CAÑON CITY — After months of uncertainty, including a change of venue, musical chairs with two judges, and the dismissal of 14 of 16 expert witnesses, the question of what happened to Chaffee County resident Suzanne Morphew will not be brought to a Colorado courtroom as scheduled.

Barry Morphew, the husband charged nearly a year ago with killing his still-missing wife, Suzanne, walked out of a Fremont County courtroom in Cañon City on Tuesday morning a free man, just nine days before his first-degree murder trial was supposed to start.

Eleventh Judicial District Judge Ramsey Lama granted a prosecutorial motion to dismiss the case without prejudice, in order to conduct further investigation. “This is still an active investigation,” Lama told a stunned courtroom.

In a motion filed 15 minutes before Tuesday’s hearing began, the prosecution team led by 11th Judicial District Attorney Linda Stanley contended it did not have enough evidence to obtain a conviction without clear knowledge that Morphew’s wife is dead.

“In a case such as this, the most influential fact of consequence is whether or not Suzanne Morphew is deceased,” prosecutors wrote in their motion, adding that they believe they know where her body is, but that they can’t excavate it in time for trial, which was to begin April 28, because the area is under 5 feet of snow.

After the defense requested two breaks to do legal research on the motion, the high-profile case that has been followed by national press and scores of internet websites was dismissed for lack of evidence by its own prosecution team, confounding friends and family of Suzanne Morphew.

The air in the courtroom was so tense, a service dog toward the back of the room whined as if to comfort people observing the proceedings.

Barry Morphew’s family, including the couple’s two adult daughters, Mallory and Macy, who have not missed a hearing and have stood by his side, hugged their father after learning of the turn of events and cried.

Mallory and Macy were scheduled to testify as key witnesses in the trial, as they were on a camping trip Mother’s Day 2020 and alerted neighbors that their mom wasn’t answering their texts.

“We miss our mom dearly and we know our dad didn’t have anything to do with it,” Mallory Morphew said in speaking to the judge after he granted the dismissal.

A tearful Macy Morphew echoed a thought her sister said, “We’re thankful we can go on with our life and just take time to heal,” she said. “We wish we’d been treated better.”

Lead defense attorney Iris Eytan, who comprised a team of seven women on the defense team in court Tuesday, accuses media outlets of implying Morphew is guilty.

“He still is presumed innocent, and he is innocent,” Eytan said in speaking to the media after the dismissal.

Suzanne Morphew’s three siblings, speaking via Webex, said they agree with the judge’s decision to grant the motion to dismiss without prejudice, which leaves open the possibility to refile.

“I think it’s proper because I think further investigation needs to be done,” said her brother, Andrew Moorman, who also said he was “sorry for all the problems this has caused” among relatives.

“We’re looking forward to finding our sister and bringing her home for a proper burial,” said David Moorman, another brother. “We plan to see this through to the end.”

With the ruling, Morphew’s $500,000 cash bond is now released, his ankle monitors are removed, his passport is returned to him, and about 1,000 people who received jury summonses for April 28 or 29 are released.

“Thank you,” Morphew called over his shoulder in response to reporters asking if he had anything to say, as he left the courthouse with his daughters to get in his pickup truck.

Still pending is a voter fraud case against him in Chaffee County that carries a felony count of forgery.

Morphew is accused of illegally mailing a ballot cast for Donald Trump in Suzanne’s name the November 2020 election. Barry Morphew had not signed the ballot in his wife’s name, but there was a signature on the witness line, according to the Chaffee County clerk. Morphew told investigators “I just thought, give him another vote. She would have voted for him anyway.”

In an order filed April 8, district judge Lama chastised the prosecution for being “reckless” and missing deadlines but refused to dismiss the case.

Former Adams County District Attorney Bob Grant said there is a chance that Stanley, the district attorney, could refile the case if Suzanne Morphew’s body is found.

“If they find a body and additional evidence develops against the defendant, they should be able to refile although there are constitutional speedy trial issues the DA will have to overcome,” Grant told The Gazette. “If there isn’t anything that hasn’t made it to the press, dismissal seems like the right move.”

