Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #113

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Now with the autopsy being released.. I feel like LE was spot on with their theories of what happened to Suzanne.
I just can’t shake the feeling that they were NOWHERE close to the location where Suzanne’s remains were found. I keep going back and forth in my mind if I believe Barry would actually move her..
I recall one statement was indicating that she was within a certain radius of the house based on the airplane mode on the phone and the truck data that showed when he was at the house opening and closing doors. There were 2 different points where there is no data for him and his truck. I recall one was from somewhere just before 10pm and then he's active again at 3 something am opening and closing truck doors so based on that they knew he could have taken her say 2 hours away and had time to bury her and drive back. So I don't think they were wrong, but they didn't have anything to go on with where he would go except that her helmet was going left and he went right to go to Broomfield. Maybe they focused more in the left direction thinking he staged that helmet to go in the direction he took her.

Their evidence does give him plenty of time to take her to where she was found and return home before he's opening and closing truck doors again and taking his phone in and out of airplane mode.
 
My guess:

"It's too soon... for anyone to notice you've gone missing and start looking for you in a serious way here instead of, say, Ecuador."

There were never enough free trash bins in Colorado for Barry to dispose of it all.
IIRC: Barry's "It's too soon..." was in response to making a public plea for Suzanne's safe return.
 
With all the Irisisms and her pronouncements on autopsy results and DNA “matches,” is she sounding a bit, um, unhinged?

She seems to be speaking a lot like B“can’t tell the truth even when I try”M.

(I can just hear @MassGuy or @Megnut or @Seattle1 saying, “Well, when you’re waving buh-bye to $15 million, it can tend to make you a tad hysterical.”)

And it made me think of Dru Nielsen, and I wonder if she is thankful she went a different direction, which was away from her former law partner Iris.

IMO
Haha. Laughed out loud as I remember Mass Guy, Megnut and Seattle from the beginning. Not only were they right on target all the way but kept us laughing too. I feel like we all call them great friends.
 
Haha. Laughed out loud as I remember Mass Guy, Megnut and Seattle from the beginning. Not only were they right on target all the way but kept us laughing too. I feel like we all call them great friends.
This thread has been one of the friendliest and kindest ones I have followed and I have greatly appreciated the humour of so many posters as well as the many different contributions many posters have made .
 
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Thank you Nikynoo….. your input is most appreciated. And you even take the time to help us ‘across the pond’! ;)

Yes this is interesting and a bit baffling. I don’t know the entire case by any means, but surmise that IIRC aside from the prosecutor missing certain timing and filing deadlines etc., that the investigators and others used good faith efforts to obtain evidence, a confession, and prepare for a prosecution of their prime suspect. And it seems that aside from being able to locate SM remains, their early theory of the case seems to have been quite accurate as many have noted.

This will surely interesting to track and monitor progress towards prosecuting and convicting the prime suspect. MOO
From what I can make out the missed deadlines are a really small part of the complaint. The complaint is more about the AA being misleading by not including information/evidence that LE already had, which would have undermined probable cause, and if certain information had been included in the AA, Barry would not have been arrested, charged and incarcerated (blah blah blah). Evidence that comes to light now, I do not think can be submitted as evidence in this case as it’s about the actions taken by LE (withholding evidence from the judge who signed off the AA) in the last case.

My civil cases in California and Delaware were commercial in nature, so I have no idea whether civil rights cases follow the same rules for evidence. Are civil rights cases heard in federal court or does it go to a higher court because the government are defendants?

I am also wondering whether there will be court ordered mediation.

It is interesting for sure.
 
Something that did catch my eye in the civil complaint were the calls made and received on Suzanne’s phone late 9th May/early 10th May. LE must have this information, so who were the calls to and from?
 
Something that did catch my eye in the civil complaint were the calls made and received on Suzanne’s phone late 9th May/early 10th May. LE must have this information, so who were the calls to and from?
They were explained as being push notifications, which required Suzanne do nothing in order for her phone to receive them. More lies from his attorney. She has Suzanne's Verizon records, so she'd be able to site who she called or who called her. But they weren't phone calls...

So she has 2 data points, and simply goes with the one that serves her purposes, while ignoring the one that disproves her argument. The entire lawsuit is filled with this garbage.
 
