CO CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #13

Discussion in 'Missing Persons Discussion' started by Mysti88c, May 12, 2020.

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  1. Seattle1

    Seattle1 #LiveLikeLizzy

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    Great question. I just happened to read this:


    Limited Background Checks of Non-Professional Guardians

    In December 2014, a survey on state guardianship laws and court practices found that almost 40% of the 1,000 respondents said that criminal background checks were not required of non-professional guardians of an estate. Respondents to the survey, commissioned by the Administrative Conference of the United States, included judges, court staff and guardians from around the country.

    Sixty percent of the court respondents said they did not require a credit or financial background check on a prospective guardian.

    But a background check could alert a judge to the potential for abuse once the guardian or conservator has control of someone’s assets. Seal said judges should require guardians to get a bond so the protected person can be “made whole” in the event of misuse or fraud.

    Guardianship In The U.S.: Protection Or Exploitation?
     


  2. brooks

    brooks Well-Known Member

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    When I put the NAMUS coordinates into Google Earth, it shows "Fresh Start Therapies"
     
  3. AugustWest

    AugustWest Well-Known Member

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    @Seattle1 I hope you don't mind the clip I've made of your quote. This right here is the truth. When I do pro-bono work, I make a point of helping others with advanced directives. They are simple to draft, and don't necessarily require an attorney's oversight. They can be done on the cheap and on your own. PoA's are a little more nuanced, but are a good compliment to a living will.

    I hate to spam these links, but this government site is very helpful:

    Advance Care Planning: Healthcare Directives

    Make sure to check out the links at the bottom of the page also.

    Health Canada also has information somewhere on their website for our maple flavored neighbors :):

    Health Canada - Canada.ca

    ETA: take your advanced directive with you to each and every doctor you visit, as well as your trusted associates.
     
    Last edited: Jun 7, 2020
  4. ogls

    ogls Patriot Mom on YT

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    I think FBI because it's a public place. If near Federal property I def expect FBI involved.

    No mountain lion if dog scent is real then it's just me wearing your clothes riding your bike ditchin it and you pickin me up I should ditch a piece of clothing as we ride off into the sunset. Edit: I'm also going to leave my cell and fitbit at home. I believe there was a bike not visible from the road. I think the item found is an article of clothing, a helmet draws suspicion from passerby head injury. Shoe/shirt tossed NBD on side of the road is common imo. Edit: I'm throwing away a single shoe and then the other. I'm creepy don't want to be in others shoes. Maybe I change in the car and we dump something at a rest stop/gas station? Edit: Holy Smokes what if I'm stupid and throw away my dna on a bikers glove?
     
    Last edited: Jun 7, 2020
  5. perception≠reality

    perception≠reality Well-Known Member

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    Re: item found

    I agree with your theory regarding the personal item found by searchers. The logic is sound, and Barry specifically called it an article in his accidental interview. Nobody else has ever called it anything other than a ‘personal item’. He seems to know an article of clothing was disposed of, even though searchers/LE have not confirmed to anyone what the personal item was...

    jmo
     
  6. Dave F.

    Dave F. Former member

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    I have no clue why your Google Earth delivers a different location than mine. Fresh Start Therapies appears to be a well established business, but I don't see any record of them ever being at the location of the coordinates, which is a street address of 539 I St, Salida, CO. When I do a simple Google search for that address, this map comes up. I note that Google Maps has picked the coordinates at the bottom of the letter "l" in their map notation "Salida". That very well could be the coincidence of where those coordinates originated in NaMUS. Actually, I'm going to lock in my answer with that. Random mouse click on the letter "l" in Salida is my final answer. IMO
    536 I St, Salida, Colorado - بحث Google
    qPublic.net - Chaffee County, CO - Report: R380705200293
     

    Attached Files:

  7. Stripehaven

    Stripehaven Well-Known Member

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    Whatever it was (actually IIRC the sheriff said “itemS”), it/they must have been clearly identifiable as SM’s; it doesn’t appear any family member was asked to identify it/them. Perhaps she wrote her name inside a helmet but as far as clothing goes, I don’t know. How would an article of clothing be clearly tied to her?
     
  8. MyBelle

    MyBelle Well-Known Member

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    Her DNA was on it is my guess.

    JMO
     
  9. Dave F.

    Dave F. Former member

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    It is my understanding that the FBI can get involved in a police case when there is either a potential federal violation or the police ask for help. Some common reasons to ask for FBI help are:
    a. a kidnapping (other than by a non-custodial parent) is suspected (Lindbergh law)
    b. a female of any age has disappeared in one of the selected western states who have federally recognized indigenous populations, or the female disappeared from a recognized Indian reservation (Missing and Murdered Indigenous Persons (MMIP) Initiative), or
    c. forensic expertise is required that is beyond the resources of the local LE, or
    d. it is suspected that a minor has been taken across state .lines for criminal purposes (Mann Act)
    Partnerships | Federal Bureau of Investigation
     
  10. Seattle1

    Seattle1 #LiveLikeLizzy

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    Beginning with CBI, they're the agency that performs forensic and laboratory services and criminal investigations at the request of local and state law enforcement, agencies, and district attorneys. They will always be a partner or on-call as they're the link to the district attorney.

