Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #102

[Ontario Mom]

“I’ve never seen prosecutorial misconduct this egregious in my entire career,” defense attorney Iris Eytan said. “I will file a request for investigation because I believe they withheld exculpatory information which would have pointed toward Barry’s innocence. I believe they concealed evidence and I believe that they manufactured evidence in this case.”

I can't see why Iris Eytan would push for an investigation of the DA for prosecutorial misconduct if her client was guilty and the only reason charges were dropped was because the prosecutor's office got behind and couldn't handle the case. If that were the case, she would just fade away without calling any more attention to the case. My feeling is she is pursuing prosecutorial misconduct against the DA because the case against BM never should have been brought.

Morphews speak out as their attorney wants prosecution investigated

Two weeks after the murder trial against Barry Morphew was dismissed without prejudice, his attorney said that she will soon be asking the state to investigate 11th Judicial District Attorney

denvergazette.com

So just curious then, you agree with Eytan's position that the DA both concealed evidence, as well as manufactured evidence against Barry Morphew?

 

[susiQ]

The mistakes prosecution made are well documented by both judges so to say the prosecution did not have misconduct is not true. The facts as known regarding what the original case was based on do remain with all the same legal rulings around hearsay etc. It isn’t legally just a do-over however.

IE stated publicly that the prosecution outright “lied” and hid “exculpatory” evidence which is in itself, a lie. If she had bonfide exculpatory evidence, why didn’t she present it and secure a dismissal of charges? We know why. There is none. Unfortunately, it appears defence attorneys can say whatever they like without repercussions.

The misconduct you speak of was harshly sanctioned by Judge L. The fact remains, BM IS responsible for Suzanne’s death. IE KNOWS this, yet she is willing (or so she pretends?) to push for an investigation of the prosecution to recoup expenses for her client who she absolutely knows they are coming for in the future. Barry may have lots of $$ from selling off everything but let’s face it, the next round is going to cost him what’s left and then some. In the off chance that she does file for an investigation, I have no doubt it will fail, she will not get $$ for the Bare and he will be that much poorer for her trying.

Having said that, if she files and wins, I’ll have my crow roasted please .

ed:sp

 

[Nikynoo]

This is why the presence of staging itself is the most important thing, rather than trying to see back to the original timeline.

In the Pistorius case, the crime scene is so confused, precisely because he iterated the staging, first trying to stage an actual intruder, then when help arrived too quickly, switching to the mistaken intruder version

Ditto in this case - you can see the "improvements"

The "real" abductor had no need to stage. He just abducts the victim and dumps the body somewhere in the wilderness.

But why even mention the missing bike if he staged the potential abduction from home scene? Sorry, I'm not following the thinking on this?

 

[Megnut]

I don't think Barry had any idea -- or care -- what Suzanne did during her days, just so long as she didn't withhold lovingness.

IMO he didn't stage a coffee cup or cat food or even factor for them.

I think Suzanne's Saturday was interrupted. First, by cybercuddly time with JL, then by Barry's "killing time."

i think Suzanne poured herself coffee on Saturday morning. Drank half and never got a chance to wash the cup. I think Suzanne never got a chance to feed the cat (Saturday evening or Sunday morning).

I think Suzanne was sunbathing and exchanging countless messages with JL while Barry was traipsing through their woods, possibly trying to get a bead on her. Unsuccessfully at that juncture.

Eventually Barry left to get the new blade (why did your blade need replacing that day, Barry?) and just as he was about to head home, Suzanne and her bikini and her towel went inside.

I think Suzanne probably waited briefly for Jeff to sign onto wa, determined he was otherwise occupied, hung up her bikini, showered, dressed. It was close to 3pm, approaching her typical bike ride timeframe. I believe she dressed for biking (her bike, safe in her car until about 3am when Barry moved it), stripped the upstairs bedding (where I think Barry had been sleeping), and started a load of laundry.... within minutes of Barry's arrival --

If only the spy pen could've picked up what happened next --

Barry says people don't know the truth.

Is it this, Barry -- that you would never kill your wife on Mother's Day?

(Didn't have to. It was already done.)

What did you do with the brown towel, Barry? Did you shower after? Did you cover her face?

Did you have to throw out a set of sheets, Barry? Did you have to replace a mattress? End of life evacuation isn't glamorous.

