OK, remainder of morning of Day 3. The dates are all over the place, but I typed up as presented in court. Please let me know if you have any questions. Thank you!
This is my interpretation of what I heard. This information has been
provided for use and discussion at Websleuths only.
Day 3
Afternoon Continued
Agent Grusing recalled by Prosecution at 2:48 PM.
Prosecution had Agent Grusing confirm that he has done some extensive work in the field of Intimate Partner Violence (IPV).
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Chipmunk gun” –
PROSECUTION EXHIBIT 96 & 97: Photo showing gun and scope. Gun handed to Grusing in March 2021. Barrel of gun is 7 ½ inches. Gun is 16 inches long.
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Role of auditor” – Is strategic and slow. Going through evidence. This was Grusing’s role.
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BMs goal” - “To be cleared”.
May 9, 2020 – As per BM, SM and BM had sex. It was reportedly “great”, because “there were no chemicals in Suzanne”. They had a “great night:. They put their phones away. BM told Grusing “I just wish you knew how amazing she (SM) was”. BM also voiced concern about SMs “drug and alcohol abuse” and that she kept friends and other things hidden from him. Stated “I, Barry, was the ATM”.
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tranquilizer darts” – BM confirmed that he never used tranquilizer/tranquilizer darts in Colorado. Only used them in Indiana on his deer farm.
June 2, 2020 interview – Grusing’s initial meeting with BM. FBI would take over where CBI left off. The initial meeting took place in the “Cushman’s (spelling?) backyard” (neighbor’s backyard). BM informed Grusing that SM most recently did well in the Summer when they moved to Salida, which was Summer of 2018. Grusing asked BM when he last saw SM/what his last image of SM is in his head and BM didn’t answer this question x3.
May 9, 2020 – As per interview with BM, SM and BM ate “veggie soup out in the sun”. SM was “perfectly fine” and “had no alcohol in her”. They reportedly hiked to Fooses that night – this would have been about 6-7 hours after SM sent her last message, which was SMs last confirmed online activity.
May 10, 2020 – BM reportedly woke up at 4:15 AM-ish. Said at that time SM was naked. BM now worried that “CBD Tim” is involved in SMs disappearance. BM voiced that “Suzanne bought drugs off of him” so he is a possible suspect.
July 8, 2020 interview – Recovered deleted texts including text that “Suzanne is in one of her moods”. BM only remembered that he threw away trash in the McDonald parking lot, not at the other trash run locations. He stated that he was at the Broomfield worksite when Jean Ritter called (which is incorrect). Regarding SM’s “I am done” text, BM stated “She never said that. She loves her family too much”.
May 5, 2020 – SM “delivered” girls to spring break (road trip). As per BM, “Suzanne’s behavior got worse. She was drinking the whole time” after that.
May 6, 2020 – BMs “suicide text”. BM explained that “I was just trying to hurt her. That was all I was doing”. After BM was told about the affair, he stated “Now it makes more sense in God’s eyes” and “Maybe, in God’s eyes, his way of resolving something”.
May 10, 2020 – 3:25 AM telematics became active. 4:30 AM BMs phone became active.
PEOPLES EXHIBIT 59: SMs selfie.
LAST PROOF OF LIFE. BM stated when he saw the selfie “she is obviously drunk”.
3:27 PM - BM now wearing reading glasses. Looking at a photo with IE. Likely SMs selfie.
Break. Court will resume at 3:35 PM.
Mr. Lindsey interviews Agent Grusing.
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airplane mode” – 2:37 PM on May 9, 2020, 2:34 PM on May 9, 2020 BM arrived at Puma Path, 10:17 PM phone out of airplane mode, 10:17 PM – 3:25 AM: Phone at Puma Path, not in airplane mode, no texts.
May 10, 2020 at 3:25 AM: BM supposedly took left turn on US50 to follow a bull elk.
