Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #109

[10ofRods]

bbm
(appreciating the levity)
Barry's lies about lies and "ridiculous stories" are to the point of assigning numbers to keep them straight. Iris must realize her client will be deposed during the civil case.

She acts as though it slipped her mind. I've known attorneys with specialization that thought that things are the same in other specialties. IE is not that old or seasoned yet, this may be a big learning curve for her.

Civil cases have very different rules about discovery, with sworn depositions being absolutely crucial to discovery. I posted yesterday that it will be ridiculous if Barry (the person BRINGING the suit) takes the 5th many times. It will be so hazardous to let him speak under penalty of perjury, though (which he must do, IMO, to continue his civil suit - especially in Federal Court). He will be asked questions by the attorneys of many different defendants, about many different things. For days.

Each of the defendant's lawyers get to ask him questions. If he takes the fifth, day after day (surely IE has not thought this through?) what is the Judge going to do with further motions to dismiss or compel discovery? Both the plaintiff and the defendants are expected to attest to the exact same things in court as what they said at depositions.

Why even have a trial if the plaintiff won't answer questions on the stand? Civil trials usually start with the Plaintiff bringing forth their case and their witnesses.

I'm sure Barry is prepared to answer questions about how awful things have been for him financially, but that will be when he is examined by his own attorneys during the deposition. It is my understanding that federal depositions are the opportunity (after interrogatories) for the defendant to get the facts from the plaintiff (who must have knowledge of them, as they are his facts).

What a mess. I am waiting impatiently to see what IE will do.

Does anyone know if the defendants are required to stay quiet about the depositions?

I know journalists aren't allowed, but I don't think there are typically gag orders in civil cases. The defendants' lawyers could do a lot with the information they either get, or don't get.

I mean, in another case we can follow here on WS (the Trump financial fraud trial), Trump evoked the Fifth 400 or more times during his depositions, and the press knows that (so some details come out). The Judge ruled on several matters involving the main cause of action, basically sustaining the claim of fraud, IMO. That's why Mr Trump looks so mad in those recent pictures - this is a different ball game than a criminal case. Tons of stuff gets said in civil trials (such as OJ's) that could not be said in criminal trials.

My word, it seems to me that IE made a very poor decision in filing that lawsuit. She, like so many others, apparently believed Barry. I don't think IE actually thinks Barry is innocent (IMO, speculation), but I do think she believed his self-assessment that he could "put a body where it would never be found." I think she fell under the Barry spell, in that way.

Barry is the poster boy for Blowhardiness.

IMO.

 

[mrjitty]

bbm
(appreciating the levity)
Barry's lies about lies and "ridiculous stories" are to the point of assigning numbers to keep them straight. Iris must realize her client will be deposed during the civil case.

I agree with @Seattle1 and others that her point was to settle the case quickly because the state would find it overall cheaper and easier to pay something to make it go away.

 

[SleuthBee]

Can a professional penalty be levied on Eytan somehow?

I can't think of any. But the we the people need to explore the possible effects of Eytan's civil suit prevailing could have on the citizens of Colorado and the judicial system.

Eytan did not respond, Eytan reacted with statements inappropriate and irrelevant to her client's wife being found dead. What was she reacting to? And to whom was she lashing out? LE gave NO press conference and released NO further information. Eytan's statement was written to the general public! And it was horribly insulting to our intelligence.

 

[mrjitty]

I suspect the plan was simply for BM to lie in depositions but now that he faces another criminal trial potentially he can’t risk that as the evidence would be admissible against him Eg if he now says there was no left turn that is obviously not great evidence in his criminal trial.

 

[GOBliaison]

*
*
*​

IMO. (As you can tell, I'm all worked up over this aspect and shaking my head, as I cannot at all figure out IE's 'strategery' in filing the civil rights case).

^ VR excised and greenbacked by this poster. ^​

IE [to $elf]:
"I just gotta', gotta', gotta' get into the contingent fee $ide of this busine$$ ...er... 'calling' ... pardon me."

 

[10ofRods]

I agree with @Seattle1 and others that her point was to settle the case quickly because the state would find it overall cheaper and easier to pay something to make it go away.

This *has* to be the explanation. She gambled and is wrong.

Also explains why she specified the amount of damages at that number (fairly low). It is my understanding that specifying an amount in the original complaint is optional. I've always thought it was a strangely low amount, considering the sheer number of defendants. If the case is dismissed, I hope the Judge makes Barry pay the other side's legal fees, if that's possible.

IMO.

 

[O.Incandenza]

I suspect the plan was simply for BM to lie in depositions but now that he faces another criminal trial potentially he can’t risk that as the evidence would be admissible against him Eg if he now says there was no left turn that is obviously not great evidence in his criminal trial.

