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

[gitana1]

Very disappointed in Judge Murphy. How can you NOT see that Suzanne was alive and communicating until BM comes home, admits he is SHOOTING (chipmunks), and then she is never heard from or seen again??? I just don't get it. 2+2=4.

What did the judge do?

 

[Deleted member 222031]

That’s because he didn’t. He thought it contained information that may ultimately not be admissible though.

Pls see attached. Does this not indicate he is wary of trusting the AA? To me, he seems critical of it, as though he is wondering why a judge would have allowed an arrest to go forward using it. Maybe my own bias is reading too much into his wording but I would not infer he thought the AA was more than adequate to its task, rather that it hampered its task.

 

[Trocroc9]

I think there was a lot of read between the lines with the prosecution in the preliminary that made them seem subdued a bit. I’m not exactly sure why it seemed this way and somebody with law knowledge may be better able to attest to reasoning for this. Maybe because it was just the preliminary hearing but in any event I was easily able to read between the lines.

Do they typically do this as a way to hold information close and to make sure a jury of peers in the future are not aware of all that they do have? Is this the only fair way to have a preliminary hearing. Or does it just seem like this to a lay man like myself reading tweets.

 

[MassGuy]

I follow these cases because I like trying to piece these mysteries together, and then watching the case ultimately come together.

I want to know everything that happened, and how everything occurred.

In that regard, I’m disappointed to not know the answers to certain questions. At the same time, I realize that some questions will never be answered, as the answers can only be known to Barry and Suzanne. One of them is a pathological liar, and the other one is dead.

I have absolutely no doubt Barry did this; I would literally bet my life on it.

There is no way to point the finger at anyone else, while at the same time removing Barry from the equation.

I wish they had a body. I wish they had a witness. I wish they knew where and how he transported her. I wish they had the answers to any number of questions.

That failure isn’t for a lack of trying; Barry simply got a couple parts right.

At the end of the day, those lies add up, the data tells a story, and the puzzle pieces will fit to form the best picture they can, despite some of those pieces being missing.

This case will be far from a slam dunk, but it’s probably as good as it’s going to get.

I do think it will ultimately be good enough.

 

[Momofthreeboys]

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.

Defense has all the case notes and info. There is no state surprise. There won’t be a plea deal unless they feel it is in his best interest in my opinion.

 

[NuttMegg]

He is probably making prayer hands. Ugh.

Maybe so, but it seems like editorializing on the part of the reporter, maybe she should mention the religious posturing he is performing.

 

[KrisCo16]

Is this really their best case for the prelim? As someone who wholeheartedly believes BM did this, I’m concerned about the type and amount of evidence shared during the prelim, as well as the presentation of the evidence. It all felt so sloppily tied together. If there were a jury and I were on it with this, I’m not sure I could move forward based on what the prosecution presented. Maybe I’d feel better if I had actually seen/heard how the prelim unfolded, instead of relying on tweets? Please tell me I’m way off in my assessment!

 

[oviedo]

I wish Grusing was asked to elaborate on this “tracking.”

I definitely believe that was true, but I’d like to know what form that took.

He was creeping around the house earlier in the afternoon (turkey), and there just had to have been a nefarious reason for that.

He texted Suzanne minutes before he got home (I think he wanted to know where she was, as he had the dart prepared by then).

Grusing has been around the block, getting inside the heads of a double wife killer and a father who killed his son (Henthorn and Redwine).

He fooled Barry to such a degree, that he even commented something to the effect of “how could you do this to me?”

So behaviorally, he knew Barry was tracking Suzanne. Maybe that’ll come at trial.

I also think those 11 phone calls to her phone will come into play that fateful Saturday afternoon
Imo

 

[CGray123]

Respectfully, I just reread his order and I suppose I could infer "he was already persuaded" but I don't. To me, one of the reasons for withholding it was that he was not convinced by it. So we will just have to agree to disagree on that point, keeping in mind that my legal knowledge is limited, making my assessment perhaps less precise than yours.
JMHO

Judge Murphy specified his reasons for temporarily restricting access to the AA. "I'm not convinced there's sufficient evidence to find probable cause" was not among them. Please point to the language in the decision that supports your view.

 

[Seattle1]

What did the judge do?

He failed to rule today at the conclusion of the PH whether or not the state met their burden to bind BM over to trial. He also failed to rule if state met PEPG (i.e., whether or not BM will be denied bail after being charged with a capital offense - 1st-degree murder).

ETA: To be clear, Judge Murphy has made it known that time is of the essence given the defendant is being held in jail, and the Sept 17, 2021 in-person hearing date to deliver the ruling, is due to the calendars of all the parties.

