Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #77 *ARREST*

[kshultz06082]

https://twitter.com/jamiealeary/status/1430258590737047554?s=21

WE ARE DONE WITH ALL WITNESSES - 20 hours of testimony 25 pages of notes from the judge. He won't make a decision today on the #BarryMorphew case. The judge says he's never seen so many witnesses. He says he is going to have a lot of work ahead to make a decision @CBSDenver

Seems this judge hasn't seen alot of things before... long detailed AAs, this many witnesses, days long preliminary hearings, etc.... that seems odd to me. Maybe I just watch cases that have an abundance of evidence, long AAs, and lots of witnesses, but this all seems like normal levels to me. Anyone else?

 

[10ofRods]

What are the pieces of evidence that would support this NOT being an act performed in the "sudden heat of passion"? I'm not saying it wasn't necessarily murder 1 but curious if the evidence in the PH supports it.

While motive is not needed for M1, it certainly does help. The Judge stated out loud in court that he needed no further evidence that the Morphew marriage was a dumpster fire (paraphrasing). If Barry did not intend to kill Suzanne, but merely to tranquilizer her and...what? Have sex with her? Inject truth serum? Anyway - if she died due to his injection while he merely intended to restrain her and ask her questions, but she died, it's not M1.

Preplanning is always M1.

So...is the fact that Barry knew Suzanne was leaving him (from May 6 onward) evidence that he then began to think about killing her? Is it enough?

IOW, if Barry just grabbed what he had on hand (darts) when he found Suzanne sending photos to her lover (he knew something was wrong, he was suspicious, he was looking for just such a moment - perhaps not to kill her, but simply to denounce and interrogte her), and without thinking, he darted her (and then she died)...that's M2.

But if I were the judge I'd make him confess to that as a plea bargain - I wouldn't reduce the charges until the prosecution had a chance to provide all the evidence (SD's involvement, CC's involvement, GD's involvement, Fire Chief's observations, table of ALL the lies Barry has told) to a jury. Then let the jury decide between M1 and M2.

DV itself (whacking her on the nose, pinning her to the bed, making her wrestle herself away from him) can be considered premeditation of murder (because people can die from such events, especially if they are a bit frail). Don't punch a cancer patient in the face and expect a future judge or jury to look at you as innocent of preplanning harm to that person (there are at least 3 pieces of evidence about this type of violence). Judge also has the AA, where I'm sure there's a bit more.

There's also the body hiding/evidence destroying set of charges. Who put the files and the journal in the fireplace? Let the prosecution prove it was Suzanne's journal (at trial). Even if it was M2, those are enhancements to the sentence.

This all hangs on whether the Judge believes Barry had been trying to get Suzanne alone all week to kill her, or not. IMO. There's no evidence of a particular dart being filled with the specific purpose of rendering Suzanne helpless.

Barry doesn't change to Sunday as the start time for work scheduled for Monday until...Sunday, IIRC. Not evidence of premeditation (just very convenient). Seems he mostly destroyed evidence after the fact.

But if the Judge believes there was a tranquilizer dart that was filled (just that one dart) to shoot Suzanne, then it's M1, IMO. Again, probably best to put it before a jury - but I bet the Judge will be rereading many parts of the evidence/A.A. over with a different viewpoint this time.

 

[Aloe]

Did I Miss This?
Didn't we just hear/read again at today's PH, an LEO say --- when LE told BM (in Nov 2020?) SM had an affair, that BM denied knowing of it, altho BM thought she might have been in an "emotional affair"?

"Barry learned his wife Suzanne had been having a two-year affair with one of her high school classmates, Jeff Libler (pictured), in the days before allegedly killing her." * bbm ubm

So is the ^ bolding just another bit of dramatic, literary license* by DM? I'm not challenging whether BM knew/did not know, but whether at PH, any witness said BM "learned" of affair before her death. my2ct

* 10 most damning pieces of evidence against Barry Morphew | Daily Mail Online

Don't know the answer, however Anything from the DM should be taken with a pillar of salt.

 

[Momofthreeboys]

ok peeking back in...why was the big baby crying?

if he thought he was going home why would he think that?