The prosecution has said in court that it doesn’t have a clear idea of how Suzanne Morphew was killed. There was no blood and no sign of struggle at the Morphew home when investigators went inside on the evening of May 10, 2020. Prosecutors believe Morphew drugged Suzanne with a tranquilizer dart, killed her and then hid her body near the couple’s million dollar home in mountainous terrain west of Salida.

The prosecution’s case has been on shaky ground since Lama dismissed 14 of 16 of its most critical expert witnesses including a cellphone data analyst, a DNA specialist and an expert who investigated the movements of Barry Morphew’s truck on that Saturday night and into the early morning Sunday.

Mrs. Morphew disappeared sometime after 2:07 p.m. May 9, the day before Mother’s Day 2020. Investigators say that this is the last known moment that she was alive, as that’s the time stamp on a final “proof of life” photo of herself in a bikini to her lover, Jeff Libler’s phone. That day, the couple, who had been having a two-year affair, had sent 78 text messages to each other, which ended after the photo was sent. Morphew’s phone was never recovered, but investigators were able to extract messages from other people’s phones and from her iCloud account.

Her bicycle with blue decorative pedals was found tossed in a ravine near the family home and investigators discovered her turquoise bicycle helmet just less than a mile away to the west just off of U.S. 50. Evidence photos show the helmet, a bright blue dot lying in dried grass.

Grant could not recall a murder case in which no body was found that was filed without solid physical evidence or a confession.

“I’ve been waiting for the smoking gun since I first read about the case, or even a non-smoking gun,” Grant said. “Of course, countless cases have been dismissed on the eve of trial then DA’s realize they don’t have the horses to convict.”

The prosecution was planning to call 72 witnesses, according to court testimony, including Barry Morphew’s employees, neighbors of the couple and Suzanne Morphew’s family and close friends, some of whom she confided her unhappiness with her spiraling marriage.

Thousands of hours went into the investigation into Susanne Morphew’s disappearance. There have been 134 search warrants executed in this case.

There have been extensive searches in the Arkansas River, forests, abandoned mines and under concrete slabs — amounting to some 70,000 man hours, according to Eytan, the defense attorney.

“Today is the first day the prosecution has ever stated that (finding the body) would be a consideration,” she said. “They’ve stated a body is irrelevant until now.”

Adding to the uncertainty, investigators in the case could not agree as to whether there was enough probable cause to arrest Barry Morphew when they did. Colorado Bureau of Investigation Director John Camper was so concerned, he called Chaffee County Sheriff John Spezze and asked him to hold off until they were able to gather more evidence.

Tuesday afternoon, the Chaffee County Sheriff’s office released a statement stressing its dedication to Suzanne Morphew’s unsolved disappearance: “While we are disappointed in the delay of the proceedings, we remain unwavering in our commitment to this investigation and the ultimate prosecution of Mr. Morphew. I stand behind the strong work of the investigators within the Chaffee County Sheriff’s Office and the many law enforcement agencies involved and the strong case we have built. Above all else, we remain dedicated to seeking justice for Suzanne and her family.”

Morphew was taken into custody on May 5, 2021, almost a year to the date of when his wife disappeared. He was held in jail for more than four months before being released on bail on Sept. 17, 2021.

After months of uncertainty including a change of venue, musical chairs with two judges, and the dismissal of 14 of 16 expert witnesses, the question of what happened to Suzanne Morphew will not be brought to a Colorado courtroom as scheduled. Mrs. Morphew’s husband, Barry, who was charged with her murder nearly a year ago, walked out of a Fremont County courtroom Tuesday a free man nine days before his trial was supposed to start.

11th Judicial District Judge Ramsey Lama granted a motion to dismiss the trial without prejudice pending further investigation. “This is still an active investigation,” Lama told a stunned courtroom.

In a motion filed 15 minutes before Tuesday’s hearing, the prosecution asked for the judge to dismiss the case without prejudice, contending it did not have enough evidence to obtain a conviction without clear knowledge that she is dead. “In a case such as this, the most influential fact of consequence is whether or not Mrs. Morphew is deceased,” prosecutors wrote in their motion, adding that they believe they know where her body is, but that they can’t excavate it in time for trial, which was to begin April 28, because the area is under five feet of snow.

The high profile case which has been followed by national press and scores of internet websites has been dismissed for lack of evidence by its own prosecution team, confounding friends and family of Suzanne Morphew.The courtroom was stunned at the announcement made by 11th Judicial District Attorney Linda Stanley. The air was so tense, a service dog toward the back of the room whined as if to comfort people observing the proceedings.