Methinks Busy B was busier than we've given him credit (blame) for.

JMO

 

[Love Never Fails]

Someday, alongside recognizing all forms of domestic violence as criminal, I hope we see a parallel awareness of domestic violence against children, for the children caught in their parents' domestic violence. Like thick second hand smoke, invisible but so very toxic.

LS (either one) isn't the enemy. LE isn't the enemy. A parent who steals a parent away from children and then blocks them from the support of the community, from the natural flow of grief and process -- that's just evil.

I wish that could be an add-on charge.

It is cruel beyond words.

JMO

Amen! (Barry is cruel and worse for the games he is playing.)

 

[Love Never Fails]

But why even mention the missing bike if he staged the potential abduction from home scene? Sorry, I'm not following the thinking on this?

Likely because he wanted the abduction to be away from home.

 

[Momofthreeboys]

But why even mention the missing bike if he staged the potential abduction from home scene? Sorry, I'm not following the thinking on this?

They have no evidence of how the body was moved....or what they know was never in any of the lead up to the dismissal. LE only knows that her bike was in the ravine and she wasn't. The bike will always be part of the case in my opinion. LE suspects Barry walked it there or drove it there somehow and they really don't have any GPS that shows his truck moving that night except 95 feet in the driveway. The older Range Rover did not have GPS tracking and we never were exposed to the data from Suzanne's newer Range Rover. They "think" he pitched the helmet across Hwy. 50 either heading west the morning he left for Broomfield or after he turned around although you can get to the spot where the helmet was without going out on Hwy, 50. So we have all these pieces that were never connected for "us." We do know that defense knew whatever prosecution had allegedly.

 

[DizzyB]

They have no evidence of how the body was moved....or what they know was never in any of the lead up to the dismissal. LE only knows that her bike was in the ravine and she wasn't. The bike will always be part of the case in my opinion. LE suspects Barry walked it there or drove it there somehow and they really don't have any GPS that shows his truck moving that night except 95 feet in the driveway. The older Range Rover did not have GPS tracking and we never were exposed to the data from Suzanne's newer Range Rover. They "think" he pitched the helmet across Hwy. 50 either heading west the morning he left for Broomfield or after he turned around although you can get to the spot where the helmet was without going out on Hwy, 50. So we have all these pieces that were never connected for "us."

I agree with you there. I know it’s not how it actually works (citing OJ) but I want LE to have a complete story to tell a jury. Where did Suzanne perish? How did Barry get Suzanne out of the house? Was Suzanne’s Range Rover moved after her last communication? Was the Range Rover that lacked telematics seen on any footage on Saturday? Why didn’t Barry say a word about a cat when he went into the home to get Suzanne’s clothing for the dogs?

An attorney like IE can put doubt into a jury that grew up on Law and Order episodes where everything is wrapped in a nice bow. A strong prosecution makes you understand that it doesn’t really work like that. I think a do-over with a tighter case and prosecutorial team is a good thing.

 

[Love Never Fails]

I don’t know if it will scare other DAs, but I’m pretty sure it hasn’t scared LS. She has ALL the evidence against that narcissistic, wife abusing, animal killer (I’m not adverse to people hunting for food they eat and share with others). Yes, things went sideways, unfortunately, but that doesn’t change the evidence in this case. Nor does anything IE spins in the media. When this goes to trial, hopefully with a judge that is paying close attention to detail, all the spin in the world won’t help the Bare.

I also think IE did herself a harm, kissing “that man” in the parking lot. Yuck! What on earth was that woman thinking?! Unless of course, it was just another ploy to make the unaware public think, “Wow, she hugged and kissed him, he MUST be innocent.” She really is a master of spin. If that wasn’t her angle, she really is a bit weird. She’s kissing someone she KNOWS is a wife killer. That’s actually really sick. IMHO.
ed:word

As far as that kiss in the parking lot, weird things have happened between criminals and women. She has an affinity for helping killers and rapists. Maybe she fell for him. Maybe attacking LS is a plan to create a righteous Barry and keep him for herself. Stranger things have happened. The kiss was so unprofessional.

 

[CGray123]

“I’ve never seen prosecutorial misconduct this egregious in my entire career,” defense attorney Iris Eytan said. “I will file a request for investigation because I believe they withheld exculpatory information which would have pointed toward Barry’s innocence. I believe they concealed evidence and I believe that they manufactured evidence in this case.”

