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

[eyeseestars]

just wanted to point something out- Whatsapp is a separate app that is not connected to the iCloud. So if BM is logged, on a separate laptop, into Suzanne’s iCloud, it would enable him to see and create texts and phone calls but NOT anything on WA. My theory is that BM may have been texting as Suzanne and making phone calls to test that out, but I do not at all think BM was the one messaging with JL. I think that was absolutely SM herself. Iirc, Suzanne and JL had taken their relationship off of mainstream communication channels back in November 2019, after his daughter had seen their texts and Suzanne felt like Barry was spying on her.

 

[eyeseestars]

Does anyone have the official transcript of the texts from May 9? Because according to Lauren Scharf, Barry is the one who first brought up “hiking” at 9:50 on Saturday, to which Suzanne allegedly responds “where?” And gets no answer. Then later Suzanne allegedly texts asking Barry “wanna hike?” To which he responds “no I’m coming home” and then “did you leave”

However, I’ve also seen a snippet saying it was Suzanne who supposedly initiated the first text. Curious either way tbh, considering Barry was already at work and was supposed to be working the entire day with MG. This workaholic, who works SO HARD he has to leave at 4am on Mother’s Day is going to leave the worksite to take Suzanne hiking for kicks? Sure Jan.

 

[Tragg]

If forensic computer people can show that someone other than Suzanne was texting and messaging on her phone after she was dead, and that these actions were taken by someone using a device that Morphew had access to, the attempted deception would be powerful evidence against him. I hope that can be done!

 

[Seattle1]

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

I don't believe there was any chance whatsoever that BM could impersonate SM with JL! Never. We also know their communication was mostly limited to apps and LinkedIn.

However, I do believe BM was behind the FB friend requests sent from her account per the PCA, and I would not put it past BM to contemplate how impersonating SM using texts between SM's phone and their daughters since the daughters not being able to reach SM would likely impact his contact with them, where a change in their plans might throw a wrench in his schedule. I don't think it came to that but I think he was prepared.

Also, I don't think there was any credible evidence by the defense that SM was communicating with anyone on any platform much past SM's final POL photo and message to JL.

It's probably in the PH tweets where this was first introduced by the defense, and in the back of my mind, I want to say SM's iPhone may have been set to download an iOS update at some early hour, around the time BM was allegedly sleeping but actually over working the doors on his Ford.

Just a reminder to be cautious when discussing any list derived from the Civil Complaint. We know from experience, just because IE wrote it, doesn't make it true! I'll share a significant, specific example later where Lama ruled on a false statement Motioned by the defense, which was impeached in a defendant's Motion to Dismiss the Civil Suit.

But we've been here before - Judge Domenico should be able to rely on another Justices' Ruling to be based on the facts but too many times on this case, Lama's were facts by IE where f = figment and a= artificial.. MOO

 

[MassGuy]

If forensic computer people can show that someone other than Suzanne was texting and messaging on her phone after she was dead, and that these actions were taken by someone using a device that Morphew had access to, the attempted deception would be powerful evidence against him. I hope that can be done!

There was no communication after Barry arrived home Saturday afternoon, which helped firm up when the murder occurred. Barry of course attempted to explain this away by claiming they agreed to put their phones down, and had the perfect night. If you recall, they ate two steaks off two plates, one steak off two plates, and one steak off one plate.

The irony here is that Barry was done in by dishes, and not knowing how dryers work.

So no communication from Saturday afternoon onward, and her phone last pings (as it would as it was powered down), at 4:23, as Barry would have been leaving for his pressing job 12 hours early.

A job that he knew he couldn't perform.

ETA: Totally missed the context here.

 

[fcavanaugh]

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.

Well considering BM himself confirmed to LE that he was running around, I’d say the LE and DA/prosecution team speculation turned out to be correct.

And to explain his running around activity, he comes up with the insane outlandish story (lie) that he was running around the property shooting chipmunks. Absurd.

I mean his own defense council (IE et al) contradicted his running around shooting chipmunks as they blathered on at a Preliminary Hearing about static drift and BM running through walls at impossible speeds. SMDH.
Did they forget what their client told LE, or were they hoping no one would notice their client’s own words that he was running around shooting chipmunks does not align/disproves their static drift/running through walls at impossible speeds?
This would be comical if not for the fact it’s such a horrifically tragic case.

BM was running around alright but not shooting chipmunks, imo he was running around hunting down Suzanne before incapacitating and ending her.

IMHOO

#JUSTICEFORSUZANNE

ETA-clarity

 

[I am not Sherlock H.]

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.

Respectfully, there was no ‘prior prosecution’ in the case of BM accused of killing SM.

IIRC there was no prior jury empaneled nor attempted prosecution. The case was dismissed without prejudice before either could occur. And thus it is IMO inaccurate to refer to a ‘second prosecution’ of BM. MOO

 

[mrjitty]

I went down the rabbit hole on this, and I am fairly sure BM was not able to use any of SM's messaging.

