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

[Observer33]

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.

I think he is guilty but until he is tried and convicted he is considered innocent in our system. If Colorado law permits, he should get bail. He will have to surrender his passports, they'll possible freeze accounts, he won't be able to leave the county or at the most Colorado and he will have an ankle monitor. He will get his just rewards when the state convicts him.

 

[10ofRods]

Well said. If the prosecution would not be up to the task of providing what's being asked for, I would fear for the case that they have. MOO.

I'm sure they were ready for the request - but why would the Prosecution volunteer their help? I think it's prudent for them to wait for the Court to order the transfer of the evidence, rather than start answering phone calls from the Defense (it's not clear that the Defense actually asked for all the evidence by calling the DA's office, but maybe they did).

10,000 pages of paper reports from LE reside on a hard drive and all they have to do is make a few more copies. (didn't the DA say their person who handles this has been ill?)

I think the Defense is probably a bit disappointed that the next regular hearing isn't until August. Therefore, there's no scheduled hearing for another review of bail (nor does the judge have to allow another hearing on that topic). I assume that the August 9 hearing will be Barry's arraignment.

Since the Defense whined about not having enough time to look at the evidence and they are entitled to 3 weeks, in order to stem their whining, the Judge did something interesting - he didn't schedule the arraignment for, say, July 9 (giving them a month to review) but gave them an extra month, on the view that they could not show up on August 9 and say "Um, we didn't have enough time." If they do that, Barry's side will be delaying the process, not the DA.

So...I don't think there's an easy way for the Defense to get Barry bail, is what I'm saying. It's solely in the discretion of the Judge. Filing a motion will result in a hearing but it's up to the Judge to find a time to hear it and even then he can decide not to have an actual bail hearing (deny the motion, it's his sole discretion).

They can appeal that decision (I'm not sure how that works), but obviously, that would simply result in Barry Morphew sitting in that "cage" for an ever longer period of time.

 

[10ofRods]

Warrants are specific.

But they can be very broad. "Entire house and acreage" using various kinds of equipment can be in the warrant. So cadaver dogs, regular dogs, ground penetrating radar, various kinds of sensors can be used. Carpet can be torn up, etc. This is the typical thing that gets ordered - it's not a quick glance around and while warrants are specific, the specificity is usually about "types of things" (phones, computers, personal belongings, automobiles, household belongings, etc).

The warrant would have included all of this, IMO. I think the computers and phones will be helpful, but the record Google has of searches (regardless of whether someone tried to remove that history from their phone or computer) may be very revealing.

 

[NuttMegg]

I think he is guilty but until he is tried and convicted he is considered innocent in our system. If Colorado law permits, he should get bail. He will have to surrender his passports, they'll possible freeze accounts, he won't be able to leave the county or at the most Colorado and he will have an ankle monitor. He will get his just rewards when the state convicts him.

Why didn't Watts get bail? Is the drawing line because he had already confessed to one "killing"? (But, he had an (imaginary) excuse that he killed her to possibly protect Cece.) Yeah I know it wasn't true, but I don't see why BM should get bail if Watts didn't. Honest question, do only murder suspects professing innocence possibly get bail? I'd have to say I hope he doesn't get it.

Maybe he'll lose his temper and start in a fight in the meantime, making it harder.

shouldn't the fact that he was on the brink of leaving the state count for something re bail?

 

[Leader6518]

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

Exactly! IMO, “at this time” is code for it’s awaiting testing.

 

[Skigh]

I think he is guilty but until he is tried and convicted he is considered innocent in our system. If Colorado law permits, he should get bail. He will have to surrender his passports, they'll possible freeze accounts, he won't be able to leave the county or at the most Colorado and he will have an ankle monitor. He will get his just rewards when the state convicts him.

I think he should definitely not be given bail. I think there is a big risk he could threaten potential witnesses or harm himself.

