Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #55 *ARREST*

[BeachSky]

I don't think she ever left the house either. She never went for a bike ride. I do think her last date alive was the 10th (or very late 9th)...only because he was so frantic/weird on that day.

SM’s brother said her FB night before Mother’s Day was odd...he says someone went on there at midnight & friended a lot of men SM age.
I wonder if BM was thinking about going with - she might of gone to meet a new FB guy friend on Mother’s Day and met with foul play....

MOO

 

[Auntie Cipation]

Daily Mail said the photos of the redhead at the Mexican restaurant were taken 2 months ago.

Thank you @osu !

 

[O.Incandenza]

That's what I don't understand. If there is a mandatory 'protection order' to protect the daughter's, who are potential trial witnesses at this time, how can the judge allow him communication with them now?

Because they requested it. The order is intended to prevent the defendant from intimidating or harassing witnesses and victims. If the daughters want to speak with him, then it's not harassment. Barring a father from speaking with his daughters against both of their wishes would be a pretty huge step. Especially since he's just accused of a crime now, not convicted.

IMO, when considering legal rules like this it's always worth imagining that the defendant is innocent. Not because I think BM is in this case, but because the rule has to apply to those cases as well. Would you want a parent who is wrongfully accused to be barred from speaking with their children for the (potentially) years leading up to trial? If the daughters didn't want contact with him that's one thing, but I think allowing it when they request it makes lots of sense. Especially if it's monitored/supervised.

 

[Mimi in London]

SM’s brother said her FB night before Mother’s Day was odd...he says someone went on there at midnight & friended a lot of men SM age.
I wonder if BM was thinking about going with - she might of gone to meet a new FB guy friend on Mother’s Day and met with foul play....

MOO

Absolutely. Projecting his philandering onto her. Pre-meditated killing, but poorly planned - he still hadn’t decided at that stage whether she was going to have been abducted by an old boyfriend, a new boyfriend, a rival contractor of his, a stranger or a stray cat.

ETA IMO

 

[O.Incandenza]

I'm thinking two things: the DA/Prosecutor is going on record that they are confident with the case they have against BM and are not opposed to unsealing the AA.

On the other hand, I think the defense is going to oppose everything they can -- including unsealing the AA. If BM is shopping for a defense team - this gives him a bit more time. And if he keeps his public defender, their opposing the unsealing of the AA will at least buy them another hearing which is one less week for the public to speculate about their client and the allegations against him.

The defense already started off their case by opposing the request for EMC, and want an order granting BM to wear street clothes whenever he appears in court.

That also seems like more confirmation that the DA doesn't think there were any accomplices in this case. If there were a suspect that they hadn't arrested yet, they'd probably try to keep the AA sealed to prevent them from being warned. Not that we really needed more confirmation since the Sheriff said it explicitly...

 

[skyedaze]

SM’s brother said her FB night before Mother’s Day was odd...he says someone went on there at midnight & friended a lot of men SM age.
I wonder if BM was thinking about going with - she might of gone to meet a new FB guy friend on Mother’s Day and met with foul play....

MOO

Well there you have it..the timing and lame idea/plan.

 

[Cindizzi]

I'm thinking two things: the DA/Prosecutor is going on record that they are confident with the case they have against BM and are not opposed to unsealing the AA.

On the other hand, I think the defense is going to oppose everything they can -- including unsealing the AA. If BM is shopping for a defense team - this gives him a bit more time. And if he keeps his public defender, their opposing the unsealing of the AA will at least buy them another hearing which is one less week for the public to speculate about their client and the allegations against him.

The defense already started off their case by opposing the request for EMC, and want an order granting BM to wear street clothes whenever he appears in court.

Found this from 2013 about BM’s lead Defense:



DENVER—The city of Salida (suh-LY’-duh) has agreed to pay a Colorado defense attorney $43,000 to settle a free speech lawsuit filed against one of its officers.

Lawyer Daniel Zettler says that during a boat race in 2011 in Salida, he shouted to a man who was being detained by officers, “Don’t forget your constitutional right to remain silent.”

Zettler says one officer arrested him on a charge of obstructing a police officer. The Salida Municipal Court later dismissed the charge. Zettler had argued he had a First Amendment right to advise the detained man.

