What's next for a possible criminal case now that Suzanne Morphew's remains have been found?

A frequent question we have seen pop up since Suzanne Morphew's body was found last Friday and confirmed Wednesday surrounds her estranged husband Barry Morphew and the possibility of his arrest for her murder. It's important to note at this time, the Colorado Bureau of Investigation has not stated if her case is a homicide investigation following the discovery of her body, and no arrests have been made. Still, the likelihood of a murder case further down the line is still very much a possibility.

Attorney Karen Steinhauser and Attorney Raj Chohan both weighed in on the developments of a case as legal experts for CBS Colorado. 

Chohan stated that even though Morphew's body could have been buried in the fields of Moffat for months or years at this point, investigators will be able to glean some new information from the remains, although it would be harder than if they had found her right after her cause of death. 

"There is probably some clothing, some other markings that are indicative of trauma or may suggest a cause of death," Chohan said. "Whether or not they can connect that to a specific suspect or defendant remains to be seen."

TIMELINE: Suzanne Morphew case: Timeline of events in the death of the Colorado mother

Steinhauser explained Barry Morphew could be arrested and charged again in this case as it was dismissed by the prosecution last year without prejudice, meaning he would not be in double jeopardy and in violation of the 5th Amendment. That being said, the evidence would need to point to him as a suspect, and the body may or may not actually do that. 

"Just the fact that a body is found doesn't necessarily mean it will be easier for the prosecution," Steinhauser said. "In some way, depending on what is found, it could be more helpful to the defense."

Regardless of what is found in the forensic autopsy, Steinhauser and Chohan agreed that it would be a while, maybe months before the next step of this case moves forward. 

"The prosecutor isn't really under any time constraints at this point and they are going to wait to see what the autopsy results are, waiting to see if there can be a cause of death if the coroner is able to pinpoint when the death took place. All of those things."

In the meantime, Barry Morphew's attorney has made it clear from statements to the press they believe their client is innocent in any part of the disappearance of his late wife.

RELATED: Suzanne Morphew's family shares statement after remains found more than 3 years after disappearance

We've posted the entire statement from Barry Morphew's attorney below:

The first and most important focus should be that the Morphews just learned that they lost their beautiful mother and wife after she disappeared 3 ½ years ago.  

What appears to be the overriding focus is a finger pointing right back where it started 3 ½ years ago:  a movement to blindly re-accuse Barry for Suzanne's death.

Here are the facts.  

According to the authorities, Suzanne Morphew was NOT found anywhere in the vicinity of her home, the town nearby, or the county she lived in.  She was found in Moffat, Colorado.  Moffat is 45 miles south and a 45-minute drive away from the Morphew home located in Maysville, Colorado. 

According to authorities who found Suzanne, her remains were found in a shallow grave in a dry desert field of sagebrush and natural grasses. Contrary to prior accusations, her remains were not found in a rocky mountainous region near her home, not in a location that was a "difficult spot" to get to, or near the home and impossible to get to due to being in a mine or under frozen tundra and buried under 6 feet of snow. 

Barry was the most scrutinized, dissected, surveilled individual, minute by minute, hour by hour using law enforcement cameras posted by his home, phone taps and GPS devices placed on his car – all during the time frame of her disappearance and the years following.  

At no time did the FBI, CBI, Chaffee County Sheriff's Office, or DA's Office pinpoint or even generally claim that Barry was in any area south of his home, near Moffat, or anywhere near Saguache County at any relevant time frame. It would be ludicrous for anyone to now try to fit the now-known facts to prior false assumptions and accusations. 

It was the Saguache County Officials who fortunately stumbled onto Suzanne's remains last week while looking for another missing woman, Edna Quintana.  Law enforcement officials that were supposedly looking for Suzanne, were never looking for Suzanne in the Moffat area or area South of Maysville, because they only focused in on Barry being the suspect.  And, they knew Barry was not South of Maysville, and certainly not 45 miles South. 

The authorities focused their search for Suzanne in the area near the Morphew home utilizing his phone and car forensics.  The authorities pointed to the locations where Barry was May 9 and 10, 2020.  Barry was in Salida (north of his home), or in or near his home, and then on May 10, 2020 at 5:00 a.m. drove to Broomfield, Colorado, a city 156 miles North of Maysville.  He was never south of the house, and that is why they did not search that area.  See FBI's map relied upon by the authorities about Barry's whereabouts on May 9 and 10, 2020.

The Morphew home, Barry's truck, Suzanne's and daughters' vehicles were immediately searched for evidence of human remains and Suzanne's blood using both forensics and dog sniff searches.  There was no forensic evidence of Suzanne's deceased body or blood in any of the vehicles.  

What needs to be done instead of pointing fingers at Barry Morphew, is asking the officials about the number of missing people and the number of human remains that have been recovered in or from Saguache County in the recent past.  

Whatever happened to Krystal Reisinger, Edna Quintana, Suzanne, the man whose remains were found by Saguache County Sheriff's office in the foothills on July 26, 2023, or the remains of the person found in another area in Saguache County last weekend (more info to come from authorities tomorrow).  What were the circumstances of their disappearances, what is the cause and manner of death of the remains found in the area, what happened to them, are they looking for other remains in this area? 

The public should demand answers about these five people who suspiciously went missing or were found dead in this area.  

The Morphew family and legal team believe that CBI, local law enforcement, and the local DA's office have a conflict of interest and should not be involved in the future investigation of Suzanne's death.  An objective and unbiased examination of Suzanne's death can only be conducted by an outside and independent team of investigators.

When law enforcement focuses in on one person and refuses to review evidence objectively and fairly, it is a disservice to the community and creates exactly what has come to light… years of unsolved murders.

Iris Eytan

Jane Byrialsen

Morphew Family and Civil Rights Attorneys