DENVER — Barry Morphew’s defense team has filed a motion to dismiss the first-degree murder case against their client based on a newly released discovery that included remarks from an investigator who qualified the arrest of “premature”.
Morphew’s defense team filed the motion in Fremont County Court on Feb. 9, according to documents released Tuesday. Prosecutors filed a response to the defense motion on February 23, calling the defense motion “total nonsense.”
Lawyers representing Morphew, 54, charged with the murder of his wife Suzanne Morphew, say remarks made by Colorado Bureau of Investigations agent Joseph Cahill during an interview with Internal Affairs on December 2, 2021 are grounds for dismissal of the case.
Constable Cahill, who is now assigned to the bureau’s Marijuana Enforcement Division, worked on the Morphew investigation shortly after Suzanne Morphew was reported missing from her Chaffee County home on the day of the holiday. mothers, Sunday, May 10, 2020.
In the defense motion, attorneys say Cahill said Morphew’s May 5, 2021 arrest was premature and the “worst” decision that could be made. Lawyers say CBI officers raised the concerns with Chaffee County Sheriff John Spezze, but were dismissed by the sheriff and told he “didn’t need the advice of the CBI,” according to the documents.
Defense attorneys argue that this conversation was not brought up in subsequent court hearings and that they did not learn of Cahill’s interview until January and saw the taped conversation in February. They’re asking the judge to dismiss the case because of “discovery violations by the prosecution.”
Prosecutors filed a response to the defense motion, saying “people produced tens of thousands of discovery pages and hours of video and audio recordings.” They called the motion “totally absurd” and said Constable Cahill had been “completely discredited” and was merely offering his opinion.
“Of course, these lawyers also argued the preposterous idea in this Court that the 11th Judicial District Attorney’s Office, the FBI, the CBI and the Chaffee County Sheriff’s Office are in a grand conspiracy to suppress the discovery that we have already provided in a timely manner,” prosecutors wrote in the motion.
Morphew faces multiple charges, including first degree murder. He also faces charges of tampering with physical evidence, attempting to influence a public official, tampering with a deceased human body and possessing a dangerous weapon.
Morphew pleaded not guilty to the charges and was released on $500,000 cash bond on September 20, 2021. His trial is moving to Fremont County after the court ruled he was ineligible for bail. fair trial in Chaffee County, according to a court order. obtained by Denver7.
Barry Morphew’s jury trial will begin May 3, 2022 at the Fremont County Courthouse.
Denver7 covered every day of Barry Morphew’s preliminary hearing in August. For more on the in-depth court discussions, click to read Day One here, Day Two here, Day Three here, and Day Four here. His 130-page arrest affidavit, which details allegations of why Barry Morphew was arrested in connection with the murder of his wife, was released in September 2021.