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

[10ofRods]

What about the bike? Was the car DNA identified as the same as on the bike? I really can't recall. I think it will be more important maybe than is being given credit as if it is the same, who would be in her car and handling her bike regardless of how close a match it is or isn't? If it's different from the car to the bike then I think it's not going to be as important to a jury. If this got discussed my apologies...there has been so much info this past month.

No, the glove box DNA was related to no other DNA found in the case.

The DNA in the car was only in the glove box, so the question is who touched her glove box (techs at the car dealer most likely; people who worked for the dealer as detailers and new car processors).

It was clearly stated that the partial DNA in the glove box matched only CODIS people - not anything else at the crime scene (that would have been huge, the defense would have pounced on that if the glovebox DNA matched anything else). And it was only a partial match.

Presumably, the DNA on the bike came from the man in Salida who had just touched the bike.

No Barry DNA on any of those places.

 

[10ofRods]

Maybe the Prosecution can call all the partial matches .... to show it's thousands of people!

Or test the glove box of everybody in the courtroom to show how there are mystery partial matches everywhere!

Whoever assembled the car.
Whoever worked on the car.
Whoever assembled the bike. Whoever packaged it for retail.
Wboever handled it at the store.

Etc, etc, etc.

The extraneous DNA is a non starter.

JMO

That would be hilarious and if they added all the partial matches to women, there would be SO many people to present to court. I'm guessing 50,000 total. Maybe more.

In case after case of fragmentary DNA, the ethnic markers point to an even larger group (often in Asia). Since Ranger Rovers are made in England...I bet we'd find a lot of matches there, too. Fly 'em all in!

 

[10ofRods]

BBM, EBM.

It appears that Colorado law has changed to prohibit the practice of instructing a jury to consider a lesser included offense without the consent of the prosecution. From an article by Colorado defense attorney H. Michael Steinburg:

"Lesser Included Offenses

Sometimes a jury is leaning to convicting on a lesser included offense (a crime that is less punitive than the crime charged in the original complaint and information or indictment).

The practice of instructing the jury to return a verdict on the lesser included offense is now prohibited by 18–1–408(8). A judge cannot alleviate a jury deadlock over the degree of guilt by instructing the jury to return a guilty verdict on a lesser-included offense unless the prosecution consents. If ANY juror is convinced by the facts and the law that the defendant is guilty of a greater offense, the jury cannot be instructed to return a verdict on a lesser-included offense."

Oh, of course it requires consent of both sides. But, unless Chaffee County has infinite resources and wants to do a do-over of all of this, it will not surprise me if the DA agrees - at that point, especially after hearing that the jury is deadlocked.

Better to convict Barry at his first trial., IMO.

At any rate, this is the type of case where that might happen. I know many of us see many signs of pre-meditation, but it's certainly not crystal clear. Defense may claim he only meant to sedate her, in order to get the "truth" out of her, but made a mistake.

That would be Murder Two, Degree Two. 8-48 years IIRC.

 

[MaisieBella]

Barry isolated himself as the one and only person responsible.

By making it personal and burning her things.

By attempting to stage the bike and the coffee cup.

By manipulating his phone and vehicle around the time of her last known activity.

By citing an invalid alibi. Presumably the mechanical thing he did and the spa run, probably as proof evident that he couldn't have been murdering her in the afternoon if he was running errands in town. Only he himself eventually placed himself at home, in the yard, and not just with a .22 but firing a .22.

If we speculate further whether Barry kept his weapons chambered and question whether a .22 can fire tranquilizer darts, and whether his .22 was used for that purpose that day, we can't help but notice that an unspent, unfired, unchambered bullet was found. Right by Suzanne's side of the bed. Right where Barry and Barry's shorts and Barry's pocket and Barry's .22 could very well have been.

Additionally his alibi for Sunday is worse. Sitting idle in a hotel room for 5 hours.... hauling unnecessary tools into the hotel after the emergency call ...