    I have a couple of comments specifically about FBI having learned recently from Gannon Stauch, age 11. The first is that the FBI will initiate a kidnapping investigation involving a missing child “of tender years,” even though there is no known interstate aspect. “Tender years” is generally defined as a child 12 years or younger.

    Exceeding 12 years of age, the FBI will still monitor other kidnapping situations when there is no evidence of interstate travel, and it offers assistance from various entities including the FBI Laboratory.

    State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations. Instead, the investigative resources of the FBI and state and local agencies are often pooled in a common effort to investigate and solve the cases.

    Just as we know to follow the money when considering the motive of a crime, I always say you'd be remiss not to follow the money inside the investigation.

    The infusion of federal dollars when FBI joins a small county like Chaffee tells me more about where I think an investigation is going to end. In this case, FBI came aboard from the very beginning. The Sheriff does not have jurisdiction outside of his county but knew within the first hour that the husband was allegedly in Denver County, daughters allegedly out-of-state, and the missing person and husband both had strong financial and family ties outside of Colorado (IN).

    The above various locations alone could pose a significant issue for LE regarding cell phone and interstate cell towers analysis after the Supreme Court ruled that a search warrant is required to track an individual's cell phone location. The previous routine court order long relied upon by police that they were "seeking relevant information" from your phone carrier no longer works. The Supreme Court cited that an individual has a privacy interest in the day-to-day, hour-to-hour and even minute-to-minute records of his whereabouts — a privacy interest that requires the government to get a search warrant before gaining access to that information.

    It's well established now that cellphone data are more reliable than more traditional sources of information. Investigators tell us that cell data is better witnesses than human beings ... who may be biased, may be uncooperative, may have a faulty memory. FBI brings an immeasurable resource to an investigation when they assist with all aspects of the electronic footprint.

    I'd be worried had FBI not become involved as early as they did with this case.

    MOO

    In Major Privacy Win, Supreme Court Rules Police Need Warrant To Track Your Cellphone
     
    Last edited: Jun 7, 2020
  11. Seattle1

    Seattle1 #LiveLikeLizzy

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    @AugustWest, mum says the art of paying a compliment is dying out.... I'm flattered and thank you. :)

    WS'ers typically depict when they've clipped a quoted post with the preface RSBM (respectfully snipped by me) or SBM (snipped by me).

    It was DBM (delete by me) that I pondered for ages!

    Cheers!
     
  12. curiousgene

    curiousgene Well-Known Member

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    Wow!! It is pretty scary out there. It just shows the ugly side of the legal system. Cannot believe how the vulnerable are exploited by the ones who are supposed to take care of them. Guardianship is a very serious issue and yet the court, lawyers and judges treat it like a traffic ticket. Awful! MOO!
     
  13. al66pine

    al66pine Well-Known Member

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    Killer Benefiting From Death, Inheriting from Decedent's Estate?
    Blue Amethyst asked: "...if a wife left her assets in a will to her husband and he is later found guilty of murder of said wife....is he still entitled to receive them?"
    @Blue Amethyst :) Briefly, generally no, but as others posted, it sometimes happens.

    I welcome confirmation, clarification, correction on this post, esp'ly from our legal professionals.

    Our hypothetical, happy family: Wanda Wife, Harry Husband, & their offspring.

    Wanda dies of natural causes: Death Cert: C/Death = XYZ disease, 25 yr interval; M/Death = natural causes.
    Distribution/Transfers:

    Type of Asset....................................A/c orTitle, name.......... Type of Ownership........How Transferred after Death
    1. Bank, Checking a/c .................... Wanda & Harry .............Jt Tenants w Rt/Surv.................Death Cert
    2. Indiv. Ret A/c . .............................Wanda......................Sole (on her death, Bene Desig: Harry)...Death Cert
    3. IN.Teachers Retirement a/c ........ Wanda .....................Sole (on her death, Bene Desig: Harry)...Death Cert
    4. Life Ins Policy..........................(on) Wanda .....................Sole (on her death,Bene Desig: Harry)....Death Cert

    5. House w Acreage ........................Wanda & Harry...............Jt Tenants w Rt/Surv............... Death Cert + ?
    .

    6. Bank Cert's/Dep ......... Wanda & (her) Sibling .....Tenants in Common ................Probate Ct

    7. Merrill Lynch a/c ...........................Wanda .............................Sole (no ToD, no bene desig) ......Probate Ct
    8. XYZ Mutual Funds....................... Wanda..............................Sole.(no ToD, no bene desig) ......Probate Ct
    9. Microsoft Stock ............................Wanda (cert, not in st. name)...Sole (no ToD, nobene desig)........Probate Ct

    10. Family Trust............................Gr'pa George Trust..........Trust, w Wanda et al beneficiaries ....Trust documt.

