CO CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[Lyanna]

Just as life insurance payouts are put in probate until cause of persons disappearance is determined, the sale of joint assets and proceeds, should be in probate. Common sense logic. Lots of wife killers taking notes. IMO. He was granted guardianship less than 30 days after her highly suspicious disappearance. He was charged, a year later. After spending the shared inheritance of real estate sales on hiring a lawyer.

I agree mostly, think it should be in probate until the beneficiary is determined as being not involved.
On another note
Suzanne's case has been heartbreaking and incredibly frustrating. It feels that she has been failed and let down by endless people, who are in positions to protect her rights, speak for her, represent her and so on. It has been an injustice to a woman who just wanted to leave a relationship that was abusive and unhealthy. Barry's buried her (jmo), IE buried her reputation and and now Judges and DA has buried her with all this stuff in the news - Suzanne and other victims are not the focus now, its just who did/didnt do what and who said what to who etc - its like a school playground. The state and elected officials should accept responsibility for their mistakes, how IE sleeps at night, I will never know and Barry, just living his life like Suzanne has never existed and doesn't matter really makes me angry.
I can't see any other reasonable explanation as to whom made Suzanne disappear other than Barry, and there was more than enough evidence to show that - J M O
Why he is walking around instead of locked up is beyond me
And why people say they want more evidence is also beyond me - he was literally there when ALL communication from Suzanne ceased, she didn't just vanish into thin air whilst he was shooting at chipmunks.

Rant over - please excuse it, its just a bloody travesty. The whole thing.

moo

 

[BeckyF]

There is a case in WI where family members are attempting to keep a certain beneficiary from getting her inheritance because they believe the person was complicit in the murders of her parents. It will be interesting to see how this turns out.

Daughter of murdered Madison parents will have to fight for inheritance

MADISON (WKOW) -- The daughter of homicide victims Dr. Beth Potter and Robin Carre will have to fight to receive her inheritance, even though she's included as a beneficiary in

www.wkow.com

 

[BeckyF]

I agree mostly, think it should be in probate until the beneficiary is determined as being not involved.
On another note
Suzanne's case has been heartbreaking and incredibly frustrating. It feels that she has been failed and let down by endless people, who are in positions to protect her rights, speak for her, represent her and so on. It has been an injustice to a woman who just wanted to leave a relationship that was abusive and unhealthy. Barry's buried her (jmo), IE buried her reputation and and now Judges and DA has buried her with all this stuff in the news - Suzanne and other victims are not the focus now, its just who did/didnt do what and who said what to who etc - its like a school playground. The state and elected officials should accept responsibility for their mistakes, how IE sleeps at night, I will never know and Barry, just living his life like Suzanne has never existed and doesn't matter really makes me angry.
I can't see any other reasonable explanation as to whom made Suzanne disappear other than Barry, and there was more than enough evidence to show that - J M O
Why he is walking around instead of locked up is beyond me
And why people say they want more evidence is also beyond me - he was literally there when ALL communication from Suzanne ceased, she didn't just vanish into thin air whilst he was shooting at chipmunks.

Rant over - please excuse it, its just a bloody travesty. The whole thing.

moo

There is more than enough evidence to convict him. I’m 95% sure he would have been convicted.

 

[CGray123]

Media was good at the huge headlines that LS law license was suspended for failing to complete CLE hours but her license being reinstated within a couple of days of the news story barely made a bleep!

I find this a common pattern in media coverage. The initial controversy gets headlines, the denouement gets a paragraph on page 13, just before the weather. LS was not singled out IMO, just part of the usual press priority: attracting eyeballs.

LS could easily have avoided the negative headline by paying attention to her CLE documentation, as the overwhelming majority of lawyers do.

All MOO.

 

[Tumbleweed]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

 

[Momofthreeboys]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

I do not think anything he said to LE would be admissible but if I am wrong one of the lawyers will correct me.

 

[Seattle1]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

In his own words:

Exclusive: Barry Morphew responds to explosive claims regarding the disappearance of wife, Suzanne

CHAFFEE COUNTY, Colo. — Nearly four months have passed since anyone has seen missing Chaffee County woman, 49-year-old Suzanne Morphew. In an update published Thursday, Sheriff John Spezze ac…

www.fox21news.com

 

[Kittybunny]

*If. I’m just baffled that telling lie after lie is confusing in terms of guilt.

Exactly. Case in point, Alex Murdaugh. He spent more time lying on the stand than the jury spent deliberating before convicting him, despite all the noise about there being only "circumstantial evidence".

 

[303gmf]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

Posted similar earlier, deleted for lack of official link
Checking Mtn Mail & Chaffee County Times, still nothing

 

[MassGuy]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

Yeah, that certainly appears to be true. In any event, and not to be cold, but he really wasn’t that important or reliable a witness. I can’t imagine a smart prosecutor would have put him on the stand.

Morgan and that other dude are more important, but more-so are the neifhbirs he lied to before he should have known a crime was committed.

 

[PaulaDC]

Will you please try to find some linkable to the sudden death of an important witness? Long time ago some meant, in any grainy photo he would have been a nice doppelganger of BM ......

J P?

