Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #65 *ARREST*

[Seattle1]

Perhaps BM bought the spy pen as a gift for SM. She would have been unware that the pen was recording her calls and also recording played back voice mails. If that's the case then I can see why the pen would be referred to as 'SM's pen'.

From the information presented at the hearing, I'm inclined to believe that SM knowingly used the spy pen herself to record conversations with/from an individual.

However, given the poor/weak quality of the audio in its original form, I also think there's room for speculating that the spy pen was recording without SM's knowledge.

MOO

 

[SouthAussie]

"When it comes to audio quality, even the best spy pens are a bit of a mixed bag. The microphone, if there is one, is going to be an afterthought. Don’t expect to use one of these to record your next jam session. That said, a decent spy pen microphone should at least be able to pick up intelligible audio. If you can’t understand what people are saying, there’s no point in even having a mic."

"Video quality is the area where spy pens have made the most advances in recent years."

Ultimate Guide to the Best Spy Pen (Mini Hidden Camera) for 2021

 

[al66pine]

Spy Pen. The Right Tool for This Job?

Perhaps BM bought the spy pen as a gift for SM. She would have been unware that the pen was recording her calls and also recording played back voice mails. If that's the case then I can see why the pen would be referred to as 'SM's pen'.

@SeekingJustice Entirely possible. OTOH if BM bought spy pen & planted it in house to capture SM's calls, would it work well for this? If pen was voice activated, the device might pick up enough audio of something unrelated, say a TV movie and drain the battery, without recording a peep from SM. If pen activated only by manual switch, who'd be there to flip switch when SM was talking? In two level house, SM might talk on phone or w in-person visitor in an area of house too far away for pen's mic to record. Other poss snags?

If BM chose a spy pen for eavesdropping on SM, likely not optimal results, imo. But then again not all of BM's actions are well thought out. my2ct

Per discussion at hearing, seems spy pen did record some audio of someone sometime. Hoping we get more info on the pen's origin soon. {ETA: Some ppl could call it SM's pen, whether she was recorded w or w'out knowing.}
_____________________________________________
I skimmed user-review survey of several spy pens
(sorry, forgot who posted link to that great article in thread #64, but TYVM).
Some pens record audio only, some still pix too, some both audio-video.
Short battery life: looks like pens run for only 60 - 90 min, or a couple hrs.
Some are voice activated; others start only by manual switch.
And speaker's proximity to pen. How well or poorly would the mic pick up sound from one room to another, one level to another?
If SM used a spy pen on her phone convos? Likely a better tool for her, more so than for BM. my2ct.

 

[TIGER0822]

If this was SM spy-pen as the defense claim, it is not unlikley that SM was getting 'dirt' on BM for use in a divorce proceeding. You don't spy on someone you love. Melinda stated that SM was not in danger. I know I am going to get lashback for this comment, but I am leaning towards the importance of this text being over stated for media attention.

 

[Love Never Fails]

If this was SM spy-pen as the defense claim, it is not unlikley that SM was getting 'dirt' on BM for use in a divorce proceeding. You don't spy on someone you love. Melinda stated that SM was not in danger. I know I am going to get lashback for this comment, but I am leaning towards the importance of this text being over stated for media attention.

Melinda said Suzanne was scared. So since Melinda lived in another State, how could she KNOW Suzanne was not in danger? That doesn’t even make sense.

 

[10ofRods]

Perhaps BM bought the spy pen as a gift for SM. She would have been unware that the pen was recording her calls and also recording played back voice mails. If that's the case then I can see why the pen would be referred to as 'SM's pen'.

Oh man. Well, that would make Barry look even more guilty - if there are receipts that show this.

Wow. It seems this would mean that unless it's Barry in that one conversation - this is a violation of CO law. Doubtful it could be included as evidence.

If Barry bought it and it's all Barry, all the way through, then...wow...sounds like the prosecution thinks that what he said is relevant.

 

[Seattle1]

"When it comes to audio quality, even the best spy pens are a bit of a mixed bag. The microphone, if there is one, is going to be an afterthought. Don’t expect to use one of these to record your next jam session. That said, a decent spy pen microphone should at least be able to pick up intelligible audio. If you can’t understand what people are saying, there’s no point in even having a mic."

"Video quality is the area where spy pens have made the most advances in recent years."

Ultimate Guide to the Best Spy Pen (Mini Hidden Camera) for 2021

I posted a random YT review of a spy pen (digital audio recorder) in the last thread and the quality was pretty good audio when the recorder was used in close range -- i.e., no audio enhancement required in the demo.

(I think this model was available for purchase at Walmart).

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

 

[10ofRods]

From the information presented at the hearing, I'm inclined to believe that SM knowingly used the spy pen herself to record conversations with/from an individual.

