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

[DizzyB]

When LE had search warrants for the PP house did it allow them to search anywhere or were they restricted in where and what they were permitted to search?

Warrants are specific.

 

[Lilypad13]

Agree, Judge Murphy stated May 27 was the first appearance for BM since being formally charged. Prosecution has 21 days from yesterday to comply, but will turnover everything by Wednesday, Monday is a legal holiday. Prosecution is well within the required timeframe for turning over discovery.

How’s the cold oatmeal this morning, BM? You looked a little out of sorts yesterday! Hope your “cage” gets more uncomfortable every.single.day!
MOO

Lol He sure did look out of sorts and depressed all slouchy and just way different body language than we are used to seeing from him. I’m sure being in jail and knowing what is in the AA has taken a toll. And facing his daughters wondering how long they will continue to believe his bs. The amount of stress and dread he must be feeling...well if he is able to feel any emotion at all. He may not have empathy for anyone else but don’t narcissists always care about themselves? If he has given up mentally why not give up the fight, confess, help bring Suzanne’s remains home (if there even are any ) and save all the legal fee money for his daughters and mother? Maybe he isn’t ready to surrender and beg for mercy yet but he sure has lost his *advertiser censored* of the walk attitude! I hope they break him. And there is no doubt in my mind if he got out of jail on bond he would risk fleeing because he’s got nothing left to lose. I wouldn’t be surprised if he has a bug out bag and money hidden somewhere ready to go. And if he couldn’t get away I think he would shoot himself before going back to prison. He wouldn’t go out Fotis Dulos style by going to sleep breathing carbon monoxide. Nope no sissy suicide for Barry. I think he would pick a more manly way and either shoot himself in the head or suicide by police. Oh my gosh why am I even thinking these morbid thoughts right now? Sorry

I wanted to comment on the discovery deadline controversy. Maybe it’s MON as coined by @Barry above (our good Barry, not BM) but why wouldn’t the due date be be made perfectly clear before yesterday? Why did the Judge sort of have to think it through out loud before agreeing with the prosecution? That’s kind of important so it just seems like a deadline would have already been solidified and put in writing at the first hearing on May 6th? Why wouldn’t Judge Murphy have said the first appearance is scheduled for May 27, 2021 at 4 p.m. and, therefore, the deadline for discovery to be turned over to the defense will be 21 days later on or before June 16, 2021? Wouldn’t Barry’s two new big time defense attorneys want to get that deadline nailed down as soon as they took over? They need the discovery to proceed with their defense so knowing when it’s due seems like a priority. But IANAL and maybe they just had their hands full reading the AA and getting to know their new client and wading through the muck of all his lies and conflicting information. It must be a daunting task trying to figure out what they have to work with and how in the world they are going to be able to get him off. Putting LE on trial might be the only play.

I don’t believe they were actually sitting there truly believing the prosecution had missed the discovery deadline. I have a feeling that neither side will want to make things easy for the other. They may do it in a professional manner but why not aggravate and frustrate their opponent any chance they get? It’s a chess game IMO and watching the attorneys battle this out will be fascinating. I’m thinking the prosecution was playing it cool and wants the defense to underestimate them. I still really like Judge Murphy and look forward to seeing how he does things. He seemed very practical, fair and common sense yesterday when he was ruling on all those issues. If something was ridiculous he saw through it, gave his reason and said it was denied. Many of the requests seemed to be premature or trying to cover any possible situation that may arise and he just basically said if and when this comes up you can file a motion and I’ll rule on it then. And he successfully got them to compromise on the discovery deadline which is now June 2nd so in a way that was a small victory for the defense because even though they acted like they were getting it late, I still think they know they are getting it early now. All MOO and speculation & MON (lol thanks Barry love that!)

 

[Skigh]

Warrants are specific.

Thanks. So it is possible that the new owners of the PP house could have given LE unrestricted access to search or found something themselves.

 

[Spartygirl]

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

My first thought was-- it is the rifle/gun he was toting around his property when Andy and searchers were around there.

