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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    Reposting article for reference.

    Barry Morphew files for guardianship of missing wife Suzanne Morphew

    June 5, 2020

    CrimeOnline obtained documents from Hamilton Superior Court in Hamilton County, Indiana, showing that Barry Morphew filed a petition for guardianship of Suzanne Morphew on June 1.

    [..]

    The pending petition states that Suzanne Morphew “is deemed incapacitated under Indiana Law because she cannot be located upon reasonable inquiry.”

    The document also states that Barry Morphew is requesting to sell real estate in Indiana on behalf of Suzanne, who is the joint owner of a property that is currently in contract and scheduled to close on June 6.

    “The need exists for the appointment of a guardian of the alleged incapacitated person in that she cannot be located upon reasonable inquiry and property in Hamilton County, Indiana, needs to be sold,” the petition reads.

    A member of Suzanne Morphew’s family who spoke on the condition of anonymity said that Barry and Suzanne owned multiple rental properties in Indiana, and said they recalled Suzanne saying that the couple was planning on selling at least one of them. The family member said they were unaware of Barry Morphew’s petition for guardianship when CrimeOnline asked them to comment on the matter.

    The court documents show that Suzanne and Barry Morphew’s eldest daughter, who is an adult, provided consent for her father to be appointed guardianship of Suzanne.

    [..]

    James McGuire, a staff attorney at the Indiana [*] Supreme Court, said that Indiana Supreme Court lawyers could not comment on the guardianship petition because the case is still pending, and could potentially proceed to the higher court. Several private practice attorneys based in Indiana declined to comment, and the attorney representing Barry Morphew in the petition for guardianship did not immediately respond to an interview request.

    ETA: [*] I believe the author means the Indiana Superior Court where Probate matters are heard and not the Supreme court. MOO
     
    Last edited: Jun 6, 2020
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  2. brooks

    brooks Well-Known Member

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    Why continue devoting so much time to the guardianship issue? The IN judge, lawyers, and IN law has already made a decision.

    I don't think anyone here would have standing to object.
     
  3. wheatnotchaff

    wheatnotchaff Well-Known Member

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    No need to apologize - your post is informative and to me, helpful. I came across the UAGPPJA and posted about it upthread this morning ... what caught my attention was the section about "signification connection state", which apparently is used to help determine jurisdiction for guardianship, and part of what I believe you're describing here. Sounds like proposing guardianship in IN (vs CO) is actually favorable to SM's interests, not simply (or at all) because she owns property there, which was what I highlighted in my post, but rather because most of her family connections are there. I guess if anyone is looking for even the tiniest bit of positive news on this aspect of the case, this could be it.
     
  4. brooks

    brooks Well-Known Member

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    With a person on the bicycle, I believe it would have made it that far down the hill.
     
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  5. CronesEye

    CronesEye Well-Known Member

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    Wouldn't that area be heavily trampled if that was where the bike really was? If I was searching that area, I would be walking all over that growth and looking at the base and in between. That vegetation looks too good to have been searched.

    Would be nice to get another confirmation to know if that was the real site the bike was found. As it doesn't look like it was searched very well.
     
  6. Seattle1

    Seattle1 #LiveLikeLizzy

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    SM now appears in the Guardianship Registry as an Incapcitated Adult, BM the Guardian, and the expiration date of 9/3/2020.

    upload_2020-6-6_12-37-10.png
     
  7. Madeleine74

    Madeleine74 Knower of Things

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    Is it more reasonable to believe BM was out selling the IN property sometime after 5/9, to a buyer who just so happened to want that very property to close in 27 days? And LE wouldn't have known about that transaction?
     
  8. Hoosierfan72

    Hoosierfan72 Well-Known Member

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    Interesting speculation, IMO. I do think, given her deep roots in IN, that IF SM was wanting to divorce BM, it would be very possible (maybe even likely) she would want to return to IN and take possession of this home. The timing on this could be just an odd coincidence, but it sure is suspicious.
     
  9. al66pine

    al66pine Well-Known Member

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    Killer Benefiting /Inheriting from Deceased's Estate?
    @Blue Amethyst :)
    Briefly, as a general legal principle, but as others posted, it sometimes happens.

