Judge Rules To Keep Barry Morphew's 130 Page Arrest Affidavit Sealed Until At Least September
CHAFFEE COUNTY, Colo. (CBS4) - District Court Judge Patrick W. Murphy ruled on Friday to keep Barry Morphew's 130 page arrest affidavit sealed until at least September. Barry is accused of murdering his wife, Suzanne Morphew, who was reported missing on May 10, 2020.
Judge Murphy ruled that releasing the affidavit could impede the defense's investigation and Barry Morphew's right to a fair trial. The order states that the affidavit contains inflammatory information that could be used to harass Barry and Suzanne's two daughters.
"These young women are in an unimaginable situation and should be given time to process what has occurred and the time to review, or decide not to review, the evidence alleged against their father," the order states.
The court also raised concerns about the time needed to redact the extensive amount of information included in the affidavit.
"The Affidavit is, by far, the lengthiest and most detailed affidavit the Court has ever seen in almost 30 years of experience with criminal cases," the order states. "A significant portion of the information in the Affidavit was not relevant to the Court's finding of probable cause and possibly not admissible at trial under the Colorado Rules of Evidence."
Morphew, who is now represented by the Eytan Neilson firm, appeared in court last month for a status hearing. The prosecution revealed the discovery in the case includes more than 10,000 pages of police reports, search warrants and other materials.
A complaint alleges Barry Morphew killed his wife between May 9 and 10, 2020, and tampered with the body during that time. It states Barry Morphew possessed a short rifle between May 9, 2020 and March 4, 2021. He was arrested on May 5.
Last year, Barry Morphew told CBS4's Jamie Leary that he believes Suzanne was abducted. Family members said Barry Morphew was out of town in Denver when Suzanne disappeared.
Morphew is charged with murder after deliberation, tampering with physical evidence, attempting to influence a public servant, tampering with a corpse and possession of a dangerous weapon.
The order states the affidavit will remain sealed until at least seven days after a proof evident/preliminary hearing scheduled across four days on August 9, 10, 23 and 24. At that point the judge will consider requests to unseal the affidavit.