Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w prejudice* #104

[Momofthreeboys]

IMO there is partial DNA in every vehicle and home. For a Judge to take a partial (no such thing) DNA match found only in a vehicle, no matter who presents such "evidence", place significant weight on that DNA. Disregard loads of forensic, data, vehicle, and phone data, and state that 2 situations are likely

1. BM murdered her and disposed of her body

Or

2. A random attack where this partial sex offender abducted and killed her. There was one partial DNA in her glove box. A veteran Judge, after hearing the PH came to that conclusion and granted bail. He then recuses himself.

I believe that is bad judgement.

Plus very little was presented in the preliminary regarding telematics, gps...it sounded to me like some of that data they didn't have back when they started the ball rolling with the arrest. They used the phone data primarily to tell a story that he was chasing her around with a tranquilizer gun disregarding very common knowledge about phone drift especially in mountainous areas. There were many mistakes made in this case, but not so much the judges errors as much as people want to rewrite the story.

 

[Megnut]

Plus very little was presented in the preliminary regarding telematics, gps...it sounded to me like some of that data they didn't have back when they started the ball rolling with the arrest. They used the phone data primarily to tell a story that he was chasing her around with a tranquilizer gun disregarding very common knowledge about phone drift especially in mountainous areas. There were many mistakes made in this case, but not so much the judges errors as much as people want to rewrite the story.

Phone drift is real, but Barry confirmed that he was indeed racing around, firing a weapon. At the very moment Suzanne ceased all communication forevermore.

LE has Barry's phone records. Days prior, days post. They'll have a handle on what phone drifting looks like and doesn't.

I will say this. I think Suzanne's phone drifted. Into the water. With Barry's help.

JMO

 

[Love Never Fails]

RSBM - agreed. Cahill was not able to explain that there was in fact no linked "sex offender"

The judge can only evaluate what the witnesses tell him

I wonder about Cahill’s reasoning in not following what prosecution expected of him in his testimony. It has been discussed before but he had to know he was going against the D.A.
Did he dislike her that much?

 

[Love Never Fails]

Plus very little was presented in the preliminary regarding telematics, gps...it sounded to me like some of that data they didn't have back when they started the ball rolling with the arrest. They used the phone data primarily to tell a story that he was chasing her around with a tranquilizer gun disregarding very common knowledge about phone drift especially in mountainous areas. There were many mistakes made in this case, but not so much the judges errors as much as people want to rewrite the story.

I think open, honest discussion is not people wanting “to rewrite the story”.

 

[Momofthreeboys]

I wonder about Cahill’s reasoning in not following what prosecution expected of him in his testimony. It has been discussed before but he had to know he was going against the D.A.
Did he dislike her that much?

He probably didn't want to lie for her, We found out later that pretty much the entire CBI team all the way to the top thought she arrested too soon. Lindsey also certainly couldn't get out of this mess fast enough.

 

[Love Never Fails]

He probably didn't want to lie for her, We found out later that pretty much the entire CBI team all the way to the top thought she arrested too soon. Lindsey also certainly couldn't get out of this mess fast enough.

I’m not sure I accept that. I think a true professional would have that conversation with her directly. I’m not sure he thought it was a lie.

I can believe he may not have liked her. Heck, maybe it was a good old boys club fighting the new woman in town. We don’t know what went on behind the scenes. But professionally, the whole group should have stayed the course for justice. Something is wrong somewhere.

 

[mrjitty]

Phone drift is real, but Barry confirmed that he was indeed racing around, firing a weapon. At the very moment Suzanne ceased all communication forevermore.

LE has Barry's phone records. Days prior, days post. They'll have a handle on what phone drifting looks like and doesn't.

I will say this. I think Suzanne's phone drifted. Into the water. With Barry's help.

JMO

BIB

Exactly. We've debunked this so many times, I made an extensive post on it.

There is simply no way the defence can argue, against their own clients direct statements, based on no evidence, that the phone was drifting.

Especially counsel cannot sock puppet conflicting testimony for the accused, where the accused does not take the stand.

Otherwise counsel would be able to advance entirely new versions of events which the accused himself never told anyone about, yet which contradict his own version.

 

[mrjitty]

Plus very little was presented in the preliminary regarding telematics, gps...

RSBM

That is because the purpose of the prelim is to assess the overall nature of the evidence, and whether there is a case to answer. The expert evidence is not contested at the prelim stage.

