Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #78 *ARREST*

[Diddian]

isn't it easier just to turn the sound off? I suppose it depends on the phone though. I don't get this airplane stuff - although I did read on one of the threads it saves battery when you are in the dark zone (with no service).

I'm only just beginning to learn about it in relation to this case.

But, from what I've learned so far, when on "Airplane" mode the phone has turned off all wireless transmission functions, including Bluetooth, WiFi, cellular, SMS data, GPS, and Near Field Communications. (Near Field Communications are wireless connections that occur between microchipped devices in close proximity to each other - it sounds to me similar to "Air Drop" between two Apple devices but with shorter distance capability, like payment accepted from a microchipped card that is tapped against or waved above a contactless card reader.) On some devices, it is possible to manually turn some of those individual functions back on while in "Airplane" mode to gain access to those specifically while remaining inaccessible to the rest.

 

[girlhasnoname]

I personally hope and feel that Suzanne's neighbor who called 911 and actually reported her missing is going to be an important witness at trial.

Suzanne spent 2 hours with her on May 6th, maybe Suzanne had a real life confidant that BM didn't know about? Keeping fingers crossed.

 

[girlhasnoname]

DBM
dreaded double post

 

[cattlekate]

I understand the PH isn’t designed to present a narrative but is designed to show collected evidence.

However, I still wonder about:
1) When and how did the Garfield Mine come into play?

My understanding is BM admitted to making a left onto hwy 50 to follow a full-antlered bull elk. But does the GPS/phone data show that? And if it didn’t, why not?

Did Barry state where he turned around and the time he did that?

Was the Garfield mine and the roads up to it extensively searched? Is the mine abandoned? Is it on private or public lands? Does Monarch Lodge have cameras and were they inquired about?

Did LE recreate that left turn drive under the same conditions as 5/10/20? How dark was it when BM left on 5/10/20? Did Colorado Parks and Wildlife weigh in on how likely a full-antlered bull would be around the county road and state hwy 50 in mid-May?

2) There are various definitions of SM’s phone pinging near Poncha Springs early 5/10/20. But was her phone moving or just signal-roaming from PP?

3) Did or did not Suzanne’s Range Rover have recorded GPS?

4) When the searches were performed, were the searchers just looking for a body or were they looking for disturbed land?

5) This is minutia but did MM1 have a Spring Turkey permit? Was she interviewed if she shot a turkey and let it wander away by the river?

 

[oviedo]

Excellent post JosieMae.

What has always struck me is how arrogant and entitled BM has appeared from the very beginning of this case. His lack of conforming to rules, from things big to small, shows me just how self absorbed and uncaring he is to everyone in his life.

I think Suzanne paid the ultimate price for not continuing to fall in line with BM's dominance.

MOO

I could not agree with you more - I would add vain as well.
JMO

 

[10ofRods]

And according to NG, BM is video chatting with 7 women while he's sitting in Chaffee County Jail so there's that.

Crime Stories with Nancy Grace

All but one of them is either a relative or his lawyer.

 

[perception≠reality]

We really need the AA to get a grasp on this.

That live shell in the bedroom means something, but I don’t have a clue what that is.

The 22 also means something, but I don’t know what that is either.

Barry says he shot deer recently with the dart gun (different from the 22), but the initial investigator said it didn’t look like it could fire.

So I don’t know what the hell is going on.

I theorized a few threads back that the unspent bullet could’ve come from Suzanne trying to frantically load a gun for protection before Barry forced the door to get to her. I believe he didn’t realize she dropped a bullet when doing so. Would you lean more toward that, or it falling from his shorts? Both are plausible. I just think he would’ve tried harder to locate it when he stripped his shorts to throw them in the washer if that were the case.

I’m so ready to see the AA so I can understand the weapons and their locations a bit more. Perhaps you know, is the 22 the weapon labeled as a short rifle, or are those two separate items? I know next to nothing about guns.

