Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #13

[enelram]

Sorry the site is not allowing me to reply to quotes.
Regarding POA's. I have never seen a POA recorded but I do know there are different kinds
of POAs, one is for a specific thing and may only last for a specific period of time and then it just
expires. Another is a blanket POA which covers everything the signer could have signed in his/her own name. And it goes on until revoked
or death of signee.

 

[Seattle1]

I see quite a bit of angst regarding the guardianship issue. I understand the concerns, but I wanted to assure you all that the UAGPPJA (Uniform Guardian Act, for short) is very good law.

One of the primary concerns I see voiced here is that the laws of Indiana (and Colorado, for that matter) encourage "forum shopping." The reality is quite the contrary; uniform laws were created with the explicit goal of facing this matter. The reasoning: "Why would I choose State A over State B when the laws are essentially the exact same in both instances?" This rationale lead 47 states to choose to modify their guardianship laws to this universal language, to actually discourage forum shopping. The language and rationale is exactly the same as the uniform laws on child custody matters, which have been adopted everywhere other than Massachusetts.

I also see some concern over due process issues, i.e. notice and opportunity to be heard by those who would oppose the guardianship. The UAGPPJA also provides for this, requiring notice regarding guardianship hearings, as well as a provision requiring State A to contact State B to determine which forum would be best for all parties involved. And this makes sense; where would more people live that would be in opposition to a guardianship? In State A, where no significant amount of people know the respondent's (Ms. Morphew) wishes, or in State B, where the majority of her friends, family and acquaintances live?

Irrespective of Mr. Morphew's culpability, I feel compelled to stick up for the UAGPPJA. It discourages "granny snatching," which was a very real issue prior to its overwhelming adoption, one that I faced quite a bit (and still do) in my work. All laws have shortcomings, as they can't predict every wild fact pattern. However, I have no doubt that the district judge in Indiana is honorable and qualified to make a decision on this matter; he wasn't endorsed by his peers and elected for nothing.

I'll leave this with an article with a fact pattern that might, if not change minds, at least add understanding regarding the laws of Indiana, Colorado, and 45 great other States:

Interstate Guardianship Issues

P.S. Sorry for the longcat/TLDR!

Welcome to WS @AugustWest and thanks for sharing your valuable, and everso timely experience with us!

In all fairness, I think any angst you sensed from WS'ers about BM filing a petition for Guardianship for his missing wife can best be explained as our shock and dismay to learn BM filed the petition in the state of Indiana after residing in Colorado for more than two years.

Without any details about the petition, all we could do was speculate about a probable property or business transaction yet baffled why BM would be using the Probate court of Indiana versus a POA as they evidentially used not so long ago.

Regarding Guardianship, my personal experience was the recently confirmed Guardianship (Missing Persons) Act of 2017 in UK to make a provision for missing persons property and finances under Guardianship practice without a 7-year wait period. Coupled with the professional experience of other members where UAGPPJA has not been adopted, as well as others that have petitioned for Guardianship of living family members, we had many hours to share experience and worry about SM's interest.

It wasn't until Friday (June 5) that we learned for the first time that the petition was actually regarding jointly owned real estate in escrow set to close today. Again, we had much more time to share concerns than comprehend the temporary grant issued by the court pursuant to IC and the UAGPPJA.

Thanks again for the UAGPPJA and insight, and perhaps you'll consider becoming a verified attorney for the WS forum community. Please find more details at the link below.

Verification Process for Professional or Insider Posters

 

[10ofRods]

Or, she was abducted.

Definitely on the table of possibilities. In which case, LE has erred badly. And the family has behaved quite strangely. NO one - not one person - will tell the public when they last saw Suzanne. It's very hard for the public to contribute meaningful information about suspicious persons or to know what to look for on their video feed.

FB has a SM rumor going (it looks like every reasonable local disbelieves it though and in fact, it makes no sense). LE clearly discounts it (and I believe they've received tips, some of them were fairly public).

Crazy passerby? What strategies do you think online sleuthers could use? Does this resemble other cases? It's a road with traffic, but it's not a major interstate. Similar cases anywhere in the region?

Solo abductor or local yokels up to no good?

For ransom would be way out there - and something must have happened to prevent the kidnappers from contact BM, right?

Sherry Papini style?

 

[brooks]

You could actually engage in some speculation, without sleuthing any particular person. Surely, you don't have a particular person in mind. You could explore your theory here at length and find that many of us will be quite interested.

Stranger abduction? Abduction by known person? Known how? Sex trafficking?
Ran away? Why? Hitchhiked?
Is with a lover (ran away)?
Business associate?
Bungled robbery?
Other family member? (Can't sleuth them, only BM because LE went to his worksite and dug up concrete)
Serial killer?
Wilderness misadventure?


Please let's not do mountain lion again (I was one of the first to bring it up, one of my research interests is people missing in the wilderness, mountain lions leave specific traces and can be tracked by dogs).