The only semi-logical plan I can think of is that she was planning to have him take the 5th and then blame it on his fear of being unjustly prosecuted by LE.

Letting him testify under oath to the details of the days surrounding Suzanne's disappearance would be tantamount to malpractice, IMO. So either she wasn't planning for the suit to get that far and it was just a tactic to pressure LE, or she was planning to have him take the 5th.

 

[Observer33]

This *has* to be the explanation. She gambled and is wrong.

Also explains why she specified the amount of damages at that number (fairly low). It is my understanding that specifying an amount in the original complaint is optional. I've always thought it was a strangely low amount, considering the sheer number of defendants. If the case is dismissed, I hope the Judge makes Barry pay the other side's legal fees, if that's possible.

IMO.

They shouldn't settle until they have deposed BM and the daughters.

 

[Megnut]

This *has* to be the explanation. She gambled and is wrong.

Also explains why she specified the amount of damages at that number (fairly low). It is my understanding that specifying an amount in the original complaint is optional. I've always thought it was a strangely low amount, considering the sheer number of defendants. If the case is dismissed, I hope the Judge makes Barry pay the other side's legal fees, if that's possible.

IMO.

Yes, a $15 million dollar gamble predicated on confidence Suzanne's body wouldn't be recovered.

Seems we weren't alone in thinking BM could put a body where it would never be found.

JMO

 

[kittythehare]

She acts as though it slipped her mind. I've known attorneys with specialization that thought that things are the same in other specialties. IE is not that old or seasoned yet, this may be a big learning curve for her.

Civil cases have very different rules about discovery, with sworn depositions being absolutely crucial to discovery. I posted yesterday that it will be ridiculous if Barry (the person BRINGING the suit) takes the 5th many times. It will be so hazardous to let him speak under penalty of perjury, though (which he must do, IMO, to continue his civil suit - especially in Federal Court). He will be asked questions by the attorneys of many different defendants, about many different things. For days.

Each of the defendant's lawyers get to ask him questions. If he takes the fifth, day after day (surely IE has not thought this through?) what is the Judge going to do with further motions to dismiss or compel discovery? Both the plaintiff and the defendants are expected to attest to the exact same things in court as what they said at depositions.

Why even have a trial if the plaintiff won't answer questions on the stand? Civil trials usually start with the Plaintiff bringing forth their case and their witnesses.

I'm sure Barry is prepared to answer questions about how awful things have been for him financially, but that will be when he is examined by his own attorneys during the deposition. It is my understanding that federal depositions are the opportunity (after interrogatories) for the defendant to get the facts from the plaintiff (who must have knowledge of them, as they are his facts).

What a mess. I am waiting impatiently to see what IE will do.

Does anyone know if the defendants are required to stay quiet about the depositions?

I know journalists aren't allowed, but I don't think there are typically gag orders in civil cases. The defendants' lawyers could do a lot with the information they either get, or don't get.

I mean, in another case we can follow here on WS (the Trump financial fraud trial), Trump evoked the Fifth 400 or more times during his depositions, and the press knows that (so some details come out). The Judge ruled on several matters involving the main cause of action, basically sustaining the claim of fraud, IMO. That's why Mr Trump looks so mad in those recent pictures - this is a different ball game than a criminal case. Tons of stuff gets said in civil trials (such as OJ's) that could not be said in criminal trials.

My word, it seems to me that IE made a very poor decision in filing that lawsuit. She, like so many others, apparently believed Barry. I don't think IE actually thinks Barry is innocent (IMO, speculation), but I do think she believed his self-assessment that he could "put a body where it would never be found." I think she fell under the Barry spell, in that way.

Barry is the poster boy for Blowhardiness.

IMO.

Dizzy as.

This is the case she picks to launch her civil rights department...
And her poster boy is.. none other than an accused wife killer...

This knocks 50% of her civil rights market on the head.
Men only.

I can see a humorous side to this and I often giggle at her frailties but deep inside it makes me furious when I consider the real meaning of civil rights.

Actually I find it to be predatory sinister and macabre.
Not funny at all.


We witnessed an experience of true justice in Colorado and the sweetness that actually brought was very very real and palpable.

I just cannot believe her legal colleagues are standing by and witnessing this and being unmoved.

it is time they spoke, IMO.

 

[10ofRods]

Yes, a $15 million dollar gamble predicated on confidence Suzanne's body wouldn't be recovered.

Seems we weren't alone in thinking BM could put a body where it would never be found.

JMO

What's weird, of course, is that he could have found a method that kept her unfound for even longer. By which I mean, that it is possible to do better than Barry did. I think maybe he had only two variables in his mind: Remote? Animal predators in the area? If the answer was yes to both of this in his own limited mind, then it was good enough.