However, given the poor/weak quality of the audio in its original form, I also think there's room for speculating that the spy pen was recording without SM's knowledge.

MOO

Then - you'd agree, it has to be with the consent of the other party? I wonder who that could be.

 

[SouthAussie]

I posted a random YT review of a spy pen (digital audio recorder) in the last thread and the quality was pretty good audio when the recorder was used in close range -- i.e., no audio enhancement required in the demo.

(I think this model was available for purchase at Walmart).

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #64 *ARREST*

Yes, I think what I am getting at is that spy pen audio is not high fidelity recording. So if Suzanne was recording BM screaming (reveberating) threats at her, or recording him quietly murmuring arrangements with a lover on the phone, I can see why the recordings needed to be enhanced to be clearly heard.

 

[Seattle1]

Then - you'd agree, it has to be with the consent of the other party? I wonder who that could be.

^^bbm

No, not exactly.

Colorado is a one-party [consent] state.

It would be perfectly legal for SM to record the individual she was talking to on the telephone because SM was a party to the conversation.

However, if BM recorded SM and the other person without their consent, it would be illegal per Colorado law.

Recording conversations legally is pretty easy in Colorado. “Colorado recording law stipulates that it is a one-party consent state.

In Colorado, it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. …

When is recording conversations legal in Colorado? - Civil Rights Litigation Group

ETA: add [consent].

 

[TIGER0822]

Melinda said Suzanne was scared. So since Melinda lived in another State, how could she KNOW Suzanne was not in danger? That doesn’t even make sense.

Melinda stated in her interview (extensively quoted in other posts) that per the text she received from SM, she was not in danger.

 

[Knox]

Melinda said Suzanne was scared. So since Melinda lived in another State, how could she KNOW Suzanne was not in danger? That doesn’t even make sense.

Melinda Moorman called into the local Colorado radio station Heart of the Rockies Radio to discuss the concerning texts she received from her sister.

"She definitely made implications that she had concerns about her safety and the condition of their relationship had, I think, deteriorated quite a bit over the last several years."

Missing mom told of 'safety concerns' before 'husband murdered her', sis says
LISTEN: Sister of Suzanne Morphew Talks With Heart of the Rockies Radio
=========================================================================================================
“The Friday before Mother’s Day, my sister had sent me a text message that morning. It was very lengthy. It was very powerful. It was very revealing,” Melinda said. “She had been ready to share some things close to her chest. She said she was scared.”

Barry Morphew Was 'Dominant' in Relationship With Missing Colorado Mom Suzanne Morphew, Her Sister Says
=========================================================================================================
The sister of Suzanne Morphew says while she doesn’t know anything specific regarding the circumstances of Suzanne’s disappearance, she believes financial issues caused stress in the relationship between her sister and her sister’s husband, Barry Morphew.

“I think life happens, I think pressures and stresses in life, I think financial pressure bears in on people very heavily. It creates an atmosphere of discontent and strife and sometimes living beyond your means is a very hard thing to do,” Melinda Moorman continued, “Learning to be content with what you have is a very powerful thing in this life, and it brings great peace, and I don’t think Barry and Suzanne had gotten there yet, and that’s what I think kinda happened and I can’t really say more than that.”

Suzanne Morphew's Sister Talks About Forgiveness, Justice After Barry Morphew's Murder Arrest: 'I Feel Great Sadness'
=========================================================================================================

You're right, after all of the above to say "Suzanne was not in any danger - I would have taken immediate action" while speaking with Chris at the end of May- is contrary to what she said right after Barry's arrest.

 

[Scootie98]

From the information presented at the hearing, I'm inclined to believe that SM knowingly used the spy pen herself to record conversations with/from an individual.

However, given the poor/weak quality of the audio in its original form, I also think there's room for speculating that the spy pen was recording without SM's knowledge.

MOO

This is exactly my sentiments, given what little we know about the evidence itself.

 

[Scootie98]

Melinda Moorman called into the local Colorado radio station Heart of the Rockies Radio to discuss the concerning texts she received from her sister.

"She definitely made implications that she had concerns about her safety and the condition of their relationship had, I think, deteriorated quite a bit over the last several years."

Missing mom told of 'safety concerns' before 'husband murdered her', sis says
LISTEN: Sister of Suzanne Morphew Talks With Heart of the Rockies Radio
=========================================================================================================
“The Friday before Mother’s Day, my sister had sent me a text message that morning. It was very lengthy. It was very powerful. It was very revealing,” Melinda said. “She had been ready to share some things close to her chest. She said she was scared.”

