formulated the plan. He wanted to be out of town when she was reported missing.
All these theories are my mental exercises; trying to make the pieces fit. Some of the pieces are missing. Some might even belong to a different puzzle.
MOO

You’re making may think, but I can’t see BM ‘sitting’ on that body for almost 48 hrs. Too risky. If she was dead Friday, then I think the out of town alibi would have been created for Saturday. He had to get a plan in motion right away. If SM was ‘off grid’ Friday night already, BM is really screwed.
JMO

 

[Minordetails]

<modsnip> it remains a strong possibility IMO.

If the chipper is a strong possibility, what adjective would you use to describe the possibility that she is buried somewhere? Or disposed of in an abandoned mine shaft, or weighted down at the bottom of a lake? Show me the link where BM owns a chipper and I’ll upgrade the chipper theory to a possibility, but not a strong possibility.
JMO

 

[OldCop]

You’re making may think, but I can’t see BM ‘sitting’ on that body for almost 48 hrs. Too risky. If she was dead Friday, then I think the out of town alibi would have been created for Saturday. He had to get a plan in motion right away. If SM was ‘off grid’ Friday night already, BM is really screwed.
JMO

Okay, good points, @Minordetails.
I’ll play Devil’s Advocate. What if he got rid of the body on Friday night in the beach area after a fit of rage or even accidental murder? This would explain late night noises and Saturday morning raking. Saturday day\evening and Sunday wee hours could have been spent disposing of other evidence, cleaning, planting the bike. He knew the girls wouldn’t be back until sometime on Sunday. He wanted it to look like she was alive until Sunday morning when he left town.
Counterpoint?

 

[swedeheart]

If the chipper is a strong possibility, what adjective would you use describe the possibility that she is buried somewhere? Or disposed of in an abandoned mine shaft, or weighted down at the bottom of a lake? Show me the link where BM owns a chipper and I’ll upgrade the chipper theory to a possibility, but not a strong possibility.
JMO

BM might not own one, but surely he would have had easy access to one through the Salida Firehouse he worked for. Imo.

 

[K9Enzo]

I'm still trying to picture a scenario where a person would first, have the stomach to perform this action (woodchipper) and have the absolute privacy to do so. I'm sure their are some cases that can be cited where the person used a woodchipper on a person while their neighbor was right there, close by. IMO, this is not a common way to dispose of a body and would leave an enormous mess. I also don't even know if a woodchipper would honestly be able to push through human bones, especially weight bearing bones. Wood is completely different.

I feed my dogs an all raw diet. My senior boy gets his ground now, bone and all. We have an actual meat grinder. It's a process even with that. IMO

 

[Minordetails]

Okay, good points, @Minordetails.
I’ll play Devil’s Advocate. What if he got rid of the body on Friday night in the beach area after a fit of rage or even accidental murder? This would explain late night noises and Saturday morning raking. Saturday day\evening and Sunday wee hours could have been spent disposing of other evidence, cleaning, planting the bike. He knew the girls wouldn’t be back until sometime on Sunday. He wanted it to look like she was alive until Sunday morning when he left town.
Counterpoint?

This article would claim the noises were on Saturday night.
Woman 'woken by loud machinery' near where woman went missing | Daily Mail Online

 

[OldCop]

BM might not own one, but surely he would have had easy access to one through the Salida Firehouse he worked for. Imo.

This is a fire mitigation program run by the Chafee county Fire District.

 

[oviedo]

If the chipper is a strong possibility, what adjective would you use to describe the possibility that she is buried somewhere? Or disposed of in an abandoned mine shaft, or weighted down at the bottom of a lake? Show me the link where BM owns a chipper and I’ll upgrade the chipper theory to a possibility, but not a strong possibility.
JMO

Okay, good points, @Minordetails.
I’ll play Devil’s Advocate. What if he got rid of the body on Friday night in the beach area after a fit of rage or even accidental murder? This would explain late night noises and Saturday morning raking. Saturday day\evening and Sunday wee hours could have been spent disposing of other evidence, cleaning, planting the bike. He knew the girls wouldn’t be back until sometime on Sunday. He wanted it to look like she was alive until Sunday morning when he left town.
Counterpoint?

BM might not own one, but surely he would have had easy access to one through the Salida Firehouse he worked for. Imo.

I'm still trying to picture a scenario where a person would first, have the stomach to perform this action (woodchipper) and have the absolute privacy to do so. I'm sure their are some cases that can be cited where the person used a woodchipper on a person while their neighbor was right there, close by. IMO, this is not a common way to dispose of a body and would leave an enormous mess. I also don't even know if a woodchipper would honestly be able to push through human bones, especially weight bearing bones. Wood is completely different.

I feed my dogs an all raw diet. My senior boy gets his ground now, bone and all. We have an actual meat grinder. It's a process even with that. IMO

This theory has been discussed since the "noises heard" daily mail story first came out - @K9Enzo - this is a well known case
Richard Crafts, notorious wood chipper murderer, released from prison
and this:
Zahra Baker: Police search wood chipper in hunt for missing 10-year-old cancer girl | Daily Mail Online
--
As I've mentioned, we have a lot of trees in FL and commercial wood chippers are huge - I don't know the size of the potential wood chipper used by the Fire Department (or if they have one, but IMO they absolutely do) but the chute that is the exit on the ones I have seen is not that large - it's rather concentrated so a potential scenario is the use of the chipper in or near the river. Now of course, this seems improbable - what kind of person would do this? The kind of person who has decided that the other one is no longer a "person" - is my guess. It isn't all that different then burying someone in a shallow grave (Watts) or the many countless other women found/not found - the Located thread is full of heinous disposal methods - I'm just keeping this possibility open - because it has been done before. The husband is no stranger to equipment ...
JMO

 

[OldCop]

This article would claim the noises were on Saturday night.
Woman 'woken by loud machinery' near where woman went missing | Daily Mail Online

True, but suppose there had been an MSM news preview video clip showing the neighbor’s son stating that he arrived from out of town to visit his mother on Saturday and she had told him about hearing the noises? Suppose that clip has been taken down so we can’t talk about it?
If there had been such a clip, was the news station asked to remove it as LE was trying to see if BM tripped up on his timeline?
MOO