Remember-- BM was on his property, like he was guarding it or something, with a rifle/gun

""Sep 24, 2020 — Andy said on PE this evening that a searcher ran into a man with a rifle on his back during the search today. That man was one Barry Morphew, ...

JMO

 

[Puzzles]

I have a feeling any one of our sleuth family could answer this question, except me.

How might the Arrest Affidavit differ from the Discovery?

 

[MrsWatson]

One Possible Scenario
I think BM may be sticking to his story with his attorneys. Said good-bye at 5 a.m., she must have gone on a bike ride. Bike was mis-handled when it was found. Everything else, including his inconsistencies in the AA, he says, I don't know. The only defense that leaves is LE incompetence, which would imply every single one of the agencies involved screwed up. That's a huge mountain for the defense to climb. I think his ego is so enormous, he is so arrogant, he thinks he's going to get away with it. He always has in the past, and we likely have no idea of the scope of things he's done over the years. Except this time, he doesn't have Suzanne fighting his corner, where her genuine goodness was unmistakable. We all know that one couple, one is just a wonderful person, and the other is just unlikable and nearly unbearable for whatever reason. You put up with one because of the other.

I wonder how many people have given BM a pass over the last 26 years, because of Suzanne?

MOO

ETA: I can envision BM telling his attorneys, "Hey, I paid you x amount, you get me acquitted. That's your job, not mine."

 

[Error505]

One last random thought on that Salida job FBI dig site. The area the FBI dug was pretty finite and deep if I recall. I wonder if there is any significance to that and the Auger attachment theory others have posted as well as BM doing a mechanical thing to his bobcat and the neighbor hearing loud noise at 11:30pm that Saturday.

You can get a good look at the Salida job site. I found video that gives a decent view of concrete dug up. Also a Daily Mail article always good for photos.
Suzanne Morphew's husband was paid to lay dirt at the building site Colorado cops are searching | Daily Mail Online

MOO

 

[Momofthreeboys]

Just thinking over the hearing yesterday. With BM’s next court dates in August, does that mean his attorneys cannot ask for bail until then? Don’t forget guys, he’s stuck in a cage! So sad. I’m still adamant he won’t be offered bail, but just curious at what point his attorneys can ask for it.

Despite knowing that the court process moves slowly (well, slower than I’d like), I find myself slightly annoyed or disappointed every time. It’s just more and more waiting. However, trying to remind myself that at least this time, we will be waiting while BM is behind bars, instead of enjoying his undeserved freedom.

As I am still somewhat new here, I just want to express my appreciation for having WS available as an outlet, and as a place where respectful discussions can be held. I enjoy reading everyone’s posts and different ideas, and I only wish I had joined sooner. Throwing ideas around ... by myself... wasn’t very productive or engaging.

In my opinion there is no "loss" to Barry for staying in jail. Even IF he is acquitted of the major charges there could be jail time connected to some of the lesser charges and every day served goes against that potential future sentence. If they ask and get bond at the preliminary these days, I think, still count.

 

[Momofthreeboys]

​

After the slight disappointment of not knowing when the AA would be unsealed,it was a huge bonus to know they do have biological evidence. Would love to know more details about where and when it was found. Does it fit in with the tampering with a body and/or weapon charge? Have they had the evidence for a while or was it quite recently discovered? I wonder if LE still have items being forensically tested.

I missed the hearings yesterday, how do we know they have biological evidence? Or was the prosecution simply expressing IF such evidence exists they also want to test? Or was that potentially in the arrest warrant? The only documents I'm aware the prosecution has is the arrest avadavat that the original public defender got on the thumb drive after the original hearing.

 

[Error505]

Just thinking over the hearing yesterday. With BM’s next court dates in August, does that mean his attorneys cannot ask for bail until then? Don’t forget guys, he’s stuck in a cage! So sad. I’m still adamant he won’t be offered bail, but just curious at what point his attorneys can ask for it.

