Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #53

[KindaSleuthy]

I have been searching for that "Fact" as well! I'm glad you asked!

I just said to Error505 that the Languishing comment should have been IMO. Sorry.

 

[Rachelj1]

I just said to Error505 that the Languishing comment should have been IMO. Sorry.

Thats ok! I've had to edit many of my posts for the same reason. I think you bring excellent points!

 

[steeltowngirl]

Victim Dead. Likely or Beyond a Reasonable Doubt?
@DeDee sbm Thank you very much for your post w link to FBI publication. First I agree w most of what you quoted from it and realize these are not your words, so I'm speaking gen'ly, not specifically to SM's disappearance.
As to the first bolded phrase, I wonder if the link's author understated the prosecutor's burden of proof - at least in CO Murder 1 trials* - by saying that "prosecutor must demonstrate the likelihood that the victim no longer is alive."
CO Jury Instructions state the prosecutor must prove each element of a crime beyond a reasonable doubt* to find the def guilty.**
IOW, a jury finding multiple elements of a crime true Beyond a Reasonable Doubt, but on one element - death - only a likelihood, must find the def not guilty.

Just wondering if a CO judge would interpret or apply CO criminal statutes the same way as author of link. my2ct.
_________________________________
* CO. statute: "'First Degree Murder. (a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person;..." bbm
§ 18-3-102. Murder in the first degree. 2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 3 - :: Offenses Against the Person :: Part 1 - :: Homicide and Related Offenses :: § 18-3-102. Murder in the first degree
** "... Juries Are Also Instructed as follows in EVERY Colorado Criminal Case
"If you find from the evidence that each and every element of a crime has been proven beyond a reasonable doubt, you should find the defendant guilty of that crime.
If you find from the evidence that the prosecution has failed to prove any one or more of the elements of a crime beyond a reasonable doubt, you should find the defendant not guilty of that crime. "
^ https://www.denver-colorado-theft-c...-should-acquit-finding-the-accused-not-guilty <--- Website of private law firm in CO.

You raise a good point about a no-body case, and suspending reasonable doubt that the victim is deceased. If and when the case goes to trial, they will bring evidence to prove she is deceased.

Murder investigation
Corpus delicti is one of the most important concepts in a murder investigation. When a person disappears and cannot be contacted, many police agencies initiate a missing person case. If, during the course of the investigation, detectives believe that he/she has been murdered, then a "body" of evidentiary items, including physical, demonstrative and testimonial evidence, must be obtained to establish that the missing individual has indeed been murdered before a suspect can be charged with homicide.[2] The best and easiest evidence establishment in these cases is the physical body of the deceased. However, in the event that a physical body is not present or has not yet been discovered, it is possible to prove a crime took place if sufficient circumstantial evidence is presented to prove the matter beyond a reasonable doubt.[3] For example, the presence at a missing person's home of spilled human blood, identifiable as that person's, in sufficient quantity to indicate exsanguination, demonstrates—even in the absence of a corpse—that the possibility that no crime has occurred, and the missing person is merely missing, is not reasonably credible.

Corpus delicti

 

[steeltowngirl]

DBM duplicate

 

[Error505]

Barry’s nephew was the first to report (in a Denver reporter’s interview) that they found her bike.
In separate interviews - Barry’s buddy said he was on 225 that night when they found it. He (and Barry) were vocal about LE “screwing up” the scene and that LE “manhandled” the bike ruining any fingerprint or DNA evidence. You are right, I have not seen the bike stored in the CCSO evidence room but that would be the standard process. I’ll modify it accordingly. Thank you.
OOPS, just found out I can’t edit it, so I stand corrected here.

Thank you for providing further information. But... I still have questions. Do you have a link to BM’s buddy’s interview. It’s really important for me because when fact & fiction (mis-statements) are being repeated, I get really confused as the weeks go by. Do you know which “buddy” stated this, initials only, please. Is is the one who did *400 tours in Iraq?* Thx. MOO. I guess I’ve missed GD’s interview somehow. Lauren Scharf was trying very hard to get an interview with GD. Thanks again
Edited by me correct for clarity.

 

[OldCop]

Maybe not. Chris McDonough, mused there may be 'chain of custody' issues with some of the evidence in this case. If COC is lacking, key pieces may be tossed out in court, thereby compromising some aspects. It's an interesting possibility.

