Barry Morphew’s request to have seized property returned was denied, search for Suzanne Morphew continues in Colorado

CANON CITY, Colo. (KKTV) - A Colorado man who was once facing murder charges tied to the disappearance of his wife tried to reclaim property that was seized by authorities.

A hearing for Barry Morphew took place in Fremont County on Tuesday. According to court documents, a motion to return property was filed May 26. Barry had his criminal charges tied to the disappearance of Suzanne dismissed on April 18. According to the motion, the prosecution has been in possession of Barry’s property for more than two years and, “there is no link between the property to the location or circumstances of Mrs. Morphew’s disappearance.”

A judge decided on Tuesday that the evidence would not be returned and denied the motion filed. Barry did not appear in court.

Suzanne was reported missing on Mother’s Day in 2020 in the Salida area. To date, her body has not been found. KKTV 11 News Reporter Jack Heeke went to Salida on Monday to speak with community members as the search for Suzanne continues. Even though months have passed following the disappearance of Suzanne, many people aren’t giving up hope. The Town of Salida has missing posters featuring Suzanne scattered throughout it.

Anyone with information on the disappearance of Suzanne is asked to call 719-312-7530.

The motion to get Barry’s property back was filed by his attorneys”

“We alleged in the motion the items should be returned to Barry as they are being unlawfully held for no legitimate purpose,” part of a statement from Morphew’s attorney Iris Eytan reads. “As the law recognizes, Barry is innocent and in this country we just don’t hold people’s property ad infinitum when there are no charges pending. As you recall, Ms. Stanley [the 11th Judicial District Attorney] dismissed the ‘no-body homicide’ because she suddenly believed (after two years) that a body was important in pursuing the charges against Barry. In April 2022, nine days before trial, Ms. Stanley represented they were about to get to Suzanne, but they were stymied by the 6 feet of snow that covered the ground. Of course, this was a false promise and the prosecution’s way to get out from under a trial that would have exonerated Barry.”

You can view the motion near the bottom of this article. 11 News has reached out to District Attorney Stanley for comment and is waiting to hear back. As of Sept. 27, DA Stanley has not returned any calls or emails to KKTV 11 News.

A motion filed on June 17 by the DA’s office in response to Barry’s request can be read at the bottom of this article. Among the response filed, the prosecution believes the seized items could be used as evidence in the future.

“... the People have a claim to all property seized for use in a future prosecution,” part of the motion filed by the DA’s office reads. “Further, no hearing need be held as the People are not looking to forfeit the property. To the contrary, we wish to hold it safe for a potential future prosecution.”

TIMELINE OF THE CASE:

- May 10, 2020: Suzanne Morphew reported missing.

- May 11, 2020: Search crews are called to the area she was believed to be in near hear Chaffee County home.

- May 15, 2020: Items belonging to Suzanne were found.

- May 17, 2020: Barry, the husband of Suzanne, shares a video with the public asking for help with finding her. It can be viewed at the bottom of this article.

- May 19, 2020: Authorities search the Morphew home.

- May 22, 2020: A separate residential property is searched, where a concrete foundation had just been poured

- May 5, 2021: Barry Morphew is arrested

-April 18, 2022 Murder charges dismissed

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