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

New Posts

Status
Not open for further replies.
How did Barry damage the door frame and not the door itself?

I've often wondered if he was forced to leave the doorframe as it was but did replace the door. Swapped it out. Borrowing a door from a less conspicuous place, like a closet, bathroom, neighbor's house. Standard issue door.

He's decidedly not handy. Leaves the grunt work to grunts but he did have time and he may have been desperate.

Maybe wood fragments came from the original bedroom door. And the broken one was replaced in its secondary location at his earliest opportunity. If down the road, neighbors would never be any the wiser, and Barry probably had free entry, neighborly to check in on the place.

Handy too to borrow a vehicle at the same time.

JMO
 
Nothing new here except for just how much evidence Kelley’s office will have to pore over, and Carol once again parroting Iris in regards to BAM being used by hunters. Of course no story would be complete without Iris attempting to Iris us:

https://twitter.com/x/status/1788763901540089920

Heaps of information

Anne Kelly inherits a voluminous four-year-old case with at least 80,000 pages of discovery, not including hours of police body-worn camera footage and video interviews. But the recent autopsy results revealed a critical clue. A request by the El Paso County Coroner to a forensic lab for extra toxicology revealed that the chemicals butorphanol, azaperone, and medetomidine were found in Suzanne Morphew's femur, according to the report.

Sources who wished to remain anonymous confirmed that the chemicals were discovered in the marrow of the bone, a place that forensic pathologists say can be a treasure trove for storage of materials that may not be found in an initial cursory search.

The three chemicals are used by biologists, wildlife officers, and hunters to anesthetize large-sized animals such as deer, bears, moose, and horses.

-Still, Barry Morphew's attorney said that law enforcement should "take their blinders off" and stop focusing on his client. "Other people could have access to those chemicals who knew that Mrs. Morphew was alone that day (on Sunday, May 10, Mother’s Day)." Iris Eytan suggested that investigators will be able to get the prescription records. “Special veterinarians have the ability to prescribe these controlled substances. If they do their job...they’ll be able to get the prescription record, which farmers and ranchers had it and especially in that area."
 
gammagirl said:
Can anyone speak to the judges instructions to the jury in murder cases with circumstantial evidence? I remember hearing that the judge will instruct the jury on what the prosecution needs to prove. But, there is specific language... proof is not necessary, if I remember correctly. We dont need to know the exact cause of death, just that enough evidence points to one person...I feel like there is lots of circumstantial evidence that points to the killer. And, now with the BAM... slam dunk... IMO
Click to expand...

Great post @gammagirl!

After hearing (reading) the best juror instructions ever by Judge Werner while presiding over Letecia Stauch's trial, I learned of Colorado's Model Criminal Jury Instructions Committee who have prepared more than 3800 pages of guidance on the instructions. (See link below).

I think the key word here is "guidance" where some Prosecutors, Defense Attorneys, and Judges are better than others at referencing the material. However, at Trial, it's the burden of the State to request any "special juror instructions," and the Court will not volunteer them.

Also, see page 180 for discussion on direct and circumstantial evidence, and Colorado's revised law dated 1973 revoking any test between the two.


Rule 30 - Instructions, Colo. R. Crim. P. 30 | Casetext Search + Citator

Read Rule 30 - Instructions, Colo. R. Crim. P. 30, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
 
CO. "Jury Instructions Criminal 2022"
Cicumstantial Evidence
gammagirl said:
Can anyone speak to the judges instructions to the jury in murder cases with circumstantial evidence? I remember hearing that the judge will instruct the jury on what the prosecution needs to prove. But, there is specific language... proof is not necessary, if I remember correctly. We dont need to know the exact cause of death, just that enough evidence points to one person...I feel like there is lots of circumstantial evidence that points to the killer. And, now with the BAM... slam dunk... IMO
Click to expand...
@gammagirl You may be thinking of something along these lines? Here's a start.
"CHAPTER D. EVIDENTIARY INSTRUCTIONS"
D:01"DIRECT AND CIRCUMSTANTIAL EVIDENCE—NO DISTINCTION"

"A fact may be proven by either direct or circumstantial evidence.
Under the law, both are acceptable ways to prove something. Neither is necessarily more reliable than the other.
"Direct evidence is based on first-hand observation of the fact in question. [For example, a witness’s testimony that he [she] looked out a window and saw snow falling might be offered as direct evidence that it
had snowed.]
"Circumstantial evidence is indirect. It is based on observations of related facts that may lead you to reach a conclusion about the fact in
question. [For example, a witness’s testimony that he [she] looked out a window and saw snow covering the ground might be offered as
circumstantial evidence that it had snowed.]"