That statement by Chris scared me, @Knox. I think this might be referring to the bike. After it was recovered, was it immediately tagged and brought to the evidence room at CCSO. Or was it left on the side of the road or in the bed of an open truck while the search went on that evening? It would be a shame if that is the case. To be honest, and I don’t want to give LE a by on this, they were searching for a possibly injured or lost biker and were not immediately of the mindset that it was a criminal disappearance. I do think they realized quite quickly that something was off and then began taking the usual precautions regarding crime scene and evidence protection. However, it might be just enough of a gap to break the chain of custody regarding this evidence. MOO

 

[Error505]

I remember Barry's nephew on Nancy Grace begging listeners to ask about the bike...I've always wondered what that was about??
I wanted to add something, I'm not sure if this is even an issue, BUT if it is.... The fact that they released the house back to Barry after they searched it twice means nothing. It does not mean they think a crime was NOT committed there.

Ex: Murderer of Savannah Spurlock, David Sparks, home was rented out after he moved out. They had blood evidence and David was the #1 suspect.

BBM for focus
Absolutely correct on the releasing of the Puma Path home back to BM.
Another thing I’ve thought about - I wonder if the home under construction (where the concrete was busted up by FBI & CBI) was a result of GPS from BM’s truck which placed him there during odd hours or if it was MG’s information she gave to LE during her numerous grillings from the FBI or CBI. MOO

 

[Error505]

That statement by Chris scared me, @Knox. I think this might be referring to the bike. After it was recovered, was it immediately tagged and brought to the evidence room at CCSO. Or was it left on the side of the road or in the bed of an open truck while the search went on that evening? It would be a shame if that is the case. To be honest, and I don’t want to give LE a by on this, they were searching for a possibly injured or lost biker and were not immediately of the mindset that it was a criminal disappearance. I do think they realized quite quickly that something was off and then began taking the usual precautions regarding crime scene and evidence protection. However, it might be just enough of a gap to break the chain of custody regarding this evidence. MOO

Agree @OldCop The call came in to LE as someone just went for a bike ride & hadn’t returned and family was concerned. And Conveniently, BM wasn’t around to give *real* specific information that could have been very valuable in the first 3 1/2 or so hours it took him to show up. BM I think **ume kept abreast of the happenings at the scene by his army buddy, via texts or calls I suppose. MOO
Edited for clarification

 

[Rachelj1]

Thank you for providing further information. But... I still have questions. Do you have a link to BM’s buddy’s interview. It’s really important for me because when fact & fiction (mis-statements) are being repeated, I get really confused as the weeks go by. Do you know which “buddy” stated this, initials only, please. Is is the one who did *400 tours in Iraq?* Thx. MOO. I guess I’ve missed GD’s interview somehow. Lauren Scharf was trying very hard to get an interview with GD. Thanks again
Edited by me correct for clarity.

I think I remember it being GD!

 

[Rachelj1]

BBM for focus
Absolutely correct on the releasing of the Puma Path home back to BM.
Another thing I’ve thought about - I wonder if the home under construction (where the concrete was busted up by FBI & CBI) was a result of GPS from BM’s truck which placed him there during odd hours or if it was MG’s information she gave to LE during her numerous grillings from the FBI or CBI. MOO

I am not sure but I had to bet ....GPS!!
MOO

 

[K9Enzo]

Thank you for providing further information. But... I still have questions. Do you have a link to BM’s buddy’s interview. It’s really important for me because when fact & fiction (mis-statements) are being repeated, I get really confused as the weeks go by. Do you know which “buddy” stated this, initials only, please. Is is the one who did *400 tours in Iraq?* Thx. MOO. I guess I’ve missed GD’s interview somehow. Lauren Scharf was trying very hard to get an interview with GD. Thanks again
Edited by me correct for clarity.

 

[Rachelj1]

Isn't it strange that LE has not publicly confirmed the bike? To me that is odd. Especially since GD said 2 deputies were there AND Barry's nephew said it on Nancy Grace?? Funny how they both come from Barry family and friend.

I cant see LE not taking pictures of the bike for evidence? It's not going to hold in court, if its even true.

I am so determined to get Suzanne justice just like everyone here. There is nothing WORSE than someone getting away with murder.

MOO

 

[Hoss569]

I think we’re a lot more likely to see a darknet search history on BM’s devices for a murder for hire than we are that being the scenario that played out.

A hit man would have no need to come up with a half assed bike ride scenario. They could have just gone to the home while BM was working, shot SM dead, left her on the floor and drive off. They wouldn’t dispose of the body and plant a bike. Not to mention how horrible BM’s alibi is, given that he would have set all of this up way in advance.

I have a weird theory of the darknet searches being more related to disposal or dismemberment.

I also think their is a possibility that SM never made it back to the house on Saturday after the sandwich sighting.

