Latest / Crime Stories with Nancy Grace / BOMBSHELL: BARRY MORPHEW CHARGED FOR SECOND TIME WITH WIFE SUZANNE’s MURDER

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BOMBSHELL: BARRY MORPHEW CHARGED FOR SECOND TIME WITH WIFE SUZANNE’s MURDER · Crime Stories with Nancy Grace

0:00
Speaker 1: Crime Stories with Nancy Grace bombshell and a stunning twist.
0:08
Speaker 1: Barry Morphew is charged again and the murder of his wife,
0:14
Speaker 1: Suzanne Morphew.
0:16
Speaker 2: I spent days.
0:18
Speaker 1: Tramping around the entire area and realized very quickly how
0:23
Speaker 1: difficult it would.
0:24
Speaker 2: Be to find Suzanne Morphew's remains. But guess what.
0:30
Speaker 1: They were found in a remote area, and those remains
0:36
Speaker 1: really crack this case wide open. Take a listen to
0:41
Speaker 1: Anne Kelly, District Attorney, twelve Judicial District.
0:43
Speaker 3: Suzanne Morphew was reported missing on Mother's Day five years ago.
0:49
Speaker 3: Law enforcement has never stopped working to obtain justice for
0:56
Speaker 3: this mother of two, this daughter, this sister, and this
1:01
Speaker 3: beloved member of the Chaffey County community. Through the tireless
1:07
Speaker 3: efforts of the Chaffey County Sheriff's Office, the Sawatch County
1:12
Speaker 3: Sheriff's Office, the Colorado Bureau of Investigation, and the Federal
1:16
Speaker 3: Bureau of Investigation, I can announce today that the twelfth
1:21
Speaker 3: Judicial District Grand Jury returned an indictment. The grand jury
1:27
Speaker 3: has indicted Barry Morphew on the single count of murder
1:31
Speaker 3: in the first degree.
1:32
Speaker 1: Many of us thought this day may never come, but
1:36
Speaker 1: held out hope for justice for Suzanne. As you will
1:40
Speaker 1: all recall, he the husband Bary Morphew, had been indicted
1:45
Speaker 1: before and the case was thrown out of court on
1:50
Speaker 1: alleged prosecutorial misconduct. Now years have passed and the case
1:56
Speaker 1: has been revived, brought back from the dead straight out
2:00
Speaker 1: to a very special guest joining us is Tisha Leeway,
2:04
Speaker 1: a very dear friend of Suzanne Morphew. Tisha is wonderful
2:11
Speaker 1: to see you. I wondered if we would ever speak
2:16
Speaker 1: on this occasion. Tell me your response, your reaction when
2:21
Speaker 1: you learned Barry Morphew had finally been indicted a second
2:25
Speaker 1: time in Suzanne's murder.
2:27
Speaker 2: I was shocked, Honestly.
2:29
Speaker 4: I knew I was hoping that the day would come, obviously, but.
2:34
Speaker 2: I didn't even know.
2:35
Speaker 4: I was working and my phone was just going crazy,
2:39
Speaker 4: and then all of a sudden, I had to stop
2:42
Speaker 4: and just look, and I honestly started crying because I
2:47
Speaker 4: was so shocked and happy, and I mean, I'm glad
2:51
Speaker 4: this day is finally came.
2:53
Speaker 1: You stated that you always thought it would happen after
2:57
Speaker 1: the first and night was thrown out for alleged prosecutorial misconduct.
3:02
Speaker 1: Many people thought it never would that the case was
3:04
Speaker 1: so tainted there was no way to get a grand
3:07
Speaker 1: jury indictment or conviction.
3:10
Speaker 2: Why did you always believe it would happen?
3:12
Speaker 4: I just know that, you know, things work in mysterious ways,
3:16
Speaker 4: and I feel like she deserves the justice, so I
3:20
Speaker 4: think honestly, after they found her body in a different county,
3:26
Speaker 4: I felt like we were in good hands, not that
3:30
Speaker 4: Chafe County, you know, most of them, you know, are
3:35
Speaker 4: worked with Swatch County anyway, But once the body was found,
3:41
Speaker 4: obviously that gave us way bigger hopes, and then once
3:45
Speaker 4: the autopsy came out, that was even bigger.
3:48
Speaker 1: Titia Leeway, a very dear friend and confidante of Suzanne Morpheus,
3:53
Speaker 1: what was your reaction when you realize when you first
3:57
Speaker 1: realized that Suzanne was missing and couldn't be found.
4:03
Speaker 2: What did you think?
4:05
Speaker 5: I just kind of just followed the news a little bit,
4:09
Speaker 5: but you know, it was a little strange just the
4:12
Speaker 5: way she went missing, so obviously I kind of thought
4:17
Speaker 5: something else happened.
4:19
Speaker 1: Guys, we are joined by an all star panel and
4:21
Speaker 1: we are trying to make sense of what we are learning.
4:24
Speaker 6: Now.
4:26
Speaker 2: I want you to take a Listen to what happened
4:29
Speaker 2: around the time.
4:30
Speaker 1: Suzanne seemingly vanished into thin air, all alone in her
4:36
Speaker 1: home on Mother's Day, and according to her husband, Barry Morphew,
4:44
Speaker 1: she decided to go on a Mother's day by cride.
4:48
Speaker 2: Listen.
4:48
Speaker 6: After a missing person's report was called in by a neighbor,
4:51
Speaker 6: investigators responded to the Morphew's residence. The house was locked,
4:55
Speaker 6: Suzanne's vehicle was in the garage with no signs of
4:57
Speaker 6: forest entry. Suzanne and her bicycle, we're missing. The bike
5:01
Speaker 6: was found less than a mile from her home down
5:03
Speaker 6: a hillside off a dirt road.
5:05
Speaker 1: Joining me investigative reporter with crime stories Dave mac Dave mac.
5:13
Speaker 1: We all flew out to the location and spent days
5:20
Speaker 1: looking for evidence. Reviewing the location where her bike was found.
5:26
Speaker 1: And I recall distinctly at the time that Barry Morphew
5:32
Speaker 1: said his wife must have been eaten by wild animals.
