Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #60 *ARREST*

[Error505]

NEWS ARTICLE
Barry Morphew was back in Colorado court on Thursday in connection with chargesrelated to the disappearance and presumed death of his wife, Suzanne, who has not been seen for more than a year.

Morphew, 53, wore another orange and grey prison jumpsuit and a coronavirus facemask as he appeared before the judge for his Thursday evening status conference hearing, where he was represented by his newly announced attorneys, Iris Eytan and Dru Nielsen.

The hearing was broadcast virtually, but reporters were not allowed to record sound or images. Both the defense team and prosecutors were physically present before the judge.

The lawyers primarily addressed a number of discovery issues, preservation of evidence and other motions.

The defense pressed for the prosecution to move quickly to hand over evidence in the case.

"We understand they have administrative issues, everyone does," Eytan said. "It's been 21 days…We ask that discovery be produced immediately, not in the middle of next week."

Prosecutors countered that they have three weeks to hand over said evidence under state law.

Judge Patrick W. Murphy asked how long the prosecution still needed and Deputy District Attorney Jeff Lindsey said he expected to be able to hand it over by next Wednesday. The judge ordered it be handed over by close of business that day.

Murphy also agreed to a defense request to keep the warrants sealed, leaving many details about how investigators broke the case still out of the public view.

One notable point of disagreement came when Eytan asked for prosecutors to ensure police emails and text messages connected to the case were preserved, which the state argued was not feasible. Murphy did not immediately hand down a decision on that motion.

Morphew sat with his hands cuffed in in his lap, slouching at times or squaring his shoulders and leaning in at others.

The next hearing was scheduled for Monday, Aug. 9.

Thursday marked Morphew’s first time in court since prosecutors announced additional charges against the embattled father of two. On May 19, Chaffee County prosecutors added two felonies, tampering with a deceased human body and possession of a dangerous weapon, to his previous list of charges: first-degree murder after deliberation, tampering with physical evidence and attempt to influence a public servant.

Morphew has been held at the Chaffee County Detention Center without bond since his May 5 arrest. He first appeared in court on May 6, but did not have the opportunity to announce a plea at the time.

Details surrounding the evidence compiled in the ongoing case have remained under seal since the arrest, but District Attorney Linda Stanley said earlier this month that her office and investigators felt they have gathered enough to charge Morphew.

The only information provided regarding the pair of new charges were outlined in an amended complaint released on May 19. Regarding the weapon possession charge, court papers allege Morphew possessed a short rifle "between and including My 9, 2020 and March 4, 2021."

As for the charge of tampering with a deceased human body, Morphew "destroyed, mutilated, concealed, removed, or altered a human body, part of a human body, or human remains with intent to impair its or their appearance or availability," court papers state. Morphew did so between May 9, 2020 and May 10, 2020, "believing that an official proceeding was pending, in progress, or about to be instituted, and acting without legal right or authority," the document states.

Following his arrest, officials also accused Morphew of submitting Suzanne’s completed 2020 Presidential Election ballot in October 2020, despite the fact that she had been missing since May 10, 2020, according to an arrest warrant that was first obtained by FOX 21 and pertains to voter fraud allegations.

Since news of Morphew’s long-awaited arrest, Suzanne’s relatives and friends have spoken up about their concerns regarding Barry, or their sister’s safety.
Barry Morphew's new defense team tangles with prosecutors in pretrial murder hearing

 

[Error505]

Some quick thoughts (IMHO) after watching the hearing. Please let me know if I got anything wrong here, as I am not a legal expert and my hearing is not great.

• More than 1000 people were watching via WebEx.
• The defense attorneys tried, unsuccessfully, to make things more difficult for the prosecution by making numerous requests which seemed a bit unreasonable, including (1) requiring the prosecution to provide ALL of LE's and other witnesses texts and emails to the defense (I think), (2) to actively seek out any potentially exculpatory information or other information that might cast BM in a positive light, (3) to provide all of the discovery documents by tomorrow, etc. etc. The defense seemed to get shot down every time by the judge, though.
• When the defense asked that the prosecution turn over the discovery documents ASAP, they attempted to justify it by saying BM was "sitting in a cage", hence the need for speed.
• The judge seemed very reasonable, logical, competent to me, and had a sense of humor too ("we might be out here in the sticks, but...")
• There is apparently ~10,000 pages of discovery material, and "boatloads" of information. The prosecution plans to release this information Wednesday (which is actually much faster than legally required, but not as fast as the defense wanted it).
• The next hearings will be Aug. 9 and 10 and Aug. 23 and 24.
• The judge will be reviewing the pleadings from the prosecution and from the media to release the AA. Based on the pleadings, he will then decide if the AA should release the AA or if a hearing is needed prior to releasing the AA. If a hearing is needed, it sounds like it might take some time before any movement would occur in terms of the release of the AA because public notice of the hearing would be required.
• (As an aside, I was a little surprised by the casual nature of some of the comments that were made in the chat window of the WebEx... it's not entertainment, it's a pretty serious event).

