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Barry Morphew: Judge dismisses murder case against Colorado man as time hampers search for wife’s body

Fremont County District Judge Ramsey Lama granted their motion on Tuesday, meaning charges can be filed against Barry Morphew again at a later date.

Barry Morphew was also charged with tampering with a deceased human body, tampering with physical evidence, possessing a dangerous weapon and attempting to influence a public official, according to court records. He pleaded not guilty to all charges.

According to a motion filed Tuesday by the 11th Judicial District Attorney’s Office, prosecutors hoped the search and discovery of Suzanne Morphew’s body would be completed “well before” her husband’s trial, which was scheduled to begin on April 28.

However, the weather “complicated efforts”, the motion says, adding that a “significant amount of snow” covered authorities in the area – a “remote and mountainous area” near the couple’s home – during the months of winter, and before the end of the search.

“As of today, the area has 5 feet of snow obscuring where people believe Ms. Morphew is,” the motion reads, referring to prosecutors. “As a result, the people cannot safely dig this area.”

Prosecutors believe “we are close to locating the body of the deceased victim,” the motion states. But they are responsible for seeking the truth and ensuring equal justice, prosecutors wrote, not just securing a conviction.

“In typical homicide cases, the fact of the victim’s death is rarely in issue,” he said, “but in a case like this, the most influential fact is whether Ms. Morphew is dead or not”.

As a result, prosecutors asked that the case be dismissed without prejudice, meaning they could still sue Morphew in the future.

“This dismissal is in the interests of justice, the people, the accused and the public,” they said.

Barry Morphew “is as innocent today as he was when (Suzanne Morphew) disappeared,” his attorney, Iris Eytan, told CNN in a statement, saying he was arrested without authorities telling him. have completed a full investigation.

“The DA’s office is no closer to having answers today than it was in 2021, except that Mr. Morphew is not responsible for his wife’s disappearance” , said Eytan. “Barry and his daughters are hoping that law enforcement will finally devote all their resources to finding his beloved and missed wife and mother.”

CNN has reached out to the 11th Judicial District Attorney’s Office for comment.

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