Despite knowing that the court process moves slowly (well, slower than I’d like), I find myself slightly annoyed or disappointed every time. It’s just more and more waiting. However, trying to remind myself that at least this time, we will be waiting while BM is behind bars, instead of enjoying his undeserved freedom.

As I am still somewhat new here, I just want to express my appreciation for having WS available as an outlet, and as a place where respectful discussions can be held. I enjoy reading everyone’s posts and different ideas, and I only wish I had joined sooner. Throwing ideas around ... by myself... wasn’t very productive or engaging.

Very nice post, @LaineyJ I agree and certainly appreciate the mutual respect shown on WS to the members. It’s refreshing when looking back on the atmosphere so many times in Social media groups, etc. MOO

 

[LietKynes]

I would love to listen to the defense lawyers Eytan and Nielsen speaking with Barry.
Or trying to do so.
Wonder if he'll fire them if they don't represent him in the manner that they're instructed to -- by Barry himself ?
I can imagine him saying , "Listen. This is what you're going to say. Do as you're told."
Although by now his bluster has been dealt a low blow.
Pity.

Thus far they seem to be in a 'coddling' mode, i.e., describing his incarceration accommodations as a "cage".

I'm interested in seeing if they're (defense) going to go at the "LE messed up " angle ?
Almost wish they would, as LE have the goods in an enormous amount.
And about that bike.
One would assume Eytan and Nielsen would leave 'Barry's bike theory' alone -- they have to be intelligent enough to see it for what it is.
The worst of red herrings possible.

LE initially thought they were dealing with a missing lady who had maybe been attacked by a mountain lion or fallen off her bike and got herself into a creek.
Barry was the one (& whomever he instructed) who pushed the : 'crime scene was messed up by LE ' , theory.
It must have perked up LE's antenna that something was amiss, the first day.
Of course they didn't say anything, they've been remarkably silent.
Imo.

 

[Murphy1950]

I’m no attorney. That said, it’s my understanding the Defense wants to look over discovery the Prosecution has, will probably try to initially poke some holes in it hoping to ask for a bail hearing for the caged guy. Otherwise, he’ll stay in his cage until next court date August 9. Defense’s first goal will be to try getting him bailed out. I’m sure BM has told them how bad LE has screwed up the evidence.
BM: “Listen, let me tell you how hard they’ve been trying to frame me. Ya know, the FBI lies too! They’re in cahoots with the meth heads!”

sorry, couldn’t help myself!
Knowledgeable people, please correct me if I’m mistaken! Tia
MOO

Just excellent @Error505, One small correction, if I may...

BM: “Listen, let me tell you how hard they’ve been trying to frame us. Ya know, the FBI lies too! They’re in cahoots with the meth heads!”

 

[waldojabba]

BBM You’re probably 100% correct. I won’t disagree with that.

The preliminary hearing is the one scheduled for aug 9 th There can be no bond until the end of prelim hearing if at all - is my understanding IMO

 

[Error505]

I missed the hearings yesterday, how do we know they have biological evidence? Or was the prosecution simply expressing IF such evidence exists they also want to test? Or was that potentially in the arrest warrant? The only documents I'm aware the prosecution has is the arrest avadavat that the original public defender got on the thumb drive after the original hearing.

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

The Defense has read the arrest affidavit, which lays out the evidence against him. They are now waiting on the evidence itself. There are no recordings of yesterday’s proceedings, best I can offer is the news article referring to what was discussed in court.
Suzanne Morphew Murder: Husband Barry Morphew Appears in Court
MOO
EBM clarification

 

[Lilypad13]

Y'all please excuse me, but I was one of the goofballs who couldn't turn her camera off. Lol. (I think I finally did get it turned off, but I was panicking). I'm the type of person who leaves a piece of black tape over my camera at all times, so not sure why I even had that thing on. I was unsure if perhaps it was a "rule" that you had to show your face and your real name. But, now I know!

Pay very close attention to his body language. Every time the prosecutor spoke, Barry leaned forward and looked over at him = control mechanism. Hopefully, in trial, jurors will pick that up.

