Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #45

[Hatfield]

The Bobcat has internal GPS as part of it's diagnostic systems, which cannot be defeated. IMO

Telematics Privacy Statement - Bobcat Company

I dont know the first thing about these systems on Bobcats or what year and model he may have had or how they cannot be defeated or not.

I will say that for most construction people I have ever worked with, a sledge hammer or another hammer was always nearby and we used them to help fix/break all kinds of "mechanical things".

 

[justtrish]

I disagree with you. What's smart often has little to do with typical, human behavior.

His priorities are clear. Business is super important to him. You may think he's been searching behind the scenes but where are the large search parties he organized? Where are the search centers? Where are the fliers he has created? The countless interviews and please for someone to give us information?

But more than that, more than how this shows his priorities is what it said about whether, early on, he felt it likely she would walk through that door.

I know from personal experience that when a loved one is missing, hope doesn't die, even improbable hope, that quickly. You keep feeling they're going to walk through the door, or you'll get a call that it's all been a terrible mistake, or whatever.

But let's be clear - LE doesn't get a search warrant to excavate a third parties' property, damaging that property in the process, via a fishing expedition to "eliminate" possibilities. They need probable cause. And the probable cause necessary for something like that is arguably greater than what's necessary to search the victim's property.

And as to that, LE didn't search the victim and her husband's property not once, but twice, over a month apart, despite the fact that she supposedly disappeared while on a bike ride. That's more than just elimination, IMO. I could understand one search of a location for that purpose. Not two.

Would the search warrants for the house have to be because LE thinks Barry has something to do with it or could it simply be that is the last place she was known to be? Do they have to be specific as in looking for specific items or if someone is just missing can they be more general to say looking for evidence of a crime?

In your opinion, what type of evidence would be needed in order to get a search warrant for that other location? I thought I read the owner gave permission and they still needed the search warrant. Would a judge need less evidence/proof to give a warrant if the owner of the property gives permission?

 

[GordianKnot]

You have to call out the Guardianship Petition by name. That was truly shocking, I don't care if it was a timely practical and/or legal necessity or not, it wouldn't be a priority for me if Mr. Knox went recently missing. Consequences be damned.

The immediate guardianship grab by BM put the motive on blast in neon flashing letters.

That filing will be something I fully expect to see the prosecution bring into evidence in a courtroom some day.

Specifically, a COLORADO courtroom…NOT an Indiana one.

JMO.

 

[Birmingplumb]

Did Andy and crew search only under the rocks at river beach site , or the entire perimeter where the bobcat could have been driven that night the neighbor heard it or something loud for 30 mins? ".........
11:30 p.m.: Sat
-A neighbor of a home being built in Salida hears heavy machinery running for about a half hour..........."
Something is telling me the usual suspect did the easiest thing...did not drive around with evidence at all .... and risk being seen or caught....stayed close....and the river job site needs to be researched IMO

 

[ivegotthemic]

Would the search warrants for the house have to be because LE thinks Barry has something to do with it or could it simply be that is the last place she was known to be? Do they have to be specific as in looking for specific items or if someone is just missing can they be more general to say looking for evidence of a crime?

In your opinion, what type of evidence would be needed in order to get a search warrant for that other location? I thought I read the owner gave permission and they still needed the search warrant. Would a judge need less evidence/proof to give a warrant if the owner of the property gives permission?

The warrant must describe with particularity the place to be searched and the items or persons to be seized. General warrants are not allowed. LE has to have probable cause to believe the items they are looking for are in the location specified in the warant. LE cant just search a house for any possible incriminating item, there must be a specific purpose. That being said during the execution of a warrant anything in plain view of LE at that location thats incriminating doesnt need a warrant, but its got to be obivous and require no searching by LE

If consent is given no warrant is needed. The owner has the right to say what, when, and for how long something can be searched by Le when giving consent and they can change their mind at any time.

 

[Trackergd]

I hope that "helpers" of the actor realize that when things go South, they are "loose ends".

 

[Lyanna]

The warrant must describe with particularity the place to be searched and the items or persons to be seized. General warrants are not allowed. LE has to have probable cause to believe the items they are looking for are in the location specified in the warant. LE cant just search a house for any possible incriminating item, there must be a specific purpose. That being said during the execution of a warrant anything in plain view of LE at that location thats incriminating doesnt need a warrant, but its got to be obivous and require no searching by LE

If consent is given no warrant is needed. The owner has the right to say what, when, and for how long something can be searched by Le when giving consent and they can change their mind at any time.

What's the difference between a general warrant and a sealed warrant - I did Googley it, and took away from my search that sealed warrants tend to be granted pursuant (hope that's the right word) to electronics privacy act? or if there is compelling government interest - I think I remembered that right ?

 

[tmar]

Thanks for the update @MassGuy.
It’s kind of depressing though just how many people’s bodies are out there and not found.

Losing a loved one, including a pet, has owners searching, wondering, waiting for years.
Two of my pets, a fluffy dog and a pet cockatoo have been abducted.
Years later, (after all notifications made) I still search for them, looking out for them, even at 'bird places', speaking to the bird, in case he may answer me, with the phrase I taught him.
Always hoping, waiting.

