A man accused of murdering his wife has plans to sue federal, state and local prosecutors and investigators for ‘extreme and outrageous conduct’ after they allegedly withheld evidence about her disappearance and death.
Barry Morphew, 53, was arrested in May of this year and charged with the murder of his wife, Suzanne, 49, who disappeared on Mother’s Day 2020. Her body has never been found.
Barry is represented by the Denver-based law firm Fisher & Byrialsen, P.L.L.C, which plans to file a civil case against 26 individuals associated with the Chaffee Police Department, 11th Judicial District Attorney’s Office, the Colorado Bureau of Investigations and the , according to documents acquired from the law firm.
The lawyers claim that investigators intentionally omitted evidence of DNA belonging to an alleged sex offender found in Suzanne Morphew’s bike, helmet, car and bedsheets.
They also claim evidence was left out about the dart rifle Barry allegedly used to incapacitate his wife – it was actually inoperable at the time of the murder, lawyers say.
Barry and Suzanne Morphew are pictured together. Barry is accused of murdering Suzanne who vanished Mother’s Day 2020
Barry’s defense filed a lawsuit against 26 individuals in the investigation and prosecution of the case, alleging they intentionally with held evidence found at the crime scene
The lawsuit claims investigators and prosecutors withheld evidence of DNA from an alleged sex offender found in Suzanne’s property. Pictured, FBI and CBI officials at the scene in 2020
In a 131-page letter about the upcoming suit, Barry’s attorney’s allege that DNA evidence found in Suzanne’s car and house matches ‘the same profile as a single or multiple individuals across the country involved in sexual assault cases.’
According to the law firm, the Chafee County Deputy District Attorney Jeff Lindsey tracked the evidence to a man in Phoenix, Arizona, but officials failed to follow up after the man refused to cooperate and lawyered up.
The DNA evidence was not brought up during a preliminary hearing on the case and omitted from the affidavit for Barry arrest, the lawyers claimed.
The lawyers also called into question certain details left out from the tranquilizer rifle found at the scene.
Barry has been staying at a luxury Airbnb in nearby Maysville three weeks after posting $500,000 cash bond ahead of his murder trial
The Morphew family home is seen above. Morphew sold the home to new owners in March
Suzanne Morphew went missing in May 2020, and Barry had pleaded for her to come back home through video messages. He thought she could have been attacked by a mountain lion
Investigators had said that while Suzanne was messaging Jeff Libler, a man whom she had an affair with for two years, Barry allegedly shot Suzanne with a tranquilizer gun to knock her out.
Prosecutors claimed that the animal tranquilizer killed Suzanne and that Barry had covered his tracks by disposing of her body – possibly in the remote Garfield Mine.
Barry’s defense claims that when investigators found the dart rifle, it was inoperable and had not been used in a long time.
They ultimately allege that this key information was purposely omitted from the arrest affidavit.
Prosecutors and investigators have yet to respond to the lawsuit and its allegations.
Barry was arrested in May 2021 and later released in September on a $500,000 bond.
He has been staying at a $2,000 luxury Airbnb with the company of his girlfriend, Shoshona Darke, 51, as he awaits trial.