Judge denies Barry Morphew’s request to have property seized during wife’s disappearance investigation returned

FREMONT COUNTY, Colo. (KRDO) -- The Fremont County man who was once facing murder charges related to his missing wife was in court Tuesday. This time, Barry Morphew was trying to get his belongings that were taken during the investigation into Suzanne Morphew's disappearance.

The judge, however, denied that request, saying the items are being held in case of further prosecution. Morphew's attorney argued that he was wrongfully arrested in 2020, was held without bond for five months, and was the subject to numerous prosecutorial errors while litigating the case.

The Fremont County District Attorney's office said, "I would hate to give away a murder weapon," during Tuesday's hearing.

The DA's office said the refiling of charges is "not predicated on finding Suzanne's body."

The murder case against Morphew was dismissed in April without prejudice, meaning he can be retried for his wife's murder.

Suzanne disappeared on Mother's Day of 2020. Her body has never been found. The DA's office says law enforcement has been and still is, searching for her.