Morphew trial: Defense alleges evidence 'black hole' as Suzanne's lover, Barry's alleged girlfriend to testify
Barry Morphew's lawyers accused prosecution of hiding evidence
{{#rendered}} {{/rendered}}The defense team for Barry Morphew, charged with murdering his still missing wife, Suzanne Morphew, told a Colorado courtroom Tuesday there's a "black hole" in the case, arguing there's evidence pointing to other possible suspects in the disappearance of the missing mother of two.
Tuesday's motion hearing in the case in Chafee County came a day after 11th Judicial District Judge Patrick Murphy released the entire case file Monday. Hundreds of pages detail the back-and-forth between prosecutors and defense lawyers over multiple issues, including a partial match of DNA recovered from Suzanne's glovebox pointing to a registered sex offender living in another state.
BARRY MORPHEW CASE FILE RELEASED; REVEALS SPARRING BETWEEN DEFENSE, PROSECUTORS
{{#rendered}} {{/rendered}}Morphew was accompanied walking in and out of the courthouse Tuesday by the two daughters he shared with Suzanne — Macey and Mallory Morphew. Each daughter held an arm of their father, showing support as their mother remains missing.
Included in the released court documents is also a list of witnesses the prosecutors have requested to testify during the trial, which is scheduled to begin in May 2022. On the list are Suzanne and Barry's two daughters; Suzanne's ex-lover, Jeff Libler, and Barry's new alleged girlfriend, Shoshona Darke. Libler, Suzanne and Barry all went to high school together in Indiana, and investigators previously testified that Libler, who is married himself, and Suzanne had maintained a long-distance affair for several years. Darke was recently arrested for allegedly trespassing at the home where Suzanne and Barrry Morphew lived at the time Suzanne disappeared. Surveillance footage showed Darke removing a package from the doorstep.
Barry and Suzanne Morphew. A Colorado judge on Monday released hundreds of pages containing Barry Morphew's case file. (AP)
In the hearing Tuesday, the defense began by saying, "There is a black hole in this case when it comes to any evidence pointing away from Barry Morphew killing his wife Suzanne," Fox 21 reported.
{{#rendered}} {{/rendered}}Morphew’s attorney, Iris Eytan, listed eight discovery items the prosecution has not yet produced to the defense team, including Suzanne’s HP laptop, expert opinions regarding DNA matches and written communication between the 11th Judicial District Attorney’s Office and law enforcement agencies.
The back-and-forth centered around three possible DNA matches from swabs collected from Suzanne’s glovebox, as the defense questioned whether investigators followed up on leads or presented their findings to the court. There was no mention Tuesday of a planned lawsuit by Morphew’s civil attorneys, who might sue prosecutors and law enforcement for alleged malicious prosecution and false arrest.
Murphy said Tuesday he did not find any potential exculpatory evidence was withheld from the defense. Motions by the state argued that evidence of any partial DNA matches from Suzanne’s glovebox had already been presented as court exhibits in a filing submitted on Aug. 3.
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The defense is also seeking evidence from a game camera set up by the prosecution on the property of the Maysville, Colorado, home where the Morphews lived when Suzanne went missing May 10, 2020. Another motion hearing is scheduled for Dec. 14.
Fox News' Louis Casiano contributed to this report.