March 5, 2021 interview – DSI parking lot. May 9th & 10th, 2020 regarding airplane mode, BM was asked what he knows about airplane mode. Showed Grusing “Just scroll up to settings, it’s the first thing you see, if in airplane mode it would have been an accident”. He didn’t recall that he put the phone in airplane mode. BM asked Grusing “
WHAT ABOUT IMMUNITY? CAN YOU GIVE ME IMMUNITY IF I OPEN MY LIFE UP TO YOU?” BM also shared that SM changed. Stated “She turned into a different person; physically fit, ballsy”.
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chipmunk gun/tranquilizer dart” – When last fired? BM shared that he shot/shot at 2 deer at Puma Path in late April 2020. BM said “Looking back, there are some things that make me look bad”.
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divorce” – BM said “
I am not discussing it. It’s never gonna happen”.
April 5, 2021 interview – Grusing showed BM photos. Asked BM if he has ever been violent with SM. There was item on SMs grievance list “
Just wrestled free”. BM answered that he never “
Grabbed” or “
constricted” SM. Admitted to “clipping her nose” accidently. When shown pictures of SM, BM stated that SM appeared “intoxicated on every picture so far”. As per Grusing, it didn’t appear this way and she was smiling in all of them.
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mini camera” – Box was found, but camera was never located. BM reportedly doesn’t know what happened to it.
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scope” – BM thought that his scope was mounted on his gun. However, it was located in the safe. BM then stated “maybe not mounted”.
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sawed off gun” – I wrote “didn’t match gun”, but now not sure what that means. L BM informed that he only used the gun in the garage/breeze way and not in the actual residence.
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last person to see SM alive” –
WAS BM! Historically, consistent conversations (JL etc.) stopped Saturday, May 9, 2020. “
SOMETHING HAPPENED TO SM, HER PHONE, OR BOTH, SINCE NOT TALKING TO JL ANYMORE” BM agreed with this statement.
It was discussed that SM & JL were always cognizant and didn’t talk with spouses/kids were around.
May 6, 2020 at 10:13 AM – Regarding “I am done” text, BM stated “She never sat me down and said that to me ever”. Comments were made via text, but never in person. BM stated if she wanted to get divorced, he would have “
written check, gave her half, go own way”.
“BMs last image of SM” – Around 5 am in bed on May 10, 2020, “
just a lump”, SM reportedly “snored lightly” when BM left.
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Lisa Wolf” – With Colorado Parks & Wildlife. She has been a Veterinarian for 35 years. She was asked how much “BAM” tranquilizer would be needed for a female that weighs 120 lbs. She was familiar with BAM. She shared that the dart is designed to penetrate animal hide. In a human, the dart would lead to a significant hematoma. The person would be expected to be fully sedated in 8-12 minutes. Complete sedation would last approximately 8 hours. The person would likely “run” for 2-3 minutes, acting intoxicated, wobbly, unstable. Breathing: may become difficult, leading to brain hypoxia, a possible sign/symptom would be
snoring.
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snoring” – BM stated “numerous times” that SM was snoring when he last saw her.
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burned items in fireplace” – BM shared that SM was “cleaning out file cabinets” leading to the remnants of file folders being present in the fireplace.
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I don’t recall” – BM answered with “I don’t recall” a lot. All in all, 95x “I don’t recall”. BM would say that whenever he heard James Comey or Hillary Clinton say “I don’t recall”, it would be a lie and “they did not want to tell the truth”.
May 9, 2020 – BM texts SM at 2:31 PM “Did you leave?” BM reported that he did not shoot the tranquilizer gun on May 9, 2020. “BAM”, telazol, or xylazine are some tranquilizer options. BM thought that the tranquilizer was on his workbench, but it wasn’t (maybe was part of trash run?).
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voting for SM” – BM stated “Yeah, because I wanted Trump to win. The other guys are cheating. She would have voted for Trump anyway”.
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meaning of BMs life post SM disappearance” - “Life only consists of hunting now”.
“last text from SM to JL” -
May 9, 2020 at 2:13 PM.
NO OUTGOING MESSAGES AFTER THAT.
