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

[SouthAussie]

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.

BBM
I don't think 2nd degree is included in the charges. They just went for Murder One, and a couple of other charges.


The man who is charged with first-degree murder in the disappearance and presumed death of his wife now faces two additional charges of tampering with a deceased human body and possession of a dangerous weapon.
Barry Morphew charged with new counts in death of missing wife | 9news.com

(There is also an unrelated voter fraud charge.)

 

[gitana1]

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.

Per my law partner, who does criminal, the state would have to amend the complaint.

 

[Bluebythec]

If, in September , the judge rules that there was not enough evidence for the M1 charge and he releases him., can the DA immediately rearrest him on M2? LIke before he even leaves the building?

 

[k-mac]

well...
That's all sour milk on my cereal this morning!

Have only read a couple pages of disappointing thoughts and opinions so far.

Did the prosecution bring anything of relevence to the table for day 4??

Someone give me some good news

 

[Trocroc9]

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

And the judge said to the defense we know she wasn’t happy in the marriage to shut her up. That made me smile a little… ok a lot ! All jmo

 

[Warwick7]

Well, he's special and all.

2 BAMS for me:
1) He was tracking Susan
2) When asked about DV, he said he clipped her in the nose once, by accident of course

Sounds good to me!!!

 

[gitana1]

BBM
I don't think 2nd degree is included in the charges. They just went for Murder One, and other smaller charges unrelated to murder.

A lesser included means that the jury can find a person guilty of a lesser crime, if all of the elements are contained within the greater crime that was charged.

So if the evidence for first degree isn't strong enough, then the jury can find him guilty of second degree murder even if second degree murder was not charged.

 

[SouthAussie]

A lesser included means that the jury can find a person guilty of a lesser crime, if all of the elements are contained within the greater crime that was charged.

So if the evidence for first degree isn't strong enough, then the jury can find him guilty of second degree murder even if second degree murder was not charged.

Oh, I wasn't aware of that. Thanks.

Learn something new every day.
I have seen cases where they charge with several different murder charges, and presumed that had to happen for the jury to find guilt for one of those degrees of murder.

 

[10ofRods]

Would pulling in the driveway and putting his phone on airplane mode show preplanning? I think that is key. He said he did that so Suzanne couldn't track him. I think if that was the case, he would have done it prior to arriving at the house, but he didn't do that, he told her he was on his way home. Then he arrived at home and put the phone in airplane mode. I don't buy that it happens when he was out of range because it would show multiple times a day it was in and out of airplane mode and I didn't get that vibe from what was said and if that was the case the defense would surely have said this was a frequent occurrence and show that his phone did this every time he was at the house, but they didn't.

Not if that's what he did every day, upon arrival at home (and his home wifi network - airplane mode still permits wifi...which is why you can buy wifi while on an airplane).

So if he was constantly doing that, it would not look suspicious. How far back should the prosecution go with this? We know that Barry claims he did it frequently so that (an overly jealous) Suzanne couldn't track him everywhere.

Nothing was said one way or another - which is interesting (about how often he was in airplane mode). I'm sure that's a couple of pages in the A.A. (if not, then that's a problem).

But you're right - that if Barry did this regularly, surely the defense would have pointed to that. Thank you for making me feel a bit more hopeful.

 

[kshultz06082]

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.

That wording tells me that he is NOT the judge that signed that arrest warrant. And almost sounds like he disagrees with the judge that signed it. I have a feeling if this came to him to be signed he probably would have denied it and told the DA to try again. In my opinion, he appears to be thoroughly unimpressed with the AA.

 

[gitana1]

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.

Yes. That's apparently what happens. But I feel like the judge will find probable cause for premeditated murder. Let's see!

 

[NoSI]

I'm glad he is standing his ground and not letting them push him to a hasty decision.
IMO

Me too... me too! I am totally ok with this decision. BM remains behind bars. No hasty decision is good.

 

[Warwick7]

Maybe he'll pass notes on hand towels and then flush them. He is a genius remember.

Not only a genius, but a "full package deal"....lol!!

 

[kshultz06082]

Who is that? I've never seen this name until right this moment.

ETA: am I seriously the only one that has no idea who this person is?

No clue.

 

[bestill]

well...
That's all sour milk on my cereal this morning!

Have only read a couple pages of disappointing thoughts and opinions so far.

Did the prosecution bring anything of relevence to the table for day 4??

Someone give me some good news

BBM - Barry is spending the night behind bars and will be for the next 3 plus weeks. I do like that thought.

 

[Floridagirl1006]

JMO…this was the most anticlimactic PH ever….I was working so had to catch up quickly but the DA has nothing! IMO! Didn’t even do testing on a half coffee cup?!?! Even my DH would know to leave at least half one on the counter to make it appear I was home. DNA from the one plate? Nope nothing there either. If it doesn’t make sense it makes money….how disappointing

 

[NoSI]

hmm so he did think he was going to walk out today - bet his lawyers told him that. Thank you for being there @NoSI
JMO

The whole defense team thought that he would walk...My impression only...

 

[bestill]

The whole defense team thought that he would walk...My impression only...

How did the prosecution react?

 

[kshultz06082]

85 Varieties of Chipmunks ( The Cute Kind)
8 Squirrels ( As you can tell, their favorite sport is Parcour. Or it could be some one is shooting at them with a .22)
4 Foxes (Give or Take?) (WTF? Out of the question!)
1 Ailing Turkey (He's over there, he's been shot. You can't miss him (No, I would advise eating him))
1 Rat (The abductor. Apparently hopped up on pizza and meth) (Sure. If any is left, You can have a piece of pizza!)
1 Attack Mountain Lion (No You can't pet him.)
3 Bobcats. 2 real and one made of metal (No You can't drive it)
1 Groggy Deer Doe. (Sad Face)
1 Chicken. (JL)
23 Red Herrings ( No, you can't eat one.)
1/4 of a Donkey ( The back 1/4)
1 Grass Snake. (It Rattles) (It also Bites) (What? you want to go dance with it?)
1/8 of an Elk ( The front 1/8) (Go ahead, hang your hat on it)
1 Raccoon, Deceased (I think his name was Bandit, I'm not sure)
1 bird (One that is not a Chicken. It's not a Pheasant or a Peacock, some other different bird)
1 Buffalo. (No You can't ride him).
1 Steer (There the one's that make CFS)
1 Lamb (Something has to be sacrificed)
2 Jackals ( We will pay you if? No pay for you MG. fired)
1 Florida Panther. Yep. Hang Glider pilot here. Wildwood by Tampa. Tampa is where @MassGuys From.
1 Boxer = A Dog. (Miss the old boy)
2 penguins. (One smelled like bleach. The other one reeked of chlorine)
1 Whale ( If you observe over there, you can see his tale)
1 Jackrabbit.
1 Back of a Camel.
1 Billy goat.
1 Hare. ( White )
1 Elephant. ( Where Is SM?)
1 Crocodile.
4 Chipalopes.
1 Shady Cat (CBD Tim)
IMO

And a partridge in a pear tree

 

[10ofRods]

A lesser included means that the jury can find a person guilty of a lesser crime, if all of the elements are contained within the greater crime that was charged.

So if the evidence for first degree isn't strong enough, then the jury can find him guilty of second degree murder even if second degree murder was not charged.

Thank you so much for weighing in on this.