I can't see why Iris Eytan would push for an investigation of the DA for prosecutorial misconduct if her client was guilty and the only reason charges were dropped was because the prosecutor's office got behind and couldn't handle the case. If that were the case, she would just fade away without calling any more attention to the case. My feeling is she is pursuing prosecutorial misconduct against the DA because the case against BM never should have been brought.

Morphews speak out as their attorney wants prosecution investigated

Two weeks after the murder trial against Barry Morphew was dismissed without prejudice, his attorney said that she will soon be asking the state to investigate 11th Judicial District Attorney

denvergazette.com

Regardless of the PR spin:

1. IE knows BM is in a tough spot: he is still subject to arrest and prosecution after spending $300,000 - 400,000 to defend the charge. If they find SM this fall, he will surely be back in court. Even if not, he's at risk for the rest of his life. He can't be happy.

2. She wanted Judge L to find that Stanley's discovery violations were deliberate attempts to disadvantage her client, and/or that the Motion to Dismiss was made in bad faith, or as part of a pattern of harassment. Judge L found against her on both arguments. Stanley's motion was filed without prior notice, so IE didn't have a chance to prepare. She is probably feeling both sandbagged by Stanley and home-towned by Judge L.

3. She needs a stopper: a way to get the case dismissed as soon as it's filed. The attorney discipline system offers a forum in which IE can make her arguments about bad faith and harassment, and at least hope for a finding against Stanley, who is vulnerable because she already has a public censure.

4. She's hoping that if Stanley is faced with such a finding, she will be deterred from re-filing. Also, an administrative finding against Stanley or her assistant prosecutors will strengthen IE's hand when she moves to dismiss a re-filed charge with prejudice.

MOO, not an attorney.

 

[K9Enzo]

I'm sure BM's defense bill is in the six figures, but since this case didn't make it to the trial, realistically, how much did he spend?

Also, if he's arrested again, should we see a completely different AA? Does the DA need "new" evidence or something in addition to what they already have? This part has confused me.

 

[GatorFL]

Regardless of the PR spin:

1. IE knows BM is in a tough spot: he is still subject to arrest and prosecution after spending $300,000 - 400,000 to defend the charge. If they find SM this fall, he will surely be back in court. Even if not, he's at risk for the rest of his life. He can't be happy.

2. She wanted Judge L to find that Stanley's discovery violations were deliberate attempts to disadvantage her client, and/or that the Motion to Dismiss was made in bad faith, or as part of a pattern of harassment. Judge L found against her on both arguments. Stanley's motion was filed without prior notice, so IE didn't have a chance to prepare. She is probably feeling both sandbagged by Stanley and home-towned by Judge L.

3. She needs a stopper: a way to get the case dismissed as soon as it's filed. The attorney discipline system offers a forum in which IE can make her arguments about bad faith and harassment, and at least hope for a finding against Stanley, who is vulnerable because she already has a public censure.

4. She's hoping that if Stanley is faced with such a finding, she will be deterred from re-filing. Also, an administrative finding against Stanley or her assistant prosecutors will strengthen IE's hand when she moves to dismiss a re-filed charge with prejudice.

MOO, not an attorney.

I think the case is broken forever without substantial new evidence.

From the motion to dismiss: "The ongoing investigation into the location of the body must be resolved to further the interests of the public. The public seeks a swift resolution of this case, but more than anything, seeks an indisputable answer as to whether or not Ms. Morphew is dead before her killer can be held accountable. This motion also protects the Defendant, as it spares him from a juries’ fast approaching, and potentially unfavorable, verdict. The Defendant’s bond would be discharged, and the case would be a nullity. In the event the case is refiled, the Defendant retains all of his rights to further litigation, and perhaps collateral estoppel on issues already decided. As such, the Defendant’s position would be no worse, and perhaps even stronger, should the case ever be refiled."

Judge Agrees to Dismiss Murder Case Against Barry Morphew as Prosecutors Claim Authorities Are 'Close' to Finding His Wife's Body

Colorado prosecutors on Tuesday moved to dismiss a murder case against Barry Morphew, the husband whose wife Suzanne Morphew disappeared during a bicycle ride and has never been seen or heard from since.

lawandcrime.com

 

[TwinkieDefense]

May 9, 2022 article

Daughters say they don't think Barry Morphew had anything to do with mother's disappearance

 

[WingsOverTX]

She has brass balls!......(well as we say in australia!)

