ALAMOSA • Barry Morphew, the Colorado man accused of killing his wife and burying her in a shallow grave in the San Luis Valley, may be able to leave jail while he awaits trial, though he’ll have to find a way to come up with $3 million in property or bonds.

District Court Judge Amanda Hopkins on Tuesday denied a request by Morphew to reduce bond to $500,000, though she did change the requirement from a cash bond to a surety bond, which means he could await trial at home if a bail bond company is willing to guarantee the money or someone is willing to put that value of property on the line.

Hopkins cited Morphew’s mobility — living in multiple states, having multiple vehicles and recent addresses — as “indicative of his ability to pick up and go where he wants to.”

“Mr. Morphew has the means and is quite capable at moving around and remaining under the radar,” she said.

Morphew was living in Arizona when he was arrested earlier this year in the death of his wife Suzanne Morphew, 49, who disappeared from their Chaffee County home in May 2020, sparking a massive search. Despite never finding a body, Morphew, 57, was arrested on suspicion of murder in 2021 but the case was dropped after alleged prosecutorial misconduct.

Prosecutors allege he and Suzanne Morphew were in a combative relationship and that his phone was turned off for a long period the day she vanished.

In subsequent interviews, he and his daughters professed his innocence. But in 2023 human remains were found in rural Saguache County in the San Luis Valley that were identified as those of Suzanne Morphew. According to the grand jury indictment, the bones tested positive for a wildlife tranquilizer for which Morphew had access, and that he is the only person in Colorado with access to it.

Clad in denim and flannel instead of a jail jumpsuit — a request by his attorneys given the massive media interest in the case — he smiled at his daughters when entering the courtroom but otherwise showed no emotion as the judge read her decision.

Morphew’s attorney David Beller argued that, after bail was set at $500,000 in his first trial, he “never missed a single court hearing and kept all appointments and check-ins as ordered by the court. There was never any problem or any claim that he failed to abide by every condition imposed.”

“He is not likely to flee, based on his history, motivation to clear his name, and strong ties to his daughters.”

Beller told the judge Morphew was living in a mobile home in a trailer park in Arizona when he was arrested and does not have adequate financial means to pay the cash bond.

“When an individual is unable to post bond, that is a sign that says bond is too high.”

Twelfth Judicial District Attorney Anne Kelly argued Morphew has the resources to “finance an absconding plan,” including stocks and rental income from properties in Arizona. She noted Morphew has been transferring large amounts of money and property around to different family members. He has also been using an alias, though given the massive publicity in the case, the judge said that’s understandable.

Should he be able to post bond, Morphew would be required to stay in Colorado, wear a GPS monitor, surrender his passport and only leave home for medical needs or court appearances.

No witnesses testified Tuesday, though Suzanne Morphew’s brother David Moorman wrote in a court filing, “He is a flight risk and serial psychopathic controller of all in the realm of his influence. He needs to remain imprisoned through the entire legal proceedings til a verdict.”

The next hearing in the case is set for Nov. 3. As for when the case could go to trial, attorneys said it would be next summer at the earliest.

Beller, Morphew’s attorney, also hinted at what will be a key point in the trial, whether he actually had access to the chemicals that were found in his wife’s remains.

“We believe the facts are going to be flushed out that it’s a two-sided narrative and not a one-sided narrative.”