 

[O.Incandenza]

I just saw something online that indicated that Jeffrey P has died. If ever the trial was to occur, would his testimony be allowed given that they couldn't cross-examine him? (He's the guy that saw Barry on Saturday at DSI changing his blade (I think) and also one of the workers sent to Broomfield on the big "job", without any way to accomplish the job.

It would have to qualify under one of the hearsay exceptions. There are more of them when the person isn't available to testify, but I'm not sure any of them would apply to him. If he already gave any testimony under oath or made a sworn declaration they might be able to get that admitted, but since there wasn't a grand jury I'm not sure when he would have done that.

Doesn't really seem like a devastating blow to their case either way though.

 

[Ontario Mom]

Throwing this out for a mod to weigh in on:

Social media (FB) yields a result when searching for one of the witnesses in this case, Jeffrey Puckett, with a recent development from a noted family member. Specifically that JP has recently passed. <modsnip: Removed link>

I'm wondering if the mods will make an exception of the standard rules to allow this to stand, as a factual event of the case, so that it can be discussed here.

 

[Sillybilly]

Throwing this out for a mod to weigh in on:

Social media (FB) yields a result when searching for one of the witnesses in this case, Jeffrey Puckett, with a recent development from a noted family member. Specifically that JP has recently passed. <modsnip: Removed link>

I'm wondering if the mods will make an exception of the standard rules to allow this to stand, as a factual event of the case, so that it can be discussed here.

We are making an exception to allow the information but not the actual link to the family social media page.

 

[kittythehare]

Husband of missing Colorado mom stayed at hotel before she vanished

Suzanne Morphew, 49, was reported missing on Mother's Day and her bike was found near her $1.5 million Salida, Colorado home. Her husband Barry said he was in Dever for a landscaping job.

www.dailymail.co.uk

 

[mrjitty]

It would have to qualify under one of the hearsay exceptions. There are more of them when the person isn't available to testify, but I'm not sure any of them would apply to him. If he already gave any testimony under oath or made a sworn declaration they might be able to get that admitted, but since there wasn't a grand jury I'm not sure when he would have done that.

Doesn't really seem like a devastating blow to their case either way though.

One would hope he made a sworn statement / was interviewed under oath

But I agree it doesn't really matter as they have a better witness for this.

 

[MountainDad]

I'm starting to think there was no job on Mothers Day repairing his previous big job that he screwed up. Could he have used this as an alibi? But SM stops all communication on Sat @ 2? Could she have shut her phone down before a shared plate steak and sex and never turned it on again- or maybe that didnt happen either He was up all night according to phone and truck data. Possibly calling stone suppliers and landscape suppliers for materials? Maybe going over plans and schedule-such a hard worker. Or, imo,could he have been murdering SM, hiding her body, planting the bike, bleaching the house, dumping items used in the crime, burning her journal, and setting the stage for an unrelated party to discover SM missing.

 

[CGray123]

I do not think anything he said to LE would be admissible but if I am wrong one of the lawyers will correct me.

BM was not advised of his rights per the Miranda safeguards before his interviews with investigators but that would not make the statements inadmissible in evidence. Miranda only applies to custodial interrogations. Wikipedia has a pretty good summary of the circumstances that trigger LE's obligation to advise:

"Circumstances triggering the Miranda requisites

The circumstances triggering the Miranda safeguards, i.e. Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. Suspects in "custody" who are about to be interrogated must be properly advised of their Miranda rights—namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent—the right to refuse to answer questions or to otherwise communicate information.

The duty to warn only arises when police officers conduct custodial interrogations. The Constitution does not require that a defendant be advised of the Miranda rights as part of the arrest procedure, or once an officer has probable cause to arrest, or if the defendant has become a suspect of the focus of an investigation. Custody and interrogation are the events that trigger the duty to warn."

IIRC, both sides anticipated using tapes of BM's interviews.

 

[Megnut]

It would be a Christmas gift to me to listen to all 3 30 hours of his interviews. That is, if I could stand it.

It would be my best birthday if CreightonWaters could chat with him on the stand. An excellent prosecuting attorney. Let Barry barry himself.

if he's (cough, cough) innocent, I want to hear him try to convince me.

Please, Mountains, tell us where Suzanne is.

It's time.

JMO

 

[Momofthreeboys]

BM was not advised of his rights per the Miranda safeguards before his interviews with investigators but that would not make the statements inadmissible in evidence. Miranda only applies to custodial interrogations. Wikipedia has a pretty good summary of the circumstances that trigger LE's obligation to advise:

"Circumstances triggering the Miranda requisites

The circumstances triggering the Miranda safeguards, i.e. Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. Suspects in "custody" who are about to be interrogated must be properly advised of their Miranda rights—namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent—the right to refuse to answer questions or to otherwise communicate information.

The duty to warn only arises when police officers conduct custodial interrogations. The Constitution does not require that a defendant be advised of the Miranda rights as part of the arrest procedure, or once an officer has probable cause to arrest, or if the defendant has become a suspect of the focus of an investigation. Custody and interrogation are the events that trigger the duty to warn."

IIRC, both sides anticipated using tapes of BM's interviews.

My reply was related to any interviews JP did since he is now deceased but I do agree with any of Barry’s interviews