Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #103

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GatorFL said:
I agree. But the errors existed all the way back to the charging, which we know the CBI thought to be too soon. I guess that thought proved to be true.

Everyone thinks a second arrest will be a slam dunk and I don't agree with that. The prosecutors have laid their cards on the table and Iris surely has a formidable defense planned with what she knows. I still think she might bail out if a substantial new piece of evidence is found, but what else is there to find? Seems like all there is to find are Suzanne's remains.

And depending on where they're found and what they're found with could affect the case that the prosecutors have already built.
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I don't think they will refile until they are sure they have a slam dunk.

Things have a way of coming out over time. Relationships change over time. People can only behave for so long before they get comfortable and begin to slip up with words or actions. People will be watching Barry and waiting. I think he will eventually crack. He has anger issues, I believe that. Maybe that was mostly hidden from his girls as they grew up, but it will come out over time. They are not perfect and neither is he. He will get angry about something, he will get angry at Sho or a coworker, I think something will happen and someone will speak up. I feel like someone does know something. I don't know if it's Sho, one of the girls, or one of his friends, but someone knows something. It might not be that he murdered Suzanne, but something isn't adding up for one of them and I think like I said over time relationships change and nagging thoughts do eat away at people. Something will break one of them.
 
waldojabba said:
IMO if you were talking about anyone else but BM, I think you would have a good point about picking up shells. But just one look at the inside of his truck or his gun safe or even his garage - tell me Nah... BM doesn't pick up shells on his own property , it's just not his way....IMO
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His truck looked like that of a teenage boy, and that was after he made 5 trash dumps.

Where's that casing Barry? It should be laying outside, or in the trash...
 
CGray123 said:
RBBM. The MTD mentions the possibility that SM's remains, if found in the wilderness near PP, might provide exculpatory evidence. WE must assume the possibility exists. But I'm struggling to figure out what evidence the remains could provide that tends to reduce the likelihood that BM killed her.

If SM's remains are found, BM's gone girl defense is, well, gone. The small possibility that she is alive, which diminishes with each month, would be eliminated. Not helpful to BM.

If SM is found within the vast area BM could have reached within the 4 hour time window his devices were off in the early morning of May 10, 2020, the location does not help him.

If the remains provide forensic evidence that SM was strangled or drugged, shot or stabbed, the remains do not help him. (I suppose forensic analysis could be inconclusive as to cause of death, but again, is this "exculpatory"?)

WS seems to have lots of members who have more imagination than I do :) , so I'm hoping you all can help me out. How would finding SM's remains in a remote and mountainous location near the Puma Path residence be exculpatory for BM?
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I think one thing finding Suzanne near the home would prove is a stranger is very unlikely to have done it. It would mean a complete stranger staged a bike wreck, just to abduct her and not leave any evidence of themselves in or around the house, it means they took her phone and the charger for the phone, then killed and buried her near the house and tossed a bike helmet also. AND all of that happened the same day Barry was running around making trash dumps, and lying about working, and lying about lots of other things too, all the same week she asked for a divorce.

Man, it's just VERY unlikely that a stranger did all of that. Strangers don't typically bury bodies, they aren't likely to be linked to a murder unless they leave DNA or are caught on camera. It is so remote that they just don't need to do that. A person known to the victim needs to bury and hide things because they will be looked at immediately. Just my opinion, but finding her buried near the house would point to Barry even if there is no other evidence with the body.

Just had a thought thought, if she was in a bathing suit because she had just been laying out, then she should still be in that bathing suit, maybe the brown towel is with her, if he wrapped her in bedding or the towel from the house and left that with the body, that also suggests Barry did it. I think if they analyze something like a towel that was left with her and find no foreign DNA, it would point to Barry.

One more thought. If she was buried, then it might only point to Barry because the average person abducting her on a whim, then trying to bury her wouldn't be able to dig into the frozen ground in early May of 2020, but Barry would have been able to have a hole pre dug and he had access to equipment to do that in May 2020 where others wouldn't.
 
Momofthreeboys said:
I don't totally get what you are asking? Probably Barry picks up his spent shells...people I know do so they aren't lying around on their property. Chances are he loads a pocket full of shells and then does his thing and picks up the spent shells. I think the reason there was an unspent shell on the bedroom floor was because he had one in a pocket but of course that theory kills all the people who theorized that Barry didn't use that bedroom.
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Good afternoon, Momofthreeboys!

