Barry Morphew’s defense attorneys file motion of dismissal

SALIDA, Colo. (KRDO) -- Tuesday, a February 9 motion to dismiss the murder case against Barry Morphew was unsealed.

Morphew, 54, is accused of killing his wife, Suzanne Morphew. Suzanne disappeared on Mother's Day 2020, her body was never found.

The motion reads, "under the circumstances of this case, no remedy short of dismissal is appropriate."

According to additional court documents, Morphey's defense attorneys share information from a December Internal Affairs interview with one of the two lead investigators on the case. According to court documents, the investigator said arresting Morphew was "the worst decision that could have been made."

The motion goes on to say, "It is abundantly clear that had the prosecution not intentionally withheld massive amounts of exculpatory evidence prior to the Preliminary Hearing, probable cause would not have been found. The only just remedy is dismissal of the case."