Barry Morphew's murder trial is dismissed after cops find her body
The murder charges against Colorado father Barry Morphew for killing his wife Suzanne have been dropped – for the time being.
Suzanne vanished on Mother’s Day 2020 after going on a bike ride. Barry was arrested but he has always denied having any role in her killing. He was due to stand trial for his wife’s murder, without her body ever being found.
But on Tuesday, prosecutors announced they had found what they believe to be Suzanne’s body – a discovery that throws the entire case into uncertainty.
In a motion to dismiss the case on Tuesday, prosecutors admitted they couldn’t be sure that forensic testing would confirm that Barry was the killer – or if someone else’s DNA would be found.
They said they would not be able to perform all the tests they need before the trial start date of April 28 because the body is buried under 5ft of snow and is hard to reach.
Because of that, they have no choice but to dismiss the case against Morphew.
He left court holding hands with his daughters, whose support he has always enjoyed. Speaking afterwards, his attorney declared it a victory.
The District Attorney filed a motion in court to dismiss the case on Tuesday morning. He is shown with his two daughters today
Barry and Suzanne Morphew are pictured with their two adult daughters. Suzanne vanished in May 2020
In the motion, obtained by DailyMail.com, Chaffee County DA Linda Stanley said police would not be able to exhume the body in time for April 28.
She also noted that forensic evidence discovered on Suzanne’s remains could show that her killer was someone other than Morphew – or could incriminate him further.
Morphew has always denied having any role in his wife’s disappearance or death
Stanley also said that the remains, if they are discovered in the area police have pinpointed, will require testing to ensure they are those of Suzanne and not someone else.
Despite defense objections, Judge Ramsay Lama agreed to drop the case without prejudice – meaning the charges could be refiled against Morphew at a later date.
Although she failed to get the charges dropped with prejudice, Morphew’s lawyer Iris Eytan was seen celebrating outside court, telling reporters: ‘Barry and his daughters are relieved but they want to know where Suzanne is.
‘Barry Morphew loves Suzanne Morphew. He loves her and misses her and wants to know where she is.’
Suzanne, a mother-of-two, was reported missing when daughters Mallory and Macy were unable to get hold of her on Mother’s Day 2020.
Although Morphew was arrested and charged with murder a year after she vanished, her body has never been found.
Police say they have now pinpointed a location in a ‘remote, mountainous area’ not far from the former Morphew home in Maysville, Colorado.
The spot could be close to the remote Garfield Mine which was mentioned in prosecution arguments during a pre-trial hearing in September 2021.
According to the prosecution, data from Morphew’s truck shows a 15-minute gap between the time he left home at 5am on the morning of May 10 and the vehicle’s appearance on a gas station camera in Poncha Springs at 5.14am.
The journey typically takes less than five minutes.
In a police interview, Morphew admitted that he had taken a detour close to the abandoned lead mine after allegedly seeing some elk.
But police say they believe he was doing something else at the remote site which sits among mountains 10,289ft above sea level.
Morphew is currently living in a home in the same area, renting a property just meters away from the house he shared with Suzanne.
During previous hearings, the court heard how the Morphew’s happy marriage was a sham, with Suzanne enjoying a two-year fling with married dad-of-six Jeff Libler while Morphew was signed up to extramarital dating website Ashley Madison.
Suzanne’s passionate affair included overnight trips to Florida and New Orleans and she regularly sent the married dad racy photos – including her final photo which showed her posing in a bikini top the day before she was reported missing.
Prosecutors say that while Morphew was desperate to save his marriage, Suzanne was equally determined to leave – a motive, they claim, for murder.
Police said Morphew was seen with multiple cuts and scratches on his arms and hands in the days after Suzanne vanished, while an empty tranquilizer dart was found in the laundry room.
Last year, DailyMail.com revealed how Morphew had left a hotel room in Broomfield, Colorado, stinking of chlorine on the day Suzanne was reported missing.
Since being released from jail in September, Morphew has spent much of his time with new girlfriend Shoshona Darke, 51 – and was pictured exclusively by DailyMail.com with the mom-of-one in October.
According to Morphew’s arrest affidavit, cops were first tipped off about his new squeeze in December 2020 but were unable to catch them together so mounted a camera on a telegraph pole outside her home.
In early February, DailyMail.com witnessed Morphew visit the property on consecutive nights – staying until the following morning – but was unable to verify the identity of the occupant or their relationship with Morphew.
Police were later able to obtain security footage from Antler’s Hotel in Colorado Springs taken on Valentine’s Day which showed the pair checking in together.
Darke has refused to speak about her relationship with Morphew, despite being repeatedly approached by DailyMail.com, and maintained a low profile during his stay in jail.
She also denied being in a relationship with him when confronted by the cops but later admitted to meeting him in October 2020.
ncG1vNJzZmhqZGy7psPSmqmorZ6Zwamx1qippZxemLyue82erqxnkpa%2Fs8WMpqarqJiaxLR5zK6pnZ2iYsGztcClZKKrXZm2tLnIrKqenF2Ws7Wx0WaaqKijYrOqusNmn56qXZe8pcWO