Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #115

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Who's to say it wasn't Barry on her phone and computer?

Exactly! We've long known that there was an unusual amount of male friend requests sent from SM's FB on May 8, followed by at least two resets to her FB password on May 9. Given those receiving the friend requests were friends of SM's father and brothers, who told investigators they were convinced her account was hacked, and SM would never friend request them, I think it more likely SM was being impersonated by BM.

IMO, I think BM started experimenting with how to impersonate SM on Friday night, in anticipation of the fate he anticipated for his wife by Saturday night, May 9. Phone and Computer activity on SM's equipment is no evidence she's alive! MOO See PCA pg 34/129.
 
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JMO, but after more than 5,500 posts commenting on allegations made by the parties in both criminal and civil cases, the people involved, the legal issues, and everything else, Prudence left the barn a long time ago. Respectfully, is there a purpose to closing the door (essentially shutting down WS conversation about the case)? Or am I misreading your post?

MOO.
Yes, you are misreading my post.
 
WHERE each was dismissed pursuant to Domenico's ORDERED Motion to Dismiss Docs. 87, 94, 95, 97, 98, 104, 108, being GRANTED, and all claims DISMISSED WITHOUT PREJUDICE.

DATED: September 24, 2024
Daniel D. Domenico
United States District Judge
^^rsbm

Appending to my post about BM's civil action alleging violations of his US and State Constitutional rights because I omitted an important reminder that although Domenico dismissed BM's claims against all the defendants WITHOUT prejudice, rest assured that even if there was a change of law tomorrow abolishing absolute prosecutorial immunity, a second dismissal here would be WITH prejudice because the lawsuit would be time-barred by the statute of limitations.

While there is no statute of limitations for murder in Colorado (and his murder charges also dismissed WITHOUT prejudice), the statute of limitation for BM's civil action is two years from the time the cause of action accrues.

In other words, BM was arrested on May 4, 2021, and his civil complaint was filed in the United States District Court for the State of Colorado on May 2, 2023-- barely making the two year window-- thus BM has essentially been time barred from from filing another civil action ever since since May 4, 2023.

OK, sorry about this important omission in my initial post. MOO
 
Tomorrow, as Colorado resident, I will vote for Amendment I. If the Amendment passes, it will remove the right to bail for first degree murder charges. Doing my part to keep Barry jailed for as long as possible.

Yay!! Thank you @rainbowshummingbird.

The Colorado Constitution, 1876, like the Constitutions of many of the Western States, was drafted to mirror the US Constitution, where the framers believed that there should be exceptions to granting pretrial bail release, if for example, the defendant was accused of committing the equivalent of first degree murder, and also met the exception of “Proof is evident or the presumption of guilt is great.”

Personally, I thought it unfortunate that by abolishing the death penalty, this could result in the unintended consequence where the Colorado Supreme Court would rule the Constitution's provision for bail be deemed "spoiled" just because it still included the term "capital" murder-- which to the wise panel, implied 'death' (as in the penalty by death), a decision that resulted in bail for all including ed murderers!

So I wish Colorado well in passing the Amendment to keep colorful Colorado safe, and a great place to live and visit. (Colorado was my first U.S. State that I called home, and where I registered to vote for the first time)! :)

I thought Judge Patrick Murphy provided a good explanation of Proof Evident/Presumption Great (PEPG) at the conclusion of BM's prelim hearing, quoted from the Media thread:

So what does that term actually mean? The standard of proof for “proof evident” is greater than probable cause, but less than what is required for a conviction. “It is more than reasonable to believe that the defendant may have committed the crime but less than the proof necessary to convict in a court trial,” explained Murphy. “This is the same standard that courts use in Colorado to terminate parental rights.”

Citing court cases for decisions related to proof evident, he explained, “bail shall be denied when the circumstances disclosed indicate a fair likelihood that the defendant would be convicted at a trial with the highest standard – proof beyond a reasonable doubt … I find that the answer to that question is no. Is it possible that he would be convicted? Yes. But is it likely that he would be convicted? I find no.”
 
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I have faith that it is moving and that it will not be long before an arrest.