Kindly pardon if I misunderstand, but you suggest that in this briefest of intervals btwn Barry's return home, parking his noisy F-250 up the drive, running down to and entering his "workshop", exiting same to begin his search for his wife, resulting in the spaghetti tracings of satellite and cell data at theretofore historically unprecedented speed and location(s)..
... that, in this particular instance, there was no spent brass about the premises because Barry policed his cartidge casings then and there?

Nay, most respectfully, I must opine!

Now, I'm most certainly am not contending that Barry never polices his brass. But I am convinced, personally, that (1) he did not pause to search for and retrieve casings during this extraordinary run-up to imposing total control over Suzanne, nor did he do so afterwards because (2) time was of the essence and/or (3) because there was simply no need to do so inasmuch as {IMO, as is all preceding}, he never fired a .22 calibre anything on this occasion !
 
GOBliaison said:
Good afternoon, Momofthreeboys!

Kindly pardon if I misunderstand, but you suggest that in this briefest of intervals btwn Barry's return home, parking his noisy F-250 up the drive, running down to and entering his "workshop", exiting same to begin his search for his wife, resulting in the spaghetti tracings of satellite and cell data at theretofore historically unprecedented speed and location(s)..
... that, in this particular instance, there was no spent brass about the premises because Barry policed his cartidge casings then and there?

Nay, most respectfully, I must opine!

Now, I'm most certainly am not contending that Barry never polices his brass. But I am convinced, personally, that (1) he did not pause to search for and retrieve casings during this extraordinary run-up to imposing total control over Suzanne, nor did he do so afterwards because (2) time was of the essence and/or (3) because there was simply no need to do so inasmuch as {IMO, as is all preceding}, he never fired a .22 calibre anything on this occasion !
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I have no idea. I don’t know Barry at all so have no idea if he picks his shells out of the yard. People I do know do. Regardless, there is no forensic evidence now showing he even fired a gun during the time that LE used in their original trial attempt so I personally am not vested in what he did with shot gun shells honestly other than to mention that some people I know pick them up. I can easily imagine Suzanne not wanting them in outside areas around the house that are seen or used.
 
Ref. my post #325, above.

Kindly, recall Barry's oft-repeated story to LE/Grusing that he was "shooting chipmunks" on the critical afternoon he returned to PP.
But, of course, Grusing would have already known this would have been just before Suzanne went dark.

Thus, my contention:
No way could Barry be telling the truth, 'cause no spent brass was in evidence to corroborate this story!
​
Thus, hoisted again on own petard is this lying liar. Grusing deliberately did not disclose to Barry during their "discussions" that LE had found ZERO brass in their (it must be presumed) exhaustive search(es) of the grounds, but kept silent about it to let Barry keep shoveling deeper.

IMO, this particular:
"But dear Barry, no brass was ever found!" card,...​
... Grusing was going, and continues to hold close to his chest.

Golly-Gee, :eek:, I hope I've at last clearly restated my contention. You may be happy to hear that I'm giving up if I haven't.
 
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Seems to me at least two points of view are expressed here that are not necessarily incompatible.

First, there are those who look at the AA and (in some cases) the transcripts, and are personally convinced that BM killed his wife and concealed her body. There is no way to know whether this group is a majority of the relevant public in Chafee County, but it seems to be substantial if Judge L's venue rationale can be relied upon. It may be substantial more generally: IE's claim for compensation is based on the premise that there is no way to convince the general public otherwise after publication of the AA. In any case, this view cannot easily be dismissed - especially when the rationale for dismissal is the uncertainty of court decisions and jury deliberations, which do not figure in the personal viewpoint analysis.

Second, there are those who look at the court proceedings and see - reflected in actual experience - how a case that meets the probable cause standard can be undermined by prosecutorial mismanagement, resulting procedural and fairness issues, expert witnesses who aren't so expert, and the poor trial skills of some prosecutors. The defense's success in these respects leads to worries that they might succeed in suppressing much other evidence, or at least in creating reasonable doubt about it in the minds of a jury. They are reminded - rightly or wrongly - of other cases where the result in court did not match the verdict in the court of public opinion. This POV cannot lightly be dismissed, either. More importantly, it can be true even for people who, like me, also believe the evidence described in the AA presents a compelling circumstantial case for BM's guilt.

I would add a third category of comments - those expressing a truth based in the poster's own worldview, intuition, personal experiences and reactions. Although this may be convincing only to the posters individually, it is useful to see such views posted here, and to know - as if we need reminding - that unscrupulous leaders have encouraged their followers to believe that irrational beliefs are as valid as beliefs based on evidence, reason, and common sense. IMO, we should have respect for the individuals who have been so misled, even as we analyze their views and find them wanting. All MOO, and a note to self.
 