Praying. He was probably praying.

 

[bestill]

I won't be surprised to hear that Barry is under suicide watch in the next few days.

 

[girlhasnoname]

BM can stay with his defense counsel of course.

Well, he's special and all.

Hopelessly behind, just able to tune in. Did we hear the coup de grace today? The reason the AA had to be withheld? Any "Bam Moments" today?

2 BAMS for me:
1) He was tracking Susan
2) When asked about DV, he said he clipped her in the nose once, by accident of course

 

[girlhasnoname]

I won't be surprised to hear that Barry is under suicide watch in the next few days.

Barry loves himself more than anything else in this world, well, except for hunting.

He ain't going nowhere, he thinks he is going to be a free man in the long run.

JMO

 

[justtrish]

Question for those more knowledgeable than I..

If the judge says Barry is going to stand trial, is that decision appealable?

When judges rule on this do they often reference other cases?

If the judge says Barry isn't, then they can refile charges at another time correct? Do they need new evidence to do that or can they refile with what they have, but present it differently? I think a judge can only base it on what they have heard so if the prosecution has things they haven't presented that isn't really on the judge. I can see him needing to take time because not only is this is a no body case, but there is no blood/DNA of Suzanne's either. He really might need to explain either way what the reasoning is.

 

[10ofRods]

Seems this judge hasn't seen alot of things before... long detailed AAs, this many witnesses, days long preliminary hearings, etc.... that seems odd to me. Maybe I just watch cases that have an abundance of evidence, long AAs, and lots of witnesses, but this all seems like normal levels to me. Anyone else?

Oh, I totally agree with you. Judge has clearly never been a judge in, say, Denver (or almost anywhere in California or New York or even...Arizona). Tons of AAs that are quite long (just not in Chaffee County). I'd say the Judge looks to be about 50. He didn't say this was the longest A.A. in the history of Chaffee County - just in his own experience. He can't have been a judge for more than 10-15 years, IMO.

Preliminaries take up way more time than 3.5 days in many cases. 18 witnesses was not excessive (what did we get in the end, like 5?)

I'm not happy with this judge right now.

 

[MassGuy]

ok peeking back in...why was the big baby crying?

if he thought he was going home why would he think that?

This man isn’t living in the same reality as the rest of us.

Don’t forget, this is the same guy who attempted to vote for his dead wife.

A guy who would have us believe he was shooting chipmunks, looking for a long dead turkey, chasing a herd of elk that don’t even herd that time of year, and tranquilizing deer from the comfort of his garage just to saw their antlers off.

A guy who told insane lies to the FBI in regards to his supposed alibi, even though that could be easily and completely refuted.

A man who seems to have justified murder by twisting his religion.

He likely thinks “no body, no crime.”

The thing is, you shouldn’t be rewarded for successfully getting rid of a body.

Let’s hope Barry learns a hard lesson.

 

[Deleted member 222031]

Seems this judge hasn't seen alot of things before... long detailed AAs, this many witnesses, days long preliminary hearings, etc.... that seems odd to me. Maybe I just watch cases that have an abundance of evidence, long AAs, and lots of witnesses, but this all seems like normal levels to me. Anyone else?

I started out thinking the judge was just refusing to follow the law re: Rule 55.1. Now I'm definitely wondering if anything in his 9/17 thesis can save him from Judicial Review. MOO

 

[steeltowngirl]

Going forward, Barry will continue to cast himself as a flawed husband. A man who worked too much and took his wife for granted. He will claim to never have cheated on his wife and point out that he provided all the material possessions she wanted. Hunting and the outdoors were his passion, an escape from the troubles of life. His girls will back him up. He is a good dad, maybe a little scary when’s mad, but a good dad.
JMO

I am sure his prison mates will enjoy his story.

 

[justtrish]

While motive is not needed for M1, it certainly does help. The Judge stated out loud in court that he needed no further evidence that the Morphew marriage was a dumpster fire (paraphrasing). If Barry did not intend to kill Suzanne, but merely to tranquilizer her and...what? Have sex with her? Inject truth serum? Anyway - if she died due to his injection while he merely intended to restrain her and ask her questions, but she died, it's not M1.