Brass knuckles, too. This one's a street fighter in a skirt and high heels.

MOO

 

[Megnut]

I think the kiss was choreographed like everything else. Barry's just a loving lover who loves.

Ish.

JMO

 

[CGray123]

I think the case is broken forever without substantial new evidence.

From the motion to dismiss: "The ongoing investigation into the location of the body must be resolved to further the interests of the public. The public seeks a swift resolution of this case, but more than anything, seeks an indisputable answer as to whether or not Ms. Morphew is dead before her killer can be held accountable. This motion also protects the Defendant, as it spares him from a juries’ fast approaching, and potentially unfavorable, verdict. The Defendant’s bond would be discharged, and the case would be a nullity. In the event the case is refiled, the Defendant retains all of his rights to further litigation, and perhaps collateral estoppel on issues already decided. As such, the Defendant’s position would be no worse, and perhaps even stronger, should the case ever be refiled."

Judge Agrees to Dismiss Murder Case Against Barry Morphew as Prosecutors Claim Authorities Are 'Close' to Finding His Wife's Body

Colorado prosecutors on Tuesday moved to dismiss a murder case against Barry Morphew, the husband whose wife Suzanne Morphew disappeared during a bicycle ride and has never been seen or heard from since.

lawandcrime.com

Clearly, from these statements among others, it's reasonable to infer that Stanley will not re-file without new evidence, whether it is SM's remains and associated forensics, or more DNA analysis, or something else.

The motion states investigators believe SM's remains are in a remote and mountainous area near Puma Path. All such areas are owned by the United States. If SM is found on Federal land, I continue to believe a Federal murder charge could be brought, and that would avoid any issues associated with the continuing effect of Judge L's rulings, bad faith by the local DA, or even dismissal with prejudice of the state murder charge. But you're right: the key to such a prosecution is finding SM's remains.

 

[WingsOverTX]

Clearly, from these statements among others, it's reasonable to infer that Stanley will not re-file without new evidence, whether it is SM's remains and associated forensics, or more DNA analysis, or something else.

The motion states investigators believe SM's remains are in a remote and mountainous area near Puma Path. All such areas are owned by the United States. If SM is found on Federal land, I continue to believe a Federal murder charge could be brought, and that would avoid any issues associated with the continuing effect of Judge L's rulings, bad faith by the local DA, or even dismissal with prejudice of the state murder charge. But you're right: the key to such a prosecution is finding SM's remains.

It would be soooo very awesome to see a federal case against this man. MOO

 

[Momofthreeboys]

Regardless of the PR spin:

1. IE knows BM is in a tough spot: he is still subject to arrest and prosecution after spending $300,000 - 400,000 to defend the charge. If they find SM this fall, he will surely be back in court. Even if not, he's at risk for the rest of his life. He can't be happy.

2. She wanted Judge L to find that Stanley's discovery violations were deliberate attempts to disadvantage her client, and/or that the Motion to Dismiss was made in bad faith, or as part of a pattern of harassment. Judge L found against her on both arguments. Stanley's motion was filed without prior notice, so IE didn't have a chance to prepare. She is probably feeling both sandbagged by Stanley and home-towned by Judge L.

3. She needs a stopper: a way to get the case dismissed as soon as it's filed. The attorney discipline system offers a forum in which IE can make her arguments about bad faith and harassment, and at least hope for a finding against Stanley, who is vulnerable because she already has a public censure.

4. She's hoping that if Stanley is faced with such a finding, she will be deterred from re-filing. Also, an administrative finding against Stanley or her assistant prosecutors will strengthen IE's hand when she moves to dismiss a re-filed charge with prejudice.

MOO, not an attorney.

I'm not too concerned about the PR spin either. Her grievance is with Colorado in general and LS specifically even though her points pertain nationally. Part of it in my opinion is done to elevate her position, strategy for next steps in this case and part of it is most likely due to the social media and news hamster wheel which just keeps on turning despite the dismissal.

 

[Nikynoo]

I don't think Barry had any idea -- or care -- what Suzanne did during her days, just so long as she didn't withhold lovingness.

IMO he didn't stage a coffee cup or cat food or even factor for them.

