Barry Morphew’s attorneys want judge disqualified ahead of murder trial

SALIDA, Colo. (KRDO) -- The attorneys for Barry Morphew, the man accused of killing his wife who disappeared on Mother's Day of 2020, filed a motion Monday to ask a different judge to preside over his murder trial.

The motion alleges that Judge Patrick Murphy is too close of friends with the attorneys for a woman named Shoshona Darke, who has been romantically linked to Morphew following his wife's disappearance.

Suzanne Morphew's body hasn't been found. Prosecutors allege that Barry killed her after discussing divorce and having several fights with her.

Darke is facing misdemeanor charges for trespassing after surveillance footage captured her picking up a package from Morphew's old residence that is now owned by a new family. It appears the package was delivered there in error after Morphew was granted bond.

As Darke is a potential witness in Morphew's murder trial, his defense team filed a motion alleging that there is a conflict of interest if Judge Murphy presides. Darke's attorneys, who are friends with Judge Murphy, will have to be present in the courtroom for her testimony.

Judge Murphy was originally slated to preside over Darke's trespassing trial as well, but he recused himself after learning who would be representing her.

It's up to Judge Murphy to make that decision and rule whether it would be fair for him to preside over the case. As there are only two other judges in the county, it's possible a retired judge would have to be brought in for the case. It's possible that this would cause a trial delay, which would give Morphew more time out on bond before the trial begins.

Click this link for a recap of what we learned during preliminary hearings in August.