Ashley Franco@AshleyKKTV

Replying to
@AshleyKKTV
Important note- The judge said today it would be hard to find a date that all parties involved would be available, you're looking at two large teams on both the prosecutions and defense sides who likely have other cases that already have dates set for hearings.
@KKTV11News

1:40 PM · Aug 24, 2021·

 

[Trocroc9]

Maybe so, but it seems like editorializing on the part of the reporter, maybe she should mention the religious posturing he is performing.

Not a fan of the religious posturing. Very much like the Daybell case IMO. I don't think the majority of reasonable level headed adults fall for this conjecture when it comes to crime and murder. All jmo

 

[oviedo]

So after all that, no decision?

Yep

 

[Whitneyh]

To me, it sounds as if the defense has just won their client another month of sitting in jail in uncertainty, before he is bound over for trial.

They hammered and hammered the court with objection after objection. Throwing in unrelated items (eg: what does the DNA in Suzanne's car have to do with Suzanne going missing on a "bike ride"? Pretty sure most of us have other DNA in our cars from strangers who perform car service duties, car salespeople, people who previously owned the car, car detailers, etc). Doing all they could to muddy the waters.

While this is their job (sort of), they haven't given the judge a moment to think clearly.
It is a shame the decision has been delayed ... but I can see why the judge has to step away and go through the evidence, and be able to think clearly.

Can the judge bind BM over for Murder 2 when Murder 2 is not the charge? Surely the prosecution would have to change the charge for that to happen?

I have a headache from all their spinning. I thought the judge had the authority to reduce the charge. I might be wrong though. I’m just curious how often they actually need to think about it. In my experience it’s right away.

 

[gitana1]

bbm
Everything in your post was going well until the arrest warrant. We haven't seen the arrest warrant (have we?)

No, but judge had to have signed it because Barry was arrested.

Respectfully, I just reread his order and I suppose I could infer "he was already persuaded" but I don't. To me, one of the reasons for withholding it was that he was not convinced by it. So we will just have to agree to disagree on that point, keeping in mind that my legal knowledge is limited, making my assessment perhaps less precise than yours.
JMHO

I think the judge was clear about why he was withholding it and it absolutely was not because he wasn't convinced by it.

View attachment 310060
Pls see attached. Does this not indicate he is wary of trusting the AA? To me, he seems critical of it, as though he is wondering why a judge would have allowed an arrest to go forward using it. Maybe my own bias is reading too much into his wording but I would not infer he thought the AA was more than adequate to its task, rather that it hampered its task.

No. It does not indicate he is wary of trusting the AA, IMO. Instead, he is wary of releasing the AA for the clear reasons he stated - that doing so, especially unredacted, would hamper BM's ability to prepare his case. That's because there was apparently too much detail in the report that typically is not released until trial. So the judge didn't want a jury pool or potential witnesses tainted.

Is this really their best case for the prelim? As someone who wholeheartedly believes BM did this, I’m concerned about the type and amount of evidence shared during the prelim, as well as the presentation of the evidence. It all felt so sloppily tied together. If there were a jury and I were on it with this, I’m not sure I could move forward based on what the prosecution presented. Maybe I’d feel better if I had actually seen/heard how the prelim unfolded, instead of relying on tweets? Please tell me I’m way off in my assessment!

I don't know. I did not follow closely enough. But the fact that the judge is taking time to consider his ruling does make me believe that it is not a slam dunk as to Murder 1. But that's okay. Second degree is a lesser included and at least we should have that.

I believe he will be bound over for trial.

 

[CGray123]

To me, it sounds as if the defense has just won their client another month of sitting in jail in uncertainty, before he is bound over for trial.

They hammered and hammered the court with objection after objection. Throwing in unrelated items (eg: what does the DNA in Suzanne's car have to do with Suzanne going missing on a "bike ride"? Pretty sure most of us have other DNA in our cars from strangers who perform car service duties, car salespeople, people who previously owned the car, car detailers, etc). Doing all they could to muddy the waters.

While this is their job (sort of), they haven't given the judge a moment to think clearly.
It is a shame the decision has been delayed ... but I can see why the judge has to step away and go through the evidence, and be able to think clearly.

Can the judge bind BM over for Murder 2 when Murder 2 is not the charge? Surely the prosecution would have to change the charge for that to happen?

BBM.

I do not believe the judge can amend the charge to add Murder in the Second Degree, then dismiss the original charge. Only the DA can amend the complaint. If the judge analyzes the evidence and finds that one or more elements of Murder in the First Degree After Deliberation (or any other charge) are not supported by sufficient evidence, he has no choice but to dismiss it.

This decision is not a final judgment and BM could again be charged at a date of the DA's choosing.

 

[justtrish]

I follow these cases because I like trying to piece these mysteries together, and then watching the case ultimately come together.

I want to know everything that happened, and how everything occurred.

