Fremont County Judge To Rule On Motion To Dismiss Barry Morphew Murder Case At Later Date
FREMONT COUNTY, Colo. (CBS4) - A judge in Fremont County will rule later on a motion to have the Barry Morphew murder case dismissed. Barry Morphew, the Chaffee County man accused of murder in the disappearance of his wife, appeared in court Friday.
He arrived at court holding hands with his daughters who are supporting him despite the murder allegations. Suzanne Morphew was reported missing after leaving her home for a bike ride on Mother's Day 2020.
Defense attorneys are asking the judge to throw out the case because prosecutors failed to turn over information they feel might have assisted in Morphew's preliminary hearing. At that hearing, a different judge decided there was enough probable cause to have Morphew stand trial.
That information involves statements made by the former lead CBI case agent Joe Cahill.
Before Barry Morphew was arrested, Cahill was recorded saying, "This case is not remotely ready for anybody to put this forward yet."
Several CBI supervisors testified they also did not want a warrant issued last May, but the sheriff of Chaffee County and the district attorney had decided to go ahead and arrest Morphew. The sheriff indicated he thought that Morphew might flee although he had spoken with investigators more than 30 times.
Cahill had also stated, "This is the worst decision that you can make."
Prosecutor Mark Hurlburt maintained Cahill has been "completely discredited" and the notion of dismissing the case was completely ridiculous.
Morphew has claimed he is innocent and is scheduled to go on trial in May.