Login from a different device shows up in the login records. Anyone can verify this. Go to your google, apple, linkedin settings etc, and you can see which devices are logged in to your ID.

IMO what happened was BM could not access her iPhone. If he could, he would have created a digital alibi. Instead we know her phone travelled away from the house in the dead of night at a time BMs phone location was also away from PP.

It is exactly what it looks like IMO. No need for theories.

MOO

 

[Curiousobserver]

There was no communication after Barry arrived home Saturday afternoon, which helped firm up when the murder occurred. Barry of course attempted to explain this away by claiming they agreed to put their phones down, and had the perfect night. If you recall, they ate two steaks off two plates, one steak off two plates, and one steak off one plate.

The irony here is that Barry was done in by dishes, and not knowing how dryers work.

So no communication from Saturday afternoon onward, and her phone last pings (as it would as it was powered down), at 4:23, as Barry would have been leaving for his pressing job 12 hours early.

A job that he knew he couldn't perform.

ETA: Totally missed the context here.

He clearly did not have complete access to using her phone, in his interviews with detectives he clearly did not know with certainty she was having an affair and had no idea who with. He would have had a good idea of both if he could access her phone and her Linkedin account. He had to turn to other means to produce fake proof of life, hence the activity on her Facebook account.

 

[MassGuy]

He clearly did not have complete access to using her phone, in his interviews with detectives he clearly did not know with certainty she was having an affair and had no idea who with. He would have had a good idea of both if he could access her phone and her Linkedin account. He had to turn to other means to produce fake proof of life, hence the activity on her Facebook account.

I’m still perplexed by the Facebook activity, but I don’t think it was an effort to establish fake proof of life.

I say this because the timing is too early; she was clearly alive the following day.

It was either Barry fishing, Suzanne trying to piss him off, or legitimately trying to reconnect with people.

I totally agree with him not knowing the identity of the man Suzanne was having an affair with. He was all but begging investigators to tell him who it was.

 

[Megnut]

I’m still perplexed by the Facebook activity, but I don’t think it was an effort to establish fake proof of life.

I say this because the timing is too early; she was clearly alive the following day.

It was either Barry fishing, Suzanne trying to piss him off, or legitimately trying to reconnect with people.

I totally agree with him not knowing the identity of the man Suzanne was having an affair with. He was all but begging investigators to tell him who it was.

After Suzanne's "I'm done" text, none of Barry's former manipulations worked. Her resolve was absolute. He talked about her chronic drinking (the occasional IPA) and her recreational drugging (Rxs for pain management) but, while he maybe couldn't fault a guy for wanting Suzanne, secretly his ego couldn't take her wanting another man. IMO he was rabid to learn who this man was and if he learned who it was, he would have killed him, expecting that Suzanne would return to her senses (as he defined them).

What is surprising is that Barry didn't apparently think of JL, his ancient nemesis. Had Suzanne's lover been local and discovered by Barry, he'd have disappeared.

Friday night, he was foaming at the mouth, desperate to find out The Who, was all over the place and everywhere but bed that night, probably a mental wreck trying to figure out how to stop an affair, stop a divorce, maintain control of all the money and maintain control of his family. He reached resolution at 11 am. (I think, in addition to his Facebook search the night before, he may have repositioned his trail cams that same night, in order to catch Suzanne with her lover) (instead catching her alone, sunbathing, possibly engaged in an intimate conversation and it enraged him.)

I think, to this day, Barry feels he had no other choice. His weird interpretation of religion -- Suzanne wasn't in her right mind, drugs and alcohol impaired her judgment -- and she wasn't listening to his. So he put her down. Apparently his brand of religion doesn't have that prohibition about killing... when you strip away his crappy self-justification, you have every murdering husband who kills his wife to keep her from leaving him. Nothing clever or unique about Barry. "If I can't have you..."

It must take everything Barry's got not to go after JL now, unless he blames Suzanne for that and the male gets the free pass, because who could-blame-him. Didn't he say Suzanne was the prettiest woman in the county?

I'm guessing that he'll never blame himself. That's not in his wheelhouse.

He wouldn't oblige Suzanne her half of their wealth, but he's blown it on his indefensible defense.

For all of it, he's earned his stripes. Horizontal, state issued.

JMO

 

[scapa]

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!

Thanks for the detailed explanation.

It is my belief that Team BM, perhaps minus the appellate franchise, is less interested in the civil lawsuit win than they are in using its chilling effects as a means of forestalling, or at least indefinitely postponing, future (impending?) criminal prosecution for the murder of SM.

IMO the goal is up the perceived risk of another prosecution such that the state either waits on the perfect case or postpones in the belief that they lack the resources or will to prevail.

I have no idea if that is a supervening aim for BM & Co., or if they're correct in their assumption that an aggressive defence will insulate him from further charges, but it seems plausible as a reason for continuing to fight what seems to be a losing battle in an effort to win the larger war.

Anyway, my tuppence. IMO, MOO, etc.

 

[Love Never Fails]

I’m still perplexed by the Facebook activity, but I don’t think it was an effort to establish fake proof of life.