Never mind that he called MG before anyone else knew Suzanne would be missing to tell her to find her own way to Broomfield and assemble a crew. Why did Barry think he'd be unable?...

At a minimum, Barry could've attempted to get someone else up there to help him or spent 5 hours at the wall removing bricks...

So his alibi becomes: I was working on a project, only I wasn't.

Barry wasn't even smart enough to sully two plates.

But let's listen very closely to him.

He may have given LE the biggest clue yet.

He's only good at working and hunting.

And that is why IMO Suzanne has not been found.

Look where and how he does those.

JMO

 

[10ofRods]

This may be a dumb question but can they do ancestry type dna testing on the unidentified DNA on the handlebars? Being as the bike was fairly new I'm wondering if the dna can be there from the manufacturing process. I'm picturing something like this :

Prosecution to witness : Were you able to determine the ethnic origin of the dna found on the handlebar?
Witness: Yes it was 80% asian 10% Irish and 10% German
Prosecution Where was the bike manufactured?
Witness China
Prosecution: No further questions.
: :

Depends on how much of the DNA they have. It's almost certain not all 46 chromosomes from one person, except Suzanne or someone who handled the bike very recently.

So, those ethnic markers are distributed across several chromosomes of the genome. Depending on which fragments they have, they could get some ethnic information - but without a really good sample, I don't think any genetics expert would try to say much about ethnicity (there are a couple of places in the genome wherehe Asians are fairly distinct, so they could probably say "European descent" vs "Asian descent," with the exception that many Africans (especially North Africans) also appear "European" unless the data is complete.

Since they have Suzanne's DNA, they can look for the unique runs of codons that identify her specifically - which is apparently what they found on the bike and the DVR cables.

 

[MaisieBella]

@Megnut I have totally mucked this up when all I really hoped to do was say Bravo to your analysis! So Bravo!

 

[Ontario Mom]

The rumor has been around for a long time, because Barry's mom made the claim (later deleted) on the official Find Suzanne Search page - in the first week Suzanne was missing. I should have screen shotted it, had no idea it would disappear. At any rate, several of us saw it and back in the early days when it was still up, it was approved SM here (because it was at that time a public, family-sponsored Find Suzanne page on FB, with participation by Barry's mom and aunt). The reward information was posted there, all of that.

There are now so many groups with same or similar names, and nearly all are private - but I'm pretty sure she deleted her post and dropped out of the group within a couple of months anyway. Not sure what we do with rumor/not rumor when this happens here - but it was discussed many threads ago.

I remember the page clearly, since TN clammed up so fast, after the first few days.
I don't ever recall Barry's mom posting there though, or the accusation that Suzanne cheated on Barry.
Honestly I thought that whole thing came from some random YT person.
Weird how little details like that can get so easily buried or mis-remembered.

 

[Bluebythec]

As far as SM's DNA being on the cables I was wondering if they fiddled with it when they first moved in. IIRC it was said that the system hadn't been working for a long time. We don't know for sure if it was working when the previous owners lived there. I can see where BM might have had SM plugging and unplugging cables while he was monitoring to see if it was working yet. The DNA could be 2 years old and AFAIK there's no way to determine the age of it.

 

[TIGER0822]

M2 isn't off the table just yet....

Can someone chime in? Are they allowed to change the change now from first degree to Second degree murder charge at this stage?

edited: I found my answer above. They can if the prosecutor agree.

 

[iQuill]

Well ... Monday then ... thinking about the daughters, can’t imagine how difficult the next eight months will be for them... and the trial! And never thought I’d say ... grateful for the Daily Mail! Looking forward to the photos. Moo

And most importantly, thank you @NoSI for all you have done. You are valued and appreciated.

 

[TIGER0822]

Oh yes! He was calculated and deliberate in what he was doing.

From the moment he told MG he was leaving to go make his wife happy her demise was cemented.