You know, Suzanne was a very interesting person. She was deeply religious. As a skeptic, I usually don’t look at religion itself; I respect all religions equally, but I pay attention to what people extract from them. Suzanne extracted her courage, and her sincere interest in people, and her ability to forgive, and a supportive community. I think she saw her daughters as the response to her faith. I think she stayed with Barry because of what her faith.

But staying with Barry turned deadly. I think that where this case is now is a travesty of justice.
 
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Tomorrow, as Colorado resident, I will vote for Amendment I. If the Amendment passes, it will remove the right to bail for first degree murder charges. Doing my part to keep Barry jailed for as long as possible.
Maybe the police are waiting ,in the hope the Amendment passes ,before arresting Barry.
 
The pushpin map and static drift - iirc that came from the defence team originally?
They were the ones who produced the map and then said it was impossible as Barry would have had to have been running through walls, and they were the ones who first said about static drift to explain Barry's phone.
Likely completely wrong there to find where it was first introduced and I have had a brief look through but have been busy irl so not had a lot of chance but am convinced it all came from defense team and NOT prosecution team. But did find the "push pin map" in with the defense exhibits along with some Google screenshot of times/speeds etc

Moo

(Maybe I'm completely misunderstanding something, it's been a crappy few weeks and my head really isn't with things at the moment)
 
The Prosecution had a CAST report showing the movement of Barry's phone. Did IE ever indicate what she was using to develop her exhibit? A shoelace and a pinwheel? I have zero confidence in her presentation.

I'll stick with the CAST exhibits.

JMO
 
The Prosecution had a CAST report showing the movement of Barry's phone. Did IE ever indicate what she was using to develop her exhibit? A shoelace and a pinwheel? I have zero confidence in her presentation.

I'll stick with the CAST exhibits.

JMO
Sure. That was the foundation of the prior prosecution speculation that he was running around. If it is used again in a second prosecution we will learn from expert testimony how reliable it is in predicting exactly where a phone is located in areas with minimal cell phone towers. I would be surprised but interested if prosecution uses the chasing around theory.
 
The pushpin map and static drift - iirc that came from the defence team originally?
They were the ones who produced the map and then said it was impossible as Barry would have had to have been running through walls, and they were the ones who first said about static drift to explain Barry's phone.
Likely completely wrong there to find where it was first introduced and I have had a brief look through but have been busy irl so not had a lot of chance but am convinced it all came from defense team and NOT prosecution team. But did find the "push pin map" in with the defense exhibits along with some Google screenshot of times/speeds etc

Moo

(Maybe I'm completely misunderstanding something, it's been a crappy few weeks and my head really isn't with things at the moment)

Yeah - i've debunked this so many times I've lost the will to live

There is no evidence there was static drift or any "fabricated pushpin"

BM was shown the GPS plot of the actual data as recorded. He was asked if he might have been moving around or chasing something. BM said he was.

Only BM knows if he was running or not, and thus whether there was static drift or not. He'd have to testify. As thing stand, the admissible evidence we have is there was no static drift.

IE is simply speculating
 
Yeah - i've debunked this so many times I've lost the will to live

There is no evidence there was static drift or any "fabricated pushpin"

BM was shown the GPS plot of the actual data as recorded. He was asked if he might have been moving around or chasing something. BM said he was.

Only BM knows if he was running or not, and thus whether there was static drift or not. He'd have to testify. As thing stand, the admissible evidence we have is there was no static drift.

IE is simply speculating
Rbbm

You are far more diplomatic than I.

But yes, speculating, as in speculating for gold, fool's gold.

You're exactly right -- LE has the actual GPS data, actual, accurate, reliable.

IE plays in the land of make believe.

JMO
 
^^rsbm

Appending to my post about BM's civil action alleging violations of his US and State Constitutional rights because I omitted an important reminder that although Domenico dismissed BM's claims against all the defendants WITHOUT prejudice, rest assured that even if there was a change of law tomorrow abolishing absolute prosecutorial immunity, a second dismissal here would be WITH prejudice because the lawsuit would be time-barred by the statute of limitations.

While there is no statute of limitations for murder in Colorado (and his murder charges also dismissed WITHOUT prejudice), the statute of limitation for BM's civil action is two years from the time the cause of action accrues.

In other words, BM was arrested on May 4, 2021, and his civil complaint was filed in the United States District Court for the State of Colorado on May 2, 2023-- barely making the two year window-- thus BM has essentially been time barred from from filing another civil action ever since since May 4, 2023.