All MOO here, and welcome corrections.

Excellent summation. I can’t listen and take notes at the same time anymore. My attention span sux!

 

[Hoss569]

I’m on the fence with how he killed SM. The gun charge has me really intrigued, along with the dates, which coincide with the closing of PP home.

What if investigators found the gun on PP property, and it had her blood/tissue evidence on the weapon? That would be pretty compelling evidence she’s deceased and how.
COUNT 4-POSSESSION OF A DANGEROUS WEAPON (F5)
Between and including May 9, 2020 and March 4, 2021, Barry Lee Morphew unlawfully, feloniously, and knowingly possessed a dangerous weapon, namely: short rifle; in violation of section 18-12-102(3), C.R.S.

just MOO thinking outloud

If the weapon was used, would that may be connected to the "tampering with a deceased human body" charge. Shot and then moved, I guess would be my simple explanation.

 

[Cassady]

Is a 129 page AA lengthy in your professional opinion, if you don’t mind me asking.

In a serious case with multiple SW's and nearly a year's worth of investigations, not really.

Also affidavits supporting SW's and AW's are not evidence. They often refer to potential evidence. Yet, that evidence has not been subject to scrutiny and may or may not ever be introduced at trial. Thus, the defense will argue its disclosure will potentially taint the jury.

It will be interesting to see how much the defense cites to social media and internet coverage of the case already in their motion to keep the AA sealed. If they do, they will likely focus on rumors and stories about the case on the net, especially any that are not part governments theory of the case. They may argue that releasing the AA will lead to more rumors and social media frenzy, could decimate info that will not be evidence at trial and thus reducing a chance for a fair and impartial jury.

This will be a tough decision for the Judge...IMO.

 

[Error505]

Does anyone know if the daughters went to any vigils for their mom? We know Barry didn’t. I believe there were a few and that Christmas tree event I remember seeing a tree with a few of Suzannes photos posted off the internet. There was a tree memorial for each family who had a lost loved one.

To my knowledge, no they have not. I’ve watched the different vigils on YouTube, and have never seen where they were in attendance. MOO
Don’t want to sleuth them and I don’t hold it against them. They were living with BM

 

[Error505]

In a serious case with multiple SW's and nearly a year's worth of investigations, not really.

Also affidavits supporting SW's and AW's are not evidence. They often refer to potential evidence. Yet, that evidence has not been subject to scrutiny and may or may not ever be introduced at trial. Thus, the defense will argue its disclosure will potentially taint the jury.

It will be interesting to see how much the defense cites to social media and internet coverage of the case already in their motion to keep the AA sealed. If they do, they will likely focus on rumors and stories about the case on the net, especially any that are not part governments theory of the case. They may argue that releasing the AA will lead to more rumors and social media frenzy, could decimate info that will not be evidence at trial and thus reducing a chance for a fair and impartial jury.

This will be a tough decision for the Judge...IMO.

Thank you @Cassady! I’m wondering if TD’s interview of BM on YouTube will make it in as evidence. Wait and see I suppose. EBM clarification

 

[Error505]

If the weapon was used, would that may be connected to the "tampering with a deceased human body" charge. Shot and then moved, I guess would be my simple explanation.

I think yes, but I’m wondering if they have decided he buried her in one place, then dug her up and moved her. MOO

 

[Cassady]

Thank you @Cassady! I’m wondering if TD’s interview of BM on YouTube will make it in as evidence. Wait and see I suppose. EBM clarification

I would lean towards the statement being admissible. There are some arguments to exclude, but the defense may not object.

It will be a tough strategical decision by the prosecutor as whether or not they seek to admit that statement...IMO.

 

[TIGER0822]

Thank you all for the updates. They were very appreciated.

 

[TKG]

I think I saw your username on there...

the chat going on the whole time was super distracting and I wasn’t sure if I could turn it off.

I was in the virtual courtroom. I did not have my video or mic enabled. I wasn't sure what to expect but I was interested in the undertones and the defense team.

Overall, I thought the judge was very good. Professional and not easily rattled. Personally, I felt like the lead prosecutor was less than dynamic and the two defense attorneys were trying to show off a bit..

