11th Judicial District Attorney’s Office spent quarter of a million dollars on Morphew case

SAGUACHE COUNTY, Colo. (KRDO) -- Suzanne Morphew’s case could receive “new life” from a different prosecuting attorney after the 11th Judicial District Attorney’s Office spent nearly a quarter of a million dollars investigating and prosecuting Barry Morphew before dismissing charges against him.

On September 22, Suzanne Morphew’s body was found along Highway 17 south of Moffat in the 12th Judicial District. The discovery complicates the prosecution of the case if charges were ever filed again.

“In the interest of justice, quite frankly, this (case) should have a new start,” said Dennis Maes, the former Chief Judge of the 10th Judicial District Court.

Chaffee County woman Suzanne Morphew disappeared on Mother’s Day in 2020. Nearly a year later, her husband Barry Morphew was arrested and charged with first-degree murder, tampering with physical evidence, and attempting to influence a public servant, despite Suzanne’s body never being found.

The case, which was prosecuted by 11th Judicial District Attorney Linda Stanley, was quickly marred in controversy. Barry Morphew’s defense attorney, Iris Eytan, filed motions claiming the prosecution failed to hand over evidence to the defense — a violation of court rules in place to ensure a fair trial and prosecution.

Multiple complaints have been filed to the Attorney Regulation Counsel against Stanley and her office, including one by Eytan which alleges the district attorney’s office purposefully withheld evidence from the defense, including DNA, and misrepresented the truth.

Public records obtained by 13 Investigates show Stanley’s office spent more than $243,000 investigating and prosecuting the case, including expenses for outside attorneys, hotel stays in Salida, and multiple hard drives.

“Money's not the issue here,” Maes said. “Justice needs to be served in this particular case and whatever that cost is, that's what it is.”

Now on top of those expenses, the 11th Judicial District Attorney’s Office is facing a $15 million lawsuit from Barry Morphew for “malicious prosecution and fabricating evidence.”

In April 2022, Stanley dismissed the case against Barry without prejudice, hoping to refile charges when they found more evidence. In the dismissal motion, she claims law enforcement is close to discovering Suzanne’s body, specifically in a remote and mountainous region near the Morphew residence.

Now there is new evidence after law enforcement found Suzanne’s body on the side of the road in Saguache County while searching for a different missing woman, however it’s outside of Stanley’s jurisdiction, creating questions of how the investigation will be handled going forward and which taxpayers may foot the bill.

Although the 11th Judicial District previously prosecuted the case, Suzanne’s body was found in the 12 Judicial District. According to Colorado state law, the location of a trial is determined by where the death was inflicted, where the death occurred, and where the body was found.

“The body apparently was found in the 12th Judicial District, whereas the 11th Judicial District was the one that originally filed the murder charges,” said Henry Solano, the 3rd Judicial District Attorney. “If that's the case, it can technically be two different venues.”

Solano said if that is determined to be the case, 11th DA Linda Stanley and 12th DA Ann Kelly will likely work together with the Colorado District Attorneys’ Council to determine how to handle the case.

“It would be a collaborative effort and I assume and believe that they would make the decision based upon a number of different factors, including where the witnesses may be located, where the underlying evidentiary results in tests and other kinds of physical evidence may be, and as well as the capacity that each judicial district may have at the time in order to be able to take on such an important and potentially large case,” Solano said.

Dennis Maes, the former Chief Judge of the 10th Judicial District Court, said the discovery allegations and complaints against Stanley and her office should factor into the court venue decision. He said the 12th Judicial District should prosecute any future potential case.

“The fact that the initial investigation was botched in many ways and the fact that a new set of eyes can take a different look at this and determine whether or not charges will be filed against someone,” Maes said.

“They should not be wedded to any of the findings or any of the proceedings that occurred in the initial investigation,” he said. “It should be as if it was just starting brand new.”

Both Maes and Solano said it is possible special prosecutors from other districts or even the Colorado Attorney General’s Office will help with the case.

“There have been occasions in the past when local district attorney's offices have sought out the help of the state attorney general's office and in providing resources,” Maes said. “I would certainly at least explore that idea, particularly for these smaller jurisdictions.”

Both Stanley and Kelly didn’t respond to multiple requests for comment.