Judge dismisses murder case against Barry Morphew

A judge has dismissed the murder case against Barry Morphew just more than week before he was set to stand trial for killing his wife, Suzanne, who vanished on Mother’s Day 2020.

District Attorney Linda Stanley filed a motion on Tuesday to dismiss the charges without prejudice, which was granted just hours later. Morphew was all smiles when he exited the courtroom in Fremont county, both his daughters by his side.

“We fully support this dismissal. We miss our mom dearly and know our dad didn’t have anything to do with it,” his daughter Mallory told CBS 4

Suzanne Morphew was last seen alive on May 10, 2020, as she was leaving her home in Chaffee County in Colorado for a bike ride. Her disappearance triggered a widespread search that is still underway. While the mother-of-two has not yet been found, her estranged husband, Barry, was charged in September with counts of tampering with physical evidence and an attempt to influence a public servant as well as murder.

Barry Morphew leaves a Fremont County court building in Canon City, Colo., with his daughters, Macy, left, and Mallory, after charges against him in the presumed death of his wife were dismissed Tuesday.
Barry Morphew leaves a Fremont County court building in Canon City, Colo., with his daughters, Macy, left, and Mallory, after charges against him in the presumed death of his wife were dismissed Tuesday.


Barry Morphew leaves a Fremont County court building in Canon City, Colo., with his daughters, Macy, left, and Mallory, after charges against him in the presumed death of his wife were dismissed Tuesday. (Jerilee Bennett/)

In the filing, prosecutors said they believe they’re close to finding Suzanne’s body “in a remote and mountainous region nearby the Morphew residence.” Efforts to retrieve the remains have been hampered by snowy weather and crews don’t think they will be able to retrieve them before Morphew’s trial date, which was set for April 28.

Prosecutors “have a good faith reason to believe further investigation into this matter is essential,” according to the filing.

Morphew previously pleaded not guilty to charges in connection with his wife’s death and has long maintained his innocence.

“They absolutely dismissed this case at this point because they knew they were going to lose this trial,” said Barry Morphew’s defense attorney Iris Eytan told 9News. “And Mr. Morphew was going to be acquitted and exonerated.”

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