What do I know? I'm just a pilot with a soft spot for justice, SM and and even bigger desire for BM to face the music for what he has done.

I have faith in the system but it doesn't always mean you have faith in all of the players.

MOO

 

[TKG]

Ita.
His release on bail would be dangerous for many people.
If he has read through the AA ; he'll know who 'talked'.
Ugh.
And who cares if he's 'in a cage' ?
At least he's alive.
Not like it's a cage at all, but a room with bars on the door.

His loved ones can see him, and talk to or visit him.
Suzanne was robbed of everything.
MOO

Oh and to boot, he is served meals. That statement of the being in the cage really set the tone for their outlook. They are worried for him? In a cage? They are working for his "release".

 

[Deleted member 222031]

Oh and to boot, he is served meals. That statement of the being in the cage really set the tone for their outlook. They are worried for him? In a cage? They are working for his "release".

Commandment #5: “Thou shalt not kill.” He is right where he deserves to be. The AA will be hard to overcome even by these zealous young defense attorneys. Evidence of intent will be damning, I believe.

 

[TruthIsStranger]

Yes, she said she didn't even want to accidently forward it to anyone else. She also said LE was able to recover it. IMO

I'm glad that law enforcement was able to recover it. Sometimes this isn't possible though. Imagine what a loss it would have been if it wasn't recovered. It made me think that if I ever received a text like that, I will take a screenshot of it, and put it in one of those secret phone repositories that you can put a password on. Then I would delete the message. There's little danger that you would forward something that's not even in your phone anymore, but at least you have it. If not it's your word against a perpetrators. Of course, mm didn't know what was going to happen, and that it might be needed in a criminal case.

 

[Spartygirl]

I don't get it either. Does that mean they didn't have TV, either? I get my wifi from the cable company...

We get our Wi-fi from a cable company also.
We used to have the cable service, but got so darn expensive so we cancelled cable, kept internet/Wi-Fi with them and found a streaming network for $20 a month with over 2,000 channels including all the premium ones and unlimited movies and old TV series.
It runs off the internet thru our TV -- so while we use a "Cable" company, we only use their wi-fi/internet services.

Now the Morphews, with multiple satellite dishes, may have had wifi/internet and also tv services like cable thru the dish networks. That is what our neighbor has with his satellite dish..it is his cable and internet services.

 

[Deleted member 222031]

We get our Wi-fi from a cable company also.
We used to have the cable service, but got so darn expensive so we cancelled cable, kept internet/Wi-Fi with them and found a streaming network for $20 a month with over 2,000 channels including all the premium ones and unlimited movies and old TV series.
It runs off the internet thru our TV -- so while we use a "Cable" company, we only use their wi-fi/internet services.

Now the Morphews, with multiple satellite dishes, may have had wifi/internet and also tv services like cable thru the dish networks. That is what our neighbor has with his satellite dish..it is his cable and internet services.

Please share the name of that streaming network or PM me. Thanks!

 

[Knox]

IMO, most jury trials are won or lost long before the jury is picked!

Can you expound on this? Thanks!

 

[Cindizzi]

Suzanne Morphew Murder: Husband Barry Morphew Appears in Court

Morphew, who is now represented by the Eytan Neilson firm, sat shackled, quietly in the court room. Unlike his initial appearance at the beginning of the month, there were no family members present in the courtroom. There were however, more than 1,000 people who attended the hearing virtually, including family members of Suzanne Morphew.

While Thursday’s hearing was a simple status conference — one thing was clear, the year-long investigation produced an enormous amount of documentation, or discovery — something Morphew’s defense team said they had yet to receive from prosecutors.

“Mr. Morphew has been sitting in a jail cell, a cage while this is going on,” said attorney Iris Eytan.

While prosecutors were within the appropriate timeframe to deliver the discovery, the judge order the team make it available to the defense by the end of the day Wednesday. The discovery includes more than 10,000 pages of police reports, search warrants and other materials.

Judge Patrick Murphy was expected to decide on the arrest affidavit, which is still sealed — but he opted to wait. He said the court will first decide if a hearing is necessary to make a decision.

“I can either set a hearing or make decision based upon the pleadings,” said Judge Murphy.

A majority of the status conference was focused on ensuring the preservation of evidence, from biological evidence to text messages to witness interviews.

At one point, Eytan, wanting to ensure future witness interviews would be recorded, told the court that her office could provide a tape recorder if the sheriff’s office didn’t have the financial resources.

“We might be in the sticks out here…” the judge began, implying they could likely afford a tape recorder.

