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

Discussion in 'Missing Persons Discussion' started by Mysti88c, May 12, 2020.

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  1. Alethea

    Alethea Verified Attorney

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    It is what is presented and the exhibits. So if the AA was entered as Exhibit A, it would be considered.
     
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  2. swedeheart

    swedeheart Well-Known Member

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    I vividly pictured this. And I snorted at "Couple'a Ding Dongs."
     
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  3. OldCop

    OldCop Verified Law Enforcement (retired)

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    Nice work, @sk716. This is exactly the area where @Trackergd and I have suspected from very early on. I don’t how far south off the back road, (towards Pahlone), between PP and the RV Park that searchers ventured. I know they searched that dammed lake to the east of the RV park.
    It’s interesting because on 5/9, cell info has him 1) walking by river at the back of his house, and/or walking near the RV park. If he walked along the river, he would eventually intersect with the dirt road that leads to the RV park.
    Was that afternoon jaunt a scouting trip?
     
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  4. 10ofRods

    10ofRods Verified Anthropologist

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    I realize that it's still Murder 2 - but it is murder 2 in the 3rd degree, not Murder 2 in the second degree.

    So, if there was an interval sufficient for reason to occur, it's Murder 2, degree 2.

    I think they are going for Murder 2, Degree 3, so for brevity's sake, it's the third degree of murder (in terms of severity) in CO.

    Presumably, they also have voluntary and involuntary manslaughter (which may be the same as negligent homicide - it is in some states, don't know about CO).
     
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  5. 10ofRods

    10ofRods Verified Anthropologist

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    Before the PH, we heard that there were 18 witnesses, each with exhibits. Due to time constraints, only 4 prosecution and 1 defense witness got to testify.

    Would the exhibits for the other 13 witnesses still be part of the decision-making?
     
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  6. Momofthreeboys

    Momofthreeboys Well-Known Member

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    Great great question. I'd love for an attorney to answer it...if one doesn't I'm gonna phone a friend as they say. The arrest affidavit is to establish probability that the accused committed the crime. The preliminary hearing is to screen cases to verify the facts with the tip going to the prosecution. It's pretty muddy in this case because the arrest affidavit was extremely lengthy as as the judge says there was a fair amount that is probably not admissible so it feels like he cannot rely on what he may have read in that arrest affidavit. My gut is the judge will rely on what was presented in the preliminary...but legally I don't know. Technically a preliminary will weed out weaknesses...and in my opinion there was weaknesses in the preliminary so really, really interesting question. edited to add I just saw a response to this and I cross posted. Do we know if the affidavit was entered as evidence at the preliminary?
     
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  7. 10ofRods

    10ofRods Verified Anthropologist

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    Alethea already weighed in on this, just above.

    Thanks, Alethea - a lot of us have been assuming the Court could use any of the evidence that's been submitted, but it makes sense that there would have to be labelled exhibits.

    I wish we knew how many exhibits were prepared and submitted...
     
  8. On day 2, they were up to at least exhibit DDD (per Court Transcript videos linked here). That would make more than 60 at that point, wouldn't it?
    MOO
     
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  9. 10ofRods

    10ofRods Verified Anthropologist

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    This is so plausible. So many things line up. Explains why he walked over to the RV park.

    And Sk716 - those images are chilling. It's what I've been picturing (ATV used in body disposal). Wouldn't have taken him that long. I wonder if he drove up that way earlier on the same day (trying to understand why he messed with truck GPS at 5:30 pm).
     
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  10. 10ofRods

    10ofRods Verified Anthropologist

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    Yes - so...maybe over 100 in total? I guess most of these exhibits were of text messages, then.

    No pictures of the cracked door frame? No ping data? I mean, I believe them to have lots of GPS and cellular data...I assume that's what they wanted to present with their remaining 14 witnesses - but...judge didn't see fit to do it that way.

    And surprising to me, not a single word about financial motivations, other than the spy pen arguments. I'd have thought that the sale of the Indiana house and the purported need for the sale to fund the rest of the PP house...would have been in evidence.
     
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  11. Alethea

    Alethea Verified Attorney

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    No, only the evidence that was introduced. You have to err on the side of inclusion. So every witness you'd possibly want to call has to be on that list even if you are not sure you will actually call them. This is to give everyone a chance to prepare. Only in extenuating circumstances and with the permission of the Court would you be allowed to call a witness you did not disclose (and you better have a good reason)
     
  12. DellaC

    DellaC Well-Known Member

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    My children's former babysitter went there so that she could snowboard. Every weekend was a 3-day weekend and she hit the slopes. She ended up marrying an editor for Snowboard (magazine).
     
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  13. Love Never Fails

    Love Never Fails Well-Known Member

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    So if he got way with 1st degree murder and prosecution had to accept 2nd degree, does that make him smarter than we all gave him credit for? Seems that way to me. And for someone that smart, who of course would have it all planned, he sure made a ton of mistakes after the crime.

    I think the preliminary hearing threw us all off, which is what the defense attorney wanted to accomplish.

    I am hoping there is a so much more to the AA then we could ever hope for. I do believe he is guilty of murder one.
     
    Last edited: Sep 15, 2021
  14. Pink2017

    Pink2017 Well-Known Member

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    Shoelaces??? Would love to find recent photographs of BM wearing his boots...cannot tell much about the state of boots from these pics..
     
    Last edited: Sep 15, 2021
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  15. MaisieBella

    MaisieBella Well-Known Member

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    I’m on the edge of my seat!
     
  16. Trackergd

    Trackergd Verified SAR Manager and Tracker - Retired

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    That is some nice work. It's not a spot that would see a high degree of foot or ATV traffic. The potential for accidental discovery would be too low to calculate.
     
  17. Scootie98

    Scootie98 Well-Known Member

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    I doubt that Barry's plan is to be convicted of M2. At his age...he would be quite elderly upon release. A conviction for M2 under the circumstances we are aware of is no defeat. However, we don't know what is in the AA and what additional evidence which supports M1 will be presented to a jury. I think alot of our opinions and speculations will change when we see the AA.
     
  18. Momofthreeboys

    Momofthreeboys Well-Known Member

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    I felt like they covered it from texts. Suzanne was wanting to recoup money from the closing of the Indiana house to fund herself after a divorce...it seemed to me that came out in various pieces of text messages. I'm not sure what more they would need. I'm assuming the door frame crack was covered from what we've seen in tweets and perhaps they didn't use an image because it wasn't apparent that it was "fresh" and they wanted to plant the seed that it had happened within the time frame prosecution is suggesting by making the point they had talked to the previous owners...which also tells me it didn't look "fresh" perhaps or to be charitable they were just doing diligence. It "could" be used later I suppose if they can prove it is a new crack in the frame.
     
  19. Momofthreeboys

    Momofthreeboys Well-Known Member

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    It's not what is in the AA so much as what is admissible. The AA might flesh out what we know but I expect it to be heavily redacted due to admissability issues...then will come the evidentiary suppression motions :-(
     
  20. Love Never Fails

    Love Never Fails Well-Known Member

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    Yes I know Barry wants to walk free.

    My post was a satire of his intelligence. I don’t believe the AA will change my opinion of him or my speculation that he committed the murder of Suzanne. An M2 conviction isn’t really the justice Suzanne deserves.

    I know I sound really harsh but I am sick of the Peterson’s, Watts’s, and Frazee’s of the world. And many others, men and women.

    When you can’t have what you want in the relationship, you walk away.
     
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