The missing towel (and the gps/ping data) leads me to believe whatever happened started when Suzanne was still sunbathing. I don’t understand how or why her bathing suits were not taken into evidence, unless they just didn’t have that photo yet to realize their significance. I don’t think the sheets have anything to do with her murder at this point. Just the other things that were tossed in to dry with them later.

 

[Momofthreeboys]

Great post. Will a juror think differently than someone who has followed the case for 15 months? Will the jury find out about his altercation at a job site back in Indiana? Will they get to see his 27 second plea for SM? Will they watch his secret interview with TD? These puzzle pieces have helped form my opinion of BM.

I doubt the altercation will come up at all. Both were charged so sounds to me like it's a non-issue and the other aggrieved person used the opportunity and media exposure to get his grievances out and his POV which has nada to do with Suzanne's disappearance. The other two instances are debatable. I could see both sides using the very same footage to support "their" sides in my opinion. That's the problem inherent in this case.

 

[Momofthreeboys]

IMO; It almost seems like this PH was a test, as in the Prosecution was starting to build up some things that they have and share some of their story line. I think they are smart and not letting on what is really in the 130 pages, it doesn't seem like we heard much of what a 130 page AA would have, but I don't know. I think the AA may be enough to seal the inevitable and so they are getting some of these things out that will certainly be disputed, while at the same time starting to reveal that they do have quite a bit and BM has some explaining to do. The defense continues to show how they are going to be.

Was thinking about how the items that were presented would go with BM on the stand answering detailed questions about those items when he is asked to explain some of the items while trying to keep his story together. Might also be somewhat entertaining to see the Jury reactions to the explanation he gives to the chipmunk hunting when even the native jumping mice are a protected species in CO...

The prosecution has done a great job at keeping tight lipped about what they have and what is in the AA, not really letting on to their side of the story. Watching the prosecution seems to me like they trained well in poker face, at least I hope so.

Why present or pick the bits of evidence that they did out of the 130 pages...

Just some random thoughts in my opinion

Barry won't be on the stand. His lawyers will strongly and vigorously work so that doesn't happen. It's his right but he's smart enough to let them handle it. I'm sure he is regretting greatly not hiring a lawyer from the get-go.

 

[10ofRods]

I'm only just beginning to learn about it in relation to this case.

But, from what I've learned so far, when on "Airplane" mode the phone has turned off all wireless transmission functions, including Bluetooth, WiFi, cellular, SMS data, GPS, and Near Field Communications. (Near Field Communications are wireless connections that occur between microchipped devices in close proximity to each other - it sounds to me similar to "Air Drop" between two Apple devices but with shorter distance capability, like payment accepted from a microchipped card that is tapped against or waved above a contactless card reader.) On some devices, it is possible to manually turn some of those individual functions back on while in "Airplane" mode to gain access to those specifically while remaining inaccessible to the rest.

When my phone is on Airplane mode (which it is, almost all the time), it still has wifi. It still has GPS. And when my phone has no cellular, it still has GPS whether on airplane mode or not. This is true of my current iPhone and it was true of my last one as well.

There would be no way to use wifi on an airplane if it were true that it didn't allow wifi. And there would be no way for me to use maps when I'm in the mountains if it didn't use GPS separately.

GPS is completely separate from Airplane Mode and is not turned off by Airplane Mode. There are two other settings (maybe three) that you have to use to turn off GPS availability, and even then, it's not clear that the little blue dot on Google maps won't keep moving (a bit less smoothly) with those switches turned on.

There have been several cases here in California where phones that were on Airplane Mode and had location services off...still had Google tracking them as they committed crimes and that has led to bodies.

What exactly are people thinking that LE showed about Barry's movements around the backyard if he had it on airplane mode? The phone doesn't look like it went inside the house (much)...or we haven't been shown that if it did. So maybe Barry left his phone in one place once he was done shooting chipmunks.

ETA: Just put my phone in Airplane mode. I am still hooked up by bluetooth to my headphones, I still have wifi. Google maps is still accurately placing me. FindMyPhone still works (I could disable that separately) and the only thing that isn't working is...cellular.