5:38
Speaker 1: I guess what. As she went by on the bike,
5:41
Speaker 1: a wild animal just jump and attacked her. Mid Bi
5:46
Speaker 1: cried and then dragged her body away. Her bike helmet
5:51
Speaker 1: was found about a mile away. I guess the wild
5:55
Speaker 1: predator dragged her her helmet a mile away, But then
6:01
Speaker 1: that theory was scattered when her body was found in
6:06
Speaker 1: another county. That's a long way for a mountain lion
6:11
Speaker 1: to drag a dead body, isn't it.
6:15
Speaker 6: Well, you know, Nancy, it's a long way for any
6:18
Speaker 6: animal to carry a body. But to actually his theory
6:23
Speaker 6: of the bobcat, he threw that out there right or
6:26
Speaker 6: a mountain lion, he threw that out there right away.
6:29
Speaker 6: And anybody in the area that knew anything about mountain
6:31
Speaker 6: lions were like, no, that, they don't work like that.
6:34
Speaker 6: There might be one out here somewhere, but they're not
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Speaker 6: going to do that. And when they found her remains, fancy,
6:40
Speaker 6: if you remember, the remains that they found were bleached
6:44
Speaker 6: and almost complete. You know, they found almost a complete
6:48
Speaker 6: set of bones of her, and that's not common when
6:52
Speaker 6: you find a body out in an area like where
6:55
Speaker 6: she was found, it's very uncommon. They're usually parts of
6:59
Speaker 6: the body because if wild animals get it, they carry
7:01
Speaker 6: it away parts of it and they're all scattered. But
7:04
Speaker 6: that didn't happen here.
7:05
Speaker 1: Now I'm looking back over what happened that morning, that
7:08
Speaker 1: Mother's Day morning to doctor Bethany Marshall joining us renown
7:12
Speaker 1: psychoanalyst out of the LA jurisdiction.
7:15
Speaker 2: She's the author of deal Breaker.
7:18
Speaker 1: You can see her now on Peacock and you can
7:21
Speaker 1: find her online at doctor Bethany Marshall dot com.
7:23
Speaker 2: Doctor Bethany.
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Speaker 1: Her daughters were camping on Mother's Day and they called
7:31
Speaker 1: her relentlessly to talk to their mom on Mother's Day.
7:36
Speaker 1: Interesting that prior to that weekend, Bary Moore for you,
7:42
Speaker 1: according to reports, did not have a construction job planned.
7:48
Speaker 1: But suddenly that morning, around I guess four o'clock in
7:52
Speaker 1: the morning or so, he put together a crew for
7:57
Speaker 1: an out of town job. It took off on Mother's
8:01
Speaker 1: Day morning, leaving, according to him, his wife alone on
8:07
Speaker 1: Mother's Day still asleep in bed.
8:10
Speaker 7: Thoughts, Nancy, that's so suspicious. Who was pulled together a
8:14
Speaker 7: crew at the last minute? And if he did, is
8:18
Speaker 7: there a homeowner or a business owner who requested for
8:23
Speaker 7: him to come in at the last minute. Perhaps they
8:25
Speaker 7: had complaints about the plumbing or the tile or something
8:28
Speaker 7: like that. I mean, I think we'd really want to
8:30
Speaker 7: show that there was a reason that he would pull
8:32
Speaker 7: together that crew. Secondarily, Nancy, mother's as you know, because
8:36
Speaker 7: you have beautiful Lucy. They want to be in contact
8:40
Speaker 7: with their children on Mother's Day. The fact that she
8:44
Speaker 7: would not pick up the phone is very odd. I mean,
8:47
Speaker 7: this was her reason for being in life, was to
8:50
Speaker 7: be in contact with her children and Leslie. You know,
8:53
Speaker 7: the idea that her bones were found so far away, bleached, preserved,
8:59
Speaker 7: not eaten by animals, And the fact is that if
9:03
Speaker 7: she had died of natural causes out in the out
9:06
Speaker 7: in the wild, her body would have been scavenged. So
9:09
Speaker 7: there's just so many things that are missing about this story.
9:12
Speaker 2: You know, I want to follow up on something that
9:14
Speaker 2: you just said.
9:15
Speaker 1: Joining me is doctor Thomas Coin, Chief Medical Examiner, District
9:19
Speaker 1: to Medical Examiners Office, State of Florida. He is a
9:22
Speaker 1: forensic pathologist, a toxicologist, and a neuropathologist and you can
9:27
Speaker 1: find him on x at doctor tm coin. Doctor Coin,
9:32
Speaker 1: thank you for being with us. What does it mean
9:35
Speaker 1: that there was no hair attached to her body?
9:39
Speaker 8: Well, if she did die, or if her body was
9:42
Speaker 8: placed outside and she decomposed outside, there would have.
9:47
Speaker 6: Been a hair mass.
9:49
Speaker 9: Not only a hair mass, you.
9:50
Speaker 8: Would have seen in the soil evidence of decomposition because
9:53
Speaker 8: all of those body tissues, your body fluids had to
9:56
Speaker 8: go somewhere as they begin to denature and liquefy, and
10:00
Speaker 8: so you would have had, in conjunction with the skeleton,
10:02
Speaker 8: you would have had her hair mass. You would have
10:04
Speaker 8: also had evidence of decomposition or fluid, especially if she
10:08
Speaker 8: was wearing clothing. The clothing I'm sure would have been tattered,
10:11
Speaker 8: would have had evidence of decomposition, fluted or deco or
10:14
Speaker 8: fluid within those tissues or clothing for that matter.
10:17
Speaker 2: We learn more about the discovery of her body. Listen.
10:21
Speaker 6: When Suzanne's body was found, the majority of her bleached
10:24
Speaker 6: bones were recovered, along with a cancer port and items
10:27
Speaker 6: of clothing matching bike clothing Suzanne was known to wear.
10:30
Speaker 6: There was a lack of bug activity, inconsistent with the
10:33
Speaker 6: remains decomposing where they were found. There was also a
10:37
Speaker 6: lack of animal activity on the bones and no hair
10:39
Speaker 6: mass found. These features would have been expected where the
10:43
Speaker 6: body was found if it had been the original gravesite
10:46
Speaker 6: where decomposition occurred.
