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

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CGray123 said:
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.
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Hear, hear!
 
Momofthreeboys said:
I'm not thinking we've heard facts enough yet to have the enhancer added.
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I was speaking of if and when he's convicted of some form of murder. AFAIK, murder of an intimate partner is, in fact, domestic violence in CO (and most other states).

I was speaking to sentencing - if he's found guilty. I'm sorry if I confused anyone - but I was speaking about what "we" know, only about what a judge is allowed to do in the CO sentencing system.

See especially section 2.1:

Second Degree Murder - Colorado Law - 18-3-103 CRS

I do believe that CO permits concurrent sentences...
 
When I was a kid, I used to get excited because Friday nights were Fantasy Island and Love Boat nights. Now as an adult and a crime hag, I get excited for Felony Fridays. (I skipped about 30 years of other Friday night fun, but YKWIM)

I think BM is going to held over for trial on the charges but I think the judge may throw in the option of second degree. I think it will be a long long time until the trial happens although I think the defense will push for a speedy trial. I think BM wants out of jail pronto and is harping on that constantly to everyone who will listen. I also think if he is bonded out, he will do a runner and may have already put things in place. I always thought that MX vacation included business as well, maybe scouting a place to live or visiting a bank. Of course, that is with the presumption that BM still has access to a good chunk of cash. The prosecution has nothing but time on their side; more time to find more evidence, like Suzanne's remains.

I hope the AA is released, at least some portion of it.

I think we're in for more bombshells.

I hopeful for the next steps on the road to justice for Suzanne.

All my rambling opinion.
 
MrsWatson said:
When I was a kid, I used to get excited because Friday nights were Fantasy Island and Love Boat nights. Now as an adult and a crime hag, I get excited for Felony Fridays. (I skipped about 30 years of other Friday night fun, but YKWIM)

I think BM is going to held over for trial on the charges but I think the judge may throw in the option of second degree. I think it will be a long long time until the trial happens although I think the defense will push for a speedy trial. I think BM wants out of jail pronto and is harping on that constantly to everyone who will listen. I also think if he is bonded out, he will do a runner and may have already put things in place. I always thought that MX vacation included business as well, maybe scouting a place to live or visiting a bank. Of course, that is with the presumption that BM still has access to a good chunk of cash. The prosecution has nothing but time on their side; more time to find more evidence, like Suzanne's remains.

I hope the AA is released, at least some portion of it.

I think we're in for more bombshells.

I hopeful for the next steps on the road to justice for Suzanne.

All my rambling opinion.
Click to expand...

Pretty sure that CO is one of the states with "lesser included offenses," meaning that the jury can be given instructions regarding degrees of murder when they are deliberating. *Can* not *will* be, just to be clear. And I think that's what will happen.

I worry about him running - but also about him committing more acts of violence, against himself or others...
 
Bluebythec said:
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?
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Yes, he did say that both will have a chance to make an argument IIRC.
 
10ofRods said:
Pretty sure that CO is one of the states with "lesser included offenses," meaning that the jury can be given instructions regarding degrees of murder when they are deliberating. *Can* not *will* be, just to be clear. And I think that's what will happen.

I worry about him running - but also about him committing more acts of violence, against himself or others...
Click to expand...

Thanks for that info about the lesser offenses! I wasn't sure how that worked, if it was something that had to be presented by the prosecution or what happened.

I agree about more acts of violence; I think he's always a very angry man and I think now he is probably in a constant state of rage. I don't see him hurting himself, but I never thought Fotis Dulos would, either, that was shocking to me. I think after reading the AA, there are probably a few people on BM's naughty list.

MOO
 
CGray123 said:
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.
Click to expand...
I'm with you! :)
 
MY apologies if already posted.. I found some interesting aspects...
Prosecutors usually win preliminary hearings. Expect Morphew to be bound over for trial based on probable cause. At this preliminary screening stage, evidence must be viewed in the light most favorable to the prosecution.

To keep Morphew in custody without bail, Judge Murphy must further find there is proof evident or presumption great that Morphew will be convicted of first-degree murder. The defense in this summer’s combined four-day hearing was feisty and formidable. Morphew hired two stellar Colorado criminal defense attorneys, Iris Eytan and Dru Nielsen.

Josh Maximon, an accomplished Colorado trial lawyer and a contemporary of Eytan and Nielsen, told me this dynamic duo have built their solid reputations “case by case,” first as Denver public defenders and then in private practice. According to Maximon, Eytan has merited the affectionate moniker “Hurricane Iris” because “she is a force of nature.”

Silverman: Expect a big ruling this week in the Barry Morphew murder case
 
CGray123 said:
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.
Click to expand...

I agree firmly w/you too.

I remember the female DA and her confidence when speaking about the evidence in this case in the beginning. I believe justice will be served.
 
MrsWatson said:
When I was a kid, I used to get excited because Friday nights were Fantasy Island and Love Boat nights. Now as an adult and a crime hag, I get excited for Felony Fridays. (I skipped about 30 years of other Friday night fun, but YKWIM)

I think BM is going to held over for trial on the charges but I think the judge may throw in the option of second degree. I think it will be a long long time until the trial happens although I think the defense will push for a speedy trial. I think BM wants out of jail pronto and is harping on that constantly to everyone who will listen. I also think if he is bonded out, he will do a runner and may have already put things in place. I always thought that MX vacation included business as well, maybe scouting a place to live or visiting a bank. Of course, that is with the presumption that BM still has access to a good chunk of cash. The prosecution has nothing but time on their side; more time to find more evidence, like Suzanne's remains.

I hope the AA is released, at least some portion of it.

I think we're in for more bombshells.

I hopeful for the next steps on the road to justice for Suzanne.

All my rambling opinion.
Click to expand...

Well I was excited the Duke boys led us into Fantasy Island ... :)

I agree, I too think we are in for several more bombshells.
 
10ofRods said:
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.
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I have no idea, just hoping for head vice.
 
Bluebythec said:
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?
Click to expand...

Yes, this is how i understood it. Both sides get time tomorrow for something resembling closing statements.
 
sk716 said:
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.
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iu
 
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