 

[Momofthreeboys]

Regarding the chlorine smell in the room, and the statement that it was from the pool.

I just read Colorado Covid timeline and came to the conclusion that the state responded fast. Schools were closed on March 16, ski resorts and gyms, in March. Given this, I seriously doubt that the swimming pool in Broomfield, CO, stayed open in May as it would be a violation of Covid policies given that the gyms were closed at that time. If the hotel closed the pool, though, and pumped out the water, the smell of chlorine for 4 months in a room below would indicate serious violation of building codes, or leaks. Having stayed in multitude of hotels, and motels, and inns, in the country and all over the world, I never heard of such a situation, the smell of chlorine in a room above the pool. It would be interesting to see if the pool is even below the rooms, but if it is, as it sometimes happens, there is additional insulation.
P.S. read reviews about the inn on Travelocity and some on Hotels.com. Mostly, positive; people would mention slow room cleaning service. No one said a word about the smell.

I believe the tweets yesterday exposed that when questioned the hotel responded that it was the pool and that the rooms booked were above the pool. I personally think the chlorine/bleach theories at the hotel won't come up again. If this goes to trial, my theory is the prosecution will greatly tighten up their case to only evidence that can't be explained reasonably or has already been countered reasonably.

 

[O.Incandenza]

It has never made sense to me. Could you please explain why he would find the AA adequate for an arrest then turn around and criticize its length and probative value. I just don't get it. TIA
MOO

He didn't criticize the probative value of the entire AA. He just said that '...a significant portion of the information in the Affidavit was not relevant to the Court's finding of probable cause." So he's questioning the probative value of some the things they included, rather than of the entire AA.

By way of (silly) example, imagine an elementary school teacher assigned the class an essay on Goldilocks. Little Suzy wrote the best essay that the teacher had ever seen on the subject. However she also included footnotes on every page explaining why Johnny, who sits next to her, is a giant poopyhead. The teacher would be correct in saying both that Suzy had written an amazing paper on Goldilocks and that the essay contained irrelevant and inappropriate content.

For issuing an arrest warrant based on the AA, the only thing that matters is whether the relevant information in it establishes probable cause. The extraneous information is just irrelevant. And Judge Murphy obviously felt that the relevant information was sufficient to show probable cause, since he signed the warrant. For releasing it publicly, the irrelevant information included becomes an issue since it will be released as well. It's a bit of a catch-22 since it's hard to know how reasonable his concerns are without seeing the information that he's concerned about. But say for example that the AA includes a transcript of all of the messages between SM and JL, including photos. Only a small portion of those messages are relevant to probable cause. But the content of the rest of the messages would probably generate fairly intense media (I can imagine the Daily Mail headlines) and social media attention for a while and might be quite devastating to the daughters/Suzanne's family.

It seems like the eventual solution is redaction. Hopefully they do that and release it soon. My personal impression of the judge so far is that he seems careful and cautious. Those can be good qualities in a judge, but they can also be taken too far.

 

[girlhasnoname]

I could not agree with you more - I would add vain as well.
JMO

How could I forget Vanity?! You know it's killing him not to be able to work out, tan and get his 'tips' frosted while in his concrete prison.

 

[oviedo]

I'm curious what prompted the dig at the house site - it was not brought up at all IIRC
Police and FBI wrap up search at property where missing mom Suzanne Morphew's husband worked | Daily Mail Online

so no evidence at all?

 

[gliving]

What I cannot fathom is that if BM is her ATM, how did she manage to go and meet JL unless JL paid for her travel. And what was BM doing during those trips ? If SM had been working she could have disguised them as work trips. How did she manage to hoodwink BM and managed to have an affair across states ? I guess it could be that BM never thought SM was capable of cheating and may be trusted her. So it could be that during the weekend, either SM could have admitted the affair to him so that he would leave her or he could have come across the chats and went on to murder her. I believe what JL has said that if BM had known earlier he would have definitely clashed with JL knowing he had a family as well.

