Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 #81 *arrest*

[Diogenetic]

I will take a risk in taking a position on plea offer/deal timing. I think we will see it soon after this gets remanded for trial and M2 in second or third degree.

It is a difficult case, but I do think the investigators prosecutors botched a couple of elements. I worked landscaping when in grad school and even remember to where heavy gloves 95% of the time or more all of us got our hands and arms scratched up badly once a week. I think not knowing the location of the room so closed to a chlorinated pool and the issue of the DNA of a violent sexual assault suspect found inside her car is also quite messy.

I think if the prosecutors feel they can stay out of the weeds they themselves planted, and get the jury to focus on the totality of picture they will hold ground on insisting on M2 second.

Even if we take into account evidence that looks to a reasonable person to be premeditation, and it does look like that to me, there is the problem of her being on a chat app with her lover, including sending suggestive pictures immediately before the likely time of murder, which could be well argued to make it a crime of passion (even if those of us here do not agree).

Frankl I find the tranquillizer aspect as compelling for premeditation. I do not think she was shot with a normal bullet at all. why do so and spray so much evidence? In a rural area a "live .22 round" that rolled under something in a bedroom is nothing. I do not think he had the tranq drug and darts for pest control.

I hope there is justice for this woman. I don't like to second guess local law enforcement, but there seem to have been some red flags early in this case that do not seem to me to have been taken seriously enough early enough.

 

[Whitneyh]

I bought a new pair of pink nikes before going on a vacation to Michigan I spent a lot of time traipsing through the mud now that I’m home I thought about taking my laces out to clean them! Catch me up on everything I watched the YouTube videos I missed starting to realize the state should have followed up on things they didn’t hate to say it but they didn’t fully investigate, still think he did it

 

[Aloe]

Murder 2, degree 3 in CO carries 4-12 years. Murder 2, degree 2 carres 8-24. Considerable difference.

If the Judge were to run all his sentences concurrently, he could be out in 2 years (parole) or 4 (no parole). If the Judge decides to be lenient.

He won't make a plea this Friday - he'll be arraigned (I think). By that time, he'll probably have served 5 months - and if the sentence is lenient, that's way way better than being in prison for 24 years (with parole possibility at, say 12 years).

I don't expect anyone to be this lenient with Barry. But psychologically, the defense will have aided their client immensely if they get the charges down to Murder 2, Degree 3 (crime of passion). Or if they claim he "accidentally" killed her with a tranq dart (Murder 2, Degree 2 IMO), he still gets a considerable sentence.

I think the jury should decide, I really do. They should look at the totality of the evidence and decide what happened to Suzanne.

Do these speculations include the DV enhancer?

 

[Scootie98]

I will take a risk in taking a position on plea offer/deal timing. I think we will see it soon after this gets remanded for trial and M2 in second or third degree.

It is a difficult case, but I do think the investigators prosecutors botched a couple of elements. I worked landscaping when in grad school and even remember to where heavy gloves 95% of the time or more all of us got our hands and arms scratched up badly once a week. I think not knowing the location of the room so closed to a chlorinated pool and the issue of the DNA of a violent sexual assault suspect found inside her car is also quite messy.

I think if the prosecutors feel they can stay out of the weeds they themselves planted, and get the jury to focus on the totality of picture they will hold ground on insisting on M2 second.

Even if we take into account evidence that looks to a reasonable person to be premeditation, and it does look like that to me, there is the problem of her being on a chat app with her lover, including sending suggestive pictures immediately before the likely time of murder, which could be well argued to make it a crime of passion (even if those of us here do not agree).

Frankl I find the tranquillizer aspect as compelling for premeditation. I do not think she was shot with a normal bullet at all. why do so and spray so much evidence? In a rural area a "live .22 round" that rolled under something in a bedroom is nothing. I do not think he had the tranq drug and darts for pest control.

I hope there is justice for this woman. I don't like to second guess local law enforcement, but there seem to have been some red flags early in this case that do not seem to me to have been taken seriously enough early enough.

Your points are valid....however, the partial DNA found in her car will be a non-starter for the defense. The lack of validity will be fully explained to the jury in lottery terms. If SODDI is pursued by the defense....it would be tied to the bike scene, imo.

 

[Poedelini]

Im biting my nails on this one. Please let it be friday already.

