Barry Morphew’s attorneys ask decide to drop homicide case towards Colorado husband

‘Falsehoods and cover-ups’ by prosecutors have so tainted the homicide case towards Colorado landscaper Barry Morphew – charged with killing his estranged spouse Suzanne – that the decide ought to toss the case, his attorneys declare in a movement to dismiss.  

The nine-page movement, filed on March 9 and obtained by the Every day Mail, lays out 5 causes that Morphew cannot get a good trial due to allegedly false testimony introduced by District Lawyer Linda Stanley’s workplace.

The movement claims that cops lies in regards to the motive Morphew was arrested on Could 5, 2021 and falsified the Colorado Bureau of Investigation help for the arrest.

It additionally states that prosecutors filed pleadings with false data and did not disclose DNA proof – particularly that swabs taken from the spouse’s Vary Rover that traced again to an Arizona intercourse offender. 

Lastly, the movement means that lead investigator, Colorado Bureau of Investigations agent Joseph Cahill – who was compelled to resign after he was caught mendacity to inside affairs on a number of events – was truly tossed from the case for one more motive. 

‘The District Lawyer herself labored to take away the first CBI investigator from the case as a result of he wouldn’t testify relating to the CODIS matches based on her script which was crafted to mislead the court docket as the importance of the CODIS matches,’ the attorneys mentioned of their movement referring to the Mixed DNA Index System, is the FBI’s DNA database. 

Protection attorneys, Iris Eytan, Jane Fisher-Byrialsen and Hollis Whitson, who penned the movement, do not elaborate on what ‘script’ Stanley needed Cahill to comply with however the attorneys have complained that prosecutors omitted the possibly exculpatory DNA proof from the intercourse offender.  

Attorneys for Morphew promised that if the decide does not dismiss the case, they may waste no time impeaching witness who’ve submitted contradictory testimony. 

‘These falsehoods and cover-ups are already prejudicing Mr. Morphew’s capability to litigate his movement to dismiss, they may inevitably discover their means into the trial because the credibility of those prosecutors and regulation enforcement officers is challenged,’ they wrote of their movement. 

Suzanne Morphew, who has two daughters with Barry Morphew, went lacking on Mom’s Day 2020 and has by no means been discovered.

A 12 months after her disappearance prosecutors filed a 131-page affidavit that prosecutors say lays out the proof that factors to Barry Morphew being the killer. 

They declare that the husband knocked his spouse out with a tranquilizer dart, killed her after which dumped her physique round an outdated mine. 

Eytan, Fisher-Byrialsen and Hollis claimed that investigators deliberately omitted  DNA proof from the automobile that belonged to an Arizona intercourse offender. Investigators additionally discovered his DNA in Suzanne Morphew’s bike, helmet, automobile and bedsheets. 

Morphew’s attorneys mentioned the case has been riddled with errors and there’s ‘substantial proof that regulation enforcement personnel testified falsely, and the prosecutor introduced false testimony.’

‘This conduct has destroyed Mr. Morphew’s proper to a good trial,’ the attorneys write of their movement to dismiss the case.  

Aattorney on the protection crew Dru Nielsen argued in January that the prosecution was tainting the jury pool for the homicide case by unsealing reams of court docket paperwork supporting their homicide costs.

‘The DA’s workplace did this with a target market that’s not the decide. They wrote this to sway court docket of public opinion and taint a jury pool,’ Nielsen mentioned. ‘It’s crucial to protect his proper to a good trial. Launch of this may injury his capability to get a good trial.’

In one other fumble, throughout a February 24 listening to, the prosecutor confirmed as much as the listening to half-hour late and had failed to satisfy deadlines on witness lists that the decide had set, based on NBC Information 9.  

Cahill has since spoken out and condemned the investigation, saying the arrest of Morphew was ‘untimely,’ based on court docket paperwork. 

The protection attorneys wrote that Cahill ‘said the case was not remotely prepared for anyone to maneuver the case ahead’ when he was being interviewed by Inner Affairs on December 2 for unintentionally firing his weapon whereas he was off-duty and at house.

