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Morphews speak out as their attorney wants prosecution investigated

Two weeks after the murder trial against Barry Morphew was dismissed without prejudice, his attorney said that she will soon be asking the state to investigate 11th Judicial District Attorney Linda Stanley and some of her staff for mishandling the case.

“I’ve never seen prosecutorial misconduct this egregious in my entire career,” defense attorney Iris Eytan said. “I will file a request for investigation because I believe they withheld exculpatory information which would have pointed toward Barry’s innocence. I believe they concealed evidence and I believe that they manufactured evidence in this case.”

Eytan said she planned to file a complaint with the Office of Attorney Regulation Counsel, an arm of the Colorado Supreme Court which helps regulate attorney diversion and discipline, among other duties. Once a request for an investigation is made, then it’s up to the office to decide whether or not it will take it on.

DA Stanley did not respond to a request from The Gazette for comment.

Friday, Suzanne and Barry Morphew’s adult daughters, Mallory and Macy Morphew, spoke out publicly with their father for the first time since charges against him were dismissed last month.

“We just know our dad better than anyone else and we know he was not involved in our mom’s disappearance,” Mallory Morphew said on Good Morning America.

Both sides of the Morphew family have squared off in the months since she disappeared, with Suzanne’s family aligned with the prosecution’s theory and Barry’s fiercely in his corner.

Both sides have had an extremely emotional two years.

Suzanne Morphew’s sister, Melinda Moorman, was not impressed with the GMA appearance. “The ‘interview’ appearance on GMA was weak and without effectiveness in my view. The Colorado law enforcement authorities continue to investigate and I remain hopeful that in time what was done in secret will be brought to light.

She told The Gazette that finding Suzanne’s remains are the top priority.

Morphew, 49, went missing on Mother’s Day 2020, and her husband was arrested for her murder nearly a year later. The ensuing court hearings took a painful toll on everyone, but especially the couple’s daughters who lost both a mom and a dad, who was in jail for four months. “We want to heal,” said Mallory.

“I just love my girls and I love my wife and I just want her to be found,” said Morphew, 54, who has been a free man since charges were dismissed April 19. Macy Morphew said she wants Stanley to do more. “I just hope that Linda will step up to the plate and do everything she can to find our mom because what they’ve done is not fair and we’re never gonna stop looking for our mom.”

Investigators believe Morphew killed his wife sometime between May 9 and 10, 2020, because she was getting ready to leave the troubled marriage. In the motion for dismissal, prosecutors said that they believe they are close to finding her body, but that they can’t start excavating until a heavy blanket of snow thaws from the area which they said in the motion is “… a remote and mountainous region nearby the Morphew residence.”

Eytan accused the investigation of being so fixated on Morphew as his wife’s murderer, they have only searched in areas where he could have hid her body instead of considering other options.

“Instead of looking where Barry might have murdered her they need to look where Suzanne might have been abducted,” Eytan said. “Talk about garbage. That’s what this case is. Garbage in. Garbage out.”

Eytan and the prosecution sparred through seven months of court proceedings before the prosecution pulled a surprise move last month, asking 11th Judicial District Judge Ramsey Lama to dismiss the case for lack of evidence, specifically that Suzanne Morphew’s body has never been found. Lama dismissed the case without prejudice, which means that the prosecution can refile it.

Barry Morphew told police he last saw his wife on Sunday, May 10 of 2020, sleeping in their bed as he left for work at 5 a.m. When their daughters didn’t get a response to their Happy Mother’s Day texts, they alerted neighbors who noticed that Mrs. Morphew’s bicycle was missing. It was found that night tossed into a ravine near the family home, but there was no trace of her.

Investigators say that Barry Morphew displayed suspicious behavior from the beginning, never joining in the numerous community searches for his wife and giving them inconsistent statements.

Eytan said the investigation didn’t sufficiently follow up on unidentified DNA discovered on Suzanne Morphew’s bicycle, on her bike helmet or in her car. A tracking dog brought into the case followed her scent to an area of the Arkansas River, which was never explored. Investigators found a half of a cup of coffee on the counter the day she went missing and a bowl of cat food waiting to be put in a dish at the family home.

Barry Morphew, Eytan said, doesn’t drink coffee and he never fed the cat.

“The fact is, they never followed up on any leads,” Eytan said. “I know Barry wasn’t involved in Suzanne’s disappearance But i wish I knew what happened just as much as anybody else.”

Iris Eytan, the lead defense attorney for Barry Morphew in the murder case against him, spoke after a judge on Tuesday, April 19, 2022, granted a motion from prosecutors to dismiss the case without evidence. She was speaking at a press conference flanked by the rest of Morphew’s legal team. (Photo by Jerilee Bennett, The Gazette) (Jerilee Bennett)
Iris Eytan, the lead defense attorney for Barry Morphew in the murder case against him, spoke after a judge on Tuesday, April 19, 2022, granted a motion from prosecutors to dismiss the case without evidence. She was speaking at a press conference flanked by the rest of Morphew’s legal team. (Photo by Jerilee Bennett, The Gazette) (Jerilee Bennett)


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