From what I can make out the missed deadlines are a really small part of the complaint. The complaint is more about the AA being misleading by not including information/evidence that LE already had, which would have undermined probable cause, and if certain information had been included in the AA, Barry would not have been arrested, charged and incarcerated (blah blah blah). Evidence that comes to light now, I do not think can be submitted as evidence in this case as it’s about the actions taken by LE (withholding evidence from the judge who signed off the AA) in the last case.

My civil cases in California and Delaware were commercial in nature, so I have no idea whether civil rights cases follow the same rules for evidence. Are civil rights cases heard in federal court or does it go to a higher court because the government are defendants?

I am also wondering whether there will be court ordered mediation.

It is interesting for sure.
Yes, the venue for Civil Rights cases is Federal Court. This case is being heard in U.S. District Court - District of Colorado.

 
Just reading this old quote from Iris just after the case was dismissed:

"What they said in their motion to dismiss was that they need a body; after two years' time, that's what they think they need now, after they put Mr. Morphew through this hell," she said. “They might find Suzanne, but I'll tell you what — it's not gonna be linked to Mr. Morphew," she added.

I have to wonder if Iris knew that Suzanne’s body wasn’t well hidden, and she was leaving the door open in case Suzanne was found.

And she was likely to be right about the body not being linked to Barry, if it was found. She already knew that there was no data recovered from that night.

What she did not count on however, was Suzanne’s bones providing a direct link to her client.

Few people did.

 
Digging deep into my gray matter, did we learn once upon a time that cameras were sparse? One up at Monarch and one at an intersection in Poncha Springs? Was the PS one a traffic cam, of the sort that doesn't record?

I'm wondering about Barry's awareness of the same.

I'm trying to put together a loose loop for myself. I think some of the loose ends are actually signs of Barry's chaotic thinking.

I think he was livid that morning having viewed his mini cam while at the beach site with MG.

I think he went home early and intended then to murder her but for reasons known only to him, he didn't. Maybe couldn't. Not without being spotted.

By 1:40, he had gone from livid to incensed....

Once he used BAM on his wife, I don't know whether he continued to inject her, whether she was sedated briefly or at length before death, but I suspect it wasn't long because of the presence of cadaverine... death at 2 pm yields cadaverine at 2 am.

With his truck blocking the neck of the driveway, he had reasonable assurance no one would be coming to the house, he would only need to conceal her temporarily. (Afain, I wonder what secrets the grave reveals. Fluids leaching into the soil, could LE determine if the body was at length or truncated? Just how big a hole was dug? 2 ft x 6 ft? 2 ft x 3?)

Here's where I want pins and a map.

10:30/11pm I think Barry sets out. Driving what, I don't know. Towing a trailer, maybe. Just before midnight, I think he was in fact at the beach site. Using his equipment or something left there by the contractor, or shovels. At a minimum running a diesel engine.

He leaves when the neighbor's porch light comes on.

From there he drives to Moffat. Is it even closer from the beach site? I'll be the first to admit I get these things backwards, don't know my cardinal points -- but if Barry drives from the beach site through Moffat, stops outside the city limits and starts digging, by my maths, that puts him there between 1 and 2 am -- cadaverine and rigor hour -- and puts him right on target for getting back to PP around 3:30, especially if he had return another vehicle, reclaim his trailer, etc, etc. Not a minute to spare.

Spends the next hour plotting. Clearing off his work bench, gathering the helmet and bike jacket. Maybe he was responsible for the jumble of Suzanne's things on her passenger seat. Maybe it was all contained in a backpack which he dumped, in order to use it for his own purposes.

I've seen Barry's vehicles, seen his idea of packing, seen his workbench and gunsafe. That seat looked more like his doing than hers, that's for sure.

Barry wasn't going to steal her cash and credit cards, not when he was angling for stealing all of her money. You know, as "guardian".

(Has LE recovered data from Suzanne's vehicle showing when doors were opened and closed?)

Then he unstows her bike, carries her bike down the way.

Walks back, drives away, first turning left in order to toss her helmet and who knows what else, before heading off to Broomfield.

He had exactly that much time to do exactly that.

JMO
 
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Maybe no one was allowed to show up but BMs mom, sister and daughters. I would say maybe one or two friends but I don’t think any have stayed around since the autopsy was released.
I can say if you were not invited, you were turned away and/or asked to leave. There's a video on twitter/X of somebody who drove to Westerfield Baptist Church and being told 'you are not allowed to be here, please leave.' Sorry, can't link non MSM source.
 