Do you think she's missing from a bike ride?

At this time, I do think she is missing from a bike ride. Possibilities for me include abduction - stranger or known person, bungled robbery, serial killer, wilderness misadventure. I am leaning more toward abduction by a known person.

 

[kkdj]

I don't know for certain, but my guess is that if the original POA was recorded, then a revocation would also be found in the public records.

I'm haven't read everything but I don't know if a POA would be recorded. It does however, need to be notarized.

 

[CronesEye]

Can you say why you think searchers trample foliage when looking for a missing person? I've seen them part branches/grass, look, take one careful step, repeat. Dogs are very useful for this, as well (and trained to stop and not move further if they scent something).

The person who found the bike may or may not have been LE. I doubt they were a big group. Hopefully, LE preserved the scene, as there was no urgency to trample the immediate area where the bike was found. I would think they'd have looked for tire tracks, bike tracks, shoe prints, animal prints, etc.

I tend to trust CCSO on this.

BM claimed it was trampled in TDs "interview" video and anytime I go through brush like that with others it gets disturbed, often trampled. I am just making an assumption based on standard movement through foliage that thick, but of course as others have said that is almost a month ago, however it does not look like the top of the plants have been damaged from old or recent traffic, just somewhat of a path cut through.
I would think it would be best to search such an area over and over to not miss anything, thinking it would be easy to. I did very limited superficial SAR training years ago where everyone walked parallel, in an even line scanning so as to not miss anything. I have never done search training with dogs or solo, but a group. We didn't focus on maintaining foliage but scanning and recovering. You have much more experience than I do, thank you for sharing your experiences.
I also assume if that truly is where the bike was found it would have a lot of traffic through the last month, from a variety of people.

 

[Bridger]

In general, when you see a person signing under a PoA when the subject of the PoA is not permanently disabled, it’s a temporary PoA, executed for a specific purpose (signer is out of town, unreachable or perhaps too ill). Most permanent PoAs are triggered when the subject is diagnosed with dementia or otherwise is too disabled to enter into contracts. Of course there are exceptions, but I suspect if BM signed an earlier document under a PoA it was because SM was out of pocket temporarily.

 

[carbuff]

There are certainly many cases around the country of assailants causing a minor accident--car, bike, running--to put the victim at a disadvantage. I can see somebody bumping into her, offering to help her by driving her back to her house, and then throwing the bike down the bank and taking her somewhere else.

But if that happened, I don't suppose he planned to keep her alive for long And I think the police would be behaving differently.

 

[curiousgene]

I'm still new to this particular message board, so I'm not sure on multi-quote yet (don't worry, I'm tech savvy so I'll figure it out soon enough) and I wanted to reply to you as well as TKG. I hope @TKG will suffice.

I am an attorney, and I have to reply ethically, and thus this will be a general statement. In other words, I can't say I have any special insight into this case. I don't, so take this with a grain of salt, and know this isn't legal advice. But, generally speaking, temporary guardianships are much more restrictive than general.

As far as notice, the provisions are seemingly laid out at 29-3.5-2-8 of the Indiana Code:

2011 Indiana Code :: TITLE 29. PROBATE :: ARTICLE 3.5. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT :: CHAPTER 2. JURISDICTION

I have no doubt that the Indiana District Judge made sure that notice requirements were met in this case.

We only have read that, apparently, one family member states he/she didn't receive notice. It could be her dad, it could be her siblings (don't know that she has any), it could be great aunt Margo twice removed. I can only assume that notice was given "in the same manner as required to be given in" Indiana.

Vague enough for you?

I have a question and you can give a general reply as an attorney. What constitutes best interest in case of Guardianship of a missing person? I am trying to understand the factors a Judge has to keep in mind before deciding on a case like this. This is a great platform to learn and having an attorney like you contributing in the discussion forum is great. Thank you!

 

[brooks]

Definitely on the table of possibilities. In which case, LE has erred badly. And the family has behaved quite strangely. NO one - not one person - will tell the public when they last saw Suzanne. It's very hard for the public to contribute meaningful information about suspicious persons or to know what to look for on their video feed.

FB has a SM rumor going (it looks like every reasonable local disbelieves it though and in fact, it makes no sense). LE clearly discounts it (and I believe they've received tips, some of them were fairly public).

Crazy passerby? What strategies do you think online sleuthers could use? Does this resemble other cases? It's a road with traffic, but it's not a major interstate. Similar cases anywhere in the region?

Solo abductor or local yokels up to no good?

For ransom would be way out there - and something must have happened to prevent the kidnappers from contact BM, right?

Sherry Papini style?

I do agree that nobody is sharing info on the last time they saw or even spoke with Suzanne. I don't know about the FB rumor. I think it is possible the kidnapper(s) have been in contact with BM.

Crazy passerby is definitely a possibility in my opinion. Sherry Papini style is also a possibility.