Still hoping that Suzanne will eventually be found. <3

 

[Boxer]

I will take a risk in taking a position on plea offer/deal timing. I think we will see it soon after this gets remanded for trial and M2 in second or third degree.

It is a difficult case, but I do think the investigators prosecutors botched a couple of elements. I worked landscaping when in grad school and even remember to where heavy gloves 95% of the time or more all of us got our hands and arms scratched up badly once a week. I think not knowing the location of the room so closed to a chlorinated pool and the issue of the DNA of a violent sexual assault suspect found inside her car is also quite messy.

I think if the prosecutors feel they can stay out of the weeds they themselves planted, and get the jury to focus on the totality of picture they will hold ground on insisting on M2 second.

Even if we take into account evidence that looks to a reasonable person to be premeditation, and it does look like that to me, there is the problem of her being on a chat app with her lover, including sending suggestive pictures immediately before the likely time of murder, which could be well argued to make it a crime of passion (even if those of us here do not agree).

Frankl I find the tranquillizer aspect as compelling for premeditation. I do not think she was shot with a normal bullet at all. why do so and spray so much evidence? In a rural area a "live .22 round" that rolled under something in a bedroom is nothing. I do not think he had the tranq drug and darts for pest control.

I hope there is justice for this woman. I don't like to second guess local law enforcement, but there seem to have been some red flags early in this case that do not seem to me to have been taken seriously enough early enough.

"It wasn't me defense":

The police only investigated me.

Suppress evidence

 

[Bluebythec]

Did I understand correctly that even though the judge took this time to make his decision that he is going to allow the lawyers to make their last arguments tomorrow? Were they working on redacting the AA during this time as well? Any chance it will be released tomorrow?

 

[10ofRods]

No you are making total sense. I just realized I think we are looking at the same information from different angles. I am assuming that anything that would have been (or WAS) entered into an exhibit at the PH by any witness was already included in the AA. My understanding is the PH walks through the information from the AA.

So you're right, they may have labeled and submitted Exhibits A through T but only introduced Exhibits A through L in public at the hearing.

But I think ALL of those exhibits will have already been included in the AA. Maybe? lol

Thank you so much. I guess we don't know right now how many exhibits there were, but surely the ones about GPS and pings and so on have been submitted.

One more day!

 

[10ofRods]

Did I understand correctly that even though the judge took this time to make his decision that he is going to allow the lawyers to make their last arguments tomorrow? Were they working on redacting the AA during this time as well? Any chance it will be released tomorrow?

Judge initially said one week after PH ends, which should be tomorrow. Yes, I think both sides get to do final arguments tomorrow (I bet they'll be timed and fairly brief). Nothing that the judge has ordered has told anyone to redact anything, but presumably, his staff would do that in the week after the Prelim?

I don't think there's any chance it will be released tomorrow...

 

[FromGermany1]

I bought a new pair of pink nikes before going on a vacation to Michigan I spent a lot of time traipsing through the mud now that I’m home I thought about taking my laces out to clean them! Catch me up on everything I watched the YouTube videos I missed starting to realize the state should have followed up on things they didn’t hate to say it but they didn’t fully investigate, still think he did it

You are cleaning the valuable laces and are disposing the new pink nikes into trash bins, miles away from your home? That's suspect.

 

[CGray123]

I will take a risk in taking a position on plea offer/deal timing. I think we will see it soon after this gets remanded for trial and M2 in second or third degree.

It is a difficult case, but I do think the investigators prosecutors botched a couple of elements. I worked landscaping when in grad school and even remember to where heavy gloves 95% of the time or more all of us got our hands and arms scratched up badly once a week. I think not knowing the location of the room so closed to a chlorinated pool and the issue of the DNA of a violent sexual assault suspect found inside her car is also quite messy.

I think if the prosecutors feel they can stay out of the weeds they themselves planted, and get the jury to focus on the totality of picture they will hold ground on insisting on M2 second.

Even if we take into account evidence that looks to a reasonable person to be premeditation, and it does look like that to me, there is the problem of her being on a chat app with her lover, including sending suggestive pictures immediately before the likely time of murder, which could be well argued to make it a crime of passion (even if those of us here do not agree).

