Barry Morphew plans to sue DA, investigators for malicious prosecution

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Barry Morphew was released from Chaffee County Jail on bond on Sept. 20, 2021. He’s accused of killing his wife, Suzanne Morphew. (Credit: KDVR)

CHAFFEE COUNTY, Colo. — A civil law firm has sent letters to members of the Chaffee County Sheriff’s Office (CCSO), 11th Judicial District Attorney’s Office, Federal Bureau of Investigation (FBI), and Colorado Bureau of Investigation (CBI) claiming the case against Barry Morphew consisted of an unlawful arrest, malicious prosecution, and defamation.

On October 18, Fisher & Byrialsen, P.L.L.C, a Denver and New York law firm filed a notice of claim on behalf of Morphew. He was arrested on May 5 on multiple charges including first-degree murder in connection with the disappearance of Suzanne Morphew, his missing wife, and mother of his two daughters. Morphew has maintained his innocence.

The 49-year-old Chaffee County woman went missing on Mother’s Day weekend of 2020. Her body has not been found.

The letter by the law firm claims the affidavit presented to the judge to arrest Morphew without bond omits evidence of alternate suspects, exculpatory DNA evidence, and contains misleading and false information.

In the letter, Morphew’s attorney states the affidavit fails to reveal there is unknown male DNA found on evidence collected in the case, including Suzanne’s bike, helmet, sheets in the dryer, one of the bedrooms, and in her car. It is alleged in the letter that sometime in the beginning of August, investigators became aware of the name of the individual whose DNA partially matched a sample collected from Suzanne’s car. The letter alleges the individual is also a registered sex offender in Arizona.

They intend to sue 26 named officers from CCSO, CBI, FBI, as well as attorneys from the 11th Judicial District.

Morphew’s next court appearance is scheduled for November 9. He is currently out of jail, released on a $500,000 bond. Morphew’s trial is scheduled for May of 2022.

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