 

[jakat]

Phone drift is real, but Barry confirmed that he was indeed racing around, firing a weapon. At the very moment Suzanne ceased all communication forevermore.

LE has Barry's phone records. Days prior, days post. They'll have a handle on what phone drifting looks like and doesn't.

I will say this. I think Suzanne's phone drifted. Into the water. With Barry's help.

JMO

I believe this is what happened to her phone and her wedding rings. I also believe Suzanne was put in the water, too. He asked if the beaver dam was checked. I wonder if it was.

In the early days there seemed to be a lot of action around and concerning the river. Adventures With Purpose was chased away because they were too close to something. They were close to the river at one point, so why? And, of course, TD caught Bury coming out of the river shirtless and soaking wet. Why was he in there?

I don't believe Suzanne is in a mine or the mountains anymore. I think she was placed in the river somewhere and floated downstream.

JMO

 

[Megnut]

I believe this is what happened to her phone and her wedding rings. I also believe Suzanne was put in the water, too. He asked if the beaver dam was checked. I wonder if it was.

In the early days there seemed to be a lot of action around and concerning the river. Adventures With Purpose was chased away because they were too close to something. They were close to the river at one point, so why? And, of course, TD caught Bury coming out of the river shirtless and soaking wet. Why was he in there?

I don't believe Suzanne is in a mine or the mountains anymore. I think she was placed in the river somewhere and floated downstream.

JMO

Admittedly I don't have a good sense of the lay of the land but I do wonder what's on the other side of the creek. Would that be the direction for up the mountain? Could Barry have pitched some things (Suzanne's phone, Suzanne's baby blue biking clothes) over Foose's bridge?

He really underestimated how much interest there'd be to find his wife. He must've felt people would accept her absence without question. Ouch.

I hope LE has an absolute map of areas Barry "searched" on that Monday and Tuesday. I am going to guess he chose a search buddy he was sure he could mirror smoke for. And then his alleged searching with GD. Same smoke.

If Barry used a mineshaft, IMO he may have unsealed one or sealed one to match previously sealed mines, but regardless, I see him controlling the search by gridding off the areas he "cleared". I predict he was within a sightline of Suzanne's cold and final resting place on 5/11-12. And gained confidence in his ability to get away with murder.

As for Suzanne's ring, either it was a CZ from the start and had as much value to him as Suzanne's happiness or, if real, too valuable to throw away (unlike his wife, sadly). IMO it's already melted down and reset. He's cheap. He can't help it

If Barry pocketed Suzanne's wedding rings, it's a shame he didn't pick the pocket of his holey khaki shorts... so LE could've recovered them alongside the sheath or the unspent cartridge. Perfectly preserved... much like I hope Suzanne's remains remain. Mountains may keep secrets but let's hope permafrost is about to whistle.

JMO

 

[GOBliaison]

This is important. History cannot be rewritten. This was the first significant legal event. From this point prosecution started making errors in meeting deadlines set by the court and agreed to by both defense and prosecution that dragged the case down to the end.

^ ^ With great deference, bolded & Ital. by your humble reader ^ ^
​

but...
but...
...allow me to urge again:

"De minimis non curat lex."
"The law does not concern itself with trifles."
​

Acknowledged, vis-a-vis Deadlines, little advance is made now, inasmuch as one person's "de minimis" is not commonly another's "de minimis".
It is context that should be pivotal, and I do have some thoughts relating to the extraordinary environment of the SSS, "severe sanction(s) sessions", as we (mostly) imagine them to have been.

 

[DFWNF]

The lyrics of Dr Hook rattling around my brain
“Wanna buy five copies for my mother”

Ok that is rattling in my brain now too darn it.

 

[GatorFL]

^ ^ With great deference, bolded & Ital. by your humble reader ^ ^
​

but...
but...
...allow me to urge again:

"De minimis non curat lex."
"The law does not concern itself with trifles."
​

Acknowledged, vis-a-vis Deadlines, little advance is made now, inasmuch as one person's "de minimis" is not commonly another's "de minimis".
It is context that should be pivotal, and I do have some thoughts relating to the extraordinary environment of the SSS, "severe sanction(s) sessions", as we (mostly) imagine them to have been.

