CHAFFEE COUNTY, Colo. (KDVR) — After three and a half hours in court on Tuesday, a hearing in the Barry Morphew case ended with additional hearing dates scheduled.
Morphew is charged with first-degree murder and other crimes in his wife Suzanne’s disappearance.
Morphew walked into court with his two daughters. His attorneys brought a number of allegations before a judge, claiming that there’s a “black hole” in the case when it comes to evidence pointing away from Morphew killing his wife.
Morphew’s attorneys are accusing the prosecution of keeping key evidence from the defense. One of his attorneys listed eight discovery items the defense believes they are missing claiming this is an “egregious pattern” causing “fraud on the court.”
The attorney brought up missing conversations between law enforcement and the district attorney’s office as well as emails that discussed DNA in the case. Specifically, Morphew’s attorney questioned witnesses about DNA evidence found on Suzanne’s car glove box, potentially linking an unknown male involved in three sexual assaults in two other states.
One of the witnesses questioned, Colorado Bureau of Investigation Agent Megan Duge, explained that when they were compiling information for defense attorneys it was revealed that a letter for a match notification that usually comes from CBI was not handed out. Prosecutors argued that this was a software glitch. Prosecutors deny any fraud on the states’ behalf and explained that they are working with additional staff and resources to reorganize all discoveries in the case. A prosecuting attorney told the judge that the defense should get full discovery next Wednesday.
The next time Morphew will be in court will be Tuesday, Dec. 14 at 1 p.m. to continue the hearing about discovery violations. Additional hearings are set for Jan. 24, 25 and Feb. 1.