I can’t shake off the idea that cement was part of the plan when he discarded her remains.

 

[Megnut]

An I missing something? Isn't the POINT of a trial before one's peers that a jury listens to testimony and weighs evidence to reach a conclusion about guilt? Beyond a reasonable doubt... not beyond all doubt. Because even if a person were standing gun in hand over the body of a shot victim in front of twenty witnesses, it's still possible that he didn't do it. Maybe when all twenty witnesses blinked in unison the actual shooter ran up grabbed the gun, shot it, gave it back and ran off. It's just not probable. So to me, of course, it's possible that Barry killed Suzanne, it's possible that someone else did, it's possible that Suzanne's not even dead, it's just that, of those three possibilities, one is far and away more probable.

So am I to understand that Barry got bail because of improbable possibilities?

So the Judge felt obligated to give bail because he didn't feel the Prosecution met the burden, even after he carefully laid out all the reasons why the charges fit?

Isn't it always the case that a jury can find otherwise? Why else have juries?

I'm really trying to understand.

As a judge is required to give deference to the Prosecution (I hope I'm wording that correctly), was this Judge supposed to determine whether bail was warranted, starting from a position of no bail and defending it or was he to determine bail, starting from a position of bail and eliminating it? You see my distinction?

Maybe I'm looking at it backwards or undervaluing different standards for each, but TO ME, it seems like the more challenging case to make is for Murder 1, but once made, the decision for no bail should follow easily. No?

Again, what I hear is: it's appropriate, per the Judge, for the State to charge Barry with M1, but he's granting Barry bail because there remains the possibility that b. or c. occurred and a jury might find him not guilty.

But isn't that always the case? In every case? Or why have juries???? The Judge said this wasn't a mini trial! The State did not make their case for or before a jury.

What could or should the Prosecution have done to keep Barry held in?

He is IMO a flight risk, a risk to family and witnesses (as noted by multiple restraining orders), Barry has proven himself to be above the law, Barry has both means and motive to do harm...

Blast it. I wish the rule was No body, no bail.

Trying really hard right now to appreciate the protections in the Constitution... because it should be hard to remove someone's freedom prior to conviction.

I just don't like it right now.

JMO

 

[Murphy1950]

I know many of us see many signs of pre-meditation, but it's certainly not crystal clear. Defense may claim he only meant to sedate her, in order to get the "truth" out of her, but made a mistake.

That would be Murder Two, Degree Two. 8-48 years IIRC.

RSBBM
As predicted and expected, so far only Suzanne has been put on trial, not Barry. The whole theme, this past year or more in the Morphew household, could be about all of them forgiving and accepting Suzanne in spite of what she did to the family.

But poor dad, can't forgive himself for this accident. This is even an angle I could possibility see the girls accepting and we need to forgive poor, poor dad.

 

[Boxer]

Oh, of course it requires consent of both sides. But, unless Chaffee County has infinite resources and wants to do a do-over of all of this, it will not surprise me if the DA agrees - at that point, especially after hearing that the jury is deadlocked.

Better to convict Barry at his first trial., IMO.

At any rate, this is the type of case where that might happen. I know many of us see many signs of pre-meditation, but it's certainly not crystal clear. Defense may claim he only meant to sedate her, in order to get the "truth" out of her, but made a mistake.

That would be Murder Two, Degree Two. 8-48 years IIRC.

He could have set M1 in motion, then didn't get to the planned murder yet, instead catching her sending pics etc. and committed M2.

I think Sheriff Spezze is counting on finding SM before trial.

 

[Megnut]

He could have set M1 in motion, then didn't get to the planned murder yet, instead catching her sending pics etc. and committed M2.

I think Sheriff Spezze is counting on finding SM before trial.

He better hurry. Snow is coming.

Unfortunately because Barry is only good at working and hunting, I'm not sure she's findable.

He may have meant what he said about Mountain Lions. He just skipped over a couple of steps.

