Barry Morphew appears in Colorado courtroom on new charges of killing his wife Suzanne
Barry Morphew in court on Tuesday.
CBS
Morphew made his first appearance in Alamosa County Court in handcuffs and an orange and white jail jumpsuit. One of his daughters blew him a kiss when he walked into the courtroom, and the man accused of killing her mother gave her a big smile.
It was a brave look for a man who has been pulled back into the justice system for Suzanne's murder. He was arrested on June 20 in Arizona and extradited to Colorado this week.
Tuesday consisted of mostly standard courtroom proceedings. Morphew waived his right to be advised of his legal rights and was not asked to speak.
Twelfth District Attorney Anne Kelly will prosecute the case. The earlier case against Barry Morphew, which was thrown out, was prosecuted by the disgraced and disbarred former 11th Judicial District DA Linda Stanley. The initial case against him was dropped in 2022 because of prosecutorial issues with evidence.
Morphew's legal representation includes David Beller and Jane Fisher-Byrialsen.
CBS
"It is our understanding that we will be appointed on to continue our representation of Mr. Morphew," Beller said in the courtroom.
The defense is already looking to put an end to the case. They submitted a challenge to the probably cause in the case. The prosecution said it was ready for that move, and they expect this case to move past it.
Barry Morphew's bond remains set at $3 million, with the possibility it could be changed before the next scheduled court date in early September. In the months between now and then, evidence the prosecution has assembled will be reviewed.
Suzanne Morphew's remains were discovered accidentally as authorities were searching for another missing woman a year after prosecutors dropped their initial prosecution of Morphew.
A 2024 autopsy report said Suzanne Morphew died of "unspecified means" but ruled her death a homicide. While her remains showed no signs of trauma, investigators found in her bone marrow a drug cocktail used to tranquilize wildlife that her husband had a prescription for, according to the indictment.
Barry Morphew has maintained his innocence since his wife disappeared.
Beller and Fisher-Byrialsen did not return telephone and email messages seeking comment. Beller has previously criticized prosecutors for allowing "their predetermined conclusion to lead their search for evidence."
At Morphew's request, Chief Judge Amanda Hopkins agreed to appoint the state-funded public defender's office to represent him because he is in jail. However, Beller said the state public defender's office has a conflict of interest preventing it from representing Morphew and he expects Fisher-Byrialsen and himself to ultimately be appointed to represent Morphew by another state office that pays private attorneys to defend people who can't be represented by the public defender's office.
Morphew, who owned a landscaping company when his wife disappeared, was represented by a different private attorney the first time he was prosecuted.
Morphew sold the family home in the mountains near Salida, Colorado, for $1.6 million in 2021. According to jail records, Morphew is self-employed and his home address is in Noblesville, Indiana.
File photo of Barry and Suzanne Morphew
CBS
The mystery surrounding Suzanne Morphew began when the 49-year-old mother of two daughters was reported missing in 2020. Her mountain bike and helmet were found in separate spots not far from her home, but investigators suspected the bike was purposefully thrown into a ravine because there were no indications of a crash. A week after his wife went missing, Barry Morphew posted a video on Facebook pleading for her safe return and the case quickly drew attention.
At the site where Morphew's remains were discovered, investigators found a port through which Suzanne Morphew could receive medicine to treat follicular lymphoma, a type of blood cancer that she had. They also found biking clothes similar to what she was known to wear.
Based on the condition of the remains and clothes, a forensic anthropologist theorized that the body likely decomposed elsewhere before being moved to the site, according to Morphew's new indictment.
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