I can see both sides of the sanctions. Were they harsh? Yes. Did it impact this case? Of course. But the State should not have a free reign to throw in whatever they wish, with no time limit. There are laws in the USA that ensure both sides get the evidence. IIRC Barry did not request a speed trial so both sides had the same amount of time to prepare a case.

Not turning evidence over to the other side after multiple warnings is a big deal because it interferes with due process. The implication being that instead of a fair trial, the defendant will be railroaded. Many people have been wrongly convicted here in the USA because they were railroaded by prosecutors or had such a weak defense attorney they were ultimately convicted of a crime they did not commit.

And herein lies the major problem I have with Linda Stanley. She charged too soon. LE had not completed the investigation. There were too many loose ends. There was no pressing need to charge either, no statute of limitations ticking. I think it was the media coverage. They thought it would be easy and the case would come together and instead they got hit hard from a bulldog defense attorney. When all they had to do was keep working.

 

[Momofthreeboys]

double post

 

[GOBliaison]

As for Suzanne's ring, either it was a CZ from the start and had as much value to him as Suzanne's happiness or, if real, too valuable to throw away (unlike his wife, sadly). IMO it's already melted down and reset. He's cheap. He can't help it

Good evening, Megnut,
and all us figurative ships at sea.

Yes. Yes. Megnut, Thank you!

That's why [excuse me], way, way back, I was pushing for some stimuli [read: $ $ $] to fill our ranks from the general populace in a hunt for the vulgar stone!!

• Did we not hear that diamonds of this size - upwards of 4-5 kts IIRC - had lasered ID nos. etched on them;
• Insurers (Indiana office contract most likely, but LE/DA/FBI/CBI can have copies on their desks in mere hours!) can/ would be a quick and likely fruitful check.
• Barry would have made sure from the get-go that he'd be reimbursed for the full amount - afterall "Diamonds are Forever" - Aside: This dovetails with numerous sleuther's opinions that Barry had "long range" plans in re. his future with Suzanne and her "wealth"... he's so damn smart, is he not ?
• did we not know of - or have a short list of - the local jeweler(s) that would have set this diamond ?
• Because, no matter where/however the heck BM came by/to buy it, he would have sought to set it locally in order to secure bragging rights in his and Suzanne's communities? FOR SURE! This would be so Barry!​
• Then, this Must: Advertise a detailed description [photo?] of this big stone, together with...
• ... It's provenance!! ... Up to and including BigBar himself! - can you imagine his reading about himself, and subsequently his "missing" wife in the chain of ownership of this fatal (for him!) stone ?!? Too rich... -
• This must appear repeatedly in papers of general circulation -
• With duplication(s) in the Legal Notices Sections in every case;
• Now, this Most Important Must as well. Make this $ $ $, supra., very substantial , ..."allowing for multiple partial payouts in the circumstances, and to award such for leads resulting in the successful tracing of the stone.", Aside: And we all know how much honor there is among thieves...maybe one such scoflaw is "holding" it for the big guy. uh-oh...better keep a sharp eye out. That stone's got LWOP lasered on it...​
• With these - and I've more to come, but Up Spirits was piped an hour ago and I doubt if my thirsty messmates wil have set more than a dram aside - Nonetheless, "Cheers!"

 

[jakat]

Admittedly I don't have a good sense of the lay of the land but I do wonder what's on the other side of the creek. Would that be the direction for up the mountain? Could Barry have pitched some things (Suzanne's phone, Suzanne's baby blue biking clothes) over Foose's bridge?

He really underestimated how much interest there'd be to find his wife. He must've felt people would accept her absence without question. Ouch.

I hope LE has an absolute map of areas Barry "searched" on that Monday and Tuesday. I am going to guess he chose a search buddy he was sure he could mirror smoke for. And then his alleged searching with GD. Same smoke.

If Barry used a mineshaft, IMO he may have unsealed one or sealed one to match previously sealed mines, but regardless, I see him controlling the search by gridding off the areas he "cleared". I predict he was within a sightline of Suzanne's cold and final resting place on 5/11-12. And gained confidence in his ability to get away with murder.

As for Suzanne's ring, either it was a CZ from the start and had as much value to him as Suzanne's happiness or, if real, too valuable to throw away (unlike his wife, sadly). IMO it's already melted down and reset. He's cheap. He can't help it

If Barry pocketed Suzanne's wedding rings, it's a shame he didn't pick the pocket of his holey khaki shorts... so LE could've recovered them alongside the sheath or the unspent cartridge. Perfectly preserved... much like I hope Suzanne's remains remain. Mountains may keep secrets but let's hope permafrost is about to whistle.

