Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #30

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10ofRods said:
My response to the "why isn't he arrested" question is this:

LE want to have all their ducks in a row before BM is ever entitled to an attorney and to the evidence. When LE goes to the Judge for an arrest warrant, they want a super solid case that is already overwhelming in terms of discovery.

BM will then have to hire an attorney or increase his retainer with the one he has. BM must by now have an attorney (especially after the DM article), and the attorney either knew or didn't know about JP. If the attorney has not heard about the hotel room, JP and other details in that article, then the attorney is going to bill BM for a meeting and have a nice talk with him.

LE wants BM to deplete his resources in the meantime. They will nickel and dime him until they are good and ready to dangle him in front of the Court. No hurry. CoVid is making hearings get postponed.

Let BM spin his wheels for a while - there really is no hurry. I don't think he's going to murder anyone else right now. Personally, I don't think his daughters are living with him at this point in time, and I think LE is watching him pretty closely.

This is now the time when BM will spend hours on his attorney, for real. He will have to come up with a bigger sum of money and he'll blow through it faster. Right now, he has no right to any evidence - he's not the defendant. Yet. But he for sure is going to want reassurance from his attorney - and possibly want to work out a deal (who knows?) He might start laying the groundwork for that OR he might make a serious misstep.

Does BM have any friends left after today? Can he go into town for groceries without feeling under scrutiny? When AM and others descend upon Salida for vigils and searches, will BM lurk in the shadows, waiting for the inevitable? Will he crack?

Someone else knows something. Those someones are now figuring what the right thing to do might be, because no one wants to be an accessory after the fact for murder one.
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Gold Star for your post! Excellent Post @10ofRods Thank you! Can’t like it more than once unfortunately!
 
Stripehaven said:
I actually did try to imagine it. And I can’t imagine committing a crime that needs cleanup in Location A, then moving on to Location B, complete with cameras and possible witnesses to dishevelment, agitation, etc, for cleanup. This makes me think the crime may actually have happened, unpremeditated, at Location B.

All his sloppiness, all along, has really made me doubtful that he planned anything.

Until this motel revelation I was leaning toward unpremeditated in their home, but was puzzled that LE apparently found no evidence of a crime.
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bbm
Wow. If this happened, LE might know it already, and have stayed silent.
Kudos to them.
I think they've been very busy.

All they really need now is Suzanne.
 
ivegotthemic said:
Welcome! Always nice to get a locals perspective on things. Normally were not this lively, you picked a good day to jump in
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I lurked during some of the Gannon Stauch investigation and have watched for updates here mostly about Suzanne, popping in just to check. This bothers me because it was Mother's Day, because it was a Sunday and most wholesale material vendors are closed on Sundays. I stayed in a hotel during this time and onsite pools were closed as well as most lobbies, anyplace that served food onsite etc. There was no dining in anywhere and only take out. Businesses were ghost towns and the hotel I stayed at was not very full at all.

I am very familiar with landscaping and construction and although some landscapers do not plan well, Sunday would not be a time to get things in order unless it was to site visit and layout. It sounded like Barry had told Suzanne this in advance ( according to him) and it wasn't a last minute run to drop off tools prior to Monday. It is not impossible and who knows his real reasone on going early, but from a landcaping perspective on a family holiday, Sunday, during a pandemic with COVID restrictions, it seems far fetched.
 
LietKynes said:
bbm
Wow. If this happened, LE might know it and have stayed silent.
Kudos to them.
I think they've been very busy.

All they really need now is Suzanne.
Click to expand...
If he incapacitated her around 12:30 Saturday, and drove with her to the hotel, and brought her inside, surely there is video of this? I just don't think she was in that room. but we shall see.
JMO
 
justtrish said:
These are the types of things that bother me about some reporting. They can make it sound very different just by wording. Two very different things there. One would implicate Barry for suggesting their was a family emergency way before he should hvae known there was an emergency. The second would be a reason why the room was left in such a way when his employee arrived because Barry had to leave unexpectedly.