Zettler’s attorney David Lane says the settlement money was paid Wednesday. Settlement documents indicate $17,350 of the amount went to Zettler’s attorneys.
Salida, lawyer settle free speech suit for $43,000 – The Denver Post

 

[kittythehare]

Sadly, BM's yet another narcissistic sociopath. I had no idea there are so many out there.

I'm not sure it's narcissism.
I see vanity.
I see control.
I see abuser.
I see bully, possibly psychopathic..
not sure everything is narcissism.

 

[al66pine]

Paraphrased from my earlier post: if BM asked fire chief to corroborate false alibi (that BM was in Denver that day or weekend for FF training or exercise), could that be the basis for the Attempt to Influence offense?

Yes -- that was one of my thoughts on the charge.

@Seattle1 Thx for your response. Care to share any of your other thoughts on this? TiA.

 

[Optics]

I'm sorry if i've missed this being addressed. Would someone elucidate why he would be awarded a public defender? I am no expert on the criteria utilized to determine qualification but I thought is was well below what we see as BM's assets. The PP home just sold for 1.62 with no mortgage. Am I missing something?

I feel it's simply for him to buy time to secure a criminal lawyer....who will aptly take any xtra monies he's received from his property/house sales I would imagine.

 

[Optics]

My goodness, is housing scarce in that part of CO or does Barry just have a liking for incredibly ugly houses?

Personally, I feel his been 'positioning' himself in the event of an arrest. Liquidating his properties in the event he needs a lawyer (which he will, his assets are too high to qualify for court appt lawyer). Why does the man go from a million dollar house to a condo? I feel, he just wanted to make sure he has an 'adequate' home for his 2 daughters. I don't feel he ever had any intention of sticking around and planned in his head to 'disappear'. The little bit of humanity he had was to snap up a basic condo for his 2 daughters in case he was arrested. Will be interesting to see if the monies he will have accumulated from property sales has disappeared to an off shore account or something of that nature.

 

[Ontario Mom]

https://twitter.com/cocourts/status/1390718104510992386?s=21
The arrest affidavit in 21CR78, People v. Morphew, to remain sealed until at least 5/13. courts.state.co.us/userfiles/file… #CoLaw

"Anticipating requests from the media and the public to unseal and release the affidavit, the Court requested that each side give their position on the issue. The prosecution did not object to unsealing the affidavit. Defense counsel requested time to read and review the affidavit before stating their position. This was a reasonable request considering the length of the affidavit."

Well... this should be quite interesting.

 

[jakat]

My guess is the evening of the 8th. I think BM left the job site early because he knew he had some serious cleaning to do and didn’t want the possibility of someone coming to his house when he was not home. I think he also needed to manage the SM is still alive thing via communications on her phone. But once he was home, he also realized he needed to be seen out that afternoon to build somewhat of an alibi for Saturday afternoon.

But what day would Suzanne and her friend in Indiana have had their conversation/text. Andy said it was Saturday around 9pm, but then said 8:30 or 9am. I wish we knew for sure which day and what time it was.

 

[Seattle1]

@Seattle1 @Alethea
I read or heard somewhere that Prosecutors have not formally filed the charges yet. Now I see this article that says the Judge gave them 10 days to do so.
Is this normal SOP ?
Colorado man suspected in wife's death appears in court

Murphy gave prosecutors 10 days to file charges against Morphew. He is scheduled to appear in court again on May 27.

Yes, that is correct. Barry's first appearance on Thursday was an Advisement Hearing which is typically held the day following an arrest. Judge Murphy advised BM that he was under investigation. I believe his hearing on 5/27 will be a 2nd Advisement Hearing.

I'll link the 8 step process typical for criminal charges in Colorado below and what we should expect for BM's case.

GUIDE TO THE COLORADO CRIMINAL JUSTICE SYSTEM

The Process:

1. Arrest:
An officer may arrest a person when probable cause exists to believe he/she
committed the offense. A police officer does not need a warrant to arrest someone he
believes committed a crime.

2. 1st Advisement:
This is the first time the accused is brought into court. During this hearing,
the judge will advise the accused that they are under “investigation”. This means the District
Attorney has not filed charges yet. The Judge will advise the accused what crime they are
being investigated for committing. Bond will be set on all cases EXCEPT those involving
investigations for homicides.

3. 2nd Advisement:
During this hearing, the judge will advise the accused what crime or crimes they have been charged with committing. The judge may also hear arguments to reduce bond.

