Judge disqualified from Barry Morphew trial

SALIDA, Colo. (KRDO) -- The judge overseeing the case against Barry Morphew, the man accused of killing his wife, has been disqualified from the case because of a possible conflict of interest involving the counsel of a potential witness.

The order was released Thursday, according to Colorado Court records. Judge Patrick Murphy has now been disqualified and a replacement judge will need to be determined by the District Administrator.

The crux of the issue is one witness: Shoshana Darke, who is also described as Barry Morphew's girlfriend. According to a motion filed by the court, Darke's attorney is closely connected to Judge Murphy. The judge was already disqualified from a previous trespassing case against Darke that was recently dismissed for the same reason.

According to the motion, there's the possibility that Darke would be called as a witness in Morphew's trial, and she would have her counsel present. Murphy wrote in his order that the court may have to decide on legal issues like scope of immunity or scope of testimony. The judge says he must consider both "the actuality of the conflict [of interest] as well as the appearance of fairness," in making decisions, and he decided that he must disqualify himself based on the statutes and the Judicial Canon.

Morphew is awaiting trial for first-degree murder and other charges for the alleged killing of his wife, Suzanne Morphew. Suzanne was last seen on Mother's Day 2020, but her body hasn't been found.

You can read a full recap of what was revealed during the preliminary hearing at these