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Barry Morphew will sue investigators who allege evidence found on dead woman was omitted from his case

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A Colorado man accused of murdering his wife plans to sue federal, state and local prosecutors and investigators for “extreme and outrageous behavior” after they allegedly withheld evidence about her disappearance and death.

Barry Morphew, 53, was arrested in May this year and charged with the murder of his wife, Suzanne, 49, who disappeared on Mother’s Day 2020. Her body was never found.

Barry is represented by the Denver-based law firm of Fisher & Byrialsen, PLLC, which plans to file a civil suit against 26 individuals associated with the Chaffee Police Department, the 11th Judicial District Attorney’s Office, the Colorado Bureau of Investigations and the FBI, according to ABC 7 documents obtained from the law firm.

The lawyers allege that investigators deliberately omitted evidence of DNA from an alleged sex offender found in Suzanne Morphew’s bicycle, helmet, car and sheets.

They also claim evidence was omitted about the dart gun Barry allegedly used to incapacitate his wife — it was actually unusable at the time of the murder, lawyers say.

Barry and Suzanne Morphew are pictured together. Barry is accused of murdering Suzanne who disappeared on Mother’s Day 2020

Barry's defense has filed a lawsuit against 26 individuals in the investigation and prosecution of the case, alleging they deliberately found evidence found at the crime scene.

Barry’s defense has filed a lawsuit against 26 individuals in the investigation and prosecution of the case, alleging they deliberately found evidence found at the crime scene.

The lawsuit alleges that investigators and prosecutors withheld evidence of DNA from an alleged sex offender found in Suzanne's property.  Pictured, FBI and CBI officials on the ground in 2020

The lawsuit alleges that investigators and prosecutors withheld evidence of DNA from an alleged sex offender found in Suzanne’s property. Pictured, FBI and CBI officials on the ground in 2020

In a 131-page letter about the upcoming trial, Barry’s attorney claims that DNA evidence found in Suzanne’s car and home matches “the same profile as a single or multiple individuals across the country involved in sexual assault cases.”

According to the law firm, Chafee County Deputy District Attorney Jeff Lindsey tracked the evidence to a man in Phoenix, Arizona, but officials did not follow up after the man refused to cooperate and become a lawyer.

The DNA evidence was not presented at a preliminary hearing on the case and omitted from the affidavit for Barry’s arrest, the lawyers claimed.

The lawyers also questioned certain details that had been omitted from the stun gun found at the scene.

Barry stayed at a luxury Airbnb in nearby Maysville for three weeks after paying a $500,000 cash bail prior to his murder trial

Barry stayed at a luxury Airbnb in nearby Maysville for three weeks after paying a $500,000 cash bail prior to his murder trial

The Morphew family home can be seen above.  Morphew sold the house to new owners in March

The Morphew family home can be seen above. Morphew sold the house to new owners in March

Suzanne Morphew went missing in May 2020 and Barry had begged her to return home via video messages.  He thought she could have been attacked by a mountain lion

Suzanne Morphew went missing in May 2020 and Barry had begged her to return home via video messages. He thought she could have been attacked by a mountain lion

Investigators had said that while Suzanne was messaging Jeff Libler, a man she had had an affair with for two years, Barry allegedly shot Suzanne with a tranquilizer gun to knock her out.

Prosecutors alleged that the animal anesthetic killed Suzanne and that Barry covered his tracks by disposing of her body — possibly at the remote Garfield mine.

Barry’s defense claims that when investigators found the dart gun, it was unusable and hadn’t been used for a long time.

They ultimately claim that this important information was intentionally omitted from the affidavit of arrest.

Prosecutors and investigators have not yet commented on the lawsuit and the allegations.

Barry was arrested in May 2021 and later released in September with $500,000 bail.

He stayed in a $2,000 luxury Airbnb with the company of his girlfriend, Shoshona Darke, 51, as he awaits his trial.

Prosecutors are demanding that Morphew move to his girlfriend's house in Salida, which he is allegedly paying for.  The two-bedroom property is also closer to the Chaffee County Courthouse, where Morphew will face trial in May, and will allow for easier GPS tracking under the plaintiff's motion

Prosecutors are demanding that Morphew move to his girlfriend’s house in Salida, which he is allegedly paying for. The two-bedroom property is also closer to the Chaffee County Courthouse, where Morphew will face trial in May, and allows for easier GPS tracking under the plaintiff’s motion

Prosecutors have complained that the Airbnb is far too close to the site of the alleged murder and that of witness and neighbor Jean Ritter, whom Barry is not allowed to contact.

It was Ritter, 73, who reported Suzanne, 49, missing on May 10, 2020 after reaching out to her daughters Mallory, 21, and Macy, 18, when they couldn’t get a hold of her to wish her a happy Mother’s Day .

Ritter also told police that she had coffee with Suzanne on May 6 — three days before she was last seen alive — and that the mother of two had appeared cheerful.

After Suzanne disappeared, Barry initially claimed that his wife could have been taken by a mountain lion and released a tearful video begging her to come home.

But in May, he was arrested and charged with first-degree murder and was told he would stand trial after a four-day preliminary hearing.

During the hearing, it was revealed that Suzanne had been having an affair with the married father of six Libler for two years, while Barry was caught visiting pornography site Celebrity Jihad and the infamous dating website Ashley Madison.

Prosecutors said the landscaper killed his wife using animal tranquilizers.

They also pointed out that Morphew’s phone was repeatedly put into airplane mode over the weekend of May 9 and 10, citing data from his truck showing that he had repeatedly opened and closed its doors in the early hours of May 10.

The prosecution also noted that he had left a Holiday Inn hotel room in Broomfield, Colorado that reeked of chlorine — a development first reported by DailyMail.com in September 2020.

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