Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #84

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Could you see your name on the packages from your property? Was the next door neighbor’s house plastered with no trespassing signs? Are you the girl friend of the previous owner of the next door neighbor’s house who happens to have been charged with murdering his wife?
And finally, I don’t think it’s petty to not want people crawling all over my private property without permission and removing things from my front porch.
There is legal liability exposure for the homeowner for anyone on her property who might get hurt. I could easily see a "slip and fall" claim happening in this scenario. If the cameras and signs aren't there...its even bigger exposure. On every level, the homeowner's property rights were violated....and the criminal has to pay.
 
Do you know that she is harmless? Considering the recent history of that house I would be extra aware of the security, whether I was residing in at the time or not.

I would definitely press charges.
Considering HER recent history, I would conclude she is not harmless.
I think that Shoshanna should let off. She was allowed to go to the Puma Path front door, it is generally allowed to go to someone's front door. There's no problem with retrieving your own property from somebody else's residence. If it's on their front porch, she should be allowed to pick it up off their front porch. If they brought it inside, she obviously can't go into their home, which she didn't. Realistically, not any different from playing basketball in the street and retrieving her basketball from their bushes.
Intention here is really important.
So are the key players.
You aren’t getting it, for reasons only known to you.
 
Could you see your name on the packages from your property? Was the next door neighbor’s house plastered with no trespassing signs? Are you the girl friend of the previous owner of the next door neighbor’s house who happens to have been charged with murdering his wife?
And finally, I don’t think it’s petty to not want people crawling all over my private property without permission and removing things from my front porch.
There is legal liability exposure for the homeowner for anyone on her property who might get hurt. I could easily see a "slip and fall" claim happening in this scenario. If the cameras and signs aren't there...its even bigger exposure. On every level, the homeowner's property rights were violated....and the criminal has to pay.
A lot of people are bagging on Chaffee County, but the charges could have been a whole lot worse, tampering with the mail in any way is a federal crime. They just hit her with misdemeanor trespassing.
not so sure tampering with FedEx is quite the same as tampering with the US Mail. One is private one is government....unless FedEx is contracted to carry the US Mail. Meaning...one might be a state crime, while the other is federal. Speculating.
 
There is legal liability exposure for the homeowner for anyone on her property who might get hurt. I could easily see a "slip and fall" claim happening in this scenario. If the cameras and signs aren't there...its even bigger exposure. On every level, the homeowner's property rights were violated....and the criminal has to pay.
 
Considering HER recent history, I would conclude she is not harmless.

Intention here is really important.
So are the key players.
You aren’t getting it, for reasons only known to you.
What intention? Taking a piece of property that belongs to you? That's not really bad intentions.
 
Could you see your name on the packages from your property? Was the next door neighbor’s house plastered with no trespassing signs? Are you the girl friend of the previous owner of the next door neighbor’s house who happens to have been charged with murdering his wife?
And finally, I don’t think it’s petty to not want people crawling all over my private property without permission and removing things from my front porch.
I actually meant petty of law enforcement more than anything else. I think LE could have given a warning and been done with it but instead made this a bigger deal than need be. I think most LE wouldn't even answer a call like this or if they did they would issue a warning but in this case because of who it is it got this reaction and I think at the end of the day the entire thing will end up dismissed if the package was in fact addressed to BM. This is all IMO!!!
 
Sorry to backtrack, if this has been covered, but reading the AA, along with marking locations on Goodge Earth, I get the impression that there wasn't a huge LE ground search for Suzanne - that most of the searches were by concerned citizens. Was that the case? With no footage of Barry driving anywhere on the night of 9th/10th, and his seeming insistence that they would have caught him if he dumped the body on the way to Broomfield, it seems logical that the body is either near the home, or was dumped during the 30 minute jaunt to toss the helmet.
 
Sorry to backtrack, if this has been covered, but reading the AA, along with marking locations on Goodge Earth, I get the impression that there wasn't a huge LE ground search for Suzanne - that most of the searches were by concerned citizens. Was that the case? With no footage of Barry driving anywhere on the night of 9th/10th, and his seeming insistence that they would have caught him if he dumped the body on the way to Broomfield, it seems logical that the body is either near the home, or was dumped during the 30 minute jaunt to toss the helmet.
From the first press release by the Sheriffs Office on May 11, 2020.

Missing Person - Chaffee County Sheriff
Sheriff personnel called members of Chaffee County Search and Rescue South and North and a search began immediately. The Department of Corrections was contacted and a request was made for tracking dogs to assist. They responded and joined the search. The search continued into the early morning hours with no results.

The search resumed in the early morning hours of May 11 with Search and Rescue. They once again scoured the area. Members were then called from the Chaffee County Tac Team along with search parties from the Department of Corrections and the area was once again scoured.

In all over 100 personnel were used during the search, however by late afternoon on May 11 Ms Morphew had not been found.
 
Can you throw a basketball into someone's bushes so that you can go on the property?

Pressing charges is the right thing to do, IMO. Innocent until proven guilty, let the court sort it out.

Something is skeevy here.

It's bad optics to get in trouble on Week 1.

So two adults decided it needed to be done, was a good idea, all things considered. And two people decided which person should do it.