Frankl I find the tranquillizer aspect as compelling for premeditation. I do not think she was shot with a normal bullet at all. why do so and spray so much evidence? In a rural area a "live .22 round" that rolled under something in a bedroom is nothing. I do not think he had the tranq drug and darts for pest control.

I hope there is justice for this woman. I don't like to second guess local law enforcement, but there seem to have been some red flags early in this case that do not seem to me to have been taken seriously enough early enough.

There are so many good issues for discussion in this post! Thank you for joining the conversation!

I don't see this as a difficult case at all. BM was very angry that SM was leaving the marriage. Her departure was imminent. The daughters were away. He prepared an alibi that blew up in his face. He confirmed the digital evidence showing that he arrived home, picked up his gun, began shooting within minutes of the time SM went silent in the middle of text conversations with her friends and lovers, never to be heard from by anyone again. She left everything behind that she would need to escape, if that was her intention, and escape was incompatible with her commitment to MM2 and the documented plan to move into a local condo while she was in school.

However, ITA with you that the evidence offered in the preliminary was full of potential distractions that add nothing worthwhile to the case, including those you mention. In a no-body case with a lot of forensic evidence, it is essential to focus the jury's attention on the core case and limit the opportunities for the defense to distract, sow confusion, and cast doubt.

Mistakes are made in any human endeavor, including police investigations, but I like what was done in this case and I believe the investigation produced compelling evidence that BM is guilty of Murder in the First Degree.

I disagree with the proposition that plea negotiations will happen soon. E&N have already signaled that they intend to move for the exclusion of some evidence, and BM will need to see the results of that effort before he will even consider a plea to a lesser offense. On the other side, LE sees the case as I do and would have to have a very compelling reason to offer a lesser plea, especially to an offense that would only result in a couple of years in prison.

I believe the parties have given the judge their perspectives on the AA, and that his effort to explain his decision on probable cause and PEPG will align with the redactions he makes to that document. I firmly believe he will find both, deny bond eligibility, and bind BM over for trial on all charges. MOO.

 

[10ofRods]

I will take a risk in taking a position on plea offer/deal timing. I think we will see it soon after this gets remanded for trial and M2 in second or third degree.

It is a difficult case, but I do think the investigators prosecutors botched a couple of elements. I worked landscaping when in grad school and even remember to where heavy gloves 95% of the time or more all of us got our hands and arms scratched up badly once a week. I think not knowing the location of the room so closed to a chlorinated pool and the issue of the DNA of a violent sexual assault suspect found inside her car is also quite messy.

I think if the prosecutors feel they can stay out of the weeds they themselves planted, and get the jury to focus on the totality of picture they will hold ground on insisting on M2 second.

Even if we take into account evidence that looks to a reasonable person to be premeditation, and it does look like that to me, there is the problem of her being on a chat app with her lover, including sending suggestive pictures immediately before the likely time of murder, which could be well argued to make it a crime of passion (even if those of us here do not agree).

Frankl I find the tranquillizer aspect as compelling for premeditation. I do not think she was shot with a normal bullet at all. why do so and spray so much evidence? In a rural area a "live .22 round" that rolled under something in a bedroom is nothing. I do not think he had the tranq drug and darts for pest control.

I hope there is justice for this woman. I don't like to second guess local law enforcement, but there seem to have been some red flags early in this case that do not seem to me to have been taken seriously enough early enough.

I feel as if you don't understand how partial DNA matches work. If it ever gets before a jury, no reasonable person (once it's explained) would pay any more attention to glove box DNA (remember - it's only in the glove box, but it's also partial - it matches thousands of people, of whom 3 are in CODIS). Not only that, but in partial DNA cases, if there's any fragment of a Y chromosome in the bits of DNA found, the assumption is then that the "DNA is male" (although it still might not be; both men and women have X at the 23rd position - so there's no way of "proving" that a woman could have left the DNA - which would add many thousands more matches).

The .22 round did not "roll under something." It was found in plain sight on top of the carpet, on Suzanne's side of the room. I'm not sure what to make of that piece of evidence.

He probably had the tranq gun because he had a deer farm in Indiana, and that's how people get the deer for their "farms."

Apparently, BM disagrees with you about him finding out about the affair that day. He says he didn't find out until the FBI told him in November, 2020. It would have been a good ploy (leading to Murder 2, 3rd degree as opposed to Murder 2, 2nd degree). But that's not what he chose to say. Maybe he'll change his tune? How will his attorneys get that into evidence, I wonder...it's in Barry's mind, there would be no physical evidence of him seeing racy pictures of his wife (although I too believe he knew about some of her behavior that day).