ETA: While my clumsy thumbs were slooow-typing,
:) @Seattle1 made a post w excellent insight. :)

I'll post on Murder 1 instruction shortly.
Welcoming any updated version I may have missed. :)
________________________________
^ page 180 of 3800 plus pages of COLJI-Crim.
 
Last edited:
CO. "Jury Instructions Criminal 2022"

“3-1:01 MURDER IN THE FIRST DEGREE (AFTER DELIBERATION) “
“The elements of the crime of murder in the first degree (after deliberation) are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. after deliberation, and
4. with the intent,
5. to cause the death of a person other than himself [herself],
6. caused the death of that person or of another person.
[7. and that the defendant’s conduct was not legally authorized by the affirmative defense in Instruction ___.]

_______________
Sorry, the rest of the instruction does not paste properly. IDK why this shows w strike-thru.
See page 1325 at link below.

Welcoming any updated version I may have missed. :)

 
Last edited:
Megnut said:
How did Barry damage the door frame and not the door itself?

I've often wondered if he was forced to leave the doorframe as it was but did replace the door. Swapped it out. Borrowing a door from a less conspicuous place, like a closet, bathroom, neighbor's house. Standard issue door.

He's decidedly not handy. Leaves the grunt work to grunts but he did have time and he may have been desperate.

Maybe wood fragments came from the original bedroom door. And the broken one was replaced in its secondary location at his earliest opportunity. If down the road, neighbors would never be any the wiser, and Barry probably had free entry, neighborly to check in on the place.

Handy too to borrow a vehicle at the same time.

JMO
Click to expand...
You again, Megnut! What a perfect solution to BM's problem this seems to be! Simply replace your own defective door with that of a dear neighbor, who is on vacation! Great!
 
debrat007 said:
I’m actually surprised he did not try to kill Liebler.
Click to expand...

You know, I think he wanted too, since schooltime. But, Barry is not an idiot at all. Nor is he impulsive. He plans, and traveling up north, to an unknown territory, to chase Liebler, given his large family? Too risky. Plus, many people might stand up for Liebler. In Salida, Suzanne is alienated from her friends in Indiana, lives in a lonely place with a huge acreage around, is sick, her children are not strong, seemingly broken by him, they can be manipulated. Even if he had a daughter like IE, aggressively strong, he'd think twice. But all women around him were broken. He doesn't fall for other women, that's it. Look, even SD or whatever her name is, also lost her oomph, having lived with him. I hope she has left him, for her own safety.
 
Feel free to remove if it breaks some untold rules. But I can't...

Does anyone here speak Italian? Anglo-Germanic languages are probably the only group in Europe where Barry's penchant for "antlers decor" doesn't invite laughter. Google "cornuto" in Italian, please. Or "cornudo" in Spanish.
 
Megnut said:
How did Barry damage the door frame and not the door itself?

I've often wondered if he was forced to leave the doorframe as it was but did replace the door. Swapped it out. Borrowing a door from a less conspicuous place, like a closet, bathroom, neighbor's house. Standard issue door.

He's decidedly not handy. Leaves the grunt work to grunts but he did have time and he may have been desperate.

Maybe wood fragments came from the original bedroom door. And the broken one was replaced in its secondary location at his earliest opportunity. If down the road, neighbors would never be any the wiser, and Barry probably had free entry, neighborly to check in on the place.

Handy too to borrow a vehicle at the same time.

JMO
Click to expand...
Thise kind of doors and frame just do that. The frame splits. It was a master bedroom so it was a double door, impossible to secure. A good shouldering would split frame because the hinge screws would encourage a crack and pop the lock.
 
Seattle1 said:
We know that LS tweeted about testimony referring to a picture of BM waiting in line outside of Moonlight Pizza that SM sent to the daughters, but LS recently confirmed that she did not see the actual photo in court.

Lauren Scharf
@LaurenScharfTV
ON May 8, #SuzanneMorphew sent a picture of #Barrymorphew standing outside Moonlight Pizza waiting for pizza to the girls. The girls are in Utah on a roadtrip

I think the reason the actual photo is not found in the Exhibits (or viewed in Court) is that the photo was probably seen only on the daughters phone or corroborated by them but they do not have a search warrant for this photo and daughters phones were not seized or under warrant.