10:48
Speaker 1: Doctor Colin, when you refer to a hair mass, you're
10:50
Speaker 1: referring to the hair that would have been on her head.
10:53
Speaker 8: It's correct, Yeah, it would have floffed off of her hand.
10:55
Speaker 1: And understand again what that means that no hair mass
10:58
Speaker 1: is found.
10:59
Speaker 2: What does that main sure?
11:01
Speaker 8: Well, if her body was left outside, she would have
11:04
Speaker 8: decomposed outside, and that's a meal for bugs, for animals.
11:09
Speaker 8: You would have had scavenging activity. Animals would have come in,
11:12
Speaker 8: uh to sort of gain access to the tissue. They
11:15
Speaker 8: would have walked away with certain body parts. But the
11:18
Speaker 8: hair on the heads, as the tissue begins to decompose,
11:21
Speaker 8: it sloths off of the skull, leaving that matted hair behind.
11:26
Speaker 8: Very often that hair is full of waxy tissue, bugs, magus,
11:32
Speaker 8: other types of tepey that may be president so it
11:34
Speaker 8: forms almost like a matted massive hair and that would
11:37
Speaker 8: have been present there with the skeleton.
11:39
Speaker 2: So that means that's not where she decomposed originally. Is
11:42
Speaker 2: that what you just said means absolutely?
11:45
Speaker 8: And also when you have bleached bleached skeleton like that,
11:47
Speaker 8: a body that's outside weathers, so that body would those
11:51
Speaker 8: bones would not be bleached. That tells me that more
11:54
Speaker 8: than likely the body was kept somewhere else and then
11:57
Speaker 8: placed there after it had become a skeleton.
12:00
Speaker 1: Dave Mac, could you tell me about the area where
12:04
Speaker 1: her remains were found? Her skeletal remains, Dave.
12:07
Speaker 6: Mac in a really remote area about forty miles south
12:13
Speaker 6: of where her home was, down off of the Highway
12:17
Speaker 6: seventeen down a dirt road off into a remote area
12:23
Speaker 6: that is actually referred to as the boneyard. To a degree,
12:28
Speaker 6: it's such a remote area that it wasn't someplace you
12:32
Speaker 6: would just arbitrarily think of getting rid of a body.
12:37
Speaker 6: It's something that was so remote and planned that it
12:41
Speaker 6: would have had to have been thought out in advance
12:43
Speaker 6: to figure out exactly where to place the remains so
12:46
Speaker 6: that they would be out where you wouldn't just trip
12:49
Speaker 6: over them on accident.
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Speaker 1: In the last hours, Barry Morphew, now accused formally in
12:54
Speaker 1: the murder of his wife Suzanne in court smiling, smiling
12:59
Speaker 1: why Joining me is a renowned criminal defense attorney and
13:04
Speaker 1: you can find him at his website DW Smith Legal
13:08
Speaker 1: dot com.
13:09
Speaker 2: Joining us is Derek Smith. Wow, that must have been
13:13
Speaker 2: a really smart mountain lion to drag her body after.
13:18
Speaker 1: It soared through the air and attacked her and yanked
13:23
Speaker 1: her off of her bike and then dragged her to
13:26
Speaker 1: the next county to a known disposal site call the boneyard.
13:33
Speaker 2: That's some mountain lion. Derek Yeah, he seems.
13:36
Speaker 10: To have a good lay of the land too. I
13:38
Speaker 10: guess if this boneyard is something.
13:40
Speaker 11: Of an area that has been used for this type
13:43
Speaker 11: of purpose before, how did he get its name? You know,
13:46
Speaker 11: it does seem a little a little questioning to me
13:49
Speaker 11: when you're talking about the body is decomposed and it
13:51
Speaker 11: has an outside agent on it, such as bleach or
13:55
Speaker 11: something that it doesn't seem like that's going to come
13:56
Speaker 11: from the animal kingdom.
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Speaker 10: It seems like some kind of being of higher intelligen
14:00
Speaker 10: was involved here.
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Speaker 11: It doesn't necessarily mean it was somebody close to her, though,
14:05
Speaker 11: it still could be a random act of violence in
14:08
Speaker 11: a way of getting rid of the evidence in a
14:10
Speaker 11: certain sensuation.
14:11
Speaker 2: Like this, Derek, do you know how remote their home was?
14:17
Speaker 2: Who's going to just drive by and see her? I
14:19
Speaker 2: mean I practically had to hike to get to it
14:21
Speaker 2: when I went out there looking.
14:23
Speaker 1: It's very remote, which in my mind reduces the likelihood
14:29
Speaker 1: of stranger on stranger.
14:31
Speaker 11: Well, yeah, of course, you definitely have a smaller population
14:34
Speaker 11: to go I guess and target if you're somebody looking
14:36
Speaker 11: to do this, but that also could be part of it.
14:38
Speaker 11: You want to go target somebody in a remote area
14:41
Speaker 11: because you have some kind of fascination for them. I've
14:43
Speaker 11: seen the pictures of this woman. She seemed she looked attractive.
14:47
Speaker 11: It could have been appealing to somebody just passing by
14:49
Speaker 11: or someone that shouldn't have been there in the first
14:50
Speaker 11: lay way, Well.
14:51
Speaker 2: It could have been what wait, what did you just say?
14:53
Speaker 2: She's attractive? So it could have been what it could.
14:55
Speaker 11: Have been just someone passing by and taking a look
14:57
Speaker 11: at her and saying, you know what, I'm going to
14:58
Speaker 11: take advantage of her being in a remote situation and
15:00
Speaker 11: nobody being around, and I'm going to go end up doctor.
15:02
Speaker 1: As oppose to her being really really ugly, I don't what,
15:08
Speaker 1: because she's pretty, uh, stranger someone said, Wow, she's a looker,
15:14
Speaker 1: let me kill her it.
15:15
Speaker 11: As to the likelihood that it could be somebody else dancing,
15:17
Speaker 11: that's that's kind of what I'm trying to say here.
15:19
Speaker 1: Okay, you know you're getting in trouble right now. You
15:20
Speaker 1: got a tiger by the tail. You can't hold on
15:22
Speaker 1: and you can't let go. So you're saying because she's attractive,
15:26
Speaker 1: that ups the ante and the likelihood that it was
15:29
Speaker 1: a stranger on stranger attack.