4. Bond Hearing:
A hearing in which the accused may ask the court to reduce the set amount of bond. In Colorado, capital offenses are not bailable (when proof is evident or presumption is great). The defendant remains in custody until guilt or innocence determined.

5. Preliminary Hearing:
At this hearing, the District Attorney will be required to present sufficient evidence to prove that it is more likely than not that the accused committed the crime or crimes he/she is charged with committing. The District Attorney is not required to put on all of their evidence or even the testimony of the victim. The court will allow statements of witnesses to come into evidence through a detective or other police officer. The accused will not testify. With few exceptions, only persons charged with a class 1, 2, or 3 felony or who are in jail on a class 4, 5, or 6 are entitled to this hearing. Any person may waive their right to a preliminary hearing. Waiving the hearing is not unusual and is done to keep open a plea bargain. By waiving a preliminary hearing, the accused does not waive any other of his/her rights.

[..]

https://www.coloradodefenders.us/wp...e-to-the-colorado-criminal-justice-system.pdf
Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

 

[Whiteorchids]

If I were them, that is definitely what I'd be doing, with the intent of filing a wrongful death suit so that at least a substantial portion of those assets could be set aside for the daughters' needs, including college costs for the younger (and possibly the older if she plans to pursue any post-graduate degrees).

Unfortunately, I think a "wrongful death" civil action is generally put on the back burner until the criminal proceedings occur, but perhaps some action related to obligations under guardianship could be pursued, so half of the marital assets could be frozen. Just as the law has established that life insurance proceeds cannot be used to benefit the murderer of the insured-deceased, so it seems that assets gained through guardianship should not be used to benefit the person accused of the "incapacitated's" murder.

Derek Chauvin civil case was awarded before his criminal trial 28 million awarded so why can’t Suzanne's family go forward with this as well?

 

[Janeumayer]

"Anticipating requests from the media and the public to unseal and release the affidavit, the Court requested that each side give their position on the issue. The prosecution did not object to unsealing the affidavit. Defense counsel requested time to read and review the affidavit before stating their position. This was a reasonable request considering the length of the affidavit."

Well... this should be quite interesting.

Yeah, I have a feeling it will beat Stauch’s 28-page record. The amount of search warrants alone is incredible to me. Barry is fried.

 

[Murphy1950]

But what day would Suzanne and her friend in Indiana have had their conversation/text. Andy said it was Saturday around 9pm, but then said 8:30 or 9am. I wish we knew for sure which day and what time it was.

That's the big question. We've never had a straight date and time IMO. I do believe she will be the KEY to this case. It is MOO she did the birthday YouTube for Suzanne's 50th birthday from the minute I saw that video...absolutely made with love, beautifully done.

 

[Lyanna]

Link for (future) court documents for People of the State of Colorado vs. Barry Morphew:

Colorado Judicial Branch - Chaffee - Cases of Interest - People of the State of Colorado v. Barry Lee Morphew

Thanks, catching up, only just seen - prosecution happy to unseal - I hope the defence is too.

 

[Diddian]

Noting your comment about him possibly planning to leave the country.

It seems so very inappropriate for him to have taken the girls to Mexico, especially during these Covid shutdowns, after their mother's disappearance. I have to wonder if we was looking for a place to move to and possibly bought something while down there.

If so, I hope LE was on top of that and has secured the evidence.

HLN interview with Barry’s next door neighbor. Does he mean Barry donated all of the landscaping work around their community for free? Is this like when MG said Barry put in a beach at the river side construction site for free without the homeowner even knowing or asking him to?

Is that why the townhouse is now all taped up with crime scene tape? Because Barry liked to move earth around in their neighborhood?


“Nothing out of the ordinary. He hunted, he had his trucks, he did a lot of landscaping work..that was his profession that he told me. And so he’d do work around the neighborhood..this building behind us..so he’s done a lot of work...a lot of contributions to the projects to the homes here. Yeah nothing that would throw me off...”

https://twitter.com/hlntv/status/1390652753266061312?s=21

JMHO

Ugh, like Bruce McArthur, the serial murderer-landscaper in Canada who buried his victims' remains in planters on client properties.

 

[Trackergd]

I thought it looked like a rolled up carpet as well. Might want to luminol that. Just in case.

Bolding by me. Thanks @Ontario Mom, now I need to clean a mouthful of Pepsi out of my keyboard...