Obviously, most people posting here think it is similar to other cases in CO, but I am not getting the husband is guilty vibe. Of course, I am probably slower than others on making that determination. You are correct - it is hard to sleuth without any info whatsoever.

 

[TKG]

Here is the link to the video interview by Greg Nieto with the mountain biker that reported a “car that was suspicious” that MD.

https://www.facebook.com/video.php?v=240130987293405

 

[Feistyomi]

You could actually engage in some speculation, without sleuthing any particular person. Surely, you don't have a particular person in mind. You could explore your theory here at length and find that many of us will be quite interested.

Stranger abduction? Abduction by known person? Known how? Sex trafficking?
Ran away? Why? Hitchhiked?
Is with a lover (ran away)?
Business associate?
Bungled robbery?
Other family member? (Can't sleuth them, only BM because LE went to his worksite and dug up concrete)
Serial killer?
Wilderness misadventure?


Please let's not do mountain lion again (I was one of the first to bring it up, one of my research interests is people missing in the wilderness, mountain lions leave specific traces and can be tracked by dogs).

Do you think she's missing from a bike ride?

Serial killer, or first time offender.
I Understand why CBI was called early in this investigation. Why FBI? I forget the reasons given, I would think CBI could handle this, especially since several recent murders of this nature.
We have an interview from former sheriff, saying this is bigger than... so far we’ve not been given any indication of the big ones , drugs, money laundering, human trafficking, etc.
This should be a simple husband murders spouse...
No body? That is the only option still out there, IMO, and by now, there would be work sites dug up everywhere.

How do we know the surveillance camera didn’t work and actually film the incident? We do not have any info one way or the other?

Murder for hire, still open for speculation, but tonite, I am going w/ predator, possible serial killer. Would need to know if there are similar cases,( where is Penelope when we need her? )We had a sexual offender bulletin pop up here, and quickly shut down. Too close for comfort. Can’t sleuth him. Not much there anyway. SM’s predator has experience, not sure he is local but he probably spent some time in the area. JMO

 

[Seattle1]

On point @MassGuy. I may change my username to massgirl, as I am and all!! Insta cred here.

Hear, hear @TKG.

And not that @MassGuy is an easy act to follow.

 

[Boxer]

Sorry the site is not allowing me to reply to quotes.
Regarding POA's. I have never seen a POA recorded but I do know there are different kinds
of POAs, one is for a specific thing and may only last for a specific period of time and then it just
expires. Another is a blanket POA which covers everything the signer could have signed in his/her own name. And it goes on until revoked
or death of signee.

MOO seems likely while getting cancer treatments she may have signed POA.

 

[Feistyomi]

Here is the link to the video interview by Greg Nieto with the mountain biker that reported a “car that was suspicious” that MD.

https://www.facebook.com/video.php?v=240130987293405

This is right in line w/ my thinking, what kind of car?!

 

[ar3593]

I agree. It's a business deal, it's a contract, and the buyer could sue if the contract was broken. Emotions are not part of contracts.

Take it from me, I have been in this situation. I had a serious change of heart after agreeing and signing a contract to sell my home in 2011 in Miami. I was a single mother at the time and loved my home. Even when I poured my heart out to this young couple, they threatened to sue me. They were vicious... I ended up having to sell the house and it's one of my biggest regrets. I broke even, not even a profit after all the blood, sweat and tears I put into that home...if I still had it today, I could be on my way to an early retirement..

 

[TKG]

Guess what? No description of the “suspicious” car. While IMO it all happened before MD and sadly SM is no longer alive, this just speaks to the tight lipped nature of the investigation.

If they though that his observation was a a possible threat or menacing to the community it would have been announced. IMO this investigation has been laser focused from day 1.

 

[303gmf]

He also might be trying to get his affairs in order for the sake of his mother and daughters in case he is suddenly gone.

Good thought!! Be interesting to see if any sales or changes made

 

[Nerissa]

IMO considering cases such as SM's - what otherwise might be considered 'harmless' 'innocent' or otherwise innocuous.....is under the microscope

LE has not treated SM as a missing person

LE does not believe an animal attacked her

IMO LE had something very very specific to go on within the first 24 hours

Couple this with BMs real estate transactions, the timing of said transactions & the pursuit of guardianship of his 'missing' wife....

And LE digging up & sifting with a fine tooth comb (with FBI in cahoots if not mistaken) BMs previous worksite......

I'm just waiting for the arrest of BM

It could be awhile - but if they had such definitive information as I suspect LE did from the get-go: it WILL happen

JMO

 

[Feistyomi]

Continuing w/ serial killer, wouldn’t every known offender in Colorado been somewhat ruled out by now...how long does it take?
Curious, not a criticism.
Shades of Shari again, he already had second victim dead and buried, and was moving toward third.
Where is Suzanne in his list? How wide is his range?