Preplanning is always M1.

So...is the fact that Barry knew Suzanne was leaving him (from May 6 onward) evidence that he then began to think about killing her? Is it enough?

IOW, if Barry just grabbed what he had on hand (darts) when he found Suzanne sending photos to her lover (he knew something was wrong, he was suspicious, he was looking for just such a moment - perhaps not to kill her, but simply to denounce and interrogte her), and without thinking, he darted her (and then she died)...that's M2.

But if I were the judge I'd make him confess to that as a plea bargain - I wouldn't reduce the charges until the prosecution had a chance to provide all the evidence (SD's involvement, CC's involvement, GD's involvement, Fire Chief's observations, table of ALL the lies Barry has told) to a jury. Then let the jury decide between M1 and M2.

DV itself (whacking her on the nose, pinning her to the bed, making her wrestle herself away from him) can be considered premeditation of murder (because people can die from such events, especially if they are a bit frail). Don't punch a cancer patient in the face and expect a future judge or jury to look at you as innocent of preplanning harm to that person (there are at least 3 pieces of evidence about this type of violence). Judge also has the AA, where I'm sure there's a bit more.

There's also the body hiding/evidence destroying set of charges. Who put the files and the journal in the fireplace? Let the prosecution prove it was Suzanne's journal (at trial). Even if it was M2, those are enhancements to the sentence.

This all hangs on whether the Judge believes Barry had been trying to get Suzanne alone all week to kill her, or not. IMO. There's no evidence of a particular dart being filled with the specific purpose of rendering Suzanne helpless.

Barry doesn't change to Sunday as the start time for work scheduled for Monday until...Sunday, IIRC. Not evidence of premeditation (just very convenient). Seems he mostly destroyed evidence after the fact.

But if the Judge believes there was a tranquilizer dart that was filled (just that one dart) to shoot Suzanne, then it's M1, IMO. Again, probably best to put it before a jury - but I bet the Judge will be rereading many parts of the evidence/A.A. over with a different viewpoint this time.

Would pulling in the driveway and putting his phone on airplane mode show preplanning? I think that is key. He said he did that so Suzanne couldn't track him. I think if that was the case, he would have done it prior to arriving at the house, but he didn't do that, he told her he was on his way home. Then he arrived at home and put the phone in airplane mode. I don't buy that it happens when he was out of range because it would show multiple times a day it was in and out of airplane mode and I didn't get that vibe from what was said and if that was the case the defense would surely have said this was a frequent occurrence and show that his phone did this every time he was at the house, but they didn't.

 

[bestill]

Barry loves himself more than anything else in this world, well, except for hunting.

He ain't going nowhere, he thinks he is going to be a free man in the long run.

JMO

But he uses suicide threats to get attention and control his family. jmo

 

[girlhasnoname]

I am sure his prison mates will enjoy his story.

Maybe he'll pass notes on hand towels and then flush them. He is a genius remember.

 

[steeltowngirl]

This man isn’t living in the same reality as the rest of us.

Don’t forget, this is the same guy who attempted to vote for his dead wife.

A guy who would have us believe he was shooting chipmunks, looking for a long dead turkey, chasing a herd of elk that don’t even herd that time of year, and tranquilizing deer from the comfort of his garage just to saw their antlers off.

A guy who told insane lies to the FBI in regards to his supposed alibi, even though that could be easily and completely refuted.

A man who seems to have justified murder by twisting his religion.

He likely thinks “no body, no crime.”

The thing is, you shouldn’t be rewarded for successfully getting rid of a body.

Let’s hope Barry learns a hard lesson.

Good stuff as always @MassGuy

I predict at least one of your phrases will be used at trial. (Thinking back to Dan May using your “he didn’t swing the bat.”)

I choose: The thing is, you shouldn’t be rewarded for successfully getting rid of a body.