Digging deep into my gray matter, did we learn once upon a time that cameras were sparse? One up at Monarch and one at an intersection in Poncha Springs? Was the PS one a traffic cam, of the sort that doesn't record?

I'm wondering about Barry's awareness of the same.

I'm trying to put together a loose loop for myself. I think some of the loose ends are actually signs of Barry's chaotic thinking.

I think he was livid that morning having viewed his mini cam while at the beach site with MG.

I think he went home early and intended then to murder her but for reasons known only to him, he didn't. Maybe couldn't. Not without being spotted.

By 1:40, he had gone from livid to incensed....

Once he used BAM on his wife, I don't know whether he continued to inject her, whether she was sedated briefly or at length before death, but I suspect it wasn't long because of the presence of cadaverine... death at 2 pm yields cadaverine at 2 am.

With his truck blocking the neck of the driveway, he had reasonable assurance no one would be coming to the house, he would only need to conceal her temporarily. (Afain, I wonder what secrets the grave reveals. Fluids leaching into the soil, could LE determine if the body was at length or truncated? Just how big a hole was dug? 2 ft x 6 ft? 2 ft x 3?)

Here's where I want pins and a map.

10:30/11pm I think Barry sets out. Driving what, I don't know. Towing a trailer, maybe. Just before midnight, I think he was in fact at the beach site. Using his equipment or something left there by the contractor, or shovels. At a minimum running a diesel engine.

He leaves when the neighbor's porch light comes on.

From there he drives to Moffat. Is it even closer from the beach site? I'll be the first to admit I get these things backwards, don't know my cardinal points -- but if Barry drives from the beach site through Moffat, stops outside the city limits and starts digging, by my maths, that puts him there between 1 and 2 am -- cadaverine and rigor hour -- and puts him right on target for getting back to PP around 3:30, especially if he had return another vehicle, reclaim his trailer, etc, etc. Not a minute to spare.

Spends the next hour plotting. Clearing off his work bench, gathering the helmet and bike jacket. Maybe he was responsible for the jumble of Suzanne's things on her passenger seat. Maybe it was all contained in a backpack which he dumped, in order to use it for his own purposes.

I've seen Barry's vehicles, seen his idea of packing, seen his workbench and gunsafe. That seat looked more like his doing than hers, that's for sure.

Barry wasn't going to steal her cash and credit cards, not when he was angling for stealing all of her money. You know, as "guardian".

(Has LE recovered data from Suzanne's vehicle showing when doors were opened and closed?)

Then he unstows her bike, carries her bike down the way.

Walks back, drives away, first turning left in order to toss her helmet and who knows what else, before heading off to Broomfield.

He had exactly that much time to do exactly that.

JMO
Great work here Megnut….. you never cease to amaze. I imagine some more versed in the case timing and data will help with this amazing postulate you have given too.

And I sort of hope (and hope that you have no objection perhaps to the suggestion…… ;) ) that prosecutors or investigators might also ponder the points and perspective you have given. Thanks for the contributions! MOO
 
Digging deep into my gray matter, did we learn once upon a time that cameras were sparse? One up at Monarch and one at an intersection in Poncha Springs? Was the PS one a traffic cam, of the sort that doesn't record?

I'm wondering about Barry's awareness of the same.

I'm trying to put together a loose loop for myself. I think some of the loose ends are actually signs of Barry's chaotic thinking.

I think he was livid that morning having viewed his mini cam while at the beach site with MG.

I think he went home early and intended then to murder her but for reasons known only to him, he didn't. Maybe couldn't. Not without being spotted.

By 1:40, he had gone from livid to incensed....

Once he used BAM on his wife, I don't know whether he continued to inject her, whether she was sedated briefly or at length before death, but I suspect it wasn't long because of the presence of cadaverine... death at 2 pm yields cadaverine at 2 am.

With his truck blocking the neck of the driveway, he had reasonable assurance no one would be coming to the house, he would only need to conceal her temporarily. (Afain, I wonder what secrets the grave reveals. Fluids leaching into the soil, could LE determine if the body was at length or truncated? Just how big a hole was dug? 2 ft x 6 ft? 2 ft x 3?)