In addition they declare within the paperwork that Cahill and his accomplice, Agent Derek Graham, had expressed their issues in regards to the case to their superiors – however they have been finally ignored.

And, they declare, the prosecutors withheld ‘exculpatory proof’ from the court docket throughout the preliminary listening to charging Barry for Suzanne’s homicide. Additional particulars on what that proof is have but to be shared, though protection beforehand accused prosecutors of omitting DNA proof from disclosure.  

If that proof had been accessible on the time, Barry’s protection attorneys, Iris Eytan and Hollis Whitson, ‘it’s sure that possible trigger wouldn’t have been discovered.’ 

The court docket paperwork state that Cahill had repeatedly introduced up issues about Barry Morphew’s arrest one 12 months after Suzanne went lacking on Could 10, 2020.

He reportedly informed the Inner Affairs investigator that after placing the case collectively for a 12 months, he noticed an ‘erosion of framework’ whereas he was in school and off the case from March by way of Could of 2021, KDVR studies.

The report mentioned that on August 24, 2021, throughout the preliminary listening to testimony, Cahill claimed he solely learn 9 pages of the Morphew arrest affidavit. On the time, Inner Affairs requested revisions to the affidavit, paperwork confirmed. 

Nonetheless, Inner Affairs claimed that a number of requests have been made to Cahill for revisions to the affidavit between August 24, 2021 to January 25, 2022. 

Then when Cahill and Graham’s supervisors, CBI Deputy Director Chris Schaefer and an Agent Kemper spoke with Chaffee County Sheriff John Spezze about their issues, Barry’s protection attorneys say, they have been finally ignored. 

‘Mr. Cahill said that Sheriff Spezze didn’t heed CBI’s recommendation or opinions, and moved ahead with Mr. Morphew’s arrest,’ the court docket paperwork launched on Tuesday declare. 

‘Mr. Cahill summed up by saying it ‘is what it’s.”

In a rebuttal to the submitting, the prosecution characterised the decision for the dismissal of the case and trial as ‘utter nonsense,’ saying Cahill has been ‘completely discredited.’

Prosecutors contend they’ve produced tens of 1000’s of pages of discovery and hours of video recordings, and says the protection has ‘stopped making an attempt to discuss with the Folks as their final request for discovery was made on to the Courtroom.’ 

Prosecutors have mentioned Barry had murdered his spouse utilizing animal tranquilizer, after investigators discovered a dart gun close to the place she went lacking.

They claimed that the animal tranquilizer killed Suzanne and that Barry had coated his tracks by disposing of her physique – probably within the distant Garfield Mine – and pointed to his cellphone being positioned in airplane mode repeatedly over the weekend of Could 9 and 10 as proof. 

The prosecution additionally famous that he had left a Vacation Inn lodge room in Broomfield, Colorado, reeking of chlorine – a improvement first reported by DailyMail.com in September 2020.

However Barry’s protection attorneys declare that when investigators discovered the dart rifle, it was inoperable and had not been utilized in a very long time. 

Cahill’s popularity has been known as into query in latest months.

He resigned from the CBI in December amid an inside affairs investigation into the unintended discharge of a gun whereas he was off-duty and in his own residence. Cahill sustained a self-inflicted gunshot wound to the hand in consequence.

John Camper, the director of the CBI, known as Cahill’s actions coping with his service weapon ‘careless or imprudent’ within the aftermath, and an Inner Affairs memo obtained by 9 Information states that Morphew lied to investigators trying into what occurred.

‘I discover that he was deliberately deceptive in his statements,’ the Inner Affairs doc from December 14 reads. ‘I’m truly extra troubled by the lengths he went to as a way to help the falsehood.

Ultimately, Inner Affairs discovered that Cahill was trying to take away a gun gentle he had purchased from his CBI-issued weapon as a result of he was planning to resign from the service that day.

They mentioned he purchased a brand new gun gentle in an try and cowl up his lie when he was interviewed by one other CBI agent, and earlier than admitting the reality ‘Cahill initially lied on 4 events upon being particularly requested when he bought the brand new gun gentle earlier than correction.’