 

[Aloe]

I totally agree - if the judge felt that the prosecution had not met the burden he could have ruled accordingly and sent Barry on his way and told the prosection to come back another time.
The way he phrased that he needed time " to lay things out" or something to that effect, makes me think he needs to make his own time line and tune out the "noise" of the side show that Eytan and her people were putting on. The glove compartment chat about the dna etc totally extraneous and ridiculous - look at this shiny object over here! So many of those instances.
The judge is definitly trying to not have any fallout or blow baack on his ruling - IMO he is going over board - I still have faith this goes to trial. As far as bail? The judge does have discretion even with M1.
Iirc correctly ole Fotis was out on 6m $ bail. with the ankle bracelet. I was fine with Fotios' decision to take an "alternate" route vs trial. Truly saved his family from all the bs we are seeing in this case. If the judge wants to let Barry out to go live with his girlfriend - put the bracelet on him and confine him to Salida at the 6m$. Just my thoughts all IMO

Agree @waldojabba ! Brilliantly put!

 

[girlhasnoname]

But he uses suicide threats to get attention and control his family. jmo

Yes, a typical trait of Narcs and APD's. IMO

 

[Cindizzi]

I totally agree - if the judge felt that the prosecution had not met the burden he could have ruled accordingly and sent Barry on his way and told the prosection to come back another time.
The way he phrased that he needed time " to lay things out" or something to that effect, makes me think he needs to make his own time line and tune out the "noise" of the side show that Eytan and her people were putting on. The glove compartment chat about the dna etc totally extraneous and ridiculous - look at this shiny object over here! So many of those instances.
The judge is definitly trying to not have any fallout or blow baack on his ruling - IMO he is going over board - I still have faith this goes to trial. As far as bail? The judge does have discretion even with M1.
Iirc correctly ole Fotis was out on 6m $ bail. with the ankle bracelet. I was fine with Fotios' decision to take an "alternate" route vs trial. Truly saved his family from all the bs we are seeing in this case. If the judge wants to let Barry out to go live with his girlfriend - put the bracelet on him and confine him to Salida at the 6m$. Just my thoughts all IMO

Iirc, at one hearing where BM’s Defense asked for charges to be reduced and bond issued they argued that although Colorado law allows no bond on capital cases, that this is not a capital case. IE argued that the death penalty was repealed before BM’s alleged charge ( May 9-10, 2020). She said it was for crimes charged before July 1, 2020 and the Judge corrected her and said it’s for crimes committed before July 1, 2020 therefore this IS a capital case in his eyes. No one is saying BM is eligible for the DP, but that was the Judge’s position on Bond at that hearing.

JMO

 

[Lilypad13]

Judge held him all summer on the basis of an AA he didn't think was adequate. Hate to say he's going home with "time served" on 9/17. If I were DA Lindsey, I would not be confident. I would be looking even harder for a body & making sure the next arrest warrant is shorter and much more persuasive.
JMHO - What do I know? I'm not a lawyer.

Nooooo! I wish I could unread this. If Barry walks on the 17th they better have guards surrounding the courthouse because all hell is going to break loose. I will always respect your opinion but I am going to be optimistic and go with those who think Judge Murphy needs this time to put in his due diligence. There is so much to review and he has to organize everything and provide reason & law to back up his decision. It has to be bullet proof especially if there is an appeal after the trial. I understand the Judge and attorneys have to coordinate their schedules and find a date that works for everyone but dang three weeks from now?! It seems like it would be more of a priority and they could reschedule other things but I guess it doesn’t work like that because it’s not fair to others. Could Barry’s attorney pressuring the Judge for a decision today so Barry doesn’t have to sit in jail have anything to do with it? Taught her a lesson regardless.

IANOL either or a Judge and I’m starting to think I wouldn’t be a very good juror either because it seems like common sense is not permitted to factor into anything.

Is it too late for Barry to negotiate a plea deal? Could that be something for which more time is needed? A confession and location of Suzanne’s remains for what? Not immunity! But Murder 2? At his age does that even give him a chance to get out of jail? What needs to happen now is Suzanne’s remains need to be found! That would be the miracle we have all been hoping for and we need it now! If there is even any remains left to be found.