Here's where I want pins and a map.

10:30/11pm I think Barry sets out. Driving what, I don't know. Towing a trailer, maybe. Just before midnight, I think he was in fact at the beach site. Using his equipment or something left there by the contractor, or shovels. At a minimum running a diesel engine.

He leaves when the neighbor's porch light comes on.

From there he drives to Moffat. Is it even closer from the beach site? I'll be the first to admit I get these things backwards, don't know my cardinal points -- but if Barry drives from the beach site through Moffat, stops outside the city limits and starts digging, by my maths, that puts him there between 1 and 2 am -- cadaverine and rigor hour -- and puts him right on target for getting back to PP around 3:30, especially if he had return another vehicle, reclaim his trailer, etc, etc. Not a minute to spare.

Spends the next hour plotting. Clearing off his work bench, gathering the helmet and bike jacket. Maybe he was responsible for the jumble of Suzanne's things on her passenger seat. Maybe it was all contained in a backpack which he dumped, in order to use it for his own purposes.

I've seen Barry's vehicles, seen his idea of packing, seen his workbench and gunsafe. That seat looked more like his doing than hers, that's for sure.

Barry wasn't going to steal her cash and credit cards, not when he was angling for stealing all of her money. You know, as "guardian".

(Has LE recovered data from Suzanne's vehicle showing when doors were opened and closed?)

Then he unstows her bike, carries her bike down the way.

Walks back, drives away, first turning left in order to toss her helmet and who knows what else, before heading off to Broomfield.

He had exactly that much time to do exactly that.

JMO
I have at times wondered if he did leave her somewhere outside iwith perhaps some extra bait to try and attract a mountain lion.
 
Great work here Megnut….. you never cease to amaze. I imagine some more versed in the case timing and data will help with this amazing postulate you have given too.

And I sort of hope (and hope that you have no objection perhaps to the suggestion…… ;) ) that prosecutors or investigators might also ponder the points and perspective you have given. Thanks for the contributions! MOO
As we went round and round on what he did with her body, I think we covered virtually every possibility. Mineshaft. Burial pod. Wood chipper. Under the driveway. But there was always this sense thst he had about 3.5 hours to work with which draws a big radius. Did he stay nearby and work longly? Did he go long but work shortly? White Pines, home of the swan dive and overlooking a cemetery. Buried with a carcass. Lion's den. Turns out, he drove as far as he could get and dug as deep as he could in order to be back at PP in team to load up and get gone.

Finding her remains is nothing short of miraculous. Unless LE got a fresh lead.....

Could Barry himself have said something odd in regard to missing person Edna and that person called it in?

Eager to see this all consolidated into a prosecution and conviction.

JMO
 
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So she has 2 data points, and simply goes with the one that serves her purposes, while ignoring the one that disproves her argument. The entire lawsuit is filled with this garbage.
^^rsbbm

This ^^ is a very important point!

We know each defendant separately answered BM's Complaint with Motions to Dismiss-- in essence, requesting the Court dismiss BM's claim for
failing to state a claim to relief that was plausible on its face, and that the defendants are entitled to qualified immunity.

Plausibility, in the context of a motion to dismiss, means that the plaintiff pleads FACTS! IMO, OP's example will long stand for why this civil suit will be rejected by the Court!

As a matter of law, pleading allegations which are legal conclusions, bare assertions, or merely conclusory, are NOT entitled to the assumption of truth (i.e, are not assumed as facts), and the same are not entitled to relief, as sought by BM. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

Nope. No room in the Court for 'Liar, liar, pants on fire.'

Please reference dismissed defendant Sergeant Hysjulien's "Legal Standard" quoted below.

^^rsbm

BM DISMISSED Sgt Hysjulien from his civil suit.

Please take note of Sgt Hysjuliens very relevant answer (i.e., conclusory allegations) to BM's Complaint, as cited in the defendants Motion to Dismiss:

View attachment 501367

 
10:30/11pm I think Barry sets out. Driving what, I don't know. Towing a trailer, maybe. Just before midnight, I think he was in fact at the beach site. Using his equipment or something left there by the contractor, or shovels. At a minimum running a diesel engine.

He leaves when the neighbor's porch light comes on.
^^rsbm

Didn't this occur on Friday night, and not Saturday?
 
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