    Not so briefly: Slayer rule
    Slayer rule - Wikipedia.

    "...The slayer rule, in the common law of inheritance, stops a person inheriting property from a person they murder (e.g., a murderer does not inherit from parents or a spouse they killed). In figuring inheritance of the decedent's estate, the slayer is treated as though they had died before the person they murdered, hence the murderer's share of the estate would pass to their[clarification needed] issue.
    While a criminal conviction requires proof beyond a reasonable doubt, the slayer rule applies to civil law, not criminal law, so the prosecutor must only prove the murder by a preponderance of the evidence, as in a wrongful death claim. Hence, even a slayer who is acquitted of the crime of murder can lose the inheritance by the civil court running the estate
    ...
    "In the United States, most jurisdictions have enacted a slayer statute,[8] which codifies the rule and supplies additional conditions. Such laws have sometimes been construed narrowly because the relevant statutes are criminal in nature, and serve to take away someone's rights that are otherwise afforded by law. Interpreted this way, a slayer statute will not prevent the killer from acquiring title to the property by other means. In jurisdictions with a common law slayer rule, a slayer statute may serve to extend and supplement the common law rule, rather than limiting it. For example, where the statute requires the heir to have been convicted to bar inheritance, a common law slayer rule that does not have this requirement may still serve to bar inheritance.[9]" bbm
    I'll check in later, and if no one else has posted CO. statutes, I will.
    {{ETA: After further thought, imo, SM's estate (testate or intestate} would likely be probated in CO, so I won't post IN. law.}}
     
    Last edited: Jun 6, 2020
  10. Shiloh28

    Shiloh28 Well-Known Member

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    To do that, she would have had to default on the land contract and somehow take possession from the people who live there now.

    EBM to add: Assuming the guardianship property is the IN home and not another property.
     
    Last edited: Jun 6, 2020
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  11. Hatfield

    Hatfield Well-Known Member

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    Good point.

    No telling if that really was where it was found. There was a ribbon tied to a tree but that could have been previous search markers of how far down they looked or something.
     
  12. curiousgene

    curiousgene Well-Known Member

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    Thank you ! Your input is greatly appreciated.
     
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  13. pocketaccent

    pocketaccent Well-Known Member

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    That is so very sad to see on paper. Let's see what happens in September hearing. If BM isn't arrested by then, I definitely want to know what he wants to do with a permanent guardianship. As we all do.
     
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  14. Fireflize

    Fireflize Well-Known Member

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    As long as we are just speculating (not much else to do at this point), if she wanted to return to Indiana, she could have bought a different house with the money from the sell of the old one. Moo
     
  15. oviedo

    oviedo Well-Known Member

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    Firefighters have a lot of equipment available and they weren’t tearing up that job site for no reason IMO
    We wait...
     
  16. wheatnotchaff

    wheatnotchaff Well-Known Member

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    Not only that, probably would want to ... fresh start and all that. IMO
     
  17. TKG

    TKG Well-Known Member

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    BBM

    To your point:
    Yes, it would be in SM’s interest as most of her family and friends reside in IN. However, her family was unaware of the petition. So that mitigates the benefit of hearing the petition there. IMO
     
  18. Ontario Mom

    Ontario Mom stay safe ♥ be kind

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    It's quite possible BM's phone data will reveal where she is.
    Eventually.
     
  19. carbuff

    carbuff Well-Known Member

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    Given the time of year, it's quite likely that a significant part of that growth happened after the searches. It's been nearly a month. That would hide any marks the searchers left.
     
  20. MassGuy

    MassGuy The Monsters Aren’t The Ones Beneath The Bed

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    I suspect that his phone data will be suspicious as hell (turned on and off), but I’m not optimistic it will provide enough information to locate her.

    Even Letecia Stauch knew that a phone is essentially a tracking device, and although suspicious (and damning), it did not lead law enforcement to the initial dumpsite.

    I wouldn’t be surprised to see something similar here. I think the best hope may be vehicle GPS.
     
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