Is Barry Morphew innocent? Damning evidence could emerge if wife's body is found, say experts
A murder case against a Colorado man named Barry Morphew, who is allegedly responsible for his wife’s death, was dismissed on Tuesday, April 19, but an expert has claimed that it doesn’t mean "he is innocent”. The 54-year-old man was facing a first-degree murder charge in relation to the disappearance and presumed death of his wife, Suzanne, who was last heard on May 9, 2020.
Morphew was reportedly due to stand trial on April 28 but the 11th Judicial District Attorney Linda Stanley filed the motion requesting Judge Ramsey Lama to dismiss the case “without prejudice,” “which means that prosecutors could file charges against Barry Morphew at a later date,” as reported by CBS4 Denver. In the motion, it has been claimed that investigators are close to finding the 50-year-old mother’s remains.
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On the ongoing complicated case, Neama Rahmani, a former assistant US attorney and president of West Coast Trial Lawyers, gave his opinion as he told The Sun: “Law enforcement may have found the body which makes all the difference. Authorities are always going to prefer prosecuting a murder case with a victim’s body over a no-body, circumstantial murder case. It's also about the defendant’s right to a speedy trial because prosecutors can't put everything on hold while they examine the body.”
Rahmani went on to say: “The nearest thing they have to pausing the case is to have a judge dismiss it and then to refile charges later on. Colorado, just like every other state, has no statute of limitations on murder. Prosecutors have an absolute right to have a homicide case dismissed and refile it later on against the same defendant. The defense is making a big deal out of nothing, the dismissal doesn't in any way prove that Barry is innocent.”
He added, “This could just as easily be bad news for the defense because before the body was located they were dealing with a circumstantial case built around indirect evidence such as allegations of infidelity, inconsistent statements to law enforcement and phone records. Depending on what authorities discover on the body, the evidence against Barry could be a lot more damning or it could help exonerate him, such as if authorities discover DNA from another person.”
Rahmani also said that he believes it could take investigators weeks to find and analyze Suzanne’s body. He noted: “It's extremely rare for authorities to announce that they may have located a victim's body just days before a trial is set to begin. It's unique in terms of the timing, but this body may be located in a rural part of Colorado and it's not unusual for police to have trouble finding bodies in remote areas.”
As per reports, authorities think the woman’s remains have been dumped in a secluded and mountainous area near the Morphew residence. But the extreme weather conditions have reportedly made the search task difficult. Court documents seen by The Sun stated: “To date, the area has 5 feet of snow concealing the location where the People believe Ms. Morphew is located. As a result, the People cannot safely excavate this area and resolve this unanswered question.”