Again I don't know if BM did or didn't harm SM.. but reporting in this case has been all over the place and piecing together who said what about times could be much clearer if LE was talking about any of it. Instead we have news reports quoting people (almost always not LE because they have said very little), YouTube video interviews with friends, co workers, and family. We don't have facts from LE on when he checked into or out of a hotel, when he told them he last saw SM, when he said he was going or where for work. Nearly everything has been reported from somewhere other that LE. Maybe they don't need to put any info out because they just have what they need.
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I believe LE doesn't give out the information because it would aid whoever has done this crime, and their job is investigation, not media management or public relations. LE would be perceived as manipulating the trial outcome if they handed out bits of information piecemeal (or in any other manner).

It's just standard practice, these days, for most LE not to give out evidence in advance of court hearings.
 
LietKynes said:
bbm
Wow. If this happened, LE might know it and have stayed silent.
Kudos to them.
I think they've been very busy.

All they really need now is Suzanne.
Click to expand...

i agree LE doesnt need to show their hand, their working hard behind the scenes and have been on top of things since the missing person report was filed. It benefits them to stay silent and let BM keep digging his own grave. The more people that come forward the faster the evidence will start to stack up
 
oviedo said:
If he incapacitated her around 12:30 Saturday, and drove with her to the hotel, and brought her inside, surely there is video of this? I just don't think she was in that room. but we shall see.
JMO
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Agreed.
But what if location B was somewhere outside the home, just not the hotel ?

My first guess is that something horrific occurred right after the texting ceased and it was at their home.
But what if she was lured to a convenient spot in the woods ?
As in, "Let's go for a drive and talk this over...", scenario ?
Imo.
 
ivegotthemic said:
You have several good questions. I'll do my best to be brief but this is a kind of complex area of law so you might need to strap yourself in. The court prioritizes who has the most claim to guardianship in indian its:
The following are entitled to consideration for appointment as a guardian in the order listed:
  • • a person designated in a durable power of attorney
  • • the spouse of an incapacitated person
  • • an adult child of an incapacitated person
  • • a parent of an incapacitated person or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two witnesses
  • • any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six months before the filing of the petition
  • • a person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person. IC 29-3-5-5(a).
BM has the most claim to be guardian, so the court would appoint him unless they felt there was a conflict of interest (which he would not present evidence of) or he was unfit. anyone can ask the courts permission to be apart of a guardianship hearing but the discretion on who can and cant attend is left to the sole discretion of the court. Ive been trying to find a concrete answer for you but the only real .

29-1-10-6 Removal of personal representatives; prior acts - The court may remove the representative in accordance with either of the following:
(1) The court on its own motion may, or on petition of any person interested in the estate shall, order the representative to appear and show cause why the representative should not be removed. The order shall set forth in substance the alleged grounds upon which such removal is based, the time and place of the hearing, and may be served upon the personal representative in the same manner as a notice is served under this article.
(2) The court may without motion, petition or application, for any such cause, in cases of emergency, remove such personal representative instantly without notice or citation.

The court doesnt layout a specific test that i could find that could serve as a checklist to say yes i can prove a, b, and c, so the guardian is removed but they do give some vague examples -

a failure of integrity such as refusing to perform the administrative duties as required or breaching the trust of the ward.  Helm v. Odle, App.1959, 157 N.E.2d 584, 129 Ind.App. 4

a failure to file investment paperwork - how and in what timeframe the court needs to be informed of a wards the inventory and accounting of assets is procedurally mandated by law and failure to meet these requirements can have you removed

incapacity - An administrator may be removed for habitual drunkenness, without other evidence of his incapacity to perform his duty as administrator.  Gurley v. Butler, 1882, 83 Ind. 501. The fact that an administrator could neither read nor write was not a sufficient ground for removing him on an application of a creditor under the statute.  Gregg v. Wilson, 1865, 24 Ind. 227. (included this one for fun, oh the law is great sometimes)

they also list refusal to obey court orders. or in cases of emergency. I spent alot of time trying to figure out what would actually constitute an emergency and this is literally the most clear definition I could find: In construing the foregoing provision of Subd. 6, supra, the Supreme Court, in the case of State of Indiana ex rel. Cassel v. Johnston et al, 1933, 204 Ind. 563, 570, 185 N.E. 278, 281, said: ‘The emergency, however, should be clear and imperative before a court should take such a drastic measure to remove an executor or administrator without a citation so that the parties in interest may have their day in court.'... like im sorry the literally leave it this broad.

