A motion by Barry Morphew, the Salida-area man who at one time faced murder charges tied to the disappearance of his wife, to reclaim property was denied Tuesday by a judge.

The hearing for Morphew took place in Cañon City. According to court documents, a motion to return property was filed May 26. Morphew had his criminal charges tied to the disappearance of Suzanne Morphew dismissed on April 18.

According to the motion, prosecution has been in possession of Barry Morphew’s property for more than two years and “there is no link between the property to the location or circumstances of Mrs. Morphew’s disappearance.”

A judge decided on Tuesday that the evidence would not be returned and denied the motion. Barry Morphew did not appear in court.

Suzanne Morphew was reported missing on Mother’s Day in 2020 in the Salida area. To date, her body has not been found.

“We alleged in the motion the items should be returned to Barry as they are being unlawfully held for no legitimate purpose,” part of a statement from Morphew’s attorney Iris Eytan reads. “As the law recognizes, Barry is innocent and in this country we just don’t hold people’s property ad infinitum when there are no charges pending.”

Prosecutors had argued that the seized items could be used as evidence in the future.

“… the People have a claim to all property seized for use in a future prosecution,” part of the motion filed by the DA’s office reads. “Further, no hearing need be held as the People are not looking to forfeit the property. To the contrary, we wish to hold it safe for a potential future prosecution.”

Posters featuring missing Suzanne Morphew remain in Salida. Anyone with information on her disappearance is asked to call 719-312-7530.