Barry Morphew’s attorneys are asking the judge to recuse himself from the case because of his friendship with the lawyer who is representing Morphew’s girlfriend.

Shoshona Darke is expected to testify in the trial and is also going through her own legal troubles after being accused of trespassing at the home Barry Morphew and his wife used to own.

Darke’s attorney, Sean McDermott, is friends with 11th Judicial District Judge Patrick Murphy, who acknowledged the friendship during a court hearing Tuesday afternoon in Chaffee County.

“I have a relationship with Sean McDermott. He is three years younger than me. We went through the same junior high and high school. He is close friends with my sister and brother-in-law,” Murphy said.

The prosecution filed a motion requesting 10 days to research the potential conflict of interest. Murphy said he will rule on whether he has a conflict of interest during a hearing scheduled for 4:30 p.m. Jan. 14.

Darke was arrested and charged with trespassing Sept. 29 when she said she went to pick up a FedEx package that had been mistakenly delivered to the front porch of the home Barry Morphew used to own with his wife, Suzanne, 49, whom he is accused of killing.

“This is filed at a real bad time,” Murphy said Tuesday. “I understand you didn’t have a choice, but based on everything it is a bad time,” Murphy said.

Murphy has overseen the case since the beginning, having signed most if not all documents associated with it including search warrants, Barry Morphew’s arrest affidavit and hundreds of motions.

Barry Morphew, 53, is accused of killing his wife on Mother’s Day 2020. Investigators believe Barry Morphew drugged Suzanne Morphew with a tranquilizer dart, chased her around the house and then strangled her, disposing of her body between May 9 and May 10, 2020.

Barry Morphew has professed his innocence from the beginning.

He was arrested nearly a year later and held until September, when he was released on $500,000 cash bail.