15:31
Speaker 2: Somebody drives by and goes, wow, she's pretty Let me
15:34
Speaker 2: kill her. Okay, you know what, Let's see what Derek
15:38
Speaker 2: Smith has to say about this.
15:41
Speaker 6: Investigators learned BAM was sold by only one company in
15:44
Speaker 6: the United States and could only be obtained by prescription
15:47
Speaker 6: from a veterinarian, Very Moore. Few filled several prescriptions for BAM. Ultimately,
15:52
Speaker 6: the prescription record show that when Suzanne Morphew disappeared, only
15:57
Speaker 6: one private citizen living in the entire state had access
16:00
Speaker 6: to BAM, Barry Morphew.
16:02
Speaker 2: Okay, did you hear that, Derek?
16:06
Speaker 1: Only one person and the whole state had beut orphenol BAM,
16:13
Speaker 1: b brother, a alpha M mother beutorphenol, and two others
16:20
Speaker 1: one person in the whole state at her remains were
16:24
Speaker 1: saturated with it. And lo and behold, Barry Morphew is
16:30
Speaker 1: the only person in the state.
16:35
Speaker 5: That hasn't.
16:36
Speaker 11: So is this something that can't be acquired by anybody
16:38
Speaker 11: else out of the state. I mean, think you'd be
16:40
Speaker 11: foolish enough to use something that he knows? Is this
16:42
Speaker 11: strictly regulated? You know, there's plenty of other states, other
16:47
Speaker 11: people that can have access to these things, and it
16:48
Speaker 11: seems like it's a pretty good agent to incapacitate a victim,
16:54
Speaker 11: So it seemed like you'd be a pretty good cocktail
16:56
Speaker 11: to use if you're going to target somebody.
16:58
Speaker 2: You know what, you really are amazing how you just
17:02
Speaker 2: you get damning evidence.
17:05
Speaker 1: You're like runpel stillsk and I don't know if you're
17:06
Speaker 1: familiar with that story. He gets straw, moldy, damn yucky
17:11
Speaker 1: straw that's been stored in a barn, gotten wet, and
17:14
Speaker 1: he spins it into gold. That's amazing what you just
17:17
Speaker 1: did there. But let's go to a veteran homicide detective
17:22
Speaker 1: joining us. Not a hired gun, no offense, Derek, but
17:26
Speaker 1: you are your higher gun. If you get paid enough money,
17:29
Speaker 1: you'll defend anything. And let me be clear, Derek Smith
17:33
Speaker 1: has one a lot of cases.
17:35
Speaker 2: Doing what he just did right in front of you.
17:38
Speaker 2: I threw a whole.
17:39
Speaker 1: Bell of wet, smelly hay at him and he spun
17:43
Speaker 1: it into gold. Joining me right now is Chris mcdonna.
17:46
Speaker 1: He is the director at the Cold Case Foundation, former
17:49
Speaker 1: homicide detective, around three hundred death investigations under his belt,
17:55
Speaker 1: and he's the star of the interview Room on YouTube.
17:58
Speaker 1: Chris mcdona, try to wipe everything that Derek.
18:03
Speaker 2: Smith just said out of your mind. Don't be brainwashed.
18:07
Speaker 1: Barrymorphy is the only person in the state that has
18:12
Speaker 1: a prescription which is really hard to get for bam
18:15
Speaker 1: main ingredient betworphen all, he's the only one. So if
18:20
Speaker 1: we follow Derek Smith, it sounded like a good argument
18:23
Speaker 1: to start with that it was stranger and stranger, and
18:25
Speaker 1: then he threw in, well, it's because she's attractive that
18:29
Speaker 1: this stranger happens to be driving through and it's a
18:35
Speaker 1: very small and remote area, very small and remote happens
18:41
Speaker 1: to be there.
18:41
Speaker 2: Why I don't know, maybe a traveling salesperson. Why don't
18:44
Speaker 2: we throw that in?
18:45
Speaker 1: They see Susanne Morphew attack her and kill her and
18:51
Speaker 1: drag her to a place only known to locals as
18:54
Speaker 1: the boneyard. And then, amazingly, this unknown assailant has beut
19:01
Speaker 1: orphanal b m A, which is only prescribed by Vince
19:06
Speaker 1: and the only other person in the whole state that
19:08
Speaker 1: has it as her husband, Barry Moore.
19:10
Speaker 2: For you quite the co inkyding, right, yeah, absolutely, I
19:14
Speaker 2: mean what a coincidence?
19:16
Speaker 9: Right, And let's add into this mix the fact that
19:22
Speaker 9: he used to use.
19:23
Speaker 12: BAM in Indiana when he would hunt deer, deer and animals,
19:29
Speaker 12: and he would use that to incapacitate them to take
19:33
Speaker 12: their antlers because he knew it wouldn't kill them. But however,
19:38
Speaker 12: in this situation, Suzanne is found in a gravesite, possibly move.
19:46
Speaker 9: The indictment is given us indication that she was moved.
19:50
Speaker 12: So now going back to that argument of a stranger, well,
19:54
Speaker 12: the guy must have picked her up, you know, did
19:56
Speaker 12: whatever he needed to do, bury her somewhere, come back,
20:00
Speaker 12: dig her back up, and move her back down to
20:03
Speaker 12: the location she was ultimately dunked.
20:05
Speaker 9: It not happening.
20:13
Speaker 2: Crime stories with Nancy Grace.
20:18
Speaker 1: You know, what did you make of it, Chris McDonough,
20:21
Speaker 1: Because I was just it was like a kick in
20:25
Speaker 1: the stomach. I was stunned when the first indictment was
20:30
Speaker 1: thrown out based on alleged prosecutorial misconduct. And I'm going
20:35
Speaker 1: to go to Dave Mack in a moment for him
20:37
Speaker 1: to explain why that first indictment was thrown out. And
20:42
Speaker 1: Barry Morphew, as I recall, and I'm going to go
20:44
Speaker 1: to Dave on this too, sued people that suggested that
20:49
Speaker 1: he was guilty after that indictment got thrown out. When
20:55
Speaker 1: that indictment was thrown out, many people believe Chris McDonough
21:00
Speaker 1: the case would never be revived again.