 

[Synergizer Bunny]

...shouldn't the fact that he was on the brink of leaving the state count for something re bail?

To me, this is the strongest reason for not granting bail. He has no real ties to the state or the community. He has sold everything that he owns and has nothing keeping him there.

His older daughter has graduated from college, and his younger daughter has just graduated from high school. He can move any place at any time.

Hopefully, the judge will not grant bail if and when his lawyers ask for it.

JMO.

 

[LietKynes]

I think he is guilty but until he is tried and convicted he is considered innocent in our system. If Colorado law permits, he should get bail. He will have to surrender his passports, they'll possible freeze accounts, he won't be able to leave the county or at the most Colorado and he will have an ankle monitor. He will get his just rewards when the state convicts him.

About the ankle monitor, there's a Dateline case called "In Broad Daylight" and also "Vanished", about the murders of Chelsea K. and Amber D.; and the perp who was later convicted had removed his ankle monitor, and it was not followed up on.
Crazy and I'm sure the parents of the murdered girls had to be incensed.
Sometimes persons slip through the cracks and our justice system is good but not infallible.

I think he's a huge flight risk and has nothing to lose.
And I wouldn't put it past whomever, to help him flee ?
He must have a good idea about what the investigators have on him, and that it's potentially 'over' ?
Although not as 'over', as it is for a lady robbed of her life.
Imo.

 

[10ofRods]

I think he is guilty but until he is tried and convicted he is considered innocent in our system. If Colorado law permits, he should get bail. He will have to surrender his passports, they'll possible freeze accounts, he won't be able to leave the county or at the most Colorado and he will have an ankle monitor. He will get his just rewards when the state convicts him.

So, you're saying that if there's any way that CO law permits it, he should get bail?

Well, CO law says that if someone is a flight risk (sole determiner of that fact? the judge) can be denied bail. So I'd say the opposite. If CO law permits denying bail to a flight risk, there couldn't be a better example than the case of Barry Morphew. Traditionally, liquidation of real assets in a state, moving out of one's sole residence in the state (in this case the Poncha Springs condo) and telling people you're leaving the state are each capable of showing flight risk (so it's 3 strikes for Barry).

Further, while the term "capital offense" is related to the meaning of "capital punishment" it really means "highest level of offense" and the term "capital" means the same thing in both phrases ("highest, capstone offense - such as murder in the first degree). So CO law also provides that bail can be denied for first degree murder. Who decides? The Judge. It's set up that way for a reason.

So while the Judge could decide otherwise (basically saying he thinks Barry is not a flight risk and that Barry will do well with an ankle bracelet - despite having no where to live and no known residence), that would be a really atypical thing for any judge. This particular judge seems very intelligent and willing to do his thinking on such matters - and right now, he isn't going to hear any more about it until August 9, 2021.

Innocent people can still be held for trial, based on the facts of the case (which the Judge knows a lot about at this point) and on their flight risk. Barry, by liquidating all his real assets and possibly moving them out of the country, and by visiting Mexico in February, and by loading his stuff into trucks...pretty much fulfilled all criteria for being a flight risk (he ought to have consulted attorneys beforehand and not been such a cheapskate).

I also think he's a danger to himself and to others, but that's an entirely separate issue and fortunately, the law allows the judge lots of latitude to think about the risks of letting Barry Morphew out of jail - CO definitely permits him to stay without bail, as it should be.

 

[MrsWatson]

DBM, answered by 10ofRods already.

 

[jakat]

dbm

 

[fcavanaugh]

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."