OK, sorry about this important omission in my initial post. MOO
Excellent point! Barry Morphew must win his appeal of Judge Domenico's dismissal decision to continue seeking civil damages for his arrest. The likelihood of that is vanishingly small IMO, since the immunity principles Domenico applied are very well established and unlikely to be overturned. Domenico's finding that probable cause existed for Morphew's arrest is well supported not only in his analysis of the complaint, but also by Judge Murphy's authorization of the arrest and subsequent finding of probable cause after the hearing.

Once the final decision upholding dismissal of the federal case is made, Morphew might be able to revive his state claims but he'd have to be ready to file within a couple of days. They are most likely barred at this point, but there is a judicial doctrine of equitable tolling they could argue. The argument would be that they filed these claims in good faith in Federal court within the statute, that they appealed the dismissals of both Federal and state claims believing that Domenico's decision would be reversed and that he would then accept jurisdiction over the state claims, and that equitably, they should not be barred from filing because Morphew exercised their rights to append state charges to the Federal law claims and to appeal in good faith Domenico's decision to dismiss them.

IMO, the judicial doctrine of equitable tolling exists in Colorado but the precedent is very limited. Morphew would be making a novel argument using a doctrine that is not favored. Also, I question whether the potential financial reward of the state claims is worth pursuing. If Morphew is being professionally advised, he knows his hopes of winning millions are very dim indeed.

Thank you for making this point!
 
Anybody can file a civil suit. Hers had no merit outside the appearance of wrongdoing, and it rested squarely on a no-body case, so long as it remained a no-body case.

The recovery of Suzanne's remains closed the door on appearances forevermore. And with it, sank IE's flagship case.

When the time comes for the criminal trial, may it be tried on the merits of real evidence. Suzanne wanted transparency and was robbed of it during her lifetime. May her eventually trial deliver it for her in spades.

Starting with the one he used to bury her. What is done in the dark shall be made known.

JMO
 
Tomorrow, as Colorado resident, I will vote for Amendment I. If the Amendment passes, it will remove the right to bail for first degree murder charges. Doing my part to keep Barry jailed for as long as possible.
Haha also, prop 128 - convicted murderers must serve 85% of their time before eligible for parole. Doubly whammy if these pass and Barry is arrested/convicted. :cool:
 
Exactly! We've long known that there was an unusual amount of male friend requests sent from SM's FB on May 8, followed by at least two resets to her FB password on May 9. Given those receiving the friend requests were friends of SM's father and brothers, who told investigators they were convinced her account was hacked, and SM would never friend request them, I think it more likely SM was being impersonated by BM.

IMO, I think BM started experimenting with how to impersonate SM on Friday night, in anticipation of the fate he anticipated for his wife by Saturday night, May 9. Phone and Computer activity on SM's equipment is no evidence she's alive! MOO See PCA pg 34/129.
wholeheartedly agree- I think there was a shared laptop (the HP?) that was logged in to SM’s iCloud account. With this, BM could have sent texts and even made phone calls that looked like they were made by SM. If this plan had worked, BM would have been free to fully establish his alibi…by confusing the timeline of when she disappears. I think it’s possible that the real reason he took off home like a bat out of hell was because he got that email that she attempted to reset her Facebook password. He knew that if she also reset her iCloud password to get into her email (which I think she did) she completely thwarts his ability to impersonate her after death since he couldn’t get into her phone itself (which I feel 100% confident she had locked with an anti Barry passcode).

I need to go back and review the record, but iirc, there were two strange phone calls both out and in to SM’s phone late Friday night when she was likely asleep. At some point that night, BM is prowling outside (on the laptop perhaps). We know the phone calls weren’t to JL as they had gone incognito on WA back in November. My thought is that these calls might have been BM testing the computer impersonation. Perhaps calling to and from a burner phone to see what it showed as? Does it show as being from Suzanne or from the computer? Using this theory, we can also wonder about the mystic pizza photo (when SM was supposedly at home on WA with JL) and the “hiking” texts the next morning. And also the request to get Spa supplies.

