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

Do you feel BM will go to trial?

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MassGuy said:
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.
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RBBM
We are all just squirrels just living in his world as the song goes.
 
al66pine said:
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
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DM is indeed taking literary license.

Barry consistently denies knowing about the affair until LE tell him about it. The part that you bolded was not, to my ears, ever presented at trial - the opposite. LE admits they told him about the affair in November 2020 (after the murder). Suzanne told none of her friends (apparently) so Barry wouldn't have found out via FB spying.

Barry admits that he eventually told the daughters about the affair (but only after learning it from LE - and I bet that they will validate that).

Now...do I believe he absolutely didn't know? No. There was some evidence that Suzanne had switched to LinkedIn after Barry was suspicious of some other messages (either text or FB) between Suzanne and JL. He was attributing her indifferent attitude toward him as related to the anti-depressants and the hydro. And the drinking.

He was spying on her, though. If she was texting a lot (there's an episode where he takes her phone away from her in Mexico to look at it), he'd be highly suspicious. But did he get definitive proof in the days before he killed her? I don't see evidence of that. What he did get was a text message indicating Suzanne was "done." Did he even know about the new money accounts she had opened?

The evidence may have been in the journal - although if Suzanne left it in plain view in the sitting room, with her Bible and her AA book, it would be odd if it contained proof of the affair. We'll never know.
 
10ofRods said:
DM is indeed taking literary license.

Barry consistently denies knowing about the affair until LE tell him about it. The part that you bolded was not, to my ears, ever presented at trial - the opposite. LE admits they told him about the affair in November 2020 (after the murder). Suzanne told none of her friends (apparently) so Barry wouldn't have found out via FB spying.

Barry admits that he eventually told the daughters about the affair (but only after learning it from LE - and I bet that they will validate that).

Now...do I believe he absolutely didn't know? No. There was some evidence that Suzanne had switched to LinkedIn after Barry was suspicious of some other messages (either text or FB) between Suzanne and JL. He was attributing her indifferent attitude toward him as related to the anti-depressants and the hydro. And the drinking.

He was spying on her, though. If she was texting a lot (there's an episode where he takes her phone away from her in Mexico to look at it), he'd be highly suspicious. But did he get definitive proof in the days before he killed her? I don't see evidence of that. What he did get was a text message indicating Suzanne was "done." Did he even know about the new money accounts she had opened?

The evidence may have been in the journal - although if Suzanne left it in plain view in the sitting room, with her Bible and her AA book, it would be odd if it contained proof of the affair. We'll never know.
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Wasn’t Barry having an affair, or hadn’t he had multiple ones? I haven’t been here for a while but I thought I recalled that he had. I never can understand why it’s ok for the husband to step out, but the wife isn’t allowed to get tired of his antics and step out on her own?
 
When did BM Learn of SM's Affair?

Aloe said:
Don't know the answer, however Anything from the DM should be taken with a pillar of salt.
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@Aloe
Yes, agreeing absolutely, which is why my posted asked if DM article about BM learning of SM's affair before death was "just another bit of dramatic, literary license by DM"or whether a witness actually said it.
 
LaineyJ said:
thats what I would expect. Along with turning over passport etc.

highly doubt he’d bond out & be able to roam free. No, I bet the terms of his release would be to have gps monitoring
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Fotis Dulos had all those rules and more... he committed suicide at the exact time he was due in court... nobody questioned his complete lack of movement when him and his bracelet should have been speeding to court. Nobody watches the GPS pings until its too late... perps get a major headstart if they decide to cut it off and run cuz nobody watches the pings in real time... they go back and check the pings when they are questioned about a perp running or not moving at all... those records are only checked when someone has messed up and needs to do some CYA-ing. Jmo
 
IRBHTX said:
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
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BBM

I haven't got past that fact. He needed time to create reasons for not following the law. So far, there was nothing to substantiate his reasons for not releasing the affidavit. He allowed the defense to dominate the time in the hearing, plus he ignored BM's blatant disregard of not communicating with court spectators.

Governor Hickenlooper made a huge mistake appointing Patrick Murphy as chief judge.
 
LandManatee said:
MOO - Just thinking out loud here…
In LS’s Live recap last night, she mentioned that one of the items found in the fireplace was a piece of wood with a black lacquer veener-type finish. It definitely sounded misplaced. She also noted that the firewood next to the fireplace had not been disturbed.

I wonder how extensive the damage may have been to the door frame and if this piece of wood wasn’t from the door trim? However, I then think if a portion had been busted off with the impact of a door being forced open, when would BM have had time to repair it without it being so glaringly obvious. So it’s likely not from the splintered door frame.

Nonetheless, I found this tidbit of information interesting and also wondered if the piece of wood didn’t come from sort of broken furniture that could have been used in self defense or as part of an assault weapon.
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Since the piece of wood was in the fireplace with other items that were likely from SM's journal (incl. wallpaper or wrapping-like printed paper which was likely for the endpapers), I was thinking the wood may have either been the outer front and rear covers of the journal, or perhaps a small piece that is used through a loop to hold the journal closed.

