Barry Morphew attempted to obtain and cremate dead wife’s remains before trial

Prosecutors objected to a request from the daughters of Suzanne Morphew on Wednesday to turn over her remains as her husband awaits trial for her murder.

12th Judicial District Attorney Anne Kelly said in a motion that because Suzanne Morphew’s remains were lawfully obtained through a search warrant, the family does not have the authority to request them before the trial, according to court documents.

Suzanne’s husband, Barry Morphew, was indicted on June 20, 2025, in connection with her death and arrested on first-degree murder charge soon after that. Her remains were discovered in September of 2023 in a field about 45 minutes south of the Maysville, Colorado, family home.

Bert Nieslanik, an attorney representing Mallory and Macy Morphew, asked a judge to weigh in on the matter last week, calling the fact that Morphew’s remains were removed from Swan-Law Funeral Directors before the daughters could hold a memorial service “outrageous, cruel and shocking to the conscience.”

But Kelly, in her opposition Wednesday, said that it was Barry Morphew who had signed for the remains to be released to the Colorado Springs funeral home in January, and authorized them on Feb. 11 and Feb. 13 2026 for their intended cremation a week later.

Prosecutors collected the remains on Feb. 19, the day before they were set for cremation.

In the previous motion, Nieslanik argued that the daughters had a fundamental right to free exercise of their religion, and that they wanted to memorialize their mother “consistent with their faith.” When asked by email why Barry Morphew had signed for his wife’s remains, Nieslanik did not return a request for comment.

“Not being able to memorialize a loved one in a timely manner is truly heartbreaking, and we feel for Suzanne’s family members,” Swan-Law Funeral Directors said in a Thursday statement to The Denver Gazette. “At the same time, we will always comply with the law, just as we’ve done in this case. It is our sincerest hope that Suzanne’s daughters will be able to celebrate the life of their mother very soon.”

In a Thursday counter-motion, Barry Morphew’s attorneys said that he takes no position on the matter.

A LEGAL GREY AREA

In their motion, the defense had cited Constitutional principles and rights provided in the Victim Rights Act, Kelly said, but did not say how those provisions specifically apply to the remains in the given context.

“Specifically, neither of the VRA citations included in the Motion stands for the proposition that a victim may possess (let alone destroy) material evidence in a homicide prosecution,” Kelley wrote. “Indeed, interpreting the VRA to confer such a right would give defendants (or their family members) the ability to interfere with — or even end — criminal investigations and prosecutions.”

Under the revised statutes added in 2024 to the act, Morphew should not have had the right make decisions about his wife’s remains. Under that state, the definition of a victim is “any natural person against whom any crime has been perpetrated or attempted unless the person is accountable for the crime.”

Since Morphew was charged with the murder last summer, as a defendant, he is not considered a victim with the same rights as his daughters, Mallory and Macy. Suzanne Morphew’s brothers and sister are also considered victims.

Former 18th Judicial District felony prosecutor Eric Faddis said the legal definition depends on the situation and can be a grey area.

“Whether Barry Morphew had any civil legal rights with respect to releasing the remains even though he is charged is a nuanced legal question but my apprehension is he shouldn’t have the power of attorney to make decisions on Suzanne’s remains if he is implicated in her death, as he would likely have forfeited those rights by virtue of being charged,” Faddis said.

12th Judicial District Judge Amanda Hopkins might take up the issue Monday at a hearing at the Alamosa County Courthouse. Morphew remains free on bond.