I’m going to go back and look again, but it strikes me now that BM’s first plan may have been “Suzanne went hiking without me and disappeared while I was at work” and he accidentally reversed the texts that morning. Intending it to look like SM was asking him to hike (thereby establishing her leaving the house alone on foot) he accidentally asked HER. And then she answered “where?” Oops. Oh *advertiser censored*. Maybe he flips it around and tries again later-this time correctly sending as SM. (Wasn’t the text worded exactly the same both times? I need to go back and check). He responds no and then asks “did you leave” before he’s even home (so why’d he think she left?) perhaps to stage the lie of her leaving without him. It strikes me now that the clothes she was found with, while not suitable for biking, were something I would totally wear to hike, down to the balaclava. IMO, she wasn’t buried in the cycling clothes because that idea came after she was in the ground at Moffet. Otherwise, why dump them instead of putting them on her in case she’s ever found?

MOO
 
Defense Tool for Making Exhibits? A Shoelace and What?
The Prosecution had a CAST report showing the movement of Barry's phone. Did IE ever indicate what she was using to develop her exhibit? A shoelace and a pinwheel?....
snipped for focus @Megnut
"A shoelace and a pinwheel?"

ITS, and I may have found the source. :);) :)
Not from Amazon, or magical emporium, occult market, or sorcery boutique,
but Etsy.com, right here: Pinwheel-Shoelace-Charms
Sorry, I cannot get a pic to attach but you can see them at ---


ETA. I forgot to see if the vendor offers refunds.
 
Regarding #7 on the list posted upthread, IF the allegation is true SM’s phone and computer showed activity later that day/evening on the 9th, it would help to know what kind of “activity” it was. People have been known to pre-set certain things to happen at certain times on their phones, notifications etc., and perhaps SM did this?
Or, probably more than likely it was BM that generated the activity as logically he was in possession of SM’s phone after incapacitating/killing her after arriving home that afternoon.

Having said that, I reiterate that I do not believe BM impersonated SM in communications with himself and JL on the 9th, iirc something like 59 exchanges/messages between the lovers prior to BM arriving home at 2:43pm. Put it this way, I’d be shocked to learn BM was able to pull something like that off. To explain- since LE determined via their investigation/digital forensics that BM and his phone location were away from the home and that SM’s phone location was at the home at the time SM was communicating with BM and JL,
you’d have to believe BM would have to have somehow cloned SM’s phone and/or in some fashion logged into her accounts and impersonating her remotely communicating back and forth with himself (wanna go for a hike messages) and JL (59 lovey-dovey messages). I just cannot see this nor do I believe BM was that tech smart/savvy.
At any rate, FBI forensic digital specialists/analysts would have been able to figure out any phone spoofing and someone communicating remotely impersonating someone which is why this whole theory is dead in the water for me.

Another theory that was posited was that BM might have had an accomplice that was at the house on the 9th using SM’s phone and was the one communicating with BM and JL. I don’t think he had an accomplice, except perhaps only an unwitting one after the fact.

Those who believe either of those things occured (BM cloned her phone and/or logged into her accounts remotely, or had an accomplice at the house using SM’s phone to communicate with him and JL) mostly believe LE has the date of murder wrong, that SM was murdered the day/evening before- on Friday, May 8th sometime after saving her list of grievances notes on her phone and messaging her Sister MB detailing BM’s abuse. And believe the selfie SM sent to JL on the 9th was an old picture of SM that BM sent to JL while impersonating SM remotely. Again, FBI digital forensics specialists would be able to figure out phone’s metadata information and/or whether it had been tampered with. Some people believe BM outsmarted FBI digital forensics specialists, so be it.

I can believe it was possibly BM who sent out the FB friends requests Friday evening if while SM was asleep and maybe still logged in to FB on her phone or computer, BM noticed she was still logged in and took advantage of the opportunity while she was sleeping to send those requests out to trying to make SM look bad i.e., looking for men to hookup with and/or or he was trying to figure out who she was having an affair with.

At any rate, again, if the allegation is true, since unconscious incapacitated/dead people can’t use phones or computers, it was BM ‘messing’ with SM’s computer and phone in some fashion later that evening on the 9th before powering her phone down/destroying/discarding it somewhere on his way out of town to head to Broomfield a little past the 4am hour on the 10th when her phone delivered it’s final ping.

IMHOO

#JUSTICEFORSUZANNE
 
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