JMO

 

[Deleted member 222031]

An I missing something? Isn't the POINT of a trial before one's peers that a jury listens to testimony and weighs evidence to reach a conclusion about guilt? Beyond a reasonable doubt... not beyond all doubt. Because even if a person were standing gun in hand over the body of a shot victim in front of twenty witnesses, it's still possible that he didn't do it. Maybe when all twenty witnesses blinked in unison the actual shooter ran up grabbed the gun, shot it, gave it back and ran off. It's just not probable. So to me, of course, it's possible that Barry killed Suzanne, it's possible that someone else did, it's possible that Suzanne's not even dead, it's just that, of those three possibilities, one is far and away more probable.

So am I to understand that Barry got bail because of improbable possibilities?

So the Judge felt obligated to give bail because he didn't feel the Prosecution met the burden, even after he carefully laid out all the reasons why the charges fit?

Isn't it always the case that a jury can find otherwise? Why else have juries?

I'm really trying to understand.

As a judge is required to give deference to the Prosecution (I hope I'm wording that correctly), was this Judge supposed to determine whether bail was warranted, starting from a position of no bail and defending it or was he to determine bail, starting from a position of bail and eliminating it? You see my distinction?

Maybe I'm looking at it backwards or undervaluing different standards for each, but TO ME, it seems like the more challenging case to make is for Murder 1, but once made, the decision for no bail should follow easily. No?

Again, what I hear is: it's appropriate, per the Judge, for the State to charge Barry with M1, but he's granting Barry bail because there remains the possibility that b. or c. occurred and a jury might find him not guilty.

But isn't that always the case? In every case? Or why have juries???? The Judge said this wasn't a mini trial! The State did not make their case for or before a jury.

What could or should the Prosecution have done to keep Barry held in?

He is IMO a flight risk, a risk to family and witnesses (as noted by multiple restraining orders), Barry has proven himself to be above the law, Barry has both means and motive to do harm...

Blast it. I wish the rule was No body, no bail.

Trying really hard right now to appreciate the protections in the Constitution... because it should be hard to remove someone's freedom prior to conviction.

I just don't like it right now.

JMO

I believe he granted bail because in the judge's view (misguided as it may seem to you and me) Proof Evident Presumption Great (PEPG) was not met by the prosecution. Whatever factors he weighed after determining and giving a clear statement about probable cause being met led him to believe the PEPG burden was not met (the defense made some points he felt created enough doubt) to the satisfy the holding of the defendant until and if a jury finds him guilty.

If I understand the argument made to my criticisms here, which are like yours, the law relies on the judge in the question of weight toward PEPG & bail. Since it is his decision alone to make, even if a group of his peers disagreed, his judgment would stand in this matter.

Let the inevitable critique and criticisms of my post begin.....

 

[sk716]

He better hurry. Snow is coming.

Unfortunately because Barry is only good at working and hunting, I'm not sure she's findable.

He may have meant what he said about Mountain Lions. He just skipped over a couple of steps.

JMO

I think he tried real hard to lure mountain lions down to the valley and didn't have any luck. The mountains there are pretty lush meaning lots of herbivores for the predators. No need to go down the mountain.

I firmly believe that she's in that ten acre patch of dense forest on the eastern Pahlone spur. The problem becomes getting up there. It's at roughly 9600 feet with the valley floor access at 8500-ish feet.

 

[Seattle1]

I’m guessing the defense wants dismissed things related to Barry’s behavior, past actions, that are unflattering to him. Cheating, shady business dealings, physical altercations, fraud; things that show what a truly despicable person Barry is, but are not directly related to his murder of Suzanne.

True. Under the rules of evidence, bad character evidence of the defendant is typically not admissible until the penalty stage. However, the bad character of witnesses is admissible.

 

[Seattle1]

O/T body found in WY - Gabby?
Body found where Gabby Petito search is underway in Wyoming, no confirmation of identity

 

[Seattle1]

dbl post