At the same time, I think he's a deeply callous and heartless person who knew that it would take quite some time to find her. He can't think in the long term. As it is, 3.5 years of weathering outdoors has dramatically decreased the evidentiary value of finding Suzanne's remains. I am still hopeful, though, that little details that matter will lead eventually to new charges for Barry.

For me, this countdown to justice in the courtroom is as much a part of our justice system as the actual trial. That's why I think journalism is so important. Keep the public eye on Barry. There will be a Coroner's report, and likely a presser - but when? Might be a while. Might be an update while the Coroner sends out for more investigation of remains. The FBI will be asked in, again. All the things that Barry fears, because these things scare *him* and threaten *him." There may be times in the future where the press is outside the door of where ever he's living. He's clearly hiding out right now. What grieving husband doesn't make a more public statement of gratitude when searchers finally find his wife?

I thought he said he was looking for her. Now she is found. A "Thank You" to the people who found and aided in the body recovery is definitely in order.

IMO.

 

[SleuthBee]

what evidence?
Partial dNA is evidence of nothing at all..
I'm pretty shocked at how IE's narrative has become mainstream.

bbm

Good catch and I appreciate you calling me out on it. I should know better. Unfortunately, that part of IE's narrative is mainstream and is even reported by MSM. "Partial dNA is evidence of nothing at all .." I wrote it down and will do my part helping others understand

 

[osu]

Andy Moorman never got a dime from that fund and his search efforts were above and beyond a loyal brother. I doubt BM gave anything to anyone who searched for SM. Equipment, gloves, food, beverage ... something for their efforts? There is a reason no one saw his face during those searches.

It's been said if you listen to a pathological, they can't help but tell on themselves. With all the money BM stood to have for himself, $70,000 was a bargain. I wonder if BM realizes how much he has blamed, devalued and disrespected Suzanne since she went missing. There is a reason why everybody is pointing the finger at him. Iris might caution BM from over doing it as the grieving widower.

BBM

They said that the Gimmie Fund Me was to help with food and accommodations for their family members who were coming in from out of town to help search. Which Morphew family members came in from out of town and when did those supposed searches take place? They didn’t or the media would’ve been all over them.

BM promised to give a full accounting of all the funds collected, $31K if I recall correctly. Surprise, that never happened either.

The Gimmie Fund was started by BM’s nephew TN and the beneficiary was BM’s mother! IMO, it was a total Morphew money grab.

JMO

 

[mrjitty]

The only semi-logical plan I can think of is that she was planning to have him take the 5th and then blame it on his fear of being unjustly prosecuted by LE.

Letting him testify under oath to the details of the days surrounding Suzanne's disappearance would be tantamount to malpractice, IMO. So either she wasn't planning for the suit to get that far and it was just a tactic to pressure LE, or she was planning to have him take the 5th.

I tend to agree with you, but I just don't see how it works for IE to plead that BM was lying because he was tricked but then BM pleads the 5th. BMs own statement is that the location data was correct.

Just one example, but doesn't the case simply collapse at that point?

 

[Love Never Fails]

Discovery of Suzanne Morphew's remains could alter the course of long-stalled investigation

[…]

Ryan Brackley, a longtime prosecutor who has been a criminal defense attorney since 2019, said he believes the investigation should be treated like a cold case – and be put in new hands.

“You always want fresh eyes,” he said. “You always want new ideas, new people looking at these cases. Ideally, in a cold case, you are building off the work by prior investigators. You're building off the narrative and the theory.”

“I don't think that it makes a lot of sense in the Morphew case, given the history.”

It’s a history that has been fraught with controversy since Suzanne, 49, was reported missing on May 10, 2020.

More at link…

Discovery of Suzanne Morphew's remains could alter the course of long-stalled investigation

Suzanne Morphew's husband, Barry, was arrested and charged in her 2021 disappearance, but the case was later dropped.

www.9news.com

Brackley May be right about new eyes on the case. But when he states LS clearly didn’t have the evidence to charge BM and put him in jail I would just say please people! Read the entire AA. Don’t make guesses and assumptions because you are an attorney and don’t know the case history. So irritating.

 

[Boxer]

Make no mistake about it, I abhor withholding evidence and believe the DA and the DA alone should be penalized .... NOT THE CASE ITSELF! Penalizing the case denies an innocent woman justice for her brutal murder. There are reasons for the immunity extended to LE and they need to be understood. Do we really want LE to perform their duties with the fear of civil suits hanging over their head? Look what that's done to the medical profession.

Withholding exculpatory evidence was the DA's responsibility. There are remedies in place for DAs acting badly. Iris is well aware that the DA does not have 15 mil plus trial costs. But Iris proceeds anyway, misrepresents facts and tacks on a slew of other defendants for good measure. And she does it knowing that the entire financial burden will fall on the Colorado taxpayers.

