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

[DizzyB]

I don’t think Barry is getting out on bail, and I think it would be disastrous for him to testify. Not going to happen. He does not take direction well, and the risk would be far too much. I have no idea how strong the prosecution’s case is, but I imagine that his defense might be that LE mishandled evidence from the moment they pulled up that bicycle and have focused on Barry and no one else. I think this will be about poking holes in the case instead of proving Barry’s innocence. I’m sure the defense will fight tooth and nail to exclude anything that they can. It’s always upsetting when you hear a juror state that they would have voted differently if they had known certain things that were ruled inadmissible. This defense team may be best at finding mistakes and capitalizing on them.

 

[NWLady]

Re the August 9 hearing -- it is for 1) a preliminary hearing for the judge to decide if there's enough evidence to proceed to trial; and 2) "proof evident/presumption great"-- this is the issue of whether bail should be denied if "the court finds the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail."

Suzanne Morphew Murder: Husband Barry Morphew Appears in Court

Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

Thanks for your explanations, they are very helpful!

 

[NWLady]

Re the August 9 hearing -- it is for 1) a preliminary hearing for the judge to decide if there's enough evidence to proceed to trial; and 2) "proof evident/presumption great"-- this is the issue of whether bail should be denied if "the court finds the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail."

Suzanne Morphew Murder: Husband Barry Morphew Appears in Court

Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

Thanks for your explanations, they are very helpful!
ETA - DBM, double post.

 

[10ofRods]

I don’t think Barry is getting out on bail, and I think it would be disastrous for him to testify. Not going to happen. He does not take direction well, and the risk would be far too much. I have no idea how strong the prosecution’s case is, but I imagine that his defense might be that LE mishandled evidence from the moment they pulled up that bicycle and have focused on Barry and no one else. I think this will be about poking holes in the case instead of proving Barry’s innocence. I’m sure the defense will fight tooth and nail to exclude anything that they can. It’s always upsetting when you hear a juror state that they would have voted differently if they had known certain things that were ruled inadmissible. This defense team may be best at finding mistakes and capitalizing on them.

I think the defense will have a very, very difficult time saying "it was Barry. and no one else" when the police got so many tips, followed all of them, and interviewed 400 people.

But I agree that poking holes is all they've got. If Barry walks free due to such technicalities, it'll be absolutely sickening.

The judge seems really smart and even-handed though. I don't think the judge will allow them to exclude the charge about the 8 different people he tried to influence.

 

[Janeumayer]

I think the defense will have a very, very difficult time saying "it was Barry. and no one else" when the police got so many tips, followed all of them, and interviewed 400 people.

But I agree that poking holes is all they've got. If Barry walks free due to such technicalities, it'll be absolutely sickening.

The judge seems really smart and even-handed though. I don't think the judge will allow them to exclude the charge about the 8 different people he tried to influence.

I would like to know if they ever looked at/ considered other suspects....

 

[10ofRods]

Excellent summation @10ofRods
Allow me add just 1 additional concern the courts might have and that would be witness tampering/threatening witnesses/bribing witnesses.
BM may have no problem with any of the fore-mentioned as seen in his charge:
COUNT 5: ATTEMPT TO INFLUENCE A PUBLIC SERVANT, C.R.S. 18-8-306 (F4){24051}
So I think these are valid concern because he’s read the AA which gives him information of who possible prosecution witnesses are.

BM needs to stay right where he is until proven innocent. (But that’s not happening) MOO My 2centavos

Yes, this weighs heavily on his case. The Judge knows all the details at this point. The Judge may well know more details than are in the AA, depending on the type of judge he is.

An ankle bracelet...when the guy is apparently a whiz at trapping, using tools, uses power tools, has the knowledge and methods for removing it? I don't think so.

Because I'm constantly confused by the terminology I found this short article helpful in terms of understanding the difference between direct evidence and circumstantial evidence:

Direct versus Circumstantial Evidence - dummies


In other words most physical evidence (including biological) tends to be circumstantial unless the crime has actually been directly witnessed or confessed to by the suspect.

Thank you for this. A lot of people think "circumstantial" does not include, say, DNA evidence - but that's still circumstantial. Really only direct witnesses and cameras are non-circumstantial. And both of those can still be impeached (rare, but it happens).

 

[SouthAussie]

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

I guess with 'more than 135 search warrants' being issued, there are a lot of times that something very incriminating could have been found.
Even if 100 search warrants were issued for typical things and things we know, that still leaves a heck of a lot of search warrants for things we don't know about it.

I wonder how many physical searches the authorities have done that we have absolutely no inkling about.

 

[SouthAussie]

I would like to know if they ever looked at/ considered other suspects....

Yes, this is an important thing. There have been cases where the defense have stated that their client was the only suspect, ever. That the police were narrow minded and looked nowhere else. That they didn't investigate properly.

I think they overcome that by showing their evidence and proving that everything led back to their primary suspect, and no-one else.

 

[pseudo_hum]

I would like to know if they ever looked at/ considered other suspects....

IMO, it has been said that they did interview two mountain lions, but the results were inconclusive.