So I cannot understand how BM has revealed his COLD feelings, doing very little, to help in locating his missing wife.
Unbelievable.
BM possesses a strain of human traits, that is so ugly.
MOO.

 

[MassGuy]

What's the difference between a general warrant and a sealed warrant - I did Googley it, and took away from my search that sealed warrants tend to be granted pursuant (hope that's the right word) to electronics privacy act? or if there is compelling government interest - I think I remembered that right ?

A “sealed warrant,” is one that is not public record. This has been used in several recent Colorado cases. Not only have the warrants been sealed, but the arrest affidavits themselves have been sealed.

Typically, the arrest affidavit is made public upon arrest. In the Stauch and Frazee cases however, the defense and prosecution opposed their releases respectively.

The defense in the Stauch case thought it would hurt their client, and the prosecution in the Frazee case was concerned about the safety of witnesses, and potential further arrests.

Ultimately, the arrest affidavits and search warrants were unsealed, and made available to the public.

It’s done to protect the integrity of the investigation. You don’t want the suspect knowing what law enforcement has, especially when the investigation is ongoing.

 

[GordianKnot]

Since this isn't a court of law, I'm not really interested in applying the dogmatic "innocent until proven guilty" axiom to my analysis of the case at this point.

Instead, I'm flipping that on its head.

Mentally, I'm adopting a "guilty until proven innocent" position when it comes to BM.

I'm looking for one single fact that points to his innocence.

Fact: By BM's own self-report, he was the last person to see SM alive.
Fact: LE has not cleared BM.
Fact: LE publicly dismissed the narrative pushed by BM that a mountain lion had attacked SM.
Fact: Two search warrants were executed at the home.
Fact: A search warrant was executed at a property site where BM had done work, and that property was excavated.
Fact: BM's claims about his movements do not match up with reports by other witnesses (JP & MG).
Fact: BM has provided differing accounts of his actions on the day SM was reported missing.
Fact: BM put up a 26-second, "Oh, Suzanne…" video offering a reward contingent upon her safe return.
Fact: BM quickly moved to gain guardianship of SM and sold property in IN, and has also now listed their CO home.
Fact: BM did not attend SM's vigil, nor did he join the organized search efforts that AM spearheaded.
Fact: There has been no public accounting for the Gimme monies collected.

I'm not seeing anything on this list that will allow us to rule out the most obvious suspect from being the culprit .
What am I missing?
Anyone, anyone?

Find some facts that clear him.

Until then, he ain't innocent in my eyes.

JMO.

 

[Knox]

Would the search warrants for the house have to be because LE thinks Barry has something to do with it or could it simply be that is the last place she was known to be? Do they have to be specific as in looking for specific items or if someone is just missing can they be more general to say looking for evidence of a crime?

In your opinion, what type of evidence would be needed in order to get a search warrant for that other location? I thought I read the owner gave permission and they still needed the search warrant. Would a judge need less evidence/proof to give a warrant if the owner of the property gives permission?

Search Warrant & more at link

- Wednesday May 13th, LE served the search warrant for the Puma Path House.
- Friday, May 15th, Spezze held the one and only live press conference; in which he stated "I hope he (BM) continues to cooperate"

LE had been in the house for two days by the time the PC was held, so Speeze's comment is interesting.

As a rule, LE will obtain a search warrant to protect potential evidence discovered from being ruled "fruit from the poisonous tree". Too risky to go on owner's permission only.

JMO, but by day two LE was giving ole Barry the

 

[ivegotthemic]

What's the difference between a general warrant and a sealed warrant - I did Googley it, and took away from my search that sealed warrants tend to be granted pursuant (hope that's the right word) to electronics privacy act? or if there is compelling government interest - I think I remembered that right ?

No worries, you got it right but Im good at translating too so dont ever worry about that. So general warrant can have two meanings. In the first, a general warrant is just a warrant that doesnt say what items LE is look for or where they should be EX: "murder weapon in house". That would be too general to be approved for a warrant, youd need to be specific, so like "knife in the kitchen that was used in homicide" would be okay. The second meaning of general warrant (and the one im assuming you found given google) would just a be a regular, non-sealed warrant

Sealed warrants - if an attorney has good cause they can file a motion for a warrant to be sealed. An ongoing criminal investigation establishes good cause. Ordinarily procedures would be limited to cases in which an ongoing investigation using, for example, electronic surveillance or an undercover agent, would be jeopardized by revealing the information necessary to support probable cause to obtain a search warrant.

 

[Dave F.]