Barry Morphew’s family, including the couple’s two adult daughters, Mallory and Macy, who have not missed a hearing, and have stood by his side, hugged their father when the motion was announced.

In the filing, prosecutors said that Suzanne’s sister, Melinda Moorman, and her brothers Andrew and David Moorman, agreed with their decision, but that they had not spoken with the couple’s daughter, Mallory and Macy about the decision “for obvious reasons.” Mallory and Macy were scheduled to be key witnesses in the trial, as they were on a camping trip Mother’s Day 2020 and alerted neighbors that their mom wasn’t answering their texts.

The Moormans were not in the courtroom, but listened to the proceedings via Webex.

Morphew’s $500,000 cash bond is now released and his ankle monitors have been removed.

Still pending is a voter fraud case against him in Chaffee County which carries a felony count of forgery. Morphew is accused of illegally mailing a ballot cast for Donald Trump in Suzanne’s name the Nov.2020 election. He had not signed the ballot in his wife’s name, but there was a signature on the witness line, according to the Chaffee County clerk. Morphew told investigators “I just thought, give him another vote. She would have voted for him anyway.”

In an order filed April 8, 11^th Judicial District Judge Ramsey Lama chastised the prosecution for being “reckless” and missing deadlines but refused to dismiss the case.

Former Adams County District Attorney Bob Grant said there is a chance District Attorney Linda Stanley could refile the case if Mrs. Morphew’s body is found. “If they find a body and additional evidence develops against the defendant, they should be able to refile although there are constitutional speedy trial issues the DA will have to overcome,” Grant told the Gazette. “”If there isn’t anything that hasn’t made it to the press, dismissal seems like the right move,”

The prosecution has said in court that they don’t have a clear idea of how Suzanne Morphew was killed.There was no blood and no sign of struggle at the Morphew home when investigators went inside on the evening of May 10. Prosecutors believe Morphew drugged Suzanne with a tranquilizer dart, killed her and then hid her body in the mountains near the couple’s million dollar home in mountainous terrain west of Salida.

The prosecution’s case has been on shaky ground since Lama dismissed 14 of 16 of its most critical expert witnesses including a cellphone data analyst, a DNA specialist and an expert who investigated the. movements of Barry Morphew’s truck on Saturday night and into the early morning Sunday.

Mrs. Morphew disappeared sometime after 2:07 pm May 9^th, the day before Mother’s Day 2020. Investigators say that this is the last known moment that she was alive, as that’s the time stamp on a final “proof of life” photo of herself in a bikini to her lover, Jeff Libler’s phone. That day, the couple, who had been having a two year affair, had sent 78 text messages to each other, which ended after the photo was sent. Morphew’s phone was never recovered, but investigators were able to extract messages from other people’s phones and from her ICloud account.

Her bicycle with blue decorative pedals was found tossed in a ravine near the family home and investigators discovered her turquoise bicycle helmet just less than a mile to the east off of the same highway.

Grant could not recall a murder case in which no body filed without solid physical evidence or a confession. “I’ve been waiting for the smoking gun since I first read about the case, or even a non-smoking gun,” said former Adams County District Attorney Bob Grant. “Of course, countless cases have been dismissed on the eve of trial then DA’s realize they don’t have the horses to convict.” The prosecution was planning to call 72 witnesses, according to court testimony, including Barry Morphew’s employees, neighbors of the couple and Suzanne Morphew’s family and close friends, some of whom she confided her unhappiness with her spiraling marriage.

Thousands of hours went into the investigation into Mrs. Morphew’s disappearance. There have been 134 search warrants executed in this case.

There have been extensive searches in the Arkansas River, forests, abandoned mines, under concrete slabs.

Adding to the uncertainty, investigators in the case could not agree as to whether there was enough probable cause to arrest Morphew when they did. Colorado Bureau of Investigation Director John Camper was so concerned, he called Chaffee County Sheriff John Spezze and asked him to hold off until they were able to gather more evidence.

Barry Morphew was speaking with law enforcement with no lawyer…what was the rush? May 5, 2021, almost a year to the date of when his wife disappeared, Morphew was taken into custody. He’s been out on bail since September 17th.