May 10, 2020 - BM in Broomfield. BM was told “
THERE IS NO WAY THAT SM WOULD NOT USE HER PHONE IF SHE WAS CONSIOUS”. BM bowed head in response to this and said “Yeah”.
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BMs truthfulness” – BM was asked by LE “are you truthful?”. BM responded “It’s in God’s hand. He allowed this whole thing to happen”. BM reportedly thought that he would be cleared within 2 months.
May 5, 2021 – After BM was apprehended, Grusing interviewed BM again. BM asked Grusing “How could you do this to me? I trusted you!”. Grusing informed BM that the evidence was presented to the DA and an arrest warrant was issued for murder.
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one steak” – Based on April 22, 2021 interview, SM and BM ate steaks on the evening of May 9, 2020, but only 1 plate was found in the dishwasher. BM explained that they only grilled one steak as SM said she couldn’t eat a whole steak. BM stated that they grilled 1 steak and ate off 1 plate.
March 5, 2021 interview – Conducted at the Tailwinds jobsite. BM stated “
When Suzanne married me, it was marriage for life. I am a godly man”.
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infidelity” – As per interview with BM dated May 12, 2020, “there is none. 100% none. I have been 100% faithful in entire marriage”. When asked about if SM may have been unfaithful, stated “not at all”. March 21, 2020 interview – “She has never been with another man”. June 2, 2020 – LE introduced BM to the idea that SM had an affair. They asked BM “how do you know there has been no unfaithfulness”. BM answered “because of her relationship with God”. June 3, 2020 – BM interviewed by CBI. He stated that it was hard for him to be asked affair-related questions. Stated “He (one of the LE agents) put that in my head (the possibility of an affair). I work 12 hours per day. She is alone”. July 1, 2020 – BM asked LE if any information about a possible affair can be shared with him. July 8, 2020 – A 6-hour interview took place. LE was more “confrontational” with BM. LE at Puma Path with BM. BM said prayer for CBI Agents at a meal that they shared. CBI probed if BM knew that SM had an affair. BM stated “I just don’t think that she would do that. But you guys planted doubt”. BM also stated “She is the love of my life. I would lay down my life for that girl”.
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changing stories” - BM was reportedly in “shock” for 5 days after SM went missing and due to this his stories changed, including the time with the bobcat blade was changed, when he went biking with SM at Fooses, argument with SM Wednesday vs. Friday, and day of going to Salida Stove & Spa Wednesday vs. Friday evening.
May 9, 2020 - As per BM, they had sex after dinner. BM then remembers “me (BM) rolling over and going to sleep”. SM likely stayed up longer because she has more trouble with sleep.
January 27, 2021 interview –
Grusing and Harris told BM about affair. So far, 20 interviews had been conducted, but none since July 8, 2020. BM reportedly had “no idea” of the affair and stated that “he never would have suspected it”. He shared that they (BM and SM) had an “unbelievable” time in Florida in February 2020 including having sex 3x per day and SM being romantic with BM.
May 6, 2020 – Suicide text from BM to SM included verbiage “Meeting my savior. Life mere grain of sand in comparison to eternity”. He reportedly sent this text in order to hurt SM. He expected SM to reply, but she didn’t.
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bringing girls into the fights” – BM brought girls into the fights by telling them “Mom thinks I have an affair, but it’s not true”. He regretted doing this and said “it’s the worst thing I ever did”. SM was reportedly very mad.
January 28, 2021 – At DSI. Phone call between CBI and BM. BM stated “What you told me yesterday (SMs affair) blew my mind”. BM reportedly presented as “troubled” by the suggestion that SM is dead.
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phone pass code” – SM reportedly had the passcode for BMs phone.
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missing money from safe” – BM claimed that “lots of money is missing from safe” (70k).
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SMs affair” – BM wanted to know who SMs affair partner was and how long the affair had been going on. When CBI told him that the affair had been going on for 2 years, BM “shocked” and stated “this blows my mind that she pulled this off”.
As per Judge, Prosecution had 3 hours 25 minutes today and Defense 2 hours 55 minutes. Overall, Defense is still ahead in how much time they used.
Court excused for the day.