Iris & Barry's civil suit is a threat to Colorado's judicial system as well as their safety. Salaries will need to be increased to cover malpractice insurance costs. If not, there is a possibility of calling 911 and noone answers.

Dropped, their case needs to be kick out on it's backside and told to never pull that crap on the judicial system again!

All IMOO

Agree. This is a case of individual poor performance by the DA and the judge.

 

[Cassady]

Brackley May be right about new eyes on the case. But when he states LS clearly didn’t have the evidence to charge BM and put him in jail I would just say please people! Read the entire AA. Don’t make guesses and assumptions because you are an attorney and don’t know the case history. So irritating.

Do you know that Mr. May did not read the AA?

Why do people just assume someone is not familar with the case simply because they have a different take?

Mr. May has actually prosecuted cases in Colorado. The AA in this case has been questioned for its lenght and use of potentially non-admissible evidence by various professionals, includeing ex-LE and attorneys. The judge bound the case over for trial, but with bail to the defendant. That alone shows the court did not view this as a slam dunk.

Murder cases like this (spouse accussed) are not often dismissed by the State on the eve of trial.

Now, the only thing the State would need to re-file is digital data tying BM to the site where SM was discovered. LE already has all the digital data they would need to perform this analysis. If BM was involved, it seems that his digital data would led to the discovery of the body at some point. That does not appear to be the case in this matter.

 

[Love Never Fails]

Do you know that Mr. May did not read the AA?

Why do people just assume someone is not familar with the case simply because they have a different take?

Mr. May has actually prosecuted cases in Colorado. The AA in this case has been questioned for its lenght and use of potentially non-admissible evidence by various professionals, includeing ex-LE and attorneys. The judge bound the case over for trial, but with bail to the defendant. That alone shows the court did not view this as a slam dunk.

Murder cases like this (spouse accussed) are not often dismissed by the State on the eve of trial.

Now, the only thing the State would need to re-file is digital data tying BM to the site where SM was discovered. LE already has all the digital data they would need to perform this analysis. If BM was involved, it seems that his digital data would led to the discovery of the body at some point. That does not appear to be the case in this matter.

The judge all but said it was a slam dunk when he said there was the evidence to bring him to trial. BM got bail because I believe IE said there was glove box dna. Now, correct me if I’m wrong on that point. My memory is not what it used to be and I don’t want to be argumentative.
No I don’t know Mr May. However, you don’t know if he read the AA or just took IEs word for it.
Not sure either of us know. But I do believe anyone reading the AA would believe there was cause for an arrest. I do wish he had not been arrested so soon.

As far an arrest and digital data, they have a body.

 

[MassGuy]

Do you know that Mr. May did not read the AA?

Why do people just assume someone is not familar with the case simply because they have a different take?

Mr. May has actually prosecuted cases in Colorado. The AA in this case has been questioned for its lenght and use of potentially non-admissible evidence by various professionals, includeing ex-LE and attorneys. The judge bound the case over for trial, but with bail to the defendant. That alone shows the court did not view this as a slam dunk.

Murder cases like this (spouse accussed) are not often dismissed by the State on the eve of trial.

Now, the only thing the State would need to re-file is digital data tying BM to the site where SM was discovered. LE already has all the digital data they would need to perform this analysis. If BM was involved, it seems that his digital data would led to the discovery of the body at some point. That does not appear to be the case in this matter.

We already know that no data exists for the window in which the body disposal must have occurred, which is likely why authorities believed she was close to home.

What we do know, is that his phone and truck (doors and lights specifically) showed a great deal of activity hours before he claimed to have woken up.

Interestingly, his truck showed no data for quite a bit of the ride to Broomfield, and we only know that he made that left turn past the helmet, because he made up that hilarious story of following elk in the dark, to fit evidence he believed existed.

Data is unlikely to put him at the body location, but I’m sure someone can put him there at some point in the past (hunting, work, etc).

In any event, the discovery of Suzanne’s body destroys the defense argument that she stole Barry’s money from his safe, and took off to South America.

 

[Karin1974]

I know this was probably mentioned before but just want to bring it up again. Look at the 3 different pictures of her biking on different days and she had her camelback water backpack. AND she used it just days before her murder. But for some reason this last bike trip she didn't take it and it was in her car? I bet Barry couldn't find it in his rage to gather everything else. IMO

EDIT: this was mentioned above by @Seattle1 and @Hilt . You beat me too it

IMO - It appears that he didn’t know/care or take much notice in his wife’s new interest as he didn’t know where she went biking, he didn’t know the items she always took with her & clearly wasn’t aware that she always drove to the trails with her bike in the car. Hard to stage things correctly when you care so little for the person that you don’t actually know their actual habits. MOO