I think Suzanne's Saturday was interrupted. First, by cybercuddly time with JL, then by Barry's "killing time."

i think Suzanne poured herself coffee on Saturday morning. Drank half and never got a chance to wash the cup. I think Suzanne never got a chance to feed the cat (Saturday evening or Sunday morning).

I think Suzanne was sunbathing and exchanging countless messages with JL while Barry was traipsing through their woods, possibly trying to get a bead on her. Unsuccessfully at that juncture.

Eventually Barry left to get the new blade (why did your blade need replacing that day, Barry?) and just as he was about to head home, Suzanne and her bikini and her towel went inside.

I think Suzanne probably waited briefly for Jeff to sign onto wa, determined he was otherwise occupied, hung up her bikini, showered, dressed. It was close to 3pm, approaching her typical bike ride timeframe. I believe she dressed for biking (her bike, safe in her car until about 3am when Barry moved it), stripped the upstairs bedding (where I think Barry had been sleeping), and started a load of laundry.... within minutes of Barry's arrival --

If only the spy pen could've picked up what happened next --

Barry says people don't know the truth.

Is it this, Barry -- that you would never kill your wife on Mother's Day?

(Didn't have to. It was already done.)

What did you do with the brown towel, Barry? Did you shower after? Did you cover her face?

Did you have to throw out a set of sheets, Barry? Did you have to replace a mattress? End of life evacuation isn't glamorous.

Methinks Busy B was busier than we've given him credit (blame) for.

JMO

I'm sorting of seeing where this is going. I'm tending to agree about the coffee and the cat food being there saturday. And I'm tending to agree that she changed into her cycle gear and changed the bed after the cyberchat and before BM got home. If the alleged attack by BM was in the master bedroom (the damaged door), I think the pen in the wardobe would have picked that up. So, does that make the spare bedroom (where the bed clothes were being changed) more likely?

Re the coffee - perhaps a coffee made after the cyberchat with JL?
Re the cat food - was the can opened? was the food fresh? Dried out? Have maggots (from flies)?

I've just looked at the timeline again and it is clear that the blade was being changed whilst the cyberchat was going on.

CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 , MEDIA,MAPS,TIMELINE *NO DISCUSSION*

Barry Morphew motions hearing on WebEx hacked, "never seen this lengthy [an] affidavit" Jan 24, 2022 CHAFFEE COUNTY, Colo. — Today a motions hearing is being held regarding Barry Morphew, the Chaffee County man accused in the May 2020 disappearance and murder of his wife, Suzanne. [..]...

www.websleuths.com

May 09, 13:51 – 14:13 – Barry at DSI, replacing Bobcat blade
May 09, 14:26 – Barry texts Suzanne, “Done headed back.”
May 09, 14:31 – Barry texted Suzanne, “Did you leave.”
May 09, 14:43 – Barry’s phone and F-350, per telematics, arrive at the Morphew residence.

Questions -
* did LE get a warrant to check WA activity on Suzanne's account?
* did Suzanne have the Linkedin App or did she access via the mobile site?
* What time was the Oliver wedding on the Sunday?
* Do we have any direct evidence that Suzanne attended virtual church sunday services on a regular basis (e.g. statement from the church itself)?
* what did Suzanne do when she finished talking with JL and it was clear to her that he was not going to WA? Did she go inside to make a coffee? Feed the cat? Have a shower and get changed? Or something else?
* If Suzanne said to JL that she was going on WA - why did he continue to send messages via Linkedin?

Observations
I am thinking that perhaps if Suzanne was alive sunday morning she would have timed any bike ride with the sunday service and the upcoming Oliver wedding (hence my questions above).

 

[GatorFL]

Clearly, from these statements among others, it's reasonable to infer that Stanley will not re-file without new evidence, whether it is SM's remains and associated forensics, or more DNA analysis, or something else.

The motion states investigators believe SM's remains are in a remote and mountainous area near Puma Path. All such areas are owned by the United States. If SM is found on Federal land, I continue to believe a Federal murder charge could be brought, and that would avoid any issues associated with the continuing effect of Judge L's rulings, bad faith by the local DA, or even dismissal with prejudice of the state murder charge. But you're right: the key to such a prosecution is finding SM's remains.

Without knowing where she expired, in other words did she die on Federal land, I don't see any US Attorney filing charges in this case. JMO.