In an appearance before Colorado District 11 Court Judge Patrick Murphy on Thursday, May 27, Defendant Barry Morphew remained in jail-house orange, and subdued. His lawyers did the talking. It was his first court appearance since an earlier May 6 hearing where he was apprised of his rights after being arrested on First Degree Murder charges in the disappearance of his wife, Suzanne Morphew on Mothers Day, 2020. To this day, her body has not been found.
Barry Morphew was booked into the Chaffee County Jail on three charges, including First Degree Homicide. Courtesy photo.
The amended filing of charges against Morphew includes five counts:
Count 1: Murder in the first degree
Count 2: Tampering with a deceased human body
Count 3: Tampering with physical evidence
Count 4: Possession of a dangerous weapon
Count 5: Attempt to influence a public servant
The hour-long hearing was spent reviewing outstanding motions for the defense, related to the release of information and the sharing of evidence between the prosecutor’s office and the defense attorneys; including testimonies, witness interviews, and witness statements, texts, and email messages, most of which is covered under Rule 16. The motions related to evidence and discovery, differentiating between preservation of evidence, and the availability of work product related to the presentation of the case.
Judge Murphy will be drafting orders related to limiting pretrial publicity. He listened to the defense’s arguments regarding a request for all texts and email messages between the prosecutor’s office and law enforcement for the entirety of the case, which centered on the defenses’ view that providing this information is the duty of law enforcement. The defense added that “in this case, members of law enforcement are the witnesses.”
“We know that law enforcement and the DA’s office have a relationship on cases… but any law enforcement officer working on this case — this is a world of evidence – they are witnesses,” said the defense.
The District Attorney’s (DA) office objected saying, “If you carry this logic, everything we do has to be recorded… every phone call – and then include text and phone calls? To do everything we are being asked to do, it’s not possible.”
The defense asked to be given all information regarding who the prosecution may be considering as potential experts, even if that expert isn’t ultimately called to testify. Murphy ruled that “if an expert says they can’t do anything with the case, he’s not required to disclose that. But if you do contact an expert who gives advice, you must disclose.”
The Judge went on to order that all audiotapes, videotapes, and handwritten notes not transcribed into law enforcement records be preserved and added that the court will grant immunity for prosecution witnesses.
The defense then asked for any information related to alternative suspects, compiled by the police, but Murphy said he was uncomfortable with this and would leave his order as it stood.
When the defense asked that all future interviews and conversations the prosecution might have with witnesses be recorded, the prosecution objected, saying “witnesses of victims have the right to say ‘I don’t want to be recorded’. It’s cumbersome. Say we call a witness to tell them about a court date … there are no cases or laws that cover this.”
Judge Murphy agreed to say, “I’m uncomfortable with the judicial branch ordering the law enforcement branch on what to do here…that’s’ up to prosecution and law enforcement.”
A major discussion ensued about the availability of all the information and disclosures from the DA’s office, with a difference of opinion arising regarding the court’s 21-day rule for the delivery of information. The defense demanded that they be given all information immediately, based on their view that the 21 days began with the May 6 hearing. The DA’s office responded saying the phrase ‘up to 21 days’ began with the May 27 hearing as the first appearance after being informed of his rights.
Murphy agreed with the DA’s office, but added that the requirement was as soon as possible up to 21 days, and ordered the DA’s office to provide all information to the defense by close of business Wed. June 2.
The next hearing dates will be a joint proof of evidence and preliminary hearing occurring over four days:
Monday, Aug. 9 8:00 a.m.
Tuesday, Aug. 10 9:30 a.m.
Monday, Aug. 23 8:00 a.m.
Tuesday, Aug. 24 9:30 a.m.
During that set of hearing days, Morphew could enter a plea, but he is not required to do so.
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