JMO

I don't know the lay of the land either, but wish I did. I've seen pictures of the land on both sides of the river, could have been in the local newspaper, could have been a video that Adventures With Purpose did, or a by a reporter. LS?

He was caught on camera at the hotel in Broomfield carrying teal and black items of clothing to his room. Would it be possible that Suzanne changed into her biking clothes to go on a ride? The AA says she invited JL to get on WhatsApp, but JL said they never did. Those could have been the clothes Bury dumpstered.

Late Saturday night, MB heard loud noises at the beach site. No doubt it was Bury up to no good, but what was he doing there. Could he have thrown Suzanne in the river there?

Uhmm, by the time the permafrost melts even though it doesn't, it will be snowing in the mountains again. They're probably searching now and I do hope they find Suzanne's remains.

I agree with you that Suzanne's ring could be fake, but if it isn't I hope it was on her finger and was lost in the river never to be found. Even if it is fake, he was searching in the river for something and it wasn't a dead turkey.

I'd really like to go to Salida. I'm moving back to my home state next month. Since my dear husband passed away, I have nothing better to do with myself so I might as well go to CO and see it for what it is.

JMO

 

[nyvictoria]

I had followed this thread closely before the trial and recall that virtually every participant was very certain of Barry's guilt. With the case dismissal, has anyone changed his/her mind and willing to talk about it? It definitely seems like the thread is still very anti-Barry but I am no longer attempting to keep up so may have missed some comments.

Nope. He’s still a killer.

 

[nyvictoria]

IMO the case was pretty much finished when the judge stated in open court that he had never seen an AA as lengthy as Barry’s. i got the distinct impression he wasn’t feeling the vibe of let’s go to trial. When the state missed their deadline, he was ready to dismiss.

 

[Momofthreeboys]

I don't know the lay of the land either, but wish I did. I've seen pictures of the land on both sides of the river, could have been in the local newspaper, could have been a video that Adventures With Purpose did, or a by a reporter. LS?

He was caught on camera at the hotel in Broomfield carrying teal and black items of clothing to his room. Would it be possible that Suzanne changed into her biking clothes to go on a ride? The AA says she invited JL to get on WhatsApp, but JL said they never did. Those could have been the clothes Bury dumpstered.

Late Saturday night, MB heard loud noises at the beach site. No doubt it was Bury up to no good, but what was he doing there. Could he have thrown Suzanne in the river there?

Uhmm, by the time the permafrost melts even though it doesn't, it will be snowing in the mountains again. They're probably searching now and I do hope they find Suzanne's remains.

I agree with you that Suzanne's ring could be fake, but if it isn't I hope it was on her finger and was lost in the river never to be found. Even if it is fake, he was searching in the river for something and it wasn't a dead turkey.

I'd really like to go to Salida. I'm moving back to my home state next month. Since my dear husband passed away, I have nothing better to do with myself so I might as well go to CO and see it for what it is.

JMO

The manufactured diamonds are drop dead gorgeous and sparklier in my opinion than mined diamonds. The cost is significantly less. You can get a ring with Suzanne’s stone size for a few thousand dollars. That is still an expensive ring but not close to a mined stone that size. I personally think the ring is where Suzanne is. As brilliant as it appears in photos I would bet it is a manufactured diamond. It may have replaced a first engagement ring from their youth or was a separate gift sometime in their marriage.

 

[WingsOverTX]

IMO the case was pretty much finished when the judge stated in open court that he had never seen an AA as lengthy as Barry’s. i got the distinct impression he wasn’t feeling the vibe of let’s go to trial. When the state missed their deadline, he was ready to dismiss.

And yet, PM read the same AA and signed off on the arrest of BM based on it. That has always stood out to me as faulty.

Just as some say LS didn't have to charge when she did. PM could have said to LE, "This is a flawed AA that is too long, includes too many statements that can never be used as evidence in court", etc.

To me, both PM & RL demonstrated bias against the prosecution by criticizing the AA's length & substance.

Once the AA was used to hold BM in jail, criticism of it was too late so what was the point other than to throw shade. Very unprofessional!

JMO