The burden to prove BM is unfit in on whoever files the motion to have him removed. and the legislative notes further state that removal of a guardian is left to the sole discretion of the courts.

That being said from what I found marital strife would not be enough, all marriage go through ups and downs so IMO it would have to be something significance give the court gives spouse priority. The court is most concerned with whats in the best interest of the ward, so it will always rule to do what would serve them best. So if potentially a standard for incapacity wasnt met they may rule to remove BM anyways because its in SM best interest

Hopefully this is what you were looking for. The law in this area is a bit of a hot mess (IMO) but im happy to try and help clear up any other question you have. apologies explaining the law is just lengthy some times
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@ivegotthemic
Thank you isn't sufficient. This is great stuff. I learned a lot and much appreciate the effort. And, thank you. ;-)

In my little non-lawyer brain I judge that it would be nearly impossible a task, as of today, to prove BLM is unfit for guardianship based on what we know, including all of his unusual, sad, and suspicious actions starting from May 11th. As an unmarried person, it also seems reasonable that spouses are best suited and best intentioned to look out for one another. The process worked, whether we like it or not. IMO
 
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curiouser74 said:
I lurked during some of the Gannon Stauch investigation and have watched for updates here mostly about Suzanne, popping in just to check. This bothers me because it was Mother's Day, because it was a Sunday and most wholesale material vendors are closed on Sundays. I stayed in a hotel during this time and onsite pools were closed as well as most lobbies, anyplace that served food onsite etc. There was no dining in anywhere and only take out. Businesses were ghost towns and the hotel I stayed at was not very full at all.

I am very familiar with landscaping and construction and although some landscapers do not plan well, Sunday would not be a time to get things in order unless it was to site visit and layout. It sounded like Barry had told Suzanne this in advance ( according to him) and it wasn't a last minute run to drop off tools prior to Monday. It is not impossible and who knows his real reasone on going early, but from a landcaping perspective on a family holiday, Sunday, during a pandemic with COVID restrictions, it seems far fetched.
Click to expand...
I 100% agree, could his story be accurate? Yes its possible, but possible and probable are two different things and i think at this point there are two many holes being poked in the narrative I find it really unlikely to have a shred of truth
 
LietKynes said:
Agreed.
But what if location B was somewhere outside the home, just not the hotel ?

My first guess is that something horrific occurred right after the texting ceased and it was at their home.
But what if she was lured to a convenient spot in the woods ?
As in, "Let's go for a drive and talk this over...", scenario ?
Imo.
Click to expand...
i've thought she was hit at the house and the cleanup was not done well. then she was taken from the house in an older car - somehow equipment is involved and he had to do something Saturday night - nearly 11 hours after her texting stopped - so my guess is she is in a spot (or in a state) where he's super confident she won't be found - now if he used that equipment (bobcat?) from the dig site - and if he did not trailer it - those little things can go pretty far - so I would draw a circle around the dig site and go out 5 miles. However, if the machine sat there and was running for half an hour or so - well then, I would guess that it wasn't used to move anything at all. it fits in somehow though. all just guesses of course
IMO
 
IMO something happened late that Saturday through the night into early Sunday morning.....BM did something with/to SM either in/around or on the way to Denver/Broomfield

It's, dare I say, literally, a dead giveaway that BM said a family emergency happened that MORNING when SM had not been reported missing for many hours yet...

I'd be interested to know when hotel surveillance shows BM arriving at the hotel.......to shower & disinfect with chlorine...

I'm on the fence on how premeditated this might have been - perhaps, perhaps not at all: or BM & whatever 'not hunky dory' situation hit a boiling point & BM saw that weekend as an opportunity & took it without a whole lot of pre-planning......