    If Wanda Wife died of natural causes, the How Transferred After Death ^ column shows how the ten asset, a/c's would (typically) be distributed/transferred to others, most likely imo, by:
    --- 'Do-It-Yourself.' Assets, a/cs # 1, 2, 3, and 4. Can transfer quickly. Few days, a week, a month?
    .....Harry provides Wanda's death cert, completes & signs some forms: Bank checking a/c; State Teacher ......Retirement a/c, Indiv Ret Acct (whether at bank, brokerage, or other); Life Ins Co.
    ---
    Probate Ct: assets, a/cs # 6, 7, 8, and 9. Judicial procedure, not so quickly. ~ 6 mo, 1 yr, 2 yrs, longer?
    .... --- If Wanda left valid
    will, its terms determine who receives/ how distributed. Harry? Offspring? Others?
    ....
    --- If no valid will, CO intestacy statutes apply, w statutory shares to Harry & offspring.
    .........Merrill Lynch a/c, XYZ Mutual Fund a/c, Microsoft stock, her 50% in CDs held w sib in ten.com. bank a/c.
    --- Other. #5 house w acreage, Harry seeks legal counsel. Could be quick.
    ......#10. Family Trust, established by G'pa, likely provides that $$$, assets, or distributions Wanda may have .......been as receiving income & principal is then distributed to other beneficiaries of the trust. Nature of her death is immaterial, no effect on who receives Trust $$$ after her death
    (unless Harry is bene, then he receives $ 0).


    Harry kills Wanda: Death Cert: C/Death = gunshot wounds; M/Death = homicide. Harry is convicted of feloniously killing Wanda.
    Uner CO statute, If Harry Husband kills Wanda Wife, and
    ------(a) if he is convicted of 'feloniously killing' her, and all his appeals are waived or exhausted,
    ....... or
    ------(b) if an 'interested person' brings a civil action - wrongful death suit - to determine whether, by a ........preponderance of evidence standard, ea. element of felonious killing of decedent was established, and ct ........ruling determines it was felonious killing,
    then CO slayer statute* applies to prevent her death from benefiting Harry. What assets, a/c's does it apply to?

    Applies to assets passing thru the probate estate, either testate or intestate, and to trusts, joint assets, life insurance, and beneficiary designations. This changes who would receive distributions/transfers.

    Transfers/Distributions After Harry's Conviction of Felonious Killing of Wanda.
    After killing Wanda, if Harry was suspected, arrested & convicted immediately (<--- some other planet :eek::rolleyes: :confused:not Earth, not USA), he would not have time or a chance to arrange transfers/distributions. Then others would receive all of them. Basically those assets & a/c's would be distributed/transferred to the other beneficiaries, as if he predeceased them, the intent of the law.

    But if the nefarious killer Harry can obtain a death cert, w MoD showing natural causes (not homicide), and he moves quickly, he may be able to secure some of these assets. Sometimes months or years elapse before an arrest or conviction, which may be followed by yrs of appeals, in which Harry-types can sometimes obtain the assets and squander them. Depending on value of ea of ^ assets, a/c's, Harry may receive the lion's share or perhaps all of what he would be entitled to, as if he had not killed Wanda.
    As others posted, sometimes a person kills spouse (or other person) & sadly is able to benefit from that death.

    ^^^ All just hypothetical, w no relation to people in the orbit of SM's disappearance. ^^^
    I am not a lawyer and do not play one on TV, but welcome comments from our legal professionals.
    Sorry for length & formatting, should have used pdf/attachment.


    --------------------------------------------------------------------------------------------------------------------

    Slayer rule: Slayer rule - Wikipedia.
    * Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries
    15-11-803. Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, &beneficiary designations.
    https://leg.colorado.gov/sites/default/files/images/olls/crs2017-title-15.pdf
     
    Last edited: Jun 7, 2020
  14. Seattle1

    Seattle1 #LiveLikeLizzy

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    Not sure when BM was added but it appears the last donation was 9 days ago. For an account that was consistently trending, the public must be reacting here. MOO
     
  15. Birmingplumb

    Birmingplumb Well-Known Member

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    The reward wording needs to be for tips leading to information not only safe return - what good is that? I'd ask family will they change wording, answer may surprise.
     
    Last edited: Jun 7, 2020
  16. Birmingplumb

    Birmingplumb Well-Known Member

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    Does the big 3 day search of B.M's jobsite conclude the 100 people in L.E. believe Suzann is 1. deceased. 2. body not intact. and 3 . BM did it? If correct- what could be L.E. plan going forward?
     
  17. osu

    osu Well-Known Member

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    I would like to know too. She posted lots of loving photos of herself and BM up until April 2017 and then the tweets abruptly stopped.

    JMO
     
  18. Tate123

    Tate123 Well-Known Member

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    I wouldn't read too much into that as she was posting on another popular platform much more conducive to posting family pics and vacations. Twitter is more about sharing ideas and commenting on news trends. IMO
     
  19. kay74

    kay74 Former Member

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    So all this investigation of "the husband" and nothing has come up. Sheriff must be disappointed. A month has gone by with 3 different agencies on the case. I know I will get alot of flack and I am not going to read it, but this is really really concerning.
     
  20. Janeumayer

    Janeumayer Well-Known Member

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    If you look at her Facebook account, you can see she stopped posting BM’s pics in April 2017. From then on there were only a few posts of her, her daughters or her IN house that was put up for sale.
     
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