 

[Hoss569]

I agree, we don't. It's possible there was some mention in the sealed AA that was delivered to BM's first defense team on a thumb drive on May 6, or it could just be speculation about discovery and IF biological evidence exists. MOO

I agree, I kind of had a weird feeling that BM's Attorney's were on a fishing expedition with that(and other questions). ...

 

[Hoss569]

I think it will be interesting to see the reasoning of mentioning the dark web at the press conference. I for one thought their could be evidence of him implicating himself or pretty damaging evidence with that comment.

 

[DetectiveFoyleWannabe]

IMO, it has been said that they did interview two mountain lions, but the results were inconclusive.

Heard they lawyered up.

 

[NervousNellie]

You guys are cracking me up.

 

[Seattle1]

I don't think BM will be released on bail. One of the important things they will consider is his "flight risk". IMO, he is a significant risk. He has basically liquidated his entire life in the past year. Now, it's just Barry, the F-350 and Bob (the Cat).

The question becomes, where is all that money? Did Barry deposit it in his checking account? I don't think so. Did he use it to pay off significant debt? Maybe. Did he "invest" in LLC's? Maybe. IMO tracing the money/real estate trail will be important to his case.

On another note, why does BM keep making so many trips to Indiana?

Finally, several threads back someone gave a great example of what is contained in an AA. Does anyone remember who made the post? I'd like to search back and find it and a member name would help!

Take care,

I don't believe there will be any consideration for flight risk because, by Statute, BM really isn't eligible for bail release -- not to be confused with all defendants having a right to a bail hearing.

IMO, this is what we should expect for the August 9, 10, preliminary/PEPG hearing:

(3) In any capital case, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon such motion.  

At such hearing, the burden shall be upon the people to establish that the proof is evident or that the presumption is great.  The court may combine in a single hearing the questions as to whether the proof is evident or the presumption great with the determination of the existence of probable cause to believe that the defendant committed the crime charged.

In other words, establishing the existence of probable cause will end the bail question once and for all.

One of the reasons BM's defense asked to get the voter fraud charges on the calendar (later Aug after preliminary/proof evident, presumption great) was to preserve any rights BM might have to bail for a charge which is a bailable offense. They are being thorough in event of a fluke with his murder complaint.

Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101. Bailable offenses--definitions
Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw

 

[SouthAussie]

I think it will be interesting to see the reasoning of mentioning the dark web at the press conference. I for one thought their could be evidence of him implicating himself or pretty damaging evidence with that comment.

Potential dark web searches ...

"How to destroy biological evidence"
"20 places that authorities will never look when searching for a body"
"How to get out of the country during Covid-19 and never be found"

 

[susiQ]

I wonder if Barry will take the stand in his own defense ??

OMGoodness! That would be such fun to watch!! Sigh....I think Dru is smart enough not to let that happen. But, then again, she’s dealing with, “Listen......no one knows the truth!” Wrong again BM!

 

[Murphy1950]

Heard they lawyered up.

Well they were smarter than Barry.

 

[LietKynes]

I would like to know if they ever looked at/ considered other suspects....

I've wondered if he had any help after the fact ?

As in "... Listen, I need to use your truck, no questions asked. Something real bad happened to Suzanne & it wasn't my fault, and I'm darned if I'm going to take the fall for it ....".
Or a similar scenario ?
MOO.

 

[Seattle1]

Finally, several threads back someone gave a great example of what is contained in an AA. Does anyone remember who made the post? I'd like to search back and find it and a member name would help!

^^RSBBM

I'm not familiar with OP's reference but I think for discussion purposes, it helps to cite and/or link Colorado examples for Colorado cases, and offer the following.

The AA linked below represents, at a minimum, a typical redacted Colorado STATEMENT OF PROBABLE CAUSE / AFFIDAVIT FOR ARREST WARRANT, pages 1-2.

I think we can expect that the CCSO and/or Investigator for the DA presented a similar Statement of Probable Cause/AA (with very detailed attachment) to a Chaffee County Judge that signed the Arrest Warrant (see pg 2), and where CCSO was commanded to arrest BM and deliver him without delay to appear before the County Judge.

https://www.denverda.org/wp-content/uploads/news-release/2020/021220-Charlene-King-PC-REDACTED.pdf

For more extensive AA details, El Paso County's Sheriff's Office filed a 32-page Affidavit to document the probable cause in support of the request for issuance of an arrest warrant for Letecia Stauch for the murder of 12 yr old Gannon Stauch.

The Stauch case documents can be also be found on the Court's public site under El Paso County Cases of Interest, 04/03/2020 Affidavit of Probable Cause in Support of Arrest.

Colorado Judicial Branch - El Paso - Cases of Interest - The People of the State of Colorado v. Letecia Stauch

 

[NWLady]

I would like to know if they ever looked at/ considered other suspects....

I don't think so, but I do suspect they may have interviewed others as possible accomplice(s). This is JMO.

I have no links or knowledge of this really happening - I just think it's a likely possibility. Again, JMO/thoughts.