You decide to cross a no trespassing sign, you make EVERY effort IMO to alert the homeowner to your presence. You ring the doorbell, you wait, you ring it again, you knock...

But honestly, you don't do it. Not here, not under these circumstances.

Package had been there what, a long hour? Nice and protected from the elements, from all the other nontrespassing people in the universe.

And no traffic in or out, you'd have to know there's a good chance no one is home, package is going nowhere, unless an angry deer seeks weird revenge. So you reorder or you call your realtor and you handle it through the squeaky-cleanest means you can. Because bail. Because jail. Because notoriety. Because decency. That house languished on the market until a good faith buyer came along and hoped to breathe fresh life into the place, hoped the history would fade and took measures to keep unwanted foot traffic off their newly-aquired private property.

I think we may be missing the worst point, however.

They had other means to right a legitimate wrong.

And didn't.

Which forces me to consider there was something else in play.

If you want access to a property where you know you shouldn't go, you toss your basketball into the bushes....

So.... did they order something, purposefully had it delivered there, to gain access to the property?

Whatever this was about, the new owners bought that house and have every right to expect and enjoy a fresh start -- and the former owner and his paramour put the address back in the news, front and center.

This smells.

JMO
 
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You're allowed to go on someones driveway United States v. Carloss, 818 F.3d 988 (10th Cir. 2016) The standard adopted is this: “under the totality of the circumstances, would an objectively reasonable person conclude that entry onto the Defendant’s driveway was categorically barred?”

The court concludes that under this test, a “no trespassing” sign ordinarily doesn’t have much Fourth Amendment significance.

You're allowed to go on someone's driveway, you're allowed to go to their front door to talk to them. I would contend going to their front door to pick up a package is no different than picking a basketball that went into their bushes by mistake.
Carloss and other Fourth Amendment cases involve the question whether the actions of POLICE in entering property and GATHERING EVIDENCE were reasonable under applicable law of search and seizure.

They refer to the states' common law in general but do not address the specific right of an individual citizen to enter another's property in order to retrieve a ball or for any other purpose, in the face of properly posted no trespass signs.

Also of interest is Judge (now Associate Justice) Neil Gorsuch's dissent, which calls into question the continuing viability of the holding in Carloss.

In any case, it will be of interest whether SD claims she had a Constitutional right to do what she did. My guess is that she will plead guilty quickly and preclude the filing of other potential charges. Or, that she will enter a cooperation agreement to testify against BM>
 
Oh, Boy.

It just hit me.

She denied their relationship.

She said some people say she looks like Suzanne.

Why'd she say that?

IMO it wasn't to give herself an undeserved compliment.

IMO it was to presplain sightings with Barry while Suzanne was still alive!!! (And possibly that weekend!)

As in: that wasn't me, that was her.

There it is.

JMO


Yes!

I swear, last night before I fell asleep this was heavy on my mind. If Barry did premeditate this murder, likely further in advance than most of us want to believe, is it possible that he found a few local "actors" to confuse the narrative? I truly don't want to believe that he could have intentionally befriended SD, for future plans of killing his wife, or chosen another possible look-alike scapegoat, JP (who could look like Barry on a hotel camera). He cannot be that deranged, could he? It all sounds so far-fetched, and my mind goes to all sorts of dark places and tells me I'm being ridiculous. But it sure is interesting that we have 2 characters in this saga that are so well-suited to play practical body doubles (at a distance/on camera) of the 2 main players (the killer and the victim)!

Did Barry plan it this way to confuse things? We know he insisted that Morgan get Jeff to that hotel on Sunday. Why Jeff, who Barry didn't even know? And had he seen (or even met) Shoshana at his neighbors, well in advance of the murder, and befriended her because she could possibly pass as Suzanne?

Y'all, I know it sounds nutty, but just how many times in this case have you asked yourself, "Did that really just happen?!"

Anyway, I'm glad you thought about it too, @Megnut, confirming I have not completely lost my mind. (Or have I lol?)
 
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One of the questions that can be considered is....Would the property owner have pressed charges if the person identified was somebody else, not connected to Morphew? We don't know....and frankly, it is irrelevant. But it seems to be a point of separation for those who think that this woman is going overboard. I do not.
 
I can see that an attorney entered an appearance for SD in the trespassing case, but I can't see the name or firm. Does anyone know?

Regarding Carloss:

EBEL, Circuit Judge.

In this direct criminal appeal, Defendant–Appellant Ralph Carloss contends that two police officers violated the Fourth Amendment by knocking on his front door, seeking to speak with him. Ordinarily a police officer, like any citizen, has an implied license to approach a home, knock on the front door, and ask to speak with the occupants.

SD had an implied license to approach the Puma Path home. And it's not stealing if she took a package that belonged to her. Approaching a home is not illegal regardless of the no trespassing signs.
 
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Could you see your name on the packages from your property? Was the next door neighbor’s house plastered with no trespassing signs? Are you the girl friend of the previous owner of the next door neighbor’s house who happens to have been charged with murdering his wife?
And finally, I don’t think it’s petty to not want people crawling all over my private property without permission and removing things from my front porch.

Cameras could have caught her just walking onto the property and set the alarm off. The Homeowner may not have known they were retrieving a package, but knew someone had trespassed.
 
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