Barry Morphew Was 'Dominant' in Relationship With Missing Colorado Mom Suzanne Morphew, Her Sister Says
=========================================================================================================
The sister of Suzanne Morphew says while she doesn’t know anything specific regarding the circumstances of Suzanne’s disappearance, she believes financial issues caused stress in the relationship between her sister and her sister’s husband, Barry Morphew.

“I think life happens, I think pressures and stresses in life, I think financial pressure bears in on people very heavily. It creates an atmosphere of discontent and strife and sometimes living beyond your means is a very hard thing to do,” Melinda Moorman continued, “Learning to be content with what you have is a very powerful thing in this life, and it brings great peace, and I don’t think Barry and Suzanne had gotten there yet, and that’s what I think kinda happened and I can’t really say more than that.”

Suzanne Morphew's Sister Talks About Forgiveness, Justice After Barry Morphew's Murder Arrest: 'I Feel Great Sadness'
=========================================================================================================

You're right, after all of the above to say "Suzanne was not in any danger - I would have taken immediate action" while speaking with Chris at the end of May- is contrary to what she said right after Barry's arrest.

I appreciate this post....I had zeroed in on the issue of a "deteriorating" relationship. Melinda could only get that from Suzanne, I'm sure. How would a deteriorating relationship play out if it involved Barry Morphew? I think will know ultimately the answer.

 

[Scootie98]

If this was SM spy-pen as the defense claim, it is not unlikley that SM was getting 'dirt' on BM for use in a divorce proceeding. You don't spy on someone you love. Melinda stated that SM was not in danger. I know I am going to get lashback for this comment, but I am leaning towards the importance of this text being over stated for media attention.

The comment by Melinda that Suzanne was not in danger, or, she thought that she was not in danger....are not the same thing. I know she gave interviews and this issue can be subject to interpretation. Obviously, Suzanne was in danger, grave and life-threatening danger. I don't know how this was missed during communications...or whether Suzanne made it a point to down play her own personal fears. could have done that for the benefit of others...or, to avoid tipping her hand to Barry. But that reference that she was not in danger just didn't fit, although we are using it after the fact...hindsight is 20/20.

 

[HongKongPhooey]

Because it is the prosecution’s burden ultimately not a defendant. Since it is the state pressing the charges there are specific burdens they bear. The judge was exceedingly fair in his advice to have the tech people talk to each other but ultimately it is that states job to deliver the files in a readable format.

These technicalities aside, IMO if evidence on that pen was in BM's favour his legal team would be moving hell and high water to retrieve the evidence on it. The fact this is do-able, and they have not pursued doing it to the point of it being retrieved, to me speaks volumes.

 

[CGray123]

^^bbm

No, not exactly.

Colorado is a one-party [consent] state.

It would be perfectly legal for SM to record the individual she was talking to on the telephone because SM was a party to the conversation.

However, if BM recorded SM and the other person without their consent, it would be illegal per Colorado law.

Recording conversations legally is pretty easy in Colorado. “Colorado recording law stipulates that it is a one-party consent state.

In Colorado, it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. …

When is recording conversations legal in Colorado? - Civil Rights Litigation Group

ETA: add [consent].

BBM. I believe the DA has added ancillary charges to make sure the evidence they want to be part of the story is admitted over relevance objection. If that's true, and if the story includes BM surreptitiously recording SM using a spy pen, then this criminal act would have been added to the list of charges that are part of the story the DA wants to tell.

Quite aside from this, a spy pen that's out of BM's control does not seem a practical way for BM to conduct surveillance.

Plus, I agree with those who believe SM was gathering evidence for her planned exit from the marriage that is a part of this story.

So, I am inclined to believe the pen was, in fact, SM's purchased by her for her own purpose.

 

[Momofthreeboys]

These technicalities aside, IMO if evidence on that pen was in BM's favour his legal team would be moving hell and high water to retrieve the evidence on it. The fact this is do-able, and they have not pursued doing it to the point of it being retrieved, to me speaks volumes.

Oh but the defense did ask for the enhanced recording and said the recordings were significant.

 

[SouthAussie]

Oh but the defense did ask for the enhanced recording and said the recordings were significant.

I think you are speaking of two different things. HKP said if the spy pen evidence was favourable to BM the defense would have been making a greater effort to retrieve that evidence before now.
Whereas the defense said that the spy pen evidence was 'critical' to the case ... not that it was favourable to BM ... and they now wanted the FBI enhanced recording, among other things.

SUZANNE MORPHEW: Spy pen, surveillance video, cell phone data discussed in Barry Morphew hearing

 

[Love Never Fails]

Melinda stated in her interview (extensively quoted in other posts) that per the text she received from SM, she was not in danger.

But that’s her opinion. Not fact. Apparently. Since Suzanne was murdered.