21:03
Speaker 2: That was the death knell for the case.
21:07
Speaker 1: But somehow through meticulous investigation, and I am talking about meticulous.
21:13
Speaker 2: Can you imagine how many man.
21:15
Speaker 1: Hours it took to determine who, if anyone in the
21:20
Speaker 1: entire state had a prescription for bam be trophan.
21:25
Speaker 2: All that must have taken hundreds and hundreds.
21:29
Speaker 1: Of man hours to figure that out, and to go
21:32
Speaker 1: all the way back to his home state of Indiana
21:36
Speaker 1: to find out that he had a prescription for it
21:37
Speaker 1: there through a vet to shoot deer and get their antlers.
21:42
Speaker 2: I guess is why he says he had it. I mean,
21:46
Speaker 2: that's very damning evidence. Christmas Dinnah totally a great nancy.
21:50
Speaker 12: And in fact, you know, there's a saying in homicide,
21:54
Speaker 12: our day begins when your day ends.
21:56
Speaker 9: And they never gave up.
21:58
Speaker 12: And even though they're was a curveball thrown with the
22:02
Speaker 12: situation there with the District Attorney's office, they were pressing forward.
22:07
Speaker 12: And when the body was found, all this other evidence
22:10
Speaker 12: now presented itself and they could take a different direction.
22:13
Speaker 1: I want you to hear about how Suzanne's remains were
22:18
Speaker 1: saturated with BAM.
22:21
Speaker 6: Listen the El Paso County Corners. Testing found Suzanne's bone
22:24
Speaker 6: marrow contained all three of the individual chemicals that comprise BAM.
22:29
Speaker 6: BAM did not contaminate the body after death. Suzanne's body
22:33
Speaker 6: had begun to metabolize the drug before she died. The
22:36
Speaker 6: coroner's ruling homicide by unspecified means in the setting of
22:40
Speaker 6: beutrophenol a, zapparone and metatomidine intoxication.
22:45
Speaker 1: Bob Sale Barry Moorephew back in court on new formal
22:49
Speaker 1: charges he murdered his wife Suzanne. Does anybody remember the
22:53
Speaker 1: name Jody Arius. I'm afraid I actually say that loud.
22:58
Speaker 1: It might conjure her up to doctor Bethany Marshall, remember,
23:02
Speaker 1: Jody Arius murdered her lover, Travis Alexander after an all
23:06
Speaker 1: day sex marathon.
23:07
Speaker 2: She murdered him when after all the sex and the
23:11
Speaker 2: photos of the sex, and the blaw.
23:13
Speaker 1: And the blaw, he went, yeah, I'm not canceling that
23:17
Speaker 1: date where I'm taking the other woman, my date to
23:20
Speaker 1: ken kuon She wanted him.
23:21
Speaker 2: To call off that date.
23:22
Speaker 1: They were broken up, by the way, so we asked
23:24
Speaker 1: another lady to go on this trip. And Arius drives
23:29
Speaker 1: across the state with gas cans full of gas in
23:32
Speaker 1: her car so she doesn't have to stop and leave
23:34
Speaker 1: a trail at a gas station, gets there, has a
23:37
Speaker 1: sex marathon, and it didn't change his mind, so she
23:41
Speaker 1: killed him.
23:42
Speaker 2: I think it was twenty eight or nine stab wounds.
23:46
Speaker 1: There was an argument about that because some of the
23:48
Speaker 1: stab wounds were overlapping in his shower, left him to decompose,
23:52
Speaker 1: and then for good measure, shot him in the head
23:55
Speaker 1: over that. But then she went so far as to
23:59
Speaker 1: leeve her digital.
24:01
Speaker 2: Camera in the home, right. I think she washed it
24:05
Speaker 2: in the washer.
24:07
Speaker 1: And it was found in the washer, her digital camera
24:12
Speaker 1: where she was trying to get rid of evidence.
24:13
Speaker 2: And oh, there you go.
24:15
Speaker 1: That's one of my favorite photos ever in life. There's
24:19
Speaker 1: the digitcam. We had to go back and dig around.
24:23
Speaker 1: Oh wait a minute, is that the picture off her foot.
24:27
Speaker 1: There's actually a picture off her foot, her pants at
24:31
Speaker 1: the murder scene. She takes an unintentional selfie at the
24:36
Speaker 1: murder scene, but the digitcam is found in the washer.
24:40
Speaker 1: Do you remember that Dr Bethany.
24:42
Speaker 2: Now see I remember that story so clearly.
24:45
Speaker 7: Driving all the way to visit the victim, didn't she
24:50
Speaker 7: use gas cans instead of pumping gas at a gas station.
24:54
Speaker 7: At one point she was stalking him, and she like
24:57
Speaker 7: hid behind a Christmas tree. What I think is so
25:01
Speaker 7: interesting in these two cases is that rejection, or the
25:05
Speaker 7: perception of rejection, is often at the core of domestic homicide. Now,
25:10
Speaker 7: in the case of Jody Arius, she did not she
25:14
Speaker 7: did not prepare a dump site. Right the dump site
25:18
Speaker 7: was the shower and she thought nobody would ever figure
25:20
Speaker 7: it out. Now, in this case with Susanne Warfew, somebody
25:24
Speaker 7: prepared a dump site. They took her body, bleached her bones.
25:29
Speaker 7: There's a bam, you know in the bone marrow, meaning
25:33
Speaker 7: that it was metabolized before her death, and the later
25:37
Speaker 7: on her body is moved to the bone yards. So
25:41
Speaker 7: to me, that so much speaks. Although with Jody Arias
25:45
Speaker 7: I also think it was premeditated, but especially in this case,
25:49
Speaker 7: somebody premeditated this. I mean, where do you put a
25:54
Speaker 7: body for months before you secrete it somewhere else? Freezer,
26:01
Speaker 7: I don't know, in your backyard. This body was somewhere
26:05
Speaker 7: being preserved before it was dumped again. It tells me
26:09
Speaker 7: just how much time and attention and detail went into
26:13
Speaker 7: the commission of the crime.
