BARRY Morphew’s shocking dismissal of murder does NOT prove his innocence and damning evidence could come to light if his wife’s body is found, an expert has claimed.
Morphew, 54, was initially charged with first degree murder in connection with May 2020 Disappearance and presumed death of his wife Suzanne.
The mother of two, who would turn 50 today, was last heard on May 9, 2020, the day before Mother’s Day.
District Attorney Linda Stanley filed the motion on Tuesday, which asked Judge Ramsey Lama to dismiss Morphew’s case intact, meaning charges could be brought again at a later date.
In the application, investigators claim they are close to locating Suzanne’s body.
Neama Rahmani, a former assistant US attorney and president of West Coast Trial Lawyers, spoke exclusively to The Sun about the progress of the case.
He said: “Law enforcement may have found the body that makes the difference.
“Authorities will always prefer to prosecute a homicide involving the body of a victim than a homicide involving a circumstance.
“It’s also about the defendant’s right to a speedy trial because prosecutors can’t put everything on hold while they examine the body.
“The next thing they have to do to get the case on hold is have it dismissed by a judge and charge again later.
“Colorado, like any other state, has no statute of limitations on murder.
“Prosecutors have the absolute right to dismiss a murder case and later retry it against the same defendant.
“The defense is making a big deal out of nothing, the dismissal in no way proves Barry’s innocence,” Rahmani claimed.
He continued: “This might as well be bad news for the defense because before the body was found they were dealing with a circumstantial case involving indirect evidence such as allegations of infidelity, conflicting statements to law enforcement and phone records turned.
“Depending on what authorities discover about the body, the evidence against Barry could be much more damning or exonerating him, such as if authorities discover DNA from someone else.”
Rahmani says it could be weeks before authorities can get to Suzanne’s remains, examine them and conduct any necessary analysis.
Police believe her body is in a remote and mountainous region near the Morphew residence.
However, the weather has complicated recovery efforts, court documents seen by The Sun showed.
The area in question was covered with a significant amount of snow before the search could be completed.
“To date, the area has 5 feet of snow hiding where people believe Ms Morphew is.
“As a result, the people cannot safely excavate this area and resolve this unanswered question,” court documents showed.
Rahmani told The Sun they will likely need to involve a coroner, pathologist, criminologist and other specialists to determine the manner and cause of death.
“It’s extremely rare for authorities to announce just days before a trial begins that they may have found a victim’s body,” he said.
“It’s unique in terms of timing, but this body may be in a rural part of Colorado and it’s not uncommon for police to have trouble locating bodies in remote areas.”
ARGUMENT OF DEFENSE
Meanwhile, Morphew’s defense attorneys argued in court that the case should be dismissed with prejudice, lest it be refiled.
His daughters, who have supported him, addressed the court on Tuesday.
“We fully support this dismissal. We know our father had nothing to do with it,” Mallory said.
Macy added that she’s looking forward to taking time to heal and “hopefully finding out what really happened to our mom.”
A neighbor raised the alarm after Mallory and Macy were unable to reach their mother.
Morphew had allegedly been staying at a Denver hotel 140 miles away the night before Suzanne disappeared while preparing for a landscaping job.
Morphew claims he went to bed at 8pm the night Suzanne went missing, but his car records tell a different story, according to investigators.
Data pulled from his truck’s computer appears to reveal the movement of his car on his property at 9:30 p.m., contradicting what he has told officers.
Car data from the following day shows that Morphew drove past the spot where Suzanne’s bicycle helmet was later found on his way to work.
On the way to the site, Morphew stopped at a bus stop, a hotel, a McDonald’s and a dumpster and dumped the trash at all locations, prosecutors said, citing security footage and vehicle data.
https://www.the-sun.com/news/5159142/barry-morphew-murder-case-wife-suzanne-body-missing/ Dismissal of Barry Morphew murder case ‘does NOT prove he is innocent and evidence could emerge if woman’s body is found’