Again just IMO and hopefully within TOS.

 

[Rachelj1]

I have a weird theory of the darknet searches being more related to disposal or dismemberment.

I also think their is a possibility that SM never made it back to the house on Saturday after the sandwich sighting.

Again just IMO and hopefully within TOS.

well that is interesting.... whats your theory about after the sandwhich? Wasn't she with Mr. Barry?

 

[KindaSleuthy]

I have been searching for that "Fact" as well! I'm glad you asked!

I just said to Error505 that the Languishing comment should have been IMO. Sorry.

Thank you for providing further information. But... I still have questions. Do you have a link to BM’s buddy’s interview. It’s really important for me because when fact & fiction (mis-statements) are being repeated, I get really confused as the weeks go by. Do you know which “buddy” stated this, initials only, please. Is is the one who did *400 tours in Iraq?* Thx. MOO. I guess I’ve missed GD’s interview somehow. Lauren Scharf was trying very hard to get an interview with GD. Thanks again
Edited by me correct for clarity.

Sorry, I don’t have a link to the buddy interview but you guessed it, “400 tours” guy. It goes way back, June or July.

 

[K9Enzo]

Isn't it strange that LE has not publicly confirmed the bike? To me that is odd. Especially since GD said 2 deputies were there AND Barry's nephew said it on Nancy Grace?? Funny how they both come from Barry family and friend.

I cant see LE not taking pictures of the bike for evidence? It's not going to hold in court, if its even true.

I am so determined to get Suzanne justice just like everyone here. There is nothing WORSE than someone getting away with murder.

MOO

It's not odd to me they have not confirmed the bike, giving they have not confirmed much of anything as far as investigation findings.

To me it sounds like this: Suzanne Morhew is missing, a personal item was recovered, the end.

I do think the buddy, GD, took issue with the handling of the bike when it was discovered and think that was his honest reaction. (I'm personally not suspicious of GD) If SM would have been found alive, but injured that night, they (BM's family/friends) probably wouldn't have thought more about the bike. She's safe. It's not unusual, IMO, for family and friends of the missing to criticize LE along the way. It happens and LE is use to it and can take the punches. IMO

 

[Hoss569]

well that is interesting.... whats your theory about after the sandwhich? Wasn't she with Mr. Barry?

It was mentioned they were spotted together.

Maybe a drive or a hike after going out, show off the job he was working on, who knows. As far as we know there is no evidence leading to a place where a crime could have been committed, so the thought here is; would it be easier to conceal a crime committed in a house, or in a vehicle, or in neither of those? Which would BM be able to clean up the best and leave no evidence?

Again, just trying to throw stuff out there to keep your minds thinking, and IMO.

 

[Rachelj1]

It's not odd to me they have not confirmed the bike, giving they have not confirmed much of anything as far as investigation findings.

To me it sounds like this: Suzanne Morhew is missing, a personal item was recovered, the end.

I do think the buddy, GD, took issue with the handling of the bike when it was discovered and think that was his honest reaction. (I'm personally not suspicious of GD) If SM would have been found alive, but injured that night, they (BM's family/friends) probably wouldn't have thought more about the bike. She safe. It's not unusual, IMO, for family and friends of the missing to criticize LE along the way. It happens and LE is use to it and can take the punches. IMO

No I dont think GD had anything to do with it, if anything I think hes suspicious of Barry. Oh absolutely LE lets that slide right off !

MOO

 

[Rachelj1]

It was mentioned they were spotted together.

Maybe a drive or a hike after going out, show off the job he was working on, who knows. As far as we know there is no evidence leading to a place where a crime could have been committed, so the thought here is; would it be easier to conceal a crime committed in a house, or in a vehicle, or in neither of those? Which would BM be able to clean up the best and leave no evidence?

Again, just trying to throw stuff out there to keep your minds thinking, and IMO.

I think it was the house. I think he snapped, lost his cool, just couldn't take his insecurities anymore! See I think he left evidence....especially digital evidence....

MOO

 

[Rachelj1]

It was mentioned they were spotted together.

Maybe a drive or a hike after going out, show off the job he was working on, who knows. As far as we know there is no evidence leading to a place where a crime could have been committed, so the thought here is; would it be easier to conceal a crime committed in a house, or in a vehicle, or in neither of those? Which would BM be able to clean up the best and leave no evidence?

Again, just trying to throw stuff out there to keep your minds thinking, and IMO.

I have to point something out maybe its my OCD...but why would say "your' minds thinking? Aren't we all kind of trying to figure things out?

MOO