26:15
Speaker 1: You know, doctor Bethany, I did not want to interrupt
26:17
Speaker 1: you because I learned so much every time you go
26:20
Speaker 1: on a roll.
26:21
Speaker 2: But I want you to hear this. This is where
26:23
Speaker 2: I was going. Sadly, I meandered.
26:26
Speaker 1: But remember we were talking about Jody Arius leaving the
26:29
Speaker 1: digital camera with incriminating photos on the digital camera, and
26:33
Speaker 1: they had to I guess they put it in a
26:34
Speaker 1: bag of rice because somehow they saved what was on
26:37
Speaker 1: the digital Okay, I hope you're sitting down.
26:40
Speaker 2: You may need to lay down for this listen.
26:42
Speaker 6: Officers find a locked gun safe in the Morpheus garage.
26:45
Speaker 6: Inside that gun safe, they find a Dart rifle or
26:48
Speaker 6: tranquilizer rifle and packages of new Dart brand tranquilizer darts.
26:53
Speaker 6: The packages include cap type of derming needles designed to
26:56
Speaker 6: load the darts. Law enforcement also finds one of these
26:59
Speaker 6: needles caps in the dryer among men's shorts. No tranquilizer
27:04
Speaker 6: formula was found. It was in his dryer, in his underwear.
27:09
Speaker 6: How appropro in his underwear in the dryer. It's just
27:16
Speaker 6: like Jody Arius is Jody arias. I mean, he leaves
27:22
Speaker 6: the tranquilizer needle cap in the dryer and they can't.
27:29
Speaker 1: Find the liquid because it's obviously and Susanne Morphus body
27:36
Speaker 1: is gone. It's gone, I mean in the dryer.
27:39
Speaker 2: What an idiot. I'm so happy.
27:41
Speaker 7: Okay, So this is randomble with Jody Arius and Barry
27:45
Speaker 7: more Fuse. I woul could have guessed that this was
27:47
Speaker 7: the first time they ever stripped the sheets and put
27:50
Speaker 7: them in the washing machine because they you know how
27:53
Speaker 7: you like check the pockets to make sure there's no Kleenex,
27:56
Speaker 7: or you make sure that their socks are not in
27:58
Speaker 7: the sheets. Stuff the sheets in camera, dark gun whatever,
28:04
Speaker 7: dark gun cap and all, which I think is hilarious.
28:06
Speaker 7: It says something about well, homicit's not hilarious, but it
28:09
Speaker 7: does say something about the domestic routine they were in
28:13
Speaker 7: with their partners, where the partners maybe did everything and
28:16
Speaker 7: at this point they were just very hasty and didn't
28:19
Speaker 7: think about what they were doing.
28:20
Speaker 1: Now, Jackie here in the studio wants me to point out,
28:22
Speaker 1: according to her, the needle cap was found in the
28:27
Speaker 1: men's men's shorts not underwear. Okay, how that makes a
28:32
Speaker 1: legal difference, I don't know, but they're so noted. So
28:35
Speaker 1: you know, now to Chris McDonough, we have him, not
28:40
Speaker 1: just the only person in the whole state according to
28:44
Speaker 1: the records that has bam beutrphenal, but the needle cap
28:51
Speaker 1: is in his shorts, in his dryer at the time
28:57
Speaker 1: the home is searched. When she goes, miss I mean,
29:01
Speaker 1: I want to scream idiot. Okay, I will's idiot, But
29:07
Speaker 1: I mean the evidence is damning. Just yes, what do
29:11
Speaker 1: you make of it? And you know another thing I
29:13
Speaker 1: haven't even gotten into this yet is the activity of
29:17
Speaker 1: the phone. I mean, it's Coburger all over again, your
29:21
Speaker 1: specialty Coburger who turns his phone off as he, according
29:27
Speaker 1: to the state, leaves the murder scene and travels home
29:32
Speaker 1: and then turns it back on. Here Barry Morphew did
29:36
Speaker 1: something very similar. And let me just state he is innocent.
29:40
Speaker 1: He is innocent until he has proven guilty in a
29:44
Speaker 1: court of law. But I mean, do people never learn.
29:48
Speaker 1: I hate to give criminals any tests, but leave your.
29:50
Speaker 2: Phone at home just this one time?
29:52
Speaker 9: Yeah you know, yeah, I mean it's job security unfortunately.
29:57
Speaker 9: But let's take this cap for moment.
30:01
Speaker 12: If he's the only guy in the state of Colorado
30:05
Speaker 12: that has access to this chemical, that cap is going
30:08
Speaker 12: to be a high wall that the.
30:10
Speaker 9: Defense is going to have to jump over. And then
30:13
Speaker 9: let's take the fact that she has a cancer report
30:16
Speaker 9: on her body.
30:18
Speaker 12: Imagine this for a moment, Nancy, if he injected her,
30:23
Speaker 12: he shoots her with a dart, and now he has
30:25
Speaker 12: access to even more of this chemical. And I'll let
30:28
Speaker 12: doctor Kine talk about that a little bit deeper.
30:31
Speaker 9: The fact that they found it so.
30:34
Speaker 12: Ingrained into her bone marrow, did he inject it and
30:39
Speaker 12: froze her in time? That's going to be a question.
30:44
Speaker 12: I think a lot of people are going to be asking.
30:46
Speaker 9: And if in fact he.
30:47
Speaker 12: Did that, Remember he tells the authorities one of his
30:51
Speaker 12: first statements is, well, we made love all night, really in.
30:55
Speaker 2: The last hours.
30:56
Speaker 1: Alleged killer Barry Morphew in Smiling for the Crowd Crime
31:09
Speaker 1: Stories with Nancy Grace. Okay, Dave matt let me ask
31:16
Speaker 1: you a couple of things. Number One, why was the
31:19
Speaker 1: States case thrown out on alleged prosecutorial misconduct? I want
31:24
Speaker 1: to hear that and then I want to talk to
31:27
Speaker 1: you about what the cell phone activity and movements reveal.
31:33
Speaker 1: But first the alleged prosecutorial misconduct.
31:37
Speaker 2: What was it all right?
31:38
Speaker 6: Well, Nancy, One week before the initial first green murder
31:44
Speaker 6: in Suzanne's death was said to hit court, they dropped
31:50
Speaker 6: the charges without prejudice so it can be brought again later.
31:53
Speaker 6: And the reason for that was they believed they had
31:57
Speaker 6: zeroed in on where her remains would be, but due
32:01
Speaker 6: to weather conditions at that time, they could not get
32:04
Speaker 6: to the area where they believed they would find her body.
32:08
Speaker 6: So they rather than moving forward with a no body trial,
32:15
Speaker 6: they felt it wiser to move forward to wait until
32:18
Speaker 6: they could actually find the remains. That coupled with the
32:22
Speaker 6: fact that the original prosecutor was a woman named Linda Stanley. Now,
32:27
Speaker 6: she was not removed from the case because specifically of
32:31
Speaker 6: the very more Few investigation, but there were plenty of
32:37
Speaker 6: problems with Linda Stanley that led to her being taken
32:41
Speaker 6: off the case and later disbarred for a series of
32:45
Speaker 6: ethical violations and misconduct related to her handling of the
32:50
Speaker 6: more Few case, among others. So there was a number.
32:54
Speaker 6: If you want me to go into him, there was
32:56
Speaker 6: an adequate supervision of the case with those investigator. They
33:01
Speaker 6: were saying that Linda Stanley issued extra judicial statements that
33:05
Speaker 6: she made publicly multiple times that were inappropriate, made to
33:10
Speaker 6: the media about the murder case and potentially prejudicing future jurors.
33:16
Speaker 6: She claimed that she launched a baseless investigation into the
33:22
Speaker 6: district judge presiding over the case without any credible evidence whatsoever,
33:28
Speaker 6: and her office then allegedly caused numerous discovery violations as well.
33:34
Speaker 6: Double that with abusive power.
33:37
Speaker 1: Hold on, Dave Matt You can't just throw out discovery violations.
33:42
Speaker 1: I asked you specifically, what was the alleged prosecutorial misconduct? Now,
33:46
Speaker 1: from what I understand, correct me if I'm wrong, is
33:49
Speaker 1: that she, Linda Stanley, the former district attorney, was sanctioned
33:55
Speaker 1: from missing deadlines.
33:57
Speaker 2: Let me get Derek Smith in on this.
33:59
Speaker 1: Derek Smith a veteran defense attorney, Okay, the one I
34:02
Speaker 1: accused of being ropel steel skin a little a few
34:04
Speaker 1: moments ago. I remember many many, many nights more than
34:08
Speaker 1: I can count, at the District Attorney's office after midnight
34:12
Speaker 1: on Friday nights because the trial was going to start
34:16
Speaker 1: ten days later on a Monday, right counting out, and
34:21
Speaker 1: that discovery had to be postmarked ten days before trial.
34:26
Speaker 2: I would normally send it out far ahead of that,
34:28
Speaker 2: but if I had.
34:29
Speaker 1: Other things I had discovered, I'd be at the Xerox machine, which,
34:33
Speaker 1: of course, around ten thirty would break down and I'd
34:36
Speaker 1: be fighting with this massive Xerox machine trying to copy
34:40
Speaker 1: the discovery and raise to the Atlanta Airport where I
34:44
Speaker 1: could still get something timestamped before midnight.
34:49
Speaker 2: Good times.
34:50
Speaker 1: The point is you have to give the other side
34:54
Speaker 1: their discovery at a certain deadline, and if you don't,
34:58
Speaker 1: Derek Smith, you can't bring that evidence into trial, period.
35:03
Speaker 11: Absolutely not. I mean it's the part of a trial
35:06
Speaker 11: that it gets really complex, especially when new evidence is
35:09
Speaker 11: discovered during the trial and things of that nature during
35:12
Speaker 11: the proceedings are going on. You have to give the
35:15
Speaker 11: other side, especially if there's exculpatory evidence. I mean there's
35:18
Speaker 11: local rules that codify all that as well a chance
35:21
Speaker 11: to review what you just found out.
35:24
Speaker 10: You have to be open with discovery. That's just number one.
35:27
Speaker 10: In these cases.
35:28
Speaker 11: You cannot hide the ball and show up at trial
35:30
Speaker 11: and say, hey, look here's some evidence I'm going to
35:32
Speaker 11: present the judge won't allow it, and you can also
35:34
Speaker 11: risk a mistrial.
35:35
Speaker 10: Nobody wants a mistrial.
35:36
Speaker 2: Yeah, it's not worth it.
35:37
Speaker 1: You got to follow the rules because if you don't,
35:40
Speaker 1: a it's going to get found out. Okay, it's an
35:44
Speaker 1: ethical violation.
35:45
Speaker 2: Who wants that.
35:46
Speaker 1: I don't want an ethical violation. And then when it's
35:50
Speaker 1: found out, your case gets reversed. And the problem with
35:53
Speaker 1: a case getting reversed because of an ethical violation or
35:57
Speaker 1: misconduct is it can very well be re versed with prejudice,
36:02
Speaker 1: which means you can't try it again. That was your
36:05
Speaker 1: one shot. I mean people get reversals all the time.
36:09
Speaker 1: The judge can have a slip of the tie and
36:11
Speaker 1: giving a jury instruction. There can be a million things
36:15
Speaker 1: that on appeal, the appellate courtse says, huh uh, and
36:19
Speaker 1: it's reversed and you have to retry it. But if
36:21
Speaker 1: it's reversed with prejudice, the person is acquitted, and you
36:27
Speaker 1: don't want that now. Dave mac also, you know, I
36:31
Speaker 1: just heard Derek Smith, and he's right. If there's any
36:34
Speaker 1: Brady material. Bradyv. Maryland is the United States Court case
36:38
Speaker 1: went to the Supremes when the State did not hand
36:40
Speaker 1: over some let me just say exculpatory didn't I don't
36:46
Speaker 1: think exonerated the defendant, but it was exculpatory. It tended
36:50
Speaker 1: to suggest the defendant was not guilty, and they didn't
36:53
Speaker 1: hand it over. Was there a Brady violation in this
36:57
Speaker 1: case or not, Dave Mac? Was there evidence about an
37:01
Speaker 1: unknown male's DNA in Suzanne's suv?