Edited to remove hanging quote.
 
Jmoose said:
Wasn’t Barry having an affair, or hadn’t he had multiple ones? I haven’t been here for a while but I thought I recalled that he had. I never can understand why it’s ok for the husband to step out, but the wife isn’t allowed to get tired of his antics and step out on her own?
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Inference from an interview with SM's sister and rumors. Prosecution said they didn't find evidence of any infidelity by him but we don't know for what time frame and how hard they looked. But even a self-declared lover from Ashley Madison would not help the prosecution right now, IMHO.
 
Jmoose said:
Wasn’t Barry having an affair, or hadn’t he had multiple ones? I haven’t been here for a while but I thought I recalled that he had. I never can understand why it’s ok for the husband to step out, but the wife isn’t allowed to get tired of his antics and step out on her own?
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It turns out there is no evidence that Barry did in fact stray.

It also turns out that Suzanne had every reason to.
 
Lilypad13 said:
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.
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BBM
4-48 years?

Second degree murder is a Class 2 felony generally penalized by a presumptive minimum of 8 years and maximum of 24 years, with five years parole. However, second degree murder is a violent crime which has a higher maximum of twice the usual maximum sentence, thus 48 years would be the presumed highest end of the punishment range.

Murder in the second degree is reduced to a Class 3 felony where the death was caused during a sudden heat of passion, caused by a highly provoking act of the victim, which excites the defendant sufficiently, and that a reasonable person in his or her place would also be provoked. However, if there was time to cool down from the excitement, it would be a Class 2 felony.

Class 3 felonies are punished by 4-12 years, but again, as a violent crime, 24 years would be the presumed upper limit.
(from findlaw.com)
 
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IRBHTX said:
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.
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Respectfully disagree - I would say the opposite. I believe the Judge clearly stated that there was more than enough in the AA for him to have signed the arrest warrant and criticized the prosecution for making it too long. He said it did way more than serve its purpose to establish probable cause for an arrest.

You can find these statements if you go back through the order that the Judge signed and read the WS threads here at the time that statement was released (there were some tweets from reporters, too, I believe). The Judge definitely said out loud that the AA was too long, that parts of it played no part in his decision and should therefore not have been put in, in order to persuade him, because he was already persuaded. And yes, he did sign the arrest warrant, IMO.

That being said, I'm not overly confident that this is going forward as Murder One. They are looking hard for a body (said LE recently) and I believe LS reported on some of that searching (mines for example).

He can't go home with "time served" on September 17, because "time served" relates only to a sentence. Unless you think he's going to plead out, if so, please clarify that you think he'll plead to M2. And that the judge would then drop all the enhancements (including DV, which is of course included in M2 if that's how he pleads). Then the Judge would have to give the minimum sentence (4 years) and meet the State's sentencing requirements for when he gets out on probation (he'll be at 4.5 months of time served).

IMO, he will not be sentenced to anything on Sept. 17. His attorneys will consider a reduction in charges to be a HUGE victory and will want to take it on to trial for even further reductions in Barry's prison time.

And I don't think the illegal gun charge is going to be dropped. At all.
 
SUZANNE MORPHEW: Judge to determine if there's enough evidence for trial of Barry Morphew | FOX31 Denver


CHAFFEE COUNTY, Colo. (KDVR) — On the fourth and final day of Barry Morphew’s preliminary hearing, a Chaffee County Judge couldn’t decide if there is enough evidence to move forward with a trial.

A new hearing date has been set up for Sept. 17 at 1:30 p.m. to make that decision.

Morphew has been charged with murder and is accused of killing his wife Suzanne, who went missing May 10, 2020. Her body has still not been found.


In court Tuesday, former Federal Bureau of Investigations Agent John Grusing was back on the stand. He said Morphew searched for Suzanne for three to five months, and said Morphew indicated it would “never” be okay to stop searching.

Morphew told his daughters about the affair Suzanne was having with another man, and told investigators it took him a few weeks to get over the affair and anger surrounding it. “We are all sinners,” Morphew told Grusing. “I got on my knees and forgave her. I still love her.”

Grusing doubled down on his assessment that Morphew had been tracking Suzanne.

We’re also hearing from Judge Patrick Murphy Tuesday, who said in open court there were too many objections coming from lawyers and said, “I need to get this hearing done.”

Murphy also said “I think it is well established that Suzanne Morphew was not happy in the marriage.”
 
girlhasnoname said:
Maybe he'll pass notes on hand towels and then flush them. ;)He is a genius remember.
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Lol :D I have no way of knowing this obviously but I don’t think Barry is socializing in jail and trying to make friends with his fellow inmates. Because in his mind he does not belong in jail, he is not one of them, he thinks he is above them & above the law. HE is not a criminal. Suzanne made him do it and this was her fault and she got what she deserved. And Suzanne & God have already forgiven him. :eek: MOO MOO
 
Lilypad13 said:
<snipped>
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?
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BBM

If that is the case, I will gladly offer apologies to Judge Murphy. But for now, I feel so sorry for Suzanne and her family.
 
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