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Given Barry corroborated the GPS data it would be hard for the defence to claim the GPS was not accurate.

Especially if Barry does not testify, counsel cannot invent other actions for him contrary to his own statements.
 
Would love to see the depositions of some of the major people in this case such as MJ, Jeff, and the daughters. We are missing some major pieces of the puzzle. Gone girl scenario is highly unlikely. Boyfriend or husband are most likely suspects in any disappearance/murder. Barry's lies and actions seem damning enough.
 
mrjitty said:
Given Barry corroborated the GPS data it would be hard for the defence to claim the GPS was not accurate.

Especially if Barry does not testify, counsel cannot invent other actions for him contrary to his own statements.
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I think what gps info they have aligns with Barry’s story snippets we know except for the 90+ Feet in the driveway. The absence of gps would is more interesting. The telematics I don’t understand so would need to hear expert testimony on both sides before I form an opinion. We never heard anything about Suzanne’s car.
 
Linda Stanley was brave.

She ran against an opponent who was too chickensh*t to bring the Bev England case to trial.

She was goaded by Spezze, the public, people on social media, and citizens of Chaffee County, to get BM arrested, charged and brought to trial.

She had BM charged, put behind bars and presented a 129 page affidavit that has been picked apart to pieces - mainly by BM’s pricey defense team. It’s been deemed prejudicial by a judge, but not non-factual.

She depended on a team of associates that may have failed her. We don’t know why. I have my own suspicions as to why. She had her circumstantial case destroyed by a judge who has since stepped down.

Linda Stanley is not responsible for Suzanne’s murder.
She is currently responsible for bringing justice for her murder.

I believe she will continue to work towards prosecuting this case. She wants Suzanne’s body found, per the family’s request and to bolster the case. No-body cases are not impossible to win, but they are difficult. LS says they have leads on finding Suzanne’s body. I have no reason to doubt her.

Until then, we wait. This case isn’t going away.

For now, Barry Morphew walks free.
Justice has not been served for Suzanne Morphew.

Yet.

JMO
 
Candidate Linda Stanley said, "...[T]his district is hungry for an aggressive and tough prosecutor...” She also said, with respect to cold cases, "The District Attorney’s office should never require a case to be wrapped up in a big, red bow in order to go forward with charges. Sometimes, the only justice that a victim gets is going to trial." With SM's disappearance on everyone's mind during the campaign, and with a long-simmering conflict between Sheriff Spezze and DA Molly Chilson whether to commit DA resources to a grand jury in the Beverly England investigation also in the public mind, Stanley undoubtedly felt pressure to live up to her own bold promises in both these cases.

But she's the one who fostered and benefitted from these expectations. The pressure was not imposed on her, and it is not an excuse for her decision to file charges against BM before the case was ready. IMO, that is foolish, not brave.

P.S. Note that LS has not established a grand jury or filed charges on the Bev England case. If her predecessors' decisions not to support a grand jury investigation were "gutless" what about LS?
 
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CGray123 said:
Candidate Linda Stanley said, "...[T]his district is hungry for an aggressive and tough prosecutor...” She also said, with respect to cold cases, "The District Attorney’s office should never require a case to be wrapped up in a big, red bow in order to go forward with charges. Sometimes, the only justice that a victim gets is going to trial." With SM's disappearance on everyone's mind during the campaign, and with a long-simmering conflict between Sheriff Spezze and DA Molly Chilson whether to commit DA resources to a grand jury in the Beverly England investigation also in the public mind, Stanley undoubtedly felt pressure to live up to her own bold promises in both these cases.

But she's the one who fostered and benefitted from these expectations. The pressure was not imposed on her, and it is not an excuse for her decision to file charges against BM before the case was ready. IMO, that is foolish, not brave.

P.S. Note that LS has not established a grand jury or filed charges on the Bev England case. If her predecessors' decisions not to support a grand jury investigation were "gutless" what about LS?
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I recall that LS expressed that she had wished to call a grand jury for this case but because of COVID limitations at the time, was prevented from doing so.

ETA: I believe she was asked about and responded to this question during one of the PE interviews, but will have to check my notes/replay the video for a link. If anyone else locates it before I am able, I'd much appreciate your posting it.
 
Diddian said:
I recall that LS expressed that she had wished to call a grand jury for this case but because of COVID limitations at the time, was prevented from doing so.

ETA: I believe she was asked about and responded to this question during one of the PE interviews, but will have to check my notes/replay the video for a link. If anyone else locates it before I am able, I'd much appreciate your posting it.
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I recall the same @Diddian. Here it is from August 30, 2021.

 
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