In that regard, I’m disappointed to not know the answers to certain questions. At the same time, I realize that some questions will never be answered, as the answers can only be known to Barry and Suzanne. One of them is a pathological liar, and the other one is dead.

I have absolutely no doubt Barry did this; I would literally bet my life on it.

There is no way to point the finger at anyone else, while at the same time removing Barry from the equation.

Exactly this! Let's say Barry didn't do it. So someone else did AND Barry still put his phone on airplane mode, tried to reset his truck system, lied about what time he left the house, lied about what he was doing, disposed of lots of trash in different dumpsters, didn't bring the right tools for the job, didn't remember what he did in the hotel for 6 hours, lied about their relationship, etc.. ALL on the day someone else killed or kidnapped his wife or the day she ran away. All those things just happened to happen AND she died by someone else hand? Makes zero sense.

 

[Megnut]

Let's look at what the defense brought forward.

Suzanne's affair

That there's partial DNA matches to 3 people who aren't Barry in Suzanne's car.

There's DNA that's not from Barry on the seat and handlebars of Suzanne's bike.

Barry is unable to move through walls.

Suzanne touched the cords to the security cameras in her own home.

When Suzanne texted that she was done, it could be she was done with her coffee.

Barry cooperated when allowed into the home to gather scent items from Suzanne's closet.

Barry knows where the Baggies are.

A lot of noise.

Little else.

Where have we heard it said -- if you have no case, attack the victim, attack the evidence (or evidence collection).

Make a lot of noise, with puffery, to seem bigger than you are.

I'm not fooled.

I wanted a ruling today but I can wait.

The Judge needs to defend his ruling. To make it appealproof. The stakes are high in every court case but M1 cases are dire. If we sense some deference to the defense, I suspect it's for that reason -- to make certain that the defense is rightly and fully heard.

IMO the delay favors the prosecution.

IMO if the Judge felt there wasn't enough evidence to move toward trial, would he need to itemize why he feels the prosecution didn't meet the burden? I think no. That's tbe prosecution's problem. I think we'd have had a fast ruling and a "sorry, try again."

Nope, he's taking time.

If he is going to bind someone over for trial, to remain incarcerated, toward a trial that may well leave him incarcerated for life, the Judge ought to spell out how he arrived at that decision. It's what is best about our system of justice.

And it gives the inmate another month to enjoy his surroundings.

I'm good with that.

JMO JMO JMO JMO

 

[bestill]

So what needs to happen between now and Sept 17 for this to be a slam dunk short of finding Suzanne? Ugh!

 

[Deleted member 222031]

Judge Murphy specified his reasons for temporarily restricting access to the AA. "I'm not convinced there's sufficient evidence to find probable cause" was not among them. Please point to the language in the decision that supports your view.

View attachment 310060
Pls see attached. Does this not indicate he is wary of trusting the AA? To me, he seems critical of it, as though he is wondering why a judge would have allowed an arrest to go forward using it. Maybe my own bias is reading too much into his wording but I would not infer he thought the AA was more than adequate to its task, rather that it hampered its task.

For the record, I do not believe Judge Murphy signed off on the arrest. I think he would have made his objections known & remanded it back to the DA for more cause.

 

[nodamselindistress]

Let's look at what the defense brought forward.

Suzanne's affair

That there's partial DNA matches to 3 people who aren't Barry.

There's DNA that's not from Barry on the seat and handlebars of Suzanne's bike.

Barry is unable to move through walls.

Suzanne touched the cords to the security cameras in her own home.

When Suzanne texted that she was done, it could be she was done with her coffee.

Barry cooperated when allowed into the home to gather scent items from Suzanne's closet.

Barry know where the Baggies are.

A lot of noise.

Little else.

Where have we heard it said -- if you have no case, attack the victim, attack the evidence (or evidence collection).

Make a lot of noise, with puffery, to seem bigger than you are.

I'm not fooled.

I wanted a ruling today but I can wait.

The Judge needs to defend his ruling. To make it appealproof. The stakes are high in every court case but M1 cases are dire. If we sense some deference to the defense, I suspect it's for that reason -- to make certain that the defense is rightly and fully heard.

IMO the delay favors the prosecution.

IMO if the Judge felt there wasn't enough evidence to move toward trial, would he need to itemize why he feels the prosecution didn't meet the burden? I think no. That's tbe prosecution's problem. I think we'd have had a fast ruling and a "sorry, tty again."

Nope, he's taking time.

If he is going to bind someone over for trial, to remain incarcerated, toward a trial that may well leave him incarcerated for life, the Judge ought to spell out how he arrived at that decision. It's what is best about our system of justice.

And it gives the inmate another month to enjoy his surroundings.

I'm good with that.

JMO JMO JMO JMO

AWESOME!!!