JMO
 
10ofRods said:
My response to the "why isn't he arrested" question is this:

LE want to have all their ducks in a row before BM is ever entitled to an attorney and to the evidence. When LE goes to the Judge for an arrest warrant, they want a super solid case that is already overwhelming in terms of discovery.

BM will then have to hire an attorney or increase his retainer with the one he has. BM must by now have an attorney (especially after the DM article), and the attorney either knew or didn't know about JP. If the attorney has not heard about the hotel room, JP and other details in that article, then the attorney is going to bill BM for a meeting and have a nice talk with him.

LE wants BM to deplete his resources in the meantime. They will nickel and dime him until they are good and ready to dangle him in front of the Court. No hurry. CoVid is making hearings get postponed.

Let BM spin his wheels for a while - there really is no hurry. I don't think he's going to murder anyone else right now. Personally, I don't think his daughters are living with him at this point in time, and I think LE is watching him pretty closely.

This is now the time when BM will spend hours on his attorney, for real. He will have to come up with a bigger sum of money and he'll blow through it faster. Right now, he has no right to any evidence - he's not the defendant. Yet. But he for sure is going to want reassurance from his attorney - and possibly want to work out a deal (who knows?) He might start laying the groundwork for that OR he might make a serious misstep.

Does BM have any friends left after today? Can he go into town for groceries without feeling under scrutiny? When AM and others descend upon Salida for vigils and searches, will BM lurk in the shadows, waiting for the inevitable? Will he crack?

Someone else knows something. Those someones are now figuring what the right thing to do might be, because no one wants to be an accessory after the fact for murder one.
Click to expand...
Good points. ^^^

Re. the bolded : Yes, I think JP is but one in a line of people not willing to become a part of Suzanne's disappearance and possible demise !
 
I can just imagine the BM defense. He had to do a job up near Denver, and then decided to come home to surprise Suzanne. Found her in a compromising position and was overcome by emotion and lost it. The rest was done to ensure that Suzanne was remembered as a dutiful wife and Mom, so her image was not tarnished.
 
MassGuy said:
Help Encourage MM and TN to give the $32,912 to Andy Moorman's search effort. It fits the goals of the fund and Andy is putting together a team. You can sign up to help at profilingevil.com

#suzannemorphew #moormanfamily #plunder #itsacrime #dutyron
https://twitter.com/profilingevil/status/1301257419264155648?s=21
https://twitter.com/profilingevil/status/1301257419264155648?s=21

*Edited to change names to abbreviations
Click to expand...
But what if the money has already been spent?
 
Nerissa said:
IMO something happened late that Saturday through the night into early Sunday morning.....BM did something with/to SM either in/around or on the way to Denver/Broomfield

It's, dare I say, literally, a dead giveaway that BM said a family emergency happened that MORNING when SM had not been reported missing for many hours yet...

I'd be interested to know when hotel surveillance shows BM arriving at the hotel.......to shower & disinfect with chlorine...

I'm on the fence on how premeditated this might have been - perhaps, perhaps not at all: or BM & whatever 'not hunky dory' situation hit a boiling point & BM saw that weekend as an opportunity & took it without a whole lot of pre-planning......

JMO
Click to expand...
bbm
Ita.
One of the first flat out lies LE caught him in ??
I wonder if the employee gave LE access to the phone text/calls from BM ?
I'm assuming that JP did just that.
Again, LE are working diligently on justice for Suzanne.
 
MassGuy said:
Help Encourage MM and TN to give the $32,912 to Andy Moorman's search effort. It fits the goals of the fund and Andy is putting together a team. You can sign up to help at profilingevil.com

#suzannemorphew #moormanfamily #plunder #itsacrime #dutyron
https://twitter.com/profilingevil/status/1301257419264155648?s=21
https://twitter.com/profilingevil/status/1301257419264155648?s=21

*Edited to change names to abbreviations
Click to expand...

What the heck? @ProfilingEvil has already deleted the referenced tweet! Ugh!
 
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