Barry Morphew’s lawyers later filed a complaint accusing prosecutors of intentionally withholding evidence and asking that they be disciplined. Barry Morphew also filed a US$15 million lawsuit accusing prosecutors and investigators of violating his constitutional rights. The suit is pending in federal court.
Prosecutors, saying they wanted more time to find Suzanne Morphew’s body, left open the possibility of filing charges against him again. In announcing the autopsy findings on Monday, Colorado Bureau of Investigation director Chris Schaefer did not say whether that would happen, saying the investigation is ongoing.
The prosecutor for the part of Colorado where the body was found said her office was assisting in the investigation.
“We will continue to follow the evidence and seek justice for Suzanne,” said 12th Judicial District Attorney Anne Kelly in a statement.
An attorney for Barry Morphew and his two adult daughters said on Monday that his dart gun for tranquillising wildlife was not working when his wife disappeared, and he did not possess the tranquilliser that’s used in the darts.
Attorney Iris Eytan told the Associated Press evidence suggests Suzanne Morphew was abducted, drugged and killed by someone else.
“The Morphews have prayed the authorities would remove their blinders and not only find Suzanne, but find the suspect responsible for her disappearance and murder,” Eytan’s firm said in a statement on behalf of the family.
Investigators have said the couple had a troubled marriage. In an affidavit, they alleged Barry Morphew, an avid hunter and sportsman, was unable to control his wife, so he “resorted to something he has done his entire life - [to] hunt and control Suzanne like he had hunted and controlled animals.”
At the time, Barry Morphew said the last time he had seen his wife, she was asleep in bed. He also told investigators Suzanne Morphew had recently developed an interest in mountain biking. Deputies found her bike and bike helmet in two separate places, away from where her remains were discovered.
Eytan’s firm said authorities have not revealed to the Morphews whether bike clothes found with Suzanne Morphew’s remains have been tested for DNA.