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

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Welcome to WS! :)

If the sheets are gone, that is suspicious, but if the sheets are washed that is typical for Suzanne when guests are coming over. I believe washing sheets was also on her list. If the sheets disappear, then it's very damning for Barry.

One thing I wonder about is if the prosecution doesn't have a clear cause of death since there is no body. They may have hesitated to put out an exact story so that as they continue to investigate and look for her and as new leads arise they can shift that story and not be seen as presenting one thing at the PH and another at trial. I think they have time before they need to lock in a concrete story and I just hope they can find her body before then so it all will be much easier to piece together.

Thanks for the reply. You make a good point - if the sheets disappear, that alone is suspicious so if its possible to wash them and not disappear them that is a better option.

You are right, there was a to-do list (my impression) that included washing Mallory's sheets. Its very possible that Suzanne took them off the bed and this whole topic is unrelated to her disappearance.

IMO
 
JMO but if Suzanne's journal was on the nightstand, it was a gratitude journal, intentionally sanitized.... probably about lofty ideals like forgiveness and reconciliation, the joys of motherhood.... suitable for prying eyes...

IMO Barry wouldn't have tolerated it, long before that day, if it contained a harsh word about him...

IMO he burned it, not because of what she wrote, but that she wrote it; he wanted to destroy her. All of her.

She was dead to him.

JMO
 
If the pen captured that altercation, I have no doubt it would have been played in court. It couldn’t have.

Hope I'm doing this right.

I agree with this. If you care to go down the rabbit hole, WHY didn't the spypen capture the sound of the altercation? The simple answer seems to be that there wasn't really any altercation and this is just more innuendo by the prosecution. Perhaps this is even a distraction by the prosecution to mention something they won't bring up at trial because there is no there there. I don't know.

There are other options, of course. I read somewhere here that some of the recordings on the spypen were faint and/or difficult to hear. I would think that the altercation would be among the louder noises in the house but maybe the spypen was positioned in a way that the sound capture was poor.

IMO
 
Thanks for the reply. You make a good point - if the sheets disappear, that alone is suspicious so if its possible to wash them and not disappear them that is a better option.

You are right, there was a to-do list (my impression) that included washing Mallory's sheets. Its very possible that Suzanne took them off the bed and this whole topic is unrelated to her disappearance.

IMO
It is on topic. She did not strip the bed if she was planning to run off later that day. She was gonna do the wash but was murdered first.
 
Hope I'm doing this right.

I agree with this. If you care to go down the rabbit hole, WHY didn't the spypen capture the sound of the altercation? The simple answer seems to be that there wasn't really any altercation and this is just more innuendo by the prosecution. Perhaps this is even a distraction by the prosecution to mention something they won't bring up at trial because there is no there there. I don't know.

There are other options, of course. I read somewhere here that some of the recordings on the spypen were faint and/or difficult to hear. I would think that the altercation would be among the louder noises in the house but maybe the spypen was positioned in a way that the sound capture was poor.

IMO
There could be a couple of reasons:

It was in a closet, in a drawer, which could have made it too quiet to activate.

The pen wasn’t turned on, so it wouldn’t have been activated by sound.

I’m of course open to this occurring in a different location, but it doesn’t change anything for me.
 
JMO but I also think, since Suzanne kept her journal in plain sight, she was aware it might get read.... and therefore, as I said above, it was about ideals.... working through her childhood, working through cancer, being her best self.

It's the sort of thing that could bring great comfort to those who mourn her loss.

Something to remember her by.

I guess it wasn't enough to take her life; he wanted to erase her.

JMO
 
There could be a couple of reasons:

It was in a closet, in a drawer, which could have made it too quiet to activate.

The pen wasn’t turned on, so it wouldn’t have been activated by sound.

I’m of course open to this occurring in a different location, but it doesn’t change anything for me.

I can't imagine putting it away in a box and then the box in a closet and not turning it off. She wasn't using it as alarm.

I have thought throughout this closed audio/video PH wouldn't the ultimate irony be if someone attended with a spy pen ;);)
 
Unfortunately for Barry, burning her journal singularly takes the heat off the mountain lion, anyone related to anyone who may have at one time made contact with the glove compartment of Suzanne's vehicle, any bike toucher, every abductor.