I agree @MrsWatson. IMO, BM thought since he was in with the small town local “good ole boys” club, you know being a VFF and all, was expecting the Sheriff/CCSO to back him/take him at his word, essentially that they would buy his BS bike ride, ML etc., narratives. Suzanne was devoured/eaten up, lost, or random bad guy must’ve taken her, she’d be classified as “missing” forever, and it would all just fade/go away. He thought because he didn’t care about Suzanne, nobody else did/would. Of course, he was stupid and wrong to think that, but N’s don’t think like the rest of us.
Anyway, good on the Sheriff to be on to his lying, ludicrous BS and called the CBI and FBI in to assist virtually immediately-by day 3. BM is so arrogant and delusional he thinks he can throw all LE including the 2 premiere agencies CBI & FBI under the bus, claiming all 3 agencies are conspiring, trying to frame him. Meanwhile, the DA/state has evidence that among others, he tried to exert influence over 2 CBI agents, an FBI agent, and an investigator for the 11th Judicial DAO!! It would be hysterical if this wasn’t such a sad, heartbreaking case.
That’s why I said in previous post, weak, very weak if this is what his defense strategy is going to be, to try to discredit all LE involved.
IMO, BM literally has nothing else but to try and throw multiple LE agencies and/or other people, his employees/witnesses under the bus attempting to discredit them. He/his attorneys will try to portray BM as the victim, everyone out to get him, LE, his “meth head” employees i.e., not only did LE mess up all the “evidence”, they had tunnel vision, didn’t look at any other suspects etc., his employees are lying druggies with criminal records and can’t be trusted trying to destroy their credibility etc., and/or after his attorneys throughly review the extensive 129 page AA and 10,000 pages of discovery realize there is no way to try to discredit LE as the prosecution has overwhelming evidence against BM which I believe they do, I wouldn’t be surprised if they try to attack Suzanne’s character, you know, put the actual real victim on trial strategy. What can they say about Suzanne? Nobody has one bad word to say about her, no proof of any affairs/lovers, ran off into the sunset to be with someone else. I mean, how could they possibly try to discredit his victim, Suzanne? Disgusting to think they’d even attempt this, but I wouldn’t be surprised if all else fails, they sink as low as trying to say it was Self Defense, Suzanne provoked BM during a heated argument, it was an “accident”, he panicked and hid the body. Awful, but I just don’t put anything past BM and his attorneys. And/or trying to get him off on some “technicality”/setting stage for future appeal etc.
At any rate, I’m getting myself prepared for all kinds of stuff to be thrown at the wall by him/his attorneys to see what sticks.

I’m sure it’s absolutely killing BM to be locked up in a “cage”. He must be furious about being told what to do, where to go etc., especially being the avid outdoorsman used to roaming free, tanning on his patio, cooking peanut butter burgers on the grill, coming and going as he pleases.
I don’t feel one bit sorry for him, at least he’s still alive. He’s where he should be. I bet he’s hoping his attorneys will get him out in August in time for hunting season. (insert sarcasm).

Let’s hope the Judge doesn’t grant bail/bond after the Preliminary hearing in early August.
Besides the serious charges he’s facing and state’s evidence against him, IMO, BM is also an extreme flight risk and potential danger to others, so feeling pretty confident he’ll be denied bail.
Fingers crossed.

All of the above IMHOO

#FindSuzanne
#BringSuzanneHome
#JusticeForSuzanne

 

[LietKynes]

Very well said, @fcavanaugh !
I am reminded when you said the 'tunnel vision'; about Scott Peterson's similar complaint, and how his defenders are saying LE focused only on him, while oblivious to all else.
Lunacy.

I think it's a given that the defense will use that excuse along with others, such as blaming Suzanne for her own demise !
It would be nice to think that lawyers couldn't sink so low as that --- but sadly it could happen.

LE in Peterson's case said while they initially considered other options, the evidence kept leading them back to one person, Scott.
MOO

 

[waldojabba]

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.

