Barry Morphew’s defense attorneys claim there’s a ‘black hole’ in the case

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CHAFFEE COUNTY, Colo.– A motions hearing was held Tuesday for Barry Morphew, husband of Suzanne Morphew, a Chaffee County woman who disappeared over Mother’s Day weekend in 2020.

Barry Morphew’s attorneys are claiming prosecutors are keeping key evidence from them in this murder case. A body has still not been found.

The defense started the hearing with a bold statement saying, “There is a black hole in this case when it comes to any evidence pointing away from Barry Morphew killing his wife Suzanne.”

Morphew’s attorneys claim they have still not been given all of the discovery in this case.

The prosecution says they are getting some help with that. The 11th judicial district is getting assistance from the 4th Judicial District to help them re-do the discovery to reorganize the more than 1-terabyte of evidence to help find information easier for both the state and defense.

Iris Eytan, one of Morphew’s attorneys listed in court on Tuesday eight discovery items the prosecution has not produced to them saying it’s a pattern causing fraud on the court. Some of those items were Suzanne’s HP laptop, opinions of experts regarding DNA matches, reports/statements between the 11th Judicial District Attorney’s Office and law enforcement agencies.

Much of the arguments were about when the investigators learned about three possible DNA matches from swabs collected from Suzanne’s glovebox, whether or not they followed up on the potential leads and if investigators tried not to divulge that information to the defense and the court.

According to motions filed by the state, evidence of any partial matches from the glovebox was presented as exhibits in an August 3rd filing. Judge Patrick Murphy on Tuesday did not find any potentially exculpatory evidence was withheld from the defense.

Another discovery item the defense wants to have is the location and any reports about a game camera that the state recently put up near Morphew’s house. His attorneys wanted to call to the stand 7 witnesses but could only get through 2.5 on Tuesday. Morphew will be back in court on December 14th at 1 p.m. to continue the motions hearing.

There was no mention made in regard to the civil suit Morphew’s attorneys filed for allegations of false arrest or malicious prosecution on Tuesday.

To read previous coverage of Suzanne’s disappearance and her husband Barry’s arrest and upcoming hearing, please see the following list:

FOX21 News’s reporter Lauren Scharf is live-tweeting while in the courtroom today to provide updates during Morphew’s hearing.

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