Due to an overloaded docket, the court decided the next hearing for Morphew will be a preliminary hearing — combined with proof evident/presumption great. The judge will decide if there is enough evidence to proceed with a trial.

The hearings are set for four days: Monday, Aug. 9-10. They will resume Aug. 23.

 

[DeDee]

NEWS ARTICLE
Barry Morphew was back in Colorado court on Thursday in connection with chargesrelated to the disappearance and presumed death of his wife, Suzanne, who has not been seen for more than a year.

Morphew, 53, wore another orange and grey prison jumpsuit and a coronavirus facemask as he appeared before the judge for his Thursday evening status conference hearing, where he was represented by his newly announced attorneys, Iris Eytan and Dru Nielsen.

The hearing was broadcast virtually, but reporters were not allowed to record sound or images. Both the defense team and prosecutors were physically present before the judge.

The lawyers primarily addressed a number of discovery issues, preservation of evidence and other motions.

The defense pressed for the prosecution to move quickly to hand over evidence in the case.

"We understand they have administrative issues, everyone does," Eytan said. "It's been 21 days…We ask that discovery be produced immediately, not in the middle of next week."

Prosecutors countered that they have three weeks to hand over said evidence under state law.

Judge Patrick W. Murphy asked how long the prosecution still needed and Deputy District Attorney Jeff Lindsey said he expected to be able to hand it over by next Wednesday. The judge ordered it be handed over by close of business that day.

Murphy also agreed to a defense request to keep the warrants sealed, leaving many details about how investigators broke the case still out of the public view.

One notable point of disagreement came when Eytan asked for prosecutors to ensure police emails and text messages connected to the case were preserved, which the state argued was not feasible. Murphy did not immediately hand down a decision on that motion.

Morphew sat with his hands cuffed in in his lap, slouching at times or squaring his shoulders and leaning in at others.

The next hearing was scheduled for Monday, Aug. 9.

Thursday marked Morphew’s first time in court since prosecutors announced additional charges against the embattled father of two. On May 19, Chaffee County prosecutors added two felonies, tampering with a deceased human body and possession of a dangerous weapon, to his previous list of charges: first-degree murder after deliberation, tampering with physical evidence and attempt to influence a public servant.

Morphew has been held at the Chaffee County Detention Center without bond since his May 5 arrest. He first appeared in court on May 6, but did not have the opportunity to announce a plea at the time.

Details surrounding the evidence compiled in the ongoing case have remained under seal since the arrest, but District Attorney Linda Stanley said earlier this month that her office and investigators felt they have gathered enough to charge Morphew.

The only information provided regarding the pair of new charges were outlined in an amended complaint released on May 19. Regarding the weapon possession charge, court papers allege Morphew possessed a short rifle "between and including My 9, 2020 and March 4, 2021."

As for the charge of tampering with a deceased human body, Morphew "destroyed, mutilated, concealed, removed, or altered a human body, part of a human body, or human remains with intent to impair its or their appearance or availability," court papers state. Morphew did so between May 9, 2020 and May 10, 2020, "believing that an official proceeding was pending, in progress, or about to be instituted, and acting without legal right or authority," the document states.

Following his arrest, officials also accused Morphew of submitting Suzanne’s completed 2020 Presidential Election ballot in October 2020, despite the fact that she had been missing since May 10, 2020, according to an arrest warrant that was first obtained by FOX 21 and pertains to voter fraud allegations.

Since news of Morphew’s long-awaited arrest, Suzanne’s relatives and friends have spoken up about their concerns regarding Barry, or their sister’s safety.
Barry Morphew's new defense team tangles with prosecutors in pretrial murder hearing

As life goes sometimes, I had to miss the hearing today.

From the article, what is this portion pertaining to:

"Morphew did so between May 9, 2020 and May 10, 2020, "believing that an official proceeding was pending, in progress, or about to be instituted, and acting without legal right or authority," the document states."

I'd read this portion RE: "official proceeding was pending" a while back yet had forgotten to inquire about its specific meaning.
Humor me if it's been discussed ad nauseam, please.
Speculations, opinions and facts would be appreciated from any or everyone. TIA

 

[Hoss569]

Oh and to boot, he is served meals. That statement of the being in the cage really set the tone for their outlook. They are worried for him? In a cage? They are working for his "release".

It seemed to me like their was a moment of silence when that comment was made tho, it did seem to set their tone with me as well. Good point.

 

[SouthAussie]

No mention of a bail hearing though yet? Maybe that application will come separately from his attorneys. Hopefully the court schedule is full for quite a while.