None of them would bother with it.

The journal was personal. The murder was personal.

He couldn't resist it, and it incriminates him alone.

A touch of poetic justice.

JMO
 
Judge bashing on various personal grounds seems to abound here. IMO, totally based on personal prejudice. Just FYI, here's what the Colorado Office of Judicial Performance Evaluation said when they recommenced him for retention by the voters in 2016 (BBM):

"Judge Murphy is the Chief Judge of the 11th Judicial District. Besides his administrative duties in that capacity, he presides over criminal, civil and domestic matters in his courtroom. Based on the survey results of attorneys and appellate judges, Judge Murphy received an overall combined rating which exceeds the combined rating of all district judges standing for retention. Judge Murphy's overall performance rated by non-attorneys responding to the surveys was consistent with the combined rating of all district judges standing for retention. Judge Murphy was perceived by non-attorneys to be more lenient in sentencing than the combined rating of all district judges standing for retention. Judge Murphy received high marks from attorneys for his case management and application and overall knowledge of the law. Judge Murphy’s calm and respectful demeanor in the courtroom was observed by the Commission during their observations, and he received positive comments for his patience and dignity by survey respondents."
I didn’t think I was bashing the judge. I merely stated that all persons bring with them personal biases based on their own life experiences. I also stated that I hope he will be able to look past his.
Shouldn’t this sentence have also been highlighted by you if we are to fully assess the judges leanings:
“Judge Murphy was perceived by non-attorneys to be more lenient in sentencing than the combined rating of all district judges standing for retention.”
 
IMO

New poster and new reader here. I hope its okay if I share some thoughts.. I skipped about 70 threads so I may be missing some key facts but here is my perspective based largely on the PH.

Regarding the PH, my understanding is that the prosecution's goal is to just barely clear the relatively low bar of probable cause. They don't need beyond-a-reasonable-doubt and don't aim for it. I think they cleared that bar. However, if you'll forgive the mixed metaphors, I would have liked to see one solid nail in the coffin. My perception is that the prosecution wood-glued the thing shut, but no nails.

Two things stood out to me that I thought could be very powerful but turned out not to be at all.

First, the broken door jamb. The door in question was the entrance to the master bedroom and the spypen was located in the bra box in the master bedroom. Clearly the prosecution is implying that Barry broke the door jamb while breaking into the room to harm Suzanne. If it happened that way the spypen should have picked up the sound. Why not play the sound in court?

Second, there was just a small implication of domestic violence, something about Barry's hand brushed against Suzanne's nose and (I think) caused it to bleed. Again, clearly the prosecution is trying to make this a big deal and implying there was more to the story. Is that all they have, though? If that is the best evidence of DV then I'm sorry, its poor. If the prosecution has more, why leave it at innuendo rather than present a more clear-cut example?

There are a few allegations that I have read on WS for which I haven't seen evidence (again, I skipped a lot) and that no evidence was presented at the PH. This leads me to believe the allegations are false. These include: 1) Barry cheating on Suzanne, 2) domestic violence (except the above), 3) money problems in the marriage.

There are also a few allegations that were disputed in the media and/or on WS and I think we have clear evidence that they are factual. 1) Suzanne's affair, 2) Suzanne wanted to sell the Indiana house, 3) spying within the marriage, though it went the opposite way as expected.

There remain many open questions. 1) Chlorine - its not crazy to me that the smell in the hotel room was from the pool but I also wonder about the empty bottles in the Range Rover. Undecided. 2) Tranquilizer dart - I understand the theory but it seems like more work than is necessary to do the job, especially for a premeditated murder. Why complicate the action in that way? Maybe there was some grand plan that went wrong? I don't know. 3) No DNA and no blood anywhere - Yes, I've seen every episode of CSI twice so count me in as having high expectations of the prosecution in this area but, seriously, none? That sucks. 4) Mallory's sheets - At first I thought they were used to transport the body, but they were found in the house. What sort of evidence could have been on the sheets but that a person would reliably believe would be washed away? Tranquilizer serum? If there was evidence, why not disappear the sheets along with the body, just in case? I cannot connect this dot.