In other words, if SM was NOT backing up her photos to the iCloud, and I suspect she was not, and LE does not have her phone, they can only confirm via SM's Verizon subpoenaed phone records that the text transmission to the daughters happened on May 8, and the daughter(s) corroborated the the message/photo.

We have a similar issue with questions surrounding SM's final, POL/sunbathing photo where the image that's in evidence appears to be a screenshot of the photo and not the actual image. I think this image in evidence likely came from a search warrant for JL's accounts, and why it's in evidence. JMO
Click to expand...

I agree on this Seattle

It was only a prelim, and in fact quite a few things discussed were not exhibited or at least not available to us plebs. For instance, the prosecution discussed both the BERLA and CAST reports and neither was exhibited by the state. Rather Grusing was the witness and sort of sock puppeted some of that stuff. The only reason we've seen any telematics and calls data is that the defence exhibited parts of it, but not the reports.

So it does not at all surprise me that this one photo was not an exhibit in the short form proceedings. But of course both sides may have had this photo or evidence of it via discovery

Both sides accepted Barry and Suzanne went for pizza. It was not a fact at issue.

This is my opinion, based on following the prelim.
 
Last edited:
Seattle1 said:
^^rsbm

IMO, we have to recognize the AA is not 100% on the communication between the parties, and without the full context, it's easy for the quoted texts to get lost in translation.

For example, at the conclusion of the prelim hearing on Sept 17, 2021, the prosecution gives context to the same communication quoted by OP (i.e. includes BM being first to ask about hiking, omitted from AA).

The passage below also demonstrates how SM was tricked into letting her guard down-- falsely believing BM had taken heed to her request for civility, as they made the transition to end their marriage.

From the Court Transcript of the proceedings on Sept 17, 2021, pages 13-15/99:

View attachment 502582
View attachment 502583

View attachment 502584
See docket #119.

www.websleuths.com

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

www.websleuths.com www.websleuths.com
Click to expand...

Fantastic post!

Our over-focus on the AA over the years is simply because it is the most accessible thing we have. But it never was the full case, or even necessarily that representative of what might have been presented in court. The prelim is obviously a step closer to what we would have seen.

I note especially that Grusing's testimony dances around CAST and BERLA at a helicopter level. We have simply never heard from those 2 expert witnesses, nor read their reports.

Just as one further example, Grusing was asked on cross about evidence from Barry's iphone being most likely plugged in at the residence. We have never seen what that evidence is.

Above is MOO, based on my recollection of the prelim cross.
 
Charlot123 said:
You know, I think he wanted too, since schooltime. But, Barry is not an idiot at all. Nor is he impulsive. He plans, and traveling up north, to an unknown territory, to chase Liebler, given his large family? Too risky. Plus, many people might stand up for Liebler. In Salida, Suzanne is alienated from her friends in Indiana, lives in a lonely place with a huge acreage around, is sick, her children are not strong, seemingly broken by him, they can be manipulated. Even if he had a daughter like IE, aggressively strong, he'd think twice. But all women around him were broken. He doesn't fall for other women, that's it. Look, even SD or whatever her name is, also lost her oomph, having lived with him. I hope she has left him, for her own safety.
Click to expand...
You just nailed Barry.
However...if he had the chance, on his own turf, I do think he'd clock Liebler.

Women around him were/are broken. Men like BM have no moral aversion to telling straight up lies about others to any and everyone, and often he will start this campaign long before he discard someone. He seemed to do that with SM. Particularly after her "disappearance."

SM attempted to have the guts to walk away. A wife doesn't "walk away" from Barry. And as far as he's concerned, God used him to punish her....
 
Boxer said:
Thise kind of doors and frame just do that. The frame splits. It was a master bedroom so it was a double door, impossible to secure. A good shouldering would split frame because the hinge screws would encourage a crack and pop the lock.
Click to expand...
Thank you, @Boxer-- perfectly stated!
As the resident nerd on this thread, I just couldn't subject my friends to the torque produced by shouldering the door,... distance from the hinges, force, magnitude....
 
Again about rocks (in evidence bag) and soil and maybe even sand:
92 of 129:
Barry said, "Joe, Joe said that you have planes that could detect disturbed soil. I mean, didn't they do that?" SA Grusing said, the mountainous and rocky terrain makes that method difficult.
Oh, how educated our Mr. Landscaper is in True Crime and methods ..... He probably knows, how to avoid things being seen from a bird's eye view, before "Joe" said so. Maybe he proved it already in IN, when digging a grave for his furniture, how to make the lawn looking untouched afterwards. Some rocks would have been helpful at Moffat against "spying planes" - AND inconspicuous clothing too (definitely nothing in SM's favorite colors teal or baby-blue). MOO
 
Last edited:
Warwick7 said:
You just nailed Barry.
However...if he had the chance, on his own turf, I do think he'd clock Liebler.

