Barry Morphew plans trial against DA and investigators over alleged DNA evidence pointing to sex offender
Barry Morphew, accused of murder his stillfaded away wife, Suzanne, should continue the Colorado DA, and local, state and federal investigators for malicious prosecution and “extreme and scandalous conduct”, alleging that crucial DNA evidence indicating a suspected sex offender was omitted.
Denver-based law firm Fisher & Byrialsen, PLLC, which represents Barry Morphew in civil cases relating to his wife’s disappearance for Mother’s Day 2020, filed a notice of claim on October 18.
The letter communicates their intention to take legal action against 26 individuals associated with the Chaffee Police Department, the 11th Judicial District Attorney’s Office, the Colorado Bureau of Investigations and the Federal Bureau of Investigations, KMGH-TV reported.
Morphew’s attorneys say the 131-page arrest affidavit, which a judge kept under seal for months until he was finally cleared for release in September, would omit evidence from other suspects , exculpatory DNA evidence and contains misleading and false information, Fox 21 reported.
The affidavit does not reveal that male DNA not belonging to Barry Morphew was found on Suzanne’s bike, helmet, car, as well as on sheets in the dryer, in one of the bedrooms, according to the lawyers.
A DNA sample taken from Suzanne’s glove box went through a database as a partial match for “one or more people across the country implicated in sexual assault cases,” the lawyers wrote in the report. letter. In August, investigators reportedly identified a person living in Phoenix who partially matched. Court documents claim that Chafee County Assistant Deputy Jeff Lindsey contacted the Arizona man, but he later refused to cooperate and asked for his help. The issue was never raised at the preliminary hearing or disclosed in the affidavit.
Morphew’s lawyers have reported other suspected cases of misconduct, including an example involving a tranquilizer dart.
The affidavit alleges that Barry Morphew used a tranquilizer dart to incapacitate Suzanne shortly after sending a message to Jeff Libler, a man with whom she had a long-distance affair for two years. But lawyers for Barry Morphew say a dart gun found by investigators on the property had been unusable for some time – a detail that has been omitted.
Barry Morphew was not arrested until May 5, 2021, almost a year after his wife went missing. He is charged with first degree murder, tampering with material evidence and attempting to influence an official and has pleaded not guilty. He posted a $ 500,000 cash bond on September 20 and was seen walking out of Chaffee County jail with his two daughters.
Earlier this month, a judge allowed Morphew to continue living in a luxury Airbnb near her former marital home and her former neighbors who dialed 911 to report Suzanne’s disappearance on May 10, 2020. There had issues with the GPS monitor in this neighborhood. and prosecutors wanted Morphew to live across town in the apartment of his alleged girlfriend, Shoshona Darke. Darke has been charged with trespassing on Barry and Suzanne Morphew’s former home. Her new owners reportedly saw her on their surveillance camera picking up a package on the doorstep.
Barry Morphew is not expected to appear in court until November 9. Chaffee County Judge Patrick Murphy said the murder trial will begin between May 3 and June 1, 2022.
In the days leading up to her disappearance, Suzanne texted Barry a text saying she was “done, let’s deal with this civilly,” according to the arrest affidavit. Investigators said that after Barry Morphew realized he couldn’t control Suzanne’s insistence on leaving him “he resorted to something he’s been doing his whole life – hunting and controlling Suzanne as if he had hunted and controlled animals ”.
The arrest affidavit says he refused to take a polygraph test in the days following his wife’s disappearance and did not initially tell investigators he went out of his way as he was leaving for work that morning, heading to where his wife’s bike helmet was finally found.