I assume her credit cards.

Barry Morphew had injuries to his hands and scratch marks on his arm after wife's disappearance

In Suzanne Morphew’s vehicle, investigators found her purse, which held a wallet with her driver’s license, a medical card, credit cards and cash.

 

[MrX]

Did anyone record the PH and publish a transcript? I'm sensing that we are getting into a game of "telephone," where we are guessing based on erroneous posts.

 

[10ofRods]

Maybe he didn't give permission immediately? I don't think that the police can just infringe on a person's body without their permission or a warrant. Unless they are arresting them or restraining them, of course.

I know that the police have had to get warrants to take a DNA test on a person who didn't comply. Presumably the same thing applies if they want a person to strip down and allow them to examine and take photos of marks on their body.

In most states, a request for a view of arms and hands, as well as a cheek swab for DNA, are not considered violations of the constitutional right to avoid self-incrimination. And if cops ask you for a breath sample or a urine sample, even if they haven't arrested you, failure to provide same may well result in an arrest for suspected concealment of evidence.

IOW, while they may have been playing nice with Mr Morphew on Sunday, they could have and should have asked him to come to the station, at least so that they could separate his DNA from any possible stranger DNA (say on the broken door frame). At that time, they would have also asked to see his upper body. If they had wanted to at that point.

 

[24Brix]

He's doing his job. He will go over his notes and tick off the boxes as elements of the charges are supported by evidence that was presented at the hearing. He cannot rely on the AA for this decision. This case is extraordinary in the amount of evidence he must consider, and he is going to do his due diligence in making his decisions, on probable cause AND bond eligibility.

ITA.

And, IMO, the defense was trying hard to assert that SODDI and that BM had no involvement whatsoever. But here’s the thing…

IMO, again, an SODDI defense at the PH will to little to keep the defendant from going to trial. Because it doesn’t actively negate the assertions of the prosecution, it only calls them into question. And those questions are resolved with trials.

To avoid trial, the defense needed to eliminate the prosecution’s assertions, not simply call them into question. For example, “Security video shows the defendant was at a shopping mall with his phone in Airplane Mode during the time the prosecution alleges SM was murdered.” Or, “Witnesses testify the MB doorframe was already broken at the time the property was sold to the Morphews.” Or even, “SM was involved in an extramarital affair with a person with a known history of partner violence who threatened her to leave BM “or else” in text messages.”

But the defense did none of these things.

They could also have pressed hard that the contents of the AA were puffery and that BM should never have been arrested to begin with. But they didn’t really do that either. They simply offered different interpretations of the information received in discovery. And that alone is not enough, IMO.

And so, I believe the case will go to trial. And probably with the M1 charge intact for the same reasons noted above — nothing was presented by the defense to specifically counter the assertion of premeditation. They couldn’t, because how could BM premeditate something he didn’t do? (Even though he did do it.)

MOO.

 

[10ofRods]

If they can hurry it up and find SM, her fingernails could have BM DNA under them from those scratches still, correct?

Sadly, at this point, she is very likely only a skeleton. However, someone mentioned yesterday that if long bones are found (the ones with marrow) it is possible there could be evidence of ketamine (or whatever drug) in them. I think it's a remote possibility. Her hair might still show whether she had indeed been abusing certain street drugs (I think Barry is just anti-cannabis which is not a street drug in CO).

I'll try and find time to look up the bone marrow research today. The only cases I know about are ones in which people drowned in natural bodies of water that contained microbes (which traveled from the lungs into the blood stream and then turned up in significant enough numbers in bone marrow, even though the entire drowning probably only took 5 minutes). Forensic anthropologists were able to match the little critters to a specific body of water.

 

[K9Enzo]

Barry won't be on the stand. His lawyers will strongly and vigorously work so that doesn't happen. It's his right but he's smart enough to let them handle it. I'm sure he is regretting greatly not hiring a lawyer from the get-go.

I think there’s a strong possibility if he had attorneys, especially his current ones, early on he would not been arrested in May. IMO