Barry Morphew lawyers ask judge to dismiss case, citing ‘false testimony’: court documents

Attorneys for homicide suspect Barry Morphew are once more asking a Colorado decide to drop his case, citing falsehoods from prosecutors and regulation enforcement, in line with studies.

Morphew was arrested in Could 2021 and is charged with first-degree homicide, tampering with a deceased human physique, and different crimes in connection to the presumed loss of life of Suzanne Morphew, who disappeared on Mom’s Day 2020. Her physique has not been discovered, and Morphew has maintained his innocence.

His attorneys argue in a March 9 movement to dismiss, nevertheless, that “substantial proof” reveals “regulation enforcement testified falsely,” and “the prosecutor offered this false testimony,” the movement obtained by FOX 21 Colorado Springs states.

“He asks the court docket to dismiss this case as a result of a good trial can’t be held below the circumstances of those falsehoods and coverups,” his legal professionals wrote.

The protection crew alleges that the prosecution falsified causes for Barry Morphew’s arrest, the Colorado Bureau of Investigation’s assist for his arrest, justification for the removing of CBI Agent Joseph Cahill, in addition to court docket pleadings.

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The movement accuses eleventh Judicial District Legal professional Linda Stanley of being “answerable for the presentation of false and deceptive testimony,” saying she personally labored to take away Cahill, the first investigator within the defendant’s case, “as a result of he wouldn’t testify…in line with her script” concerning three Mixed DNA Index System (CODIS) matches linking DNA discovered of the glove field of Suzanne Morphew’s automobile to people aside from Barry Morphew.

Barry Morphew beforehand stated investigators had been making an attempt responsible him for the Could 10 disappearance of his spouse, Suzanne. 
(Courtesy of Suzanne Morphew’s Household)

Morphew’s legal professionals filed one other movement to dismiss earlier this month, claiming a fourth CODIS match linked to the DNA present in Suzanne Morphew’s car, in line with FOX 21.

The pattern got here by way of a database as a partial match for “single or a number of people throughout the nation concerned in sexual assault instances,” protection attorneys wrote in an August letter. They stated the pattern belongs to a intercourse offender residing in Arizona. 

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The prosecution knew in regards to the DNA outcomes lengthy earlier than they knowledgeable the protection, Morphew’s legal professionals argued in earlier court docket paperwork.

On this nonetheless picture from video, Barry Morphew, heart, seems in court docket in Salida, Colorado, on Could 6. 
(KUSA by way of AP, Pool)

Investigators say Suzanne Morphew had plans to depart her husband and informed him as a lot in a textual content she despatched days earlier than she disappeared in 2020, in line with an affidavit. 

The affidavit additionally states that Barry Morphew refused to take a polygraph within the days after his spouse vanished. 

Morphew was launched from the Chaffee County jail in September on a $500,000 bond. In October 2021, a decide dominated that he may dwell in an Airbnb rental dwelling in the identical neighborhood the place he and his spouse as soon as resided, regardless of points along with his GPS monitoring reception within the space. He can proceed residing there so long as he studies to a close-by city so his GPS knowledge may be downloaded. 

Protection attorneys have repeatedly complained of not receiving discovery from the prosecution in a well timed method. The protection has additionally beforehand instructed that they may sue prosecutors and regulation enforcement for malicious prosecution and false arrest.  

The suspect is predicted in court docket to start his trial on the finish of Could.

Fox Information’ Louis Casiano and Danielle Wallace contributed to this report.