@Momofthreeboys - I was not able to listen to the hearing yesterday either but I did listen to Scott Reisch from Crime Talk do a blow by blow of what was happening in court. He said what the defense was asking for ie preservation of evidence, was all standard and already outlined in Co rule #16. ANd that they were pushing th elimits to test the judge by going point by point etc. So, I kinda agree with you that the IF is implied. If there is biological evidence it will be preserved and shared with the defense. However if you watch the Interview Room with Chris he felt that there was an affirmation of bioogical evidence somehow just by the defense asking that question. Maybe biological evidence is mentioned in the AA we don't know. But because the defense asked to have all biological evidence preserved, to me , is not proof positive that any exists. Maybe somebody else on this thread has definitive info that it does exist?

 

[Ontario Mom]

Suzanne Morphew Murder: Husband Barry Morphew Appears in Court

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.

RSBM

Well, that's interesting. No mother, sisters, daughters, nephew, etc.
I can only imagine, facing what Barry Morphew is facing, and having literally no one from my family be in court with me. That has to feel like pure garbage.
And it couldn't be happening to a more worthy individual.
Back to the cage, Barry. Alone with your own thoughts.

 

[Ontario Mom]

So, you're saying that if there's any way that CO law permits it, he should get bail?

Well, CO law says that if someone is a flight risk (sole determiner of that fact? the judge) can be denied bail. So I'd say the opposite. If CO law permits denying bail to a flight risk, there couldn't be a better example than the case of Barry Morphew. Traditionally, liquidation of real assets in a state, moving out of one's sole residence in the state (in this case the Poncha Springs condo) and telling people you're leaving the state are each capable of showing flight risk (so it's 3 strikes for Barry).

Further, while the term "capital offense" is related to the meaning of "capital punishment" it really means "highest level of offense" and the term "capital" means the same thing in both phrases ("highest, capstone offense - such as murder in the first degree). So CO law also provides that bail can be denied for first degree murder. Who decides? The Judge. It's set up that way for a reason.

So while the Judge could decide otherwise (basically saying he thinks Barry is not a flight risk and that Barry will do well with an ankle bracelet - despite having no where to live and no known residence), that would be a really atypical thing for any judge. This particular judge seems very intelligent and willing to do his thinking on such matters - and right now, he isn't going to hear any more about it until August 9, 2021.

Innocent people can still be held for trial, based on the facts of the case (which the Judge knows a lot about at this point) and on their flight risk. Barry, by liquidating all his real assets and possibly moving them out of the country, and by visiting Mexico in February, and by loading his stuff into trucks...pretty much fulfilled all criteria for being a flight risk (he ought to have consulted attorneys beforehand and not been such a cheapskate).

I also think he's a danger to himself and to others, but that's an entirely separate issue and fortunately, the law allows the judge lots of latitude to think about the risks of letting Barry Morphew out of jail - CO definitely permits him to stay without bail, as it should be.

I must have missed this info - when did Barry move out of his Poncha Springs condo?

 

[K9Enzo]

I must have missed this info - when did Barry move out of his Poncha Springs condo?

When he went to jail.....

(*wink*)

 

[Ontario Mom]

When he went to jail.....

(*wink*)

lol, well... this is true

 

[Skigh]

I must have missed this info - when did Barry move out of his Poncha Springs condo?

I cannot remember,did BM own or rent the Poncha Springs condo?

Also,who did he tell he was moving out of state?

 

[Cindizzi]

RSBM

Well, that's interesting. No mother, sisters, daughters, nephew, etc.
I can only imagine, facing what Barry Morphew is facing, and having literally no one from my family be in court with me. That has to feel like pure garbage.
And it couldn't be happening to a more worthy individual.
Back to the cage, Barry. Alone with your own thoughts.

I was not surprised to hear from LS that the daughters have moved out of the condo ( at 1:38 in this video) and it has been emptied out. For 1.it was sealed off and searched after his arrest and 2. I would imagine there are lots of stalking the place to take pics or try to talk to them.

It did occur to me that when a Court determines if Bail will be set, one thing they look at is ties to the community and if the accused owns or rents a home. Looks like BM doesn’t even have a rental to call home now. JMO

Not that I think bail will be considered in his case anyway.
Just find it interesting.