I'll say again that there's so much more evidence in this case (a lot of it digital evidence) and some witnesses that I think will surprise you. I do believe the prosecution needs to protect those witnesses, though, which is why we didn't see them at the PH.

 

[10ofRods]

Do these speculations include the DV enhancer?

Yes. The judge can decide not to enhance sentencing (why he would do that, though, is an open question). He can have the sentence for that run concurrently with other sentences - his call. IOW, that would be the most lenient thing the judge could do.

Anyone think he'll go for that? I think he'll be more middle of the road - when the day comes.

 

[sk716]

Since the salacious headlines began, I think a lot of people are confused about Barry's motive.

Barry didn't discover Suzanne in flagrante delicto (I almost spelled that right the first time) with Jeff.

On the 6th, she demanded a divorce.

On the 9th, he killed her.

Three days indicates premeditation. He copied the staged bike from a podcast that Suzanne's spy pen caught him listening to, the tranq darts from a well known case in Indiana.

There was a LOT of money on the line and it was SUZANNE'S money. Motive.

By MGs account, he was acting "weird" at the worksite, Suzanne was still alive when he left to go make the wife "happy".

His 5pm alibi is impossible, the spa store closes at 2pm on Saturdays.

 

[Bluebythec]

I'm trying to keep in mind that this is a PH not a trial and the smoke and mirrors that the defense was using to try to confuse and obfuscate the evidence isn't going to sway a seasoned jurist IMO. It's not his first rodeo and I think he's will have no trouble boiling the information down to the core of what matters for him to make his decision.As far as the DNA goes, we are not back in the OJ era where it was all wizardry and magic. As I've mentioned before, many people today have used 23 and me or any of the other DNA tests available. I know I personally had over 8,000 partial matches. The glove box DNA might have given people ideas a few decades ago but I think it's pretty much meaningless today. I was asking myself if a jury would convict based on what we've seen and heard but then I had to remind myself we aren't there yet. The info is before a judge not a jury and IMO he will process it differently than 12 average citizens might. I think when it goes to trial the prosecution has some work to do but I also don't think we've seen all their cards. I'm optimistic that the judge will feel he has enough evidence to bind over for trial. MOO

 

[Seattle1]

Penalties

Homicide punishments depend on the defendant’s state of mind. The more intentional the killing, the harsher the sentence:

Homicide crime

Colorado State Prison sentence

1st-degree murder Life (except that felony murder carries 16 to 48 years in prison)

2nd-degree murder 4 to 48 years

Vehicular homicide 2 to 14 years

Manslaughter 2 to 6 years

Criminally negligent homicide 1 to 3 years

Colorado "Murder" & "Homicide" Laws

 

[Momofthreeboys]

Yes. The judge can decide not to enhance sentencing (why he would do that, though, is an open question). He can have the sentence for that run concurrently with other sentences - his call. IOW, that would be the most lenient thing the judge could do.

Anyone think he'll go for that? I think he'll be more middle of the road - when the day comes.

I'm not thinking we've heard facts enough yet to have the enhancer added.

 

[Momofthreeboys]

Penalties

Homicide punishments depend on the defendant’s state of mind. The more intentional the killing, the harsher the sentence:

Homicide crime

Colorado State Prison sentence

1st-degree murder Life (except that felony murder carries 16 to 48 years in prison)

2nd-degree murder 4 to 48 years

Vehicular homicide 2 to 14 years

Manslaughter 2 to 6 years

Criminally negligent homicide 1 to 3 years

Colorado "Murder" & "Homicide" Laws

And remember prison time in Colorado is formulaic...most serve 50% of the time sentenced and it's possible it can be a bit lower than that. They go in with time served and "good time" earned already counting if I understand the prison regs correctly.

 

[Lyanna]

Judge in Barry Morphew case to announce bail decision

Not the greatest article

moo

 

[Murphy1950]

Judge in Barry Morphew case to announce bail decision

Not the greatest article

moo

Thanks Lyanna,
FYI Just same story without a paywall..
Judge in Barry Morphew case to announce bail decision | OutThere Colorado