Before you all call me names, yes, I can see that there are a lot of questionable points about Barry's story. I might be able to believe 1, or 2, or 3 of the points but taken together its difficult. I haven't heard enough to convict him but, again, I don't understand that to be the point of the PH.

I welcome feedback on the above and will respond if its civil and fact-based, as I understand that to be the reason WS exists.

I will not argue pure speculation nor will I will answer criticism that I'm not sufficiently anti-Barry. I don't understand that stuff to be the reason WS exists.

Thank you for letting me share my thoughts.

I think it's possible the spy pen was out of battery/no longer in use. Or that Suzanne had what she needed and didn't want to have it automatically recording every thing said and done in her bedroom (which is what a normal person would do, IMO). She probably used it for specific recordings, perhaps involving things said by Barry during their fights (that's what has been said).

As to the witness that you seem to want to require to come to court, I think it is a tremendous stress on all of those individuals and not at all traditional to interrupt witnesses' lives at this stage in the proceedings. The Judge has their statements as part of the 4Tb of evidence.

This was a preliminary for the defense to challenge the basic outline of the prosecution's case. This particular Judge is very keen to protect not only the daughters but also the witnesses, and that is not an uncommon stance for a judge in a murder case.

I think chlorine has become a non-issue.

We did not hear from witnesses who may know about the DV (including Suzanne's sister and especially SO, but perhaps others). DV is highly emotionally charged and I think it's good to protect those witnesses - especially if the Judge thinks that Barry's own admission (clipping her on the nose; "bumping" her with his body but not using his hands/arms) is not enough. Under CO law, that's DV. It can be combined (or not) with any of the other charges. It's possible the Judge will see it your way. I think there's evidence on the pen of emotional abuse, and I think Barry himself provided admissions of financial control (was he really joking? Suzanne's stepbrother painted an interesting picture...don't know if the Judge saw it).

But the Judge has seen all that we haven't. He's seen the text from Suzanne to her sister. He's the one who has to decide if it's enough.

Sheets are also irrelevant, IMO. What is relevant is that Barry admitted to coming home at a certain time, just before Suzanne's last "proof of life," and he admitted to having a weapon and shooting in the backyard. If I were a neighbor who heard that and had given a sworn affadavit, I would want my name redacted at this point in time.

The Judge can view the entire surveillance tapes from the HEI or anywhere else, will know if any trash has been recovered and what that is, etc.

If the Judge decides it's not Murder One, then that's his decision. But bleach, sheets, missing prescriptions are probably irrelevant. I do wish they had tested for DNA on the plate and silverware in the dishwasher and on that cup of coffee (heck, maybe they should have looked at whether the microbial load inside the coffee could give them a time when it was last hot...)

Maybe they did do those things - I feel that the Judge felt he had plenty on which to make his decision, so he didn't want any more.
 
I can't imagine putting it away in a box and then the box in a closet and not turning it off. She wasn't using it as alarm.

I have thought throughout this closed audio/video PH wouldn't the ultimate irony be if someone attended with a spy pen ;);)
Wouldn't that be priceless? But not worth the consequences unless they have a nice spot to hide already picked out South of the Border.
 
As to the witness that you seem to want to require to come to court, I think it is a tremendous stress on all of those individuals and not at all traditional to interrupt witnesses' lives at this stage in the proceedings. The Judge has their statements as part of the 4Tb of evidence.

I don't have any idea what you're talking about here. Can you name the witness that you think I want and explain why you say so?
 
Can someone clarify the rules of the PH for me, please? The judge is limited to making his decision based on what was presented in court and cannot rely on the AA, right? Not that I think the outcome would be different in this case, but I'm still curious. Thanks.
 
Thank you for mentioning the friend with the Indiana wedding. Speculation was that Suzanne's last, interrupted conversation was with this friend. Based on the PH, it sounds like the interrupted conversation was with the lover. Did anyone interpret things differently?

IMO

I noticed that too. I felt bad for SO. She also learns SM used her as an alibi to meet JL.
 
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