Barry Morphew to sue investigators claiming evidence found on his deceased wife was omitted from his case
A Colorado man charged with murdering his wife plans to prosecute federal, state and local prosecutors and investigators for “extreme and scandalous conduct” after allegedly withholding evidence of his disappearance and death.
Barry Morphew, 53, was arrested in May this year and charged with the murder of his wife, Suzanne, 49, who went missing on Mother’s Day 2020. Her body has never been found.
Barry is represented by the Denver-based law firm Fisher & Byrialsen, PLLC, which plans to file a civil lawsuit against 26 individuals associated with the Chaffee Police Department, at the 11th District Attorney’s Office, Colorado Office. of Investigations and to the FBI, according to documents ABC 7 acquired from the law firm.
Lawyers say investigators intentionally omitted DNA evidence from an alleged sex offender found in Suzanne Morphew’s bike, helmet, car and sheets.
They also claim that evidence was omitted regarding the dart gun Barry allegedly used to incapacitate his wife – it was in fact unusable at the time of the murder, lawyers say.
Barry and Suzanne Morphew are pictured together. Barry is charged with the murder of Suzanne who disappeared for Mother’s Day 2020
Barry’s defense has taken legal action against 26 people in connection with the investigation and prosecution of the case, alleging they intentionally held evidence found at the scene of the crime.
The lawsuit claims that investigators and prosecutors withheld DNA evidence from an alleged sex offender found on Suzanne’s property. Pictured, FBI and CBI officials at the scene in 2020
In a 131-page letter on the upcoming lawsuit, Barry’s attorney alleges DNA evidence found in Suzanne’s car and house “matches the profile of one or more people across the country involved in cases.” sexual assault “.
According to the law firm, Chafee County Assistant District Attorney Jeff Lindsey found evidence of a man in Phoenix, Ariz., But authorities did not follow up after the man refused to cooperate and got involved.
DNA evidence was not raised at a preliminary hearing into the case and was omitted from the affidavit for Barry’s arrest, lawyers said.
Lawyers have also questioned certain details that were omitted from the tranquilizer gun found at the scene.
Barry stayed at a luxury Airbnb in nearby Maysville, three weeks after posting a $ 500,000 cash bond ahead of his murder trial
The Morphew family home is seen above. Morphew sold the house to new owners in March
Suzanne Morphew went missing in May 2020 and Barry had begged her to return home through video messages. He thought she could have been attacked by a mountain lion
Investigators said that while Suzanne was texting Jeff Libler, a man she had an affair with for two years, Barry allegedly shot Suzanne with a tranquilizer gun to knock her out.
Prosecutors have claimed the animal tranquilizer killed Suzanne and Barry covered her tracks by disposing of her body – possibly in the remote Garfield mine.
Barry’s defense claims that when investigators found the dart gun, it was unusable and had not been used for a long time.
They ultimately allege that this key information was intentionally omitted from the affidavit of arrest.
Prosecutors and investigators have yet to respond to the trial and its allegations.
Barry was arrested in May 2021 and released later in September on $ 500,000 bail.
He stayed in a luxury $ 2,000 Airbnb with his girlfriend, Shoshona Darke, 51, while awaiting trial.
Prosecutors demand that Morphew move to his girlfriend’s home in Salida which he allegedly paid for. The two-bedroom property is also closer to the Chaffee County Courthouse, where Morphew is to be tried in May, and allows easier GPS tracking according to the prosecution’s request.
Prosecutors have complained that the Airbnb is far too close to the location of the alleged murder and that of witness and neighbor Jean Ritter, who Barry is prohibited from contacting.
It was Ritter, 73, who reported Suzanne, 49, missing on May 10, 2020 after being contacted by her daughters Mallory, 21, and Macy, 18, when they were unable to join her to wish her a happy mother’s day.
Ritter also told cops that she shared coffee with Suzanne on May 6 – three days before she was last seen alive – and the mum-of-two appeared gleeful.
After Suzanne went missing, Barry first claimed that his wife could have been taken by a mountain lion and posted a tearful video begging her to come home.
But in May, he was arrested and charged with his first degree murder and told he would stand trial after a four-day preliminary hearing.
During the hearing, it emerged that Suzanne had a two-year affair with Libler, a married father of six, while Barry was caught visiting the Celebrity Jihad porn site and the famous Ashley dating site. Madison.
Prosecutors said the landscaper murdered his wife using an animal tranquilizer.
They also pointed out that Morphew’s phone had been placed in airplane mode on several occasions over the weekend of May 9-10 and cited data from his truck which showed he had multiple doors opened and closed. times in the early hours of May 10.
The prosecution also noted that he left a Holiday Inn hotel room in Broomfield, Colorado, reeking of chlorine – a development first reported by DailyMail.com in September 2020.
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