Takeaways from the hearing:

1. Defense is going to put Govt. and PD on trial.

2. Release of search warrant will remain sealed= Code for change of venue.

3. Wanting all messages retained and admissible = laying foundation for appellate court.

4. Preserving biological evidence= they have some type of forensic fluids that will nail Barry.

5. Evidentiary discovery of any dishonesty, in relationship to prosecutorial witnesses = all the meth-heads did it, not Barry.

6. Barry will be painted as the victim.

7. "Client is sitting in a cage." = poor choice of words or correct choice of words for a hunter? Or was that a strategy to diffuse/diminish the hunter idea? VERY interesting choice of words to use in a courtroom. Barry is not in a cage, but in a humane cell, unlike Suzanne.

RSBM Great post @swedeheart! I didn’t even notice Barry leaning over and staring at the prosecutor. That is very interesting if it’s a control thing that he does subconsciously. Do you think his attorneys told him to do that? Every time I looked at Barry he seemed like he was not sitting up straight but sort of slouchy with slumped shoulders looking like he wanted to be anywhere else but there. One time I thought he was talking to someone also sitting in the jury seats off camera...maybe his daughters? Is that allowed? And one time I thought he seemed to be turning his head stretching his neck in order to see out the window -probably thinking I want to be free again out there feeling the sunshine on my face. And sunbathing! I wondered if he was contemplating making a run for it? Oh but his feet were shackled. Maybe I should say Barry was fantasizing about escaping 007 like by jumping through the glass window then a helicopter swoops down and he clings to the bottom rungs as it lifts him away to his freedom! I know if I was shackled in a courtroom surrounded by people who were free all I could think about was how close I was to freedom that I could touch it and smell it. That would drive me crazy. Guess that’s part of the punishment when you go and commit MURDER. Not only being kept in a “cage” but getting a whiff of the freedom you used to take for granted and then being led back to your dark cell where the bars shut and lock behind you.

I was laughing at your camera snafu and wish I would have seen you on Webex I would have said hi since your camera was on. I’m a goofball too because I was wondering the same thing about whether or not you are allowed to turn your camera off but then something came up saying to disable my camera and my microphone. Then I couldn’t hear for the first 15 minutes of the hearing and while I was frantically trying to figure out how to fix the audio I missed all the AA stuff. Then out of desperation I enabled my mic and I could hear! But then I was paranoid they could hear noise on my end. There was a big learning curve using the Webex yesterday but how cool that we were able to watch the hearing live? I wonder if we will still be able to view Court virtually once Covid restrictions end?

Thanks for summarizing CM’s latest video. It sounds good. I was wondering about the defense putting LE on trial and if they will try and say they didn’t follow proper procedures when collecting evidence, etc. I’m definitely going to watch it later.

 

[Error505]

The preliminary hearing is the one scheduled for aug 9 th There can be no bond until the end of prelim hearing if at all - is my understanding IMO

Thank you! Excellent news! In the cage he stays! BM has never been in an environment where he’s literally told exactly what he can and can’t do 24/7.
I like it!

 

[muppethead]

I have a feeling any one of our sleuth family could answer this question, except me.

How might the Arrest Affidavit differ from the Discovery?

I think an attorney should answer (which I am not) but I think it is like the Discovery is a huge novel and the arrest affadavit is the Cliff notes summary

 

[Momofthreeboys]

I think an attorney should answer (which I am not) but I think it is like the Discovery is a huge novel and the arrest affidavit is the Cliff notes summary

Good analogy! The arrest affidavit will contain only enough to get the judge to sign the arrest warrant. Discovery is everything collected by law enforcement from the onset of the investigation.

 

[JosieMae]

Maybe that FBI lead dig in Salida wasn’t a nothing burger...

I wonder. We were all intrigued by the Sheriff's statement that nothing related to SM was found "at this time".

 

[LietKynes]

I think an attorney should answer (which I am not) but I think it is like the Discovery is a huge novel and the arrest affadavit is the Cliff notes summary

bbm
I think that sums it up nicely !