Women around him were/are broken. Men like BM have no moral aversion to telling straight up lies about others to any and everyone, and often he will start this campaign long before he discard someone. He seemed to do that with SM. Particularly after her "disappearance."

SM attempted to have the guts to walk away. A wife doesn't "walk away" from Barry. And as far as he's concerned, God used him to punish her....
Click to expand...

Oh, if he could get away with it, he’d kill Liebler no doubt. I think he enjoys killing, period.

BTW, I slightly misuse the word “broken”, or maybe its meaning has changed. Today, people are using it in the sense of “mentally not well”. I use it the sense of “broken by someone”. Like “my spirit was broken; I was demoralized.” I think that one has to have a certain resilience to mentally survive around BM. Suzanne had a lot of resilience, but when she said, “I am done”, she was really done with him. I don’t think his women are emotionally not OK, I just think he scares and harasses and puts down every woman who stays with him. It’s a long story, about his mentality, it would be very interesting to talk to the hunters who knew him. By nature, hunting is not a solitary sport; it is about some ancient camaraderie. I wonder if other hunters felt this way about BM.
 
Seattle1 said:
OK, hope this upright image of Exhibit easier to reference.

View attachment 502630
Click to expand...
Thank you for the image Seattle1! Yes that door jamb has seen a good hard kick, hip-check, or push which broke the jamb. The door was breached in that picture by heavy force from the right (outside room) towards the left (inside room). And picking up from Megnut posts #803 & #821 above, depending on the build and quality of the door, it is not that hard to destroy a jamb like that. And often the door itself might not show much or any sign of damage. (A solid door (or even hollow core) is typically ~1-1/4” thick and the hollow core would still have appreciable wood and support around the perimeter of the door; the door jamb typically is 3/4” thick.) The main reason IMO the break damage severity differs is the force or damage to the jamb is across or with the grain; the force or damage in the door is against the grain. It isn’t easy to determine how fresh that break is without comparing the color and oxidation within the split itself to the remainder of the exposed wood.

IMO to properly repair it, one would remove the inside trim, fill the split with good yellow carpenter glue, drill, clamp, and screw it back together. Then it could be sanded and refinished once fully dried. The carpenter glue usually takes ~24 - 48 hours to properly set. And please don’t bother to ask how I know this. I do carpenter work too is the answer. :) What was BM answer on how it was broken and when? IDR. One additional possible obvious answer also might be it was a recent break and the homeowner didn’t have time to repair it. IMO it seems the sandpaper might have been for something else? MOO
 
I am not Sherlock H. said:
Thank you for the image Seattle1! Yes that door jamb has seen a good hard kick, hip-check, or push which broke the jamb. The door was breached in that picture by heavy force from the right (outside room) towards the left (inside room). And picking up from Megnut posts #803 & #821 above, depending on the build and quality of the door, it is not that hard to destroy a jamb like that. And often the door itself might not show much or any sign of damage. (A solid door (or even hollow core) is typically ~1-1/4” thick and the hollow core would still have appreciable wood and support around the perimeter of the door; the door jamb typically is 3/4” thick.) The main reason IMO the break damage severity differs is the force or damage to the jamb is across or with the grain; the force or damage in the door is against the grain. It isn’t easy to determine how fresh that break is without comparing the color and oxidation within the split itself to the remainder of the exposed wood.

IMO to properly repair it, one would remove the inside trim, fill the split with good yellow carpenter glue, drill, clamp, and screw it back together. Then it could be sanded and refinished once fully dried. The carpenter glue usually takes ~24 - 48 hours to properly set. And please don’t bother to ask how I know this. I do carpenter work too is the answer. :) What was BM answer on how it was broken and when? IDR. One additional possible obvious answer also might be it was a recent break and the homeowner didn’t have time to repair it. IMO it seems the sandpaper might have been for something else? MOO
Click to expand...
Barry's answer-- denied it.

Doh.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 164 more.
Total: 4,045 (members: 165, guests: 3,880)

Online statistics

Members online
165
Guests online
3,880
Total visitors
4,045
Totals may include hidden visitors.

Forum statistics

Threads
594,244
Messages
18,000,853
Members
229,344
Latest member
tvfire1018
Back
Top