Suzanne Morphew and Barry Morphew appear in images distributed by the Sheriff’s Office in Chaffee County, Colorado.
Just over a year after the murder charges against him were dropped for the disappearance and death of his wife, Barry Morphew has challenged state agents, FBI agents, prosecutors, and local sheriffs to his “fame and reputation.” It filed a federal lawsuit for “irrevocably” tarnishing its reputation. “conspiracy to violate his state and federal constitutional rights.”
Alleging malicious prosecution, wrongful detention, fabrication of evidence, reckless investigation, failure to intervene, and conspiracy, Morphew, now 55, said law enforcement and prosecutors had “false, material omission, inaccuracy, Alleging that he ruined his life with an affidavit filled with “misleading statements.” No probable cause could be established for the alleged murder of his wife Suzanne Morphew, who went missing while riding his bike on Mother’s Day 2020.
“As a result of the defendant’s conduct, Barry was indicted, arrested, prosecuted, and his property seized for a crime he did not commit,” was filed Tuesday in federal district court for the District of Colorado by Fisher & Co. The lawsuit was filed by Byrialsen, PLLC, Samler & Whitson, PC, and Eytan Law LLC. “As a result of the defendants’ actions, Barry spent his five months in prison, approximately six months of severely restricted movement wearing a GPS ankle monitor, and nearly a year defending criminal charges. To this day, Barry’s property remains that of his CCSD.”
In April 2022, 11th Judicial District District Attorney Linda Stanley moved to dismiss the charges, even though prosecutors claimed investigators were “near” to discover Suzanne’s body. I was.
A nolle prosequi followed soon after the case’s “consistent” discovery violations angered District Court Judge Ramsey Rama. According to the judge, the “most obvious and egregious offense” was an unknown male’s DNA found in CODIS, the national DNA database maintained by the FBI, linked to a sexual assault in Chicago, Illinois. It was a sudden disclosure of innocence. , and in Phoenix and Tempe, Arizona. Its DNA was found in Suzanne’s car. Judges have highlighted a “negligible, near-reckless” pattern of discovery violations.
It is clear that there is a pattern of public-based discovery violations in this court in this case. . . . People’s first discovery-and-disclosure-related breach occurred on July 22, 2021, with Chief Justice Murphy still assigned to the case. These violations are ongoing and ongoing. As of March 30, 2022 — less than a month before the trial began, the court found another Rule 16 violation related to Doug Spence’s expert report. In hearings over the past eight months and over several days, the Court has identified a pattern of public disregard for the Court’s Rule 16 obligations, Court case management orders, and subsequent Court disclosure-related orders made on the record. I have witnessed. The Court has repeatedly pointed out that it never condones the behavior of the people. The behavior is recognizably consistent in the eyes of the court. Although the Court does not consider this pattern to be intentional based on the record for the reasons set forth below, the Court finds the pattern to be negligent and bordering on recklessness.
Prior to filing the civil suit, Barry Morphew’s legal team had already filed a lengthy ethics complaint with prosecutors, including the DA, calling for disciplinary action as severe as disqualification.
“The hidden evidence was remarkably innocuous. In December 2020, five months before Mr. Maupy was arrested, DA offices and law enforcement discovered the body of an unknown man recovered from Suzanne’s car. We learned that the DNA matched DNA from unsolved sex crimes across the country.This very innocent information was covered up, not included in the arrest warrant affidavit, and the arrest warrant was signed. It has been withheld from the judge who did it and was not mentioned by the prosecution at the preliminary hearing,” the complaint states.
The civil lawsuit was filed by Deputy District Attorneys Jeffrey Lindsey and Deputy District Attorneys Mark Hurlburt (prosecutors in the DA’s office), Chaffee County Sheriff’s Department, Sheriff John Spetze, Detective Robin Burgess, Deputy Randy Carikato, It places the blame on even more parties, such as Deputy Scott. Himscoot, Sergeant Claudette Hijrien, Sergeant William Plachner (Sheriff’s Office Investigator), Colorado Bureau of Investigation Agent John Camper, Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Kovac, Kirby Lewis, FBI agents Jonathan Grusing and Kenneth Harris, and 1-10 John/Jane do.
Barry Morphew, a father of two daughters in Colorado, says his name was forever ‘tarnished’ by claims he killed Suzanne in rage over her cheating and kept him out of the marriage. Barry said he had lost his home and his livelihood.
“Barry’s name and reputation have been irreparably damaged in Colorado and across the nation,” Filing said. “Barry was suffering from great distress and emotional distress, including but not limited to depression, severe anxiety, chest pain and insomnia. One of them was 17 years old when he was arrested and imprisoned.Barry suffered significant financial losses as a result of the defendant’s actions, including the loss of his home, business, savings and more.”
In May 2022, Barry Morphew told ABC News that he loves his daughter and wife.
“I just love my daughters and I love my wife,” he said. “And I just want her to be found.”
His daughters Mallory and Macy stood beside him.
“We know my father better than anyone, and we know he had nothing to do with my mother’s disappearance,” Mallory Morphew said, her sister Macy nodding. “The last few years have been the most difficult we have ever experienced.”
“We miss our mom and want her to find her,” she added.
Macy wanted the DA to “step up to the plate and do everything she could to find our mother.
The 12 civil rights complaints demand a jury trial, at least $15 million in damages, attorneys’ fees and costs, release of his property from law enforcement, and an order requiring the Chaffee County Sheriff’s Department to train and supervise its personnel. I am looking for To prevent similar decisions being made in the future that would lead to violations of individual constitutional rights and conspiracies to do so.”
Read the complaint and affidavit of claim on page 185. here.
