Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #82

[Knox]

@NoSI, you were not wrong -- it's extremely rare for a Murder-1 defendant to be allowed bail. This is per Co State Constitution. The only exception is if the state fails to meet the standard for PEPG. In this case, Judge said they did not meet the standard. I attribute this partially to this being a "no-body" homicide which prevents determining the cause of death, forensic evidence, etc. MOO

Thanks for this, I was confused by the Judge's earlier statements agreeing with the prosecution evidence. Then allowing him to post bail. Your answer makes sense of the contrast.

Do you think he has the financial resources? I halfway thought he may have committed most of his cash to his attorneys. Perhaps his Mom will post the equity in her home, like Terri Horman's parents did to pay for her very expensive defense attorney?

 

[al66pine]

Judge's Ruling?

.... Therefore the judge, believing 1) that Barry is guilty and 2) the State failed to prove it, decided to lay out the evidence himself to show the prosecutor that they have much work to do....

@Love Never Fails sbm for focus bbm Based on link w quote below from Judge Murphy, I'm respectfully disagreeing w ^ post as a misinterpretation or misstatement of his ruling.

Murphy said: "It does not serve as a mini trial. Only to see if there is probable cause that there was a murder and that the defendant might have caused that." * bbm @Cindizzi Thx for link.
_____________________________________________________
* https://www.thedenverchannel.com/ne...-judge-rules-barry-morphew-will-head-to-tria
CHAFFEE COUNTY, Colo. — Enough evidence was presented in Barry Morphew's preliminary hearings for the murder case to go to trial, a judge ruled Friday afternoon.
.... ruled that he found probable cause for the charges of murder and tampering with a body....
"This is not a trial," Murphy said. "It does not serve as a mini trial. Only to see if there is probable cause that there was a murder and that the defendant might have caused that. We have to entertain a reasonable belief that the defendant may have caused this. The court must draw all reasonable inferences in favor of the people. Evidence to support a conviction is not necessary at this stage."...."

 

[Knox]

I sure hope so. If he were to cut off the bracelet, will someone be there quickly enough? *shudder*

I listened to Chris today on The Interview Room. He's convinced Barry is a flight risk and perhaps even a danger to certain witnesses. He's also convinced Barry will try and "cheat the monitoring system" at some point during the eight month's he is free in society.

I can see why Chris feels that way, Barry doesn't think rules apply to him. I actually get a warm, fuzzy, feeling thinking about Barry doing something stupid and his bail being revoked. Time will tell.

 

[Knox]

Lauren Scharf@LaurenScharfTV

The defense has made another affidavit with their own redactions. The judge said we will make note of this but this will not be released. The #Affidavit for #BarryMorphew will be posted by NOON on MONDAY.

3:27 PM · Sep 17, 2021·

Lauren Scharf@LaurenScharfTV

The court has redacted information from the arrest affidavit. "I am not going to redact the affidavit further," Judge Murphy said. "The meat of this case has been disclosed. The Arrest Affidavit will be released online under cases of interest."

3:26 PM · Sep 17, 2021

Lauren Scharf@LaurenScharfTV

NOW TO THE AFFIDAVIT: Dru Nielsen said that the AA reads like a tabloid. They wrote this affidavit to try this case in the media and try and taint a jury pool. They don't want the AA to be released.

3:17 PM · Sep 17, 2021

Lauren Scharf@LaurenScharfTV

"It will decimate a chance for #BarryMorphew for a fair trial," Attorney Nielsen said.

3:18 PM · Sep 17, 2021·

Lauren Scharf@LaurenScharfTV

Judge: "It is highly detailed efforts of law enforcement but there is information that would not be admissible in trial." The defense has had the opportunity to interview the witnesses before their names were released. He finds no valid reason to suppress the affidavit.

3:24 PM · Sep 17, 2021·
_______________________________

Even though the defense protested the release of the AA and proposed the Court release the defense's version of the AA, I'm pleased that the Court is being true to the Order to release the court redacted AA at the conclusion of the PH.

I continue to support the typical position taken in criminal courts of Colorado where the AA is not released to the public until the conclusion of the PH.

Have you ever heard of defense team writing their OWN version of the arrest affidavit because they didn't like what the prosecution wrote in theirs?
I am astounded at the chutzpah.

 

[Trocroc9]

Can someone explain the fire? And the articles found in the fire. Coming in late.

 

[Seattle1]

Grrrr.... I knew he had a lot but $3 mil is quite impressive, Barry Boy. Wonder where he got all that dough?
Silver investments, maybe? Other less than, um, legal investments?
Guarantee Suzanne didn't know THEY had that much 'liquid assets'. Did the prosecutors not specify how they knew this?

This would all be revealed in discovery. Defense of course is saying that BM can't afford high bail because he has had considerable legal fees, and lost money not being able to work since May, etc. Also supporting his children, college expenses.