I say this because the timing is too early; she was clearly alive the following day.

It was either Barry fishing, Suzanne trying to piss him off, or legitimately trying to reconnect with people.

I totally agree with him not knowing the identity of the man Suzanne was having an affair with. He was all but begging investigators to tell him who it was.

It is possible Suzanne was attempting to contact others to throw Barry off and even to show him she was out of the marriage emotionally. She was getting stronger and he hated that.

If only he had been man enough to understand his faults in the marriage, things could be very different today. Instead, he opted for murder.

 

[I am not Sherlock H.]

I’m still perplexed by the Facebook activity, but I don’t think it was an effort to establish fake proof of life.

I say this because the timing is too early; she was clearly alive the following day.

It was either Barry fishing, Suzanne trying to piss him off, or legitimately trying to reconnect with people.

I totally agree with him not knowing the identity of the man Suzanne was having an affair with. He was all but begging investigators to tell him who it was.

Yes @MassGuy ….. unless…… maybe BM was trying to feign surprise and wanted to see whether investigators might confirm his idea or suspicions? Maybe he didn’t want to show any cards or hand for a possible motive? So instead act ‘oblivious’? Try to show that he hadn’t a care or any real idea of it?

Speculating only on this and not sure if this is the case or any evidence to support. And not deliberately trying to give BM credit for thinking such on this. MOO

 

[Seattle1]

FINAL JUDGEMENT IN FAVOR OF THE DEFENDANTS

DocumentCloud

www.documentcloud.org

KKTV - MORPHEW DISMISSAL

 

[Seattle1]

FINAL JUDGEMENT IN FAVOR OF THE DEFENDANTS

DocumentCloud

www.documentcloud.org

KKTV - MORPHEW DISMISSAL

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.

^^RSBM

Domenico's FINAL JUDGEMENT was entered by the Court on 9/24/24, and linked above.

BM's appeal of Domenico's decision?? Seriously? Please link when filed as OP's announcement seems to be missing from MSM, and all typical US Court sources! Thank you.

 

[Tragg]

BM's appeal of Domenico's decision?? Seriously? Please link when filed as OP's announcement seems to be missing from MSM, and all typical US Court sources! Thank you.

Domenico's final judgment dismissing the case won't be the end of it, according to his attorney, Jane Fisher-Byrialsen. The final judgment of the trial court starts the timelines for filing a notice of appeal, briefs, hearings, etc. Assuming the 10th Circuit upholds existing precedent, the final judgment of that court will start the timeline for Morphew to petition the Supreme Court of the United States for review on certiorari. When they decline to accept the case as they usually do, that final decision of the SCOTUS will affirm the final judgement of the district courts on the Federal charges.

Under the hypothetical argument I proposed, Morphew had two days left on the two year limitation period when he filed his Federal law claims for relief, with the Colorado state law claims appended with a request that the court exercise its discretion to take jurisdiction over them. He would have to have a draft state law complaint ready to file within two days of receiving the final decision of the Circuit or Supreme Court, whichever was later. If the defendants in that case asserted the limitations period as a defense, he would in my scenario make his argument that the statute should be tolled (suspended) from the day he filed the Federal suit to the day he received notice of the final decision on appeal.

As I said, this is a Hail Mary argument, but it could keep the state claims alive for years after the Federal claims are gone. If as @scapa believes, Morphew's civil claims are a way to intimidate prosecutors with his aggressive litigation, the extended appeals may have a value more than dollars.

 

[SortaSleuthy]

I’m still perplexed by the Facebook activity, but I don’t think it was an effort to establish fake proof of life.

I say this because the timing is too early; she was clearly alive the following day.

It was either Barry fishing, Suzanne trying to piss him off, or legitimately trying to reconnect with people.

I totally agree with him not knowing the identity of the man Suzanne was having an affair with. He was all but begging investigators to tell him who it was.

I agree. Since Suzanne had made the “break” with Barry several days earlier, it seems that she would be trying to reconnect with guys. She knew that Jeff was not a long term prospect what with his flock of kids.

 

[Megnut]

I agree. Since Suzanne had made the “break” with Barry several days earlier, it seems that she would be trying to reconnect with guys. She knew that Jeff was not a long term prospect what with his flock of kids.

She even said IIRC that, she intended to focus on herself and wouldn't be in touch with him. I think JF was her flight of fantasy, an escape from the exhaustion that was Barry, but as you say, never a long term prospect and they both knew it.

She wanted HER life back.

Barry led her to think he was finally letting her get it.

When, in fact, he was about to take it.

Jmo

 

[Love Never Fails]

She even said IIRC that, she intended to focus on herself and wouldn't be in touch with him. I think JF was her flight of fantasy, an escape from the exhaustion that was Barry, but as you say, never a long term prospect and they both knew it.

She wanted HER life back.

Barry led her to think he was finally letting her get it.

When, in fact, he was about to take it.

Jmo

Come on prosecutors! Arrest this murderer already!