Barry Morphew, who was accused of killing his wife in Chaffee County before the case was dropped in 2022, filed a federal civil rights lawsuit on Tuesday seeking $15 million over his arrest and first-degree murder charge in 2021. Developing story:
Barry Morphew, who was accused of killing his wife in Chaffee County before the case was dismissed in 2022, filed a federal civil rights lawsuit on Tuesday seeking $15 million over his arrest and first-degree murder charge in 2021.
It says one of these examples happened during the initial investigation: When Barry offered investigators Suzanne's clothing for a K-9 to smell, the animal followed her scent from the bike to a rushing river, where it disappeared. The lawsuit also claims that FBI agents told a CBI agent that certain GPS location data from Barry's phone was unreliable, but the defense used this data without disclosing that it was not reliable. This included a map that allegedly showed Barry's phone moving up to 50 mph through walls inside the house, the lawsuit claims.
The lawsuit claims that the affidavit also lacks information about the multiple calls made to the sheriff about this, and the concerns coming from the CBI. Denver7 is working through the lawsuit and will update this story in live time. The full lawsuit can be accessed here. Investigators started rigorous searches in the area and created a tip line. Barry and a family friend said they were offering $200,000 for her safe return. Her bike and helmet were both found, but there was no sign of Suzanne. Investigators obtained DNA evidence from the bike, helmet and Suzanne’s vehicle.
In late April 2021, CBI learned that the sheriff’s office was going to arrest Barry, which was strongly opposed by two CBI agents, who cited the need for more forensic testing and evidence collection. According to the Motion for Discovery, the head of the Major Crimes Division of CBI reached out to the sheriff to advise against arresting Barry. The CBI director communicated the same afterward.
Denver7 covered each day of Barry's preliminary hearing in August 2021. To learn about the court discussions in depth, click to read day one here, day two here, day three here, and day four here. In total, the hearing included 20 hours of testimony and included enough evidence for the murder case to go to trial, Chaffee County Judge Patrick Murphy ruled in September 2021.
In addition, the document did not inform the judge of the DNA — still from an undetermined source — and that Barry’s DNA did not match.A little more than a week after Barry’s September 2021 release, a woman who was suspected of having a relationship with Barry was arrested on a trespassing charge after allegedly entering the property of where the Morphews used to live. The woman was later arrested and identified as Shoshona L. Darke of Salida. She faces a charge of second-degree trespassing.
"This is a high-profile case in a relatively small county with a small jury pool," the order reads."The media saturation is high." On April 19, 2022, a Fremont County judge granted the prosecution's motion to dismiss the murder case against Barry. The motion asked the court to dismiss the charges without prejudice, meaning he could be tried again if prosecutors refile charges.
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