 

[Seattle1]

Can someone explain the fire? And the articles found in the fire. Coming in late.

I believe this was a reference to the fireplace. File folders, documents, and possibly SM's journal burned.

 

[Trocroc9]

What did they say was in the fire ?

 

[DizzyB]

It’s been a very long day. Barry will be out, as early as Monday. But he will stand trial. It’s a mixed bag. Onward to the AA.

 

[DizzyB]

I believe this was a reference to the fireplace. File folders, documents, and possibly SM's journal burned.

There was a tweet-I assume we will await the transcript unless someone in the courtroom explains:





Ashley Franco
@AshleyKKTV
·
7h

The judge says it is unlikely #SuzanneMorphew went on a bike ride the morning of May 10th. He says several of her items were not with her and some of her items were in the fire and it’s likely she would’ve taken those with her if she left.

 

[Trocroc9]

I believe this was a reference to the fireplace. File folders, documents, and possibly SM's journal burned.

What did they say was in the fire? Did the specify ? This is going to be really important. I heard Sm’s belongings. I think this is going to be very important. Jmo

 

[GoJacks]

This would all be revealed in discovery. Defense of course is saying that BM can't afford high bail because he has had considerable legal fees, and lost money not being able to work since May, etc. Also supporting his children, college expenses.

Poor thing.....

 

[Seattle1]

Thanks for this, I was confused by the Judge's earlier statements agreeing with the prosecution evidence. Then allowing him to post bail. Your answer makes sense of the contrast.

Do you think he has the financial resources? I halfway thought he may have committed most of his cash to his attorneys. Perhaps his Mom will post the equity in her home, like Terri Horman's parents did to pay for her very expensive defense attorney?

IMO, money has never been a question for BM, and $500k is doable by BM. The state put forth that they believed BM had $3M liquid assets and requested higher bail but did not persuade the Court.

The defense responded that BM has lost money since being incarcerated and has incurred significant legal fees. Also, that he's supporting his kids college, etc.

 

[Seattle1]

Poor thing.....

I do have concern that BM will pull a Fotis before trial. BM previously told SM that they would all be taken care of (i.e., earlier suicide threats). MOO

 

[Seattle1]

What did they say was in the fire? Did the specify ? This is going to be really important. I heard Sm’s belongings. I think this is going to be very important. Jmo

Nothing specific other than investigators were told they should find 3 items of SM: Bible, Alanon Book, and Journal and they only located the first two.

 

[Trocroc9]

There was a tweet-I assume we will await the transcript unless someone in the courtroom explains:





Ashley Franco
@AshleyKKTV
·
7h

The judge says it is unlikely #SuzanneMorphew went on a bike ride the morning of May 10th. He says several of her items were not with her and some of her items were in the fire and it’s likely she would’ve taken those with her if she left.

Yeah this is the fire I’m curious about. Some of her items in the fire. Like what are those items on a fire we have yet to hear about. Not the journal and file folder metal things. Is there another fire we are to hear about that we know nothing of ?

 

[GoJacks]

I guess one good thing we can look forward to with Mr. Morphew getting bail is the amazing photos the DailyMail is about to get.

What will barry be grillin' next.

 

[Seattle1]

Barry Morphew can be out on bond awaiting trial -- 9/17/21
Live-streamed 2 hours ago

 

[WestGL]

Jeff Libler must be shaking like a leaf. And he probably should be terrified.

Barry is an egomaniacal lunatic and Jeff was plowing his wife all over the country and having phone sex with her every time Barry left the house.

I won’t be even slightly surprised if Barry shows up in Michigan.

 

[marylamby]

This would all be revealed in discovery. Defense of course is saying that BM can't afford high bail because he has had considerable legal fees, and lost money not being able to work since May, etc. Also supporting his children, college expenses.

Yeah, I get the defense bs but I'm sure the prosecutors know what they're talking about. I mean, I don't think they'd throw out a 3m dollar figure for nothing. I estimated at least 2m but I don't doubt there's a lot more.
I got to Lauren's video late but do you know if the defense argued how they knew he was that flush and ask for higher bond? The judge didn't buy it from a tweet I saw, is that correct?
I thought the whole idea of bail/bond is to make sure the defendant will in fact show up for trial. If someone has 3m (I'll suppose that's true), what's 500k when it comes to taking off? In South America, 2.5m goes a long way.
Let's say he already has a contact in Mexico who can get him a fake passport. He hires a private jet. Done. On to Brazil or Argentina or wherever. He could make his first stop to the US Virgin Islands where he wouldn't need a passport - then yada yada.
There are too many possibilities for me to take it for granted that he couldn't get out if he wanted to.
If I were ever in a position of facing ANY jail time, I'd easily find a way to disappear - with or without a ankle monitor and I have less than a third of his money.
Have his assets been frozen? Are they even in US banks?
I appreciate that this will come out in discovery but it burns my arse that he's allowed to roam free, yet again.