In my opinion, LE have full access to:

1. precise GPS data from the Ford truck
2. precise GPS data from the Bobcat loader
3. an enormous amount of cell phone data including ping data, call data, text data and actual text contents
4. Statements of anyone and everyone that BM called, or who called BM, between may 8-12, 2020.
5. minimum of four highway traffic cameras, coming and going
6. three speed cameras on I 25 through downtown Denver
7. numerous hotel security cameras, both interior and parking lot
8. numerous business security cameras
9. LE recording of the exact time of arrival at CR 225 just off US 50
10. all e-mail accounts of BM
11. all financial transactions of BM and SM
12. All social media, including email and messaging
13. all home security data and imaging

It is highly probably that LE had examined very little bit of this by the time of the slab (or beach) search. However, more than four months have passed since since that search concluded with no connection to this investigation being found. That property was searched by independent cadaver dog less than two weeks ago, resulting in a second cadaver dog search with LE. Again, no connection to this investigation was found. The family home has been searched by the CBI first, and then the FBI several weeks later. While no results have been announced, the extensive photos published yesterday tend to reveal an intact dwelling, right down to photographs in uniquely personal locations.

There is literally "mountains of evidence" piled up in this case, yet it does not appear that an arrest is imminent. In his ONLY news conference, Sheriff Spezze described that the investigation would start at the house and expand outward. I would like to believe that is the plan, and LE is still doing just that (expanding outward).
IMO

Suzanne Morphew - Chaffee County Sheriff

IMO

 

[Lyanna]

A “sealed warrant,” is one that is not public record. This has been used in several recent Colorado cases. Not only have the warrants been sealed, but the arrest affidavits themselves have been sealed.

Typically, the arrest affidavit is made public upon arrest. In the Stauch and Frazee cases however, the defense and prosecution opposed their releases respectively.

The defense in the Stauch case thought it would hurt their client, and the prosecution in the Frazee case was concerned about the safety of witnesses, and potential further arrests.

Ultimately, the arrest affidavits and search warrants were unsealed, and made available to the public.

It’s done to protect the integrity of the investigation. You don’t want the suspect knowing what law enforcement has, especially when the investigation is ongoing.

Thank you - is there a specific time limit as to how long the warrants/affidavits are sealed or would they only be unsealed once an arrest/trial has taken place etc.? Sorry for the questions - just like learning new things

 

[ivegotthemic]

Thank you - is there a specific time limit as to how long the warrants/affidavits are sealed or would they only be unsealed once an arrest/trial has taken place etc.? Sorry for the questions - just like learning new things

yes its usually 30 days, but it can be extended as long as the court deems its necessary or even indefinitely if they feel its appropriate

 

[paul onions]

I don’t know how to quote a previous thread, but regarding money laundering... a lot of charity foundations are created as tax shelters and covers for other shady business. You hire your family as part of the board receiving a salary, and all of a sudden you don’t have to pay taxes on that money. Travel in the name of the charity is a write off, etc. I’m not clear on the details of how it works, but some very fine people have been prosecuted or accused of this fairly recently.

SM’s probably started as a way to maximize the amount of money she was receiving for medical expenses, and a legit desire to help. But if they are putting down 1.5M cash for a house, they seem to be in a sweet spot for starting to look at ways to hoard even more wealth and having the capital to do so. I could make all kinds of speculations here regarding possible motive.

LE almost definitely has taken a hard look at that charity to see if everything passes the sniff test. I’m still in the camp of this being related to some kind of criminal activity.

MOO

 

[MassGuy]

Thank you - is there a specific time limit as to how long the warrants/affidavits are sealed or would they only be unsealed once an arrest/trial has taken place etc.? Sorry for the questions - just like learning new things

The Frazee case was spectacularly unusual, as the arrest affidavit wasn’t released until after the preliminary (probable cause) hearing.

That document is far more important than the search warrants, which provide the evidence that goes into the arrest affidavit.

So what I would expect to happen here, is that the arrest affidavit will be released at some point following an arrest, and well before the preliminary hearing, which is typically held a couple months later.

After the preliminary, I’d expect most of the search warrants to be uploaded to the court website, where we’ll have access to them.

So I’d expect this to go arrest, release of arrest affidavit, then preliminary hearing, then warrants.

BTW, the preliminary hearing is when the prosecution presents much of the evidence to a judge, and the judge decides if there is enough probable cause to move on to trial.

This hearing lays out the evidence in the affidavit, but also typically involves further revelations.

 

[fcavanaugh]

DBM

 

[Dave F.]

I dont know the first thing about these systems on Bobcats or what year and model he may have had or how they cannot be defeated or not.

I will say that for most construction people I have ever worked with, a sledge hammer or another hammer was always nearby and we used them to help fix/break all kinds of "mechanical things".

As I understand, defeating any part pf the Bobcat diagnostic system immobilizes the machine. I once bypassed a Ford keylock ignition with a pair a sheep shears, but I couldn't do that today. Remember, that GPS is there to protect the manufacturer more than so the owner knows where he/she has taken it. IMO

 

[noel leon]

My thoughts and questions are all about that dang BOBCAT.

1.Was it taken to job in Bloomfield by BM and towed back with BM upon return because of family emergency?

2.Was a BOBCAT needed for wall repair job on MD?

3.WTH was the BOBCAT not taken for testing by whomever?

4.Does BM have more than one BOBCAT?