May 09, 14:11 – Suzanne sends last LinkedIn message to Libler: “I’m on wa.”
14:11 pm – Suzanne sends last LinkedIn message to JL: “I’m on wa.”
1. From LinkedIn, Jeffery Scott Libler DOB: February 18, 1970 Residence: Howell, MI AA: (Suzanne’s Affair – Jeff Libler) Upon the recovery of Suzanne’s spy pen, SA Grusing and SA Kenneth Harris began prioritizing anyone named “Jeff’ in Suzanne’s social media, phone records or other accounts. On the pen, Suzanne spoke to an unknown male named “Jeff’ while she was in Florida as… and Per his own admission, Barry Morphew was running around his house with a loaded .22 rifle when Suzanne ceased all communication with everyone she loved in the world…. sent 59 communications to each other on Saturday, May 9th, with the last outgoing from Suzanne occurring at 2:11 PM, when she messaged, “I’m on wa.” Libler sent response messages at 2:39PM, 2:46PM and 2:47PM that Suzanne did not answer. He also sent messages on May 10th and May 11th that were not answered.
Libler confirmed that Suzanne’s message at 2:11 PM, “I’m on wa,” referred to her starting WhatsApp so they could share video with each other. From referencing the LinkedIn messages before and after, Libler does not believe they used WhatsApp that time or later that day.
Q Lindsey: Let’s talk about the message at 2:04:41, 14:04:41.
A Harris: Yes. So at 2:04 — I don’t have the seconds on the version I have, but at 2:04 Jeffery Scott Libler DOB: February 18, 1970 Residence: Howell, MI AA: (Suzanne’s Affair – Jeff Libler) Upon the recovery of Suzanne’s spy pen, SA Grusing and SA Kenneth Harris began prioritizing anyone named “Jeff’ in Suzanne’s social media, phone records or other accounts. On the pen, Suzanne spoke to an unknown male named “Jeff’ while she was in Florida as… sends something to Suzanne saying, “How did you get alone?”
THE COURT: I’m sorry, said what?
THE WITNESS: “How did you get alone?”
THE COURT: Alone?
THE WITNESS: Uh-huh.
BY MR. LINDSEY:
Q Lindsey: What is the context of that, according to Mr. Libler?
A Harris: That Barry had left.
Q Lindsey: And does Suzanne respond.
A Harris: Yes, at 2:04 as well. Again, I don’t have the seconds in front of me, Suzanne responds to Jeff, “He’s always gone somewhere. It never stops.”
MS. EYTAN: Judge, I just don’t know if there — the LinkedIn messages that he’s — that the witness is describing, did he talk to the witness about the LinkedIn messages? I missed that part.
THE COURT: So the answer he just gave I assume is straight from the message.
THE WITNESS: It is.
THE COURT: And the second question was you were asked earlier what did Mr. Libler mean when he said “how did you get alone” and you answered, did you discuss these messages with Mr. Libler?
THE WITNESS: We did.
THE COURT: Okay.
BY MR. LINDSEY:
Q Lindsey: Does she continue on into 2:05 all the way to the end of 2:05, Agent Harris?
A Harris: Yeah she responds —
Q Lindsey: And again, just so we’re clear you’re reading the messages that law enforcement obtained through your LinkedIn search warrant.
A Harris: Yes.
Q Lindsey: Okay.
A Harris: Yeah, at 2:05 after he’s always gone somewhere she says, “Fine with me.”
Q Lindsey: Keep going please.
A Harris: I’m sorry. Then at 2:11 Suzanne —
Q Lindsey: Wait a minute, do you have a message of 2:05?
A Harris: I do not. Not in the list that I have. I have, “Fine with me,” at 2:05. I don’t have all of the LinkedIn messages in front of me.
Q Lindsey: Do you recall whether she texted or LinkedIn messaged him “Thank you, babe,” at 2:05. 2:05:13?
A Harris: Off the top of my head, I do not.
MR. LINDSEY: May I approach the witness.
THE COURT: Yes.
Q Lindsey: The question was the string of LinkedIn messages at 2:05, 2:04 into 2:05.
A Harris: Yes. Yeah, there’s a couple more, “Fine with me,” at 14:05:01, “Thank you, babe,” at 14:05:13. “I’m just in love with you,” at 14:05:20.
THE COURT: Can you — I don’t know who these texts are coming from and going to.
THE WITNESS: These are all from Suzanne to Jeff.
THE COURT: Okay, you said there was one that said, “Thank you, babe,” and then the next one —
THE WITNESS: Yes, sorry. “I’m just in love with you.” That one is at 14:05:20. Then one last one that’s in the 14:05:46 is “Whatcha up to?”
BY MR. LINDSEY:
Q Lindsey: I’m sorry, you talked a little bit down into the —
A Harris: Sorry.
Q Lindsey: I didn’t hear what you said that last one was.
A Harris: “Whatcha up to?” is at 14:05:46. Whatcha is spelled w-h-a-t-c-h-a.
Q Lindsey: Okay. Is there more messages in between Suzanne and Mr. Libler in that afternoon?
A Harris: Yes, Jeff responds at 14:06:03.
Q Lindsey: Okay, what’s his response?
A Harris: That he was — I don’t know if this is a quote — that he was cleaning up outside and that his wife just went to Costco and his daughter went running. He — that’s supposed to be a summary. He then asked, “Want to strip down and get naked? LOL??”
Q Lindsey: And that’s a message from Mr. Libler —
A Harris: From Jeff to Suzanne —
Q Lindsey: — to Suzanne —
A Harris: — at 14:06:03.
Q Lindsey: Communication continue on?
A Harris: It does Suzanne responds, “Oh man!!”, with two exclamation points at 14:07:30. And then Suzanne responds again “Can you talk??”, with two question marks at 14:07:38. Then Suzanne has two more responses “Or video?”, at 14:07:44. Then she says “I can load up WA!”, at 14:08:02.
Q Lindsey: And what do you understand WA to mean from your investigation in this case?
A Harris: The application WhatsApp.
Q Lindsey: What time was that message on LinkedIn?
A Harris: 14:08:02.
Q Lindsey: Okay. Are there any more messages from Suzanne —
A Harris: Yes.
Q Lindsey: — to Mr. Libler, or vice versa?
A Harris: Yes. Jeff responds — I don’t have the specific time for this but he’s got to check on his kids and see whether he’s able to. Then Suzanne responds with just the word written out, “Okay!”, o-k-a-y at 14:11:21. Then Suzanne also responds, “I’m on WA,” at 14:11:25.