37:08
Speaker 6: DNA from an unknown male found in Suzanne Morphy's a SUV.
37:11
Speaker 6: That was the discovery violations, the biggest one.
37:14
Speaker 2: Okay, So that's a big one. And you know, Derek Smith,
37:18
Speaker 2: what finally.
37:18
Speaker 1: Happened was the state, as Dave Mac just accurately reported,
37:24
Speaker 1: withdrew the case.
37:27
Speaker 2: And they did that in the hopes of not getting
37:30
Speaker 2: thrown out of court with prejudice.
37:32
Speaker 1: And by withdrawing that case on their own, they had
37:36
Speaker 1: the opportunity to rebring it because there is no statute
37:40
Speaker 1: of limitations on murder.
37:42
Speaker 2: Okay, do you agree with at least that much, Derek absolutely?
37:47
Speaker 1: Does anybody remember the name Alex Murdock Mayhee rotten Hill,
37:52
Speaker 1: convicted in the double murders of his wife Maggie and
37:55
Speaker 1: son Paul. Well, guess what bit him in the rear
37:58
Speaker 1: end a trial is gas guzzling, massive honking suv because
38:04
Speaker 1: guess what it had a state of the art nav
38:07
Speaker 1: system listen.
38:09
Speaker 6: Analysis of Barry Morphu's electronic devices, including the infotainment system
38:13
Speaker 6: in his truck and cell phone, showed Morphew returned home
38:16
Speaker 6: at two forty three PM on Saturday, May ninth, twenty twenty,
38:19
Speaker 6: and according to the data, his phone or truck never
38:22
Speaker 6: left the residence again until the next morning, Sunday he
38:25
Speaker 6: left for Broomfield, Colorado. The data also shows Morpheus phone
38:30
Speaker 6: turned off for most of this timeframe. It was turned
38:33
Speaker 6: on for a while in the late evening. Barry Morphew's
38:35
Speaker 6: cell phone was again turned off at four thirty two
38:38
Speaker 6: am and wasn't turned on again until five point thirty
38:41
Speaker 6: seven am, when location information showed him on the road
38:44
Speaker 6: already in the area of Johnson Village, Colorado.
38:47
Speaker 1: The suv infotainment system is biding Morphew in the rear end.
38:53
Speaker 2: Explain Dave Matt what does this mean?
38:55
Speaker 1: Because in the Murdock case, what it meant was you
39:00
Speaker 1: could tell exactly when Alex MURDERA left the scene of
39:03
Speaker 1: the double murder. You could tell when he let his
39:05
Speaker 1: window down on the passenger side of the car to
39:08
Speaker 1: throw out Maggie's cell phone which was found in that
39:10
Speaker 1: location on the side of the road when he accelerated,
39:13
Speaker 1: when he let the window up, when he put the
39:15
Speaker 1: car in park drive reverse. You name it as he
39:18
Speaker 1: hit out at his mother's house to create an alibi.
39:22
Speaker 1: That was a tactic trial with the navigation system evidence
39:26
Speaker 1: from the SUV who to funk it right, Dave mc
39:30
Speaker 1: same thing here. What does the now system show about
39:33
Speaker 1: more few.
39:34
Speaker 6: It's actually it is showing that during significant periods of
39:38
Speaker 6: time related to this case on May ninth and May tenth,
39:43
Speaker 6: that his phone was just arbitrarily turned off at odd
39:47
Speaker 6: times and inconsistent with previous behavior that they were able
39:50
Speaker 6: to download. It was turned off like at two forty
39:54
Speaker 6: seven pm, right after he got home, right after he
39:57
Speaker 6: sees her in the backyard on her phone. He gets home,
40:00
Speaker 6: turns his phone off. His phone stays off until ten
40:04
Speaker 6: fifteen pm that night. It gets turned back off at
40:10
Speaker 6: four thirty two am, So to be clear, he gets home,
40:14
Speaker 6: turns his phone off about bedtime ten fifteenth, he turns
40:18
Speaker 6: it back on, turns it back off when he gets
40:21
Speaker 6: up at four thirty two am May tenth, and the
40:25
Speaker 6: phone is turned back on at five thirty seven am
40:28
Speaker 6: May tent and it shows his location as if he
40:32
Speaker 6: was driving in the area of Johnson Village, Colorado. So
40:36
Speaker 6: it's documenting where he is and how he's trying to
40:41
Speaker 6: disguise himself. He's trying to use some form of masking
40:45
Speaker 6: to prevent them from knowing where he is and what
40:47
Speaker 6: he's doing at those given times.
40:49
Speaker 1: And Mason want to just scream out Brian Coberger because
40:52
Speaker 1: again on the way home, according to the State from
40:56
Speaker 1: the murder scene, he turns a cell phone off, only
40:59
Speaker 1: to turn it back when he gets home to his
41:01
Speaker 1: Pullman apartment. And you know, Chris mcdunne joining me, director
41:04
Speaker 1: of the Cold Case Foundation and star of the Interview
41:07
Speaker 1: Room on YouTube from a homicide detective, that again must
41:12
Speaker 1: have been an incredibly brilliant mountain lion because it I
41:15
Speaker 1: guess it ates is Anne Morphy's cell phone, because that's
41:18
Speaker 1: never been found.
41:20
Speaker 12: Yeah, I mean, and to think that that pattern of
41:24
Speaker 12: life would also be consistent with that mountain lion as well. Nancy,
41:28
Speaker 12: you know, more than anybody on this panel, as a
41:32
Speaker 12: former prosecutor, the one thing that law enforcement wants to
41:35
Speaker 12: present at all times is everything and in this.
41:40
Speaker 9: Situation, Barry has a very uphill battle with.
41:44
Speaker 12: The circumstantial case it's building and that digital footprint could
41:49
Speaker 12: be potentially very dangerous for him.
41:51
Speaker 1: We wait as justice unfolds again and a bombshell development
41:59
Speaker 1: in the Marry Morpheu prosecution. Morphew charged again indicted in
42:06
Speaker 1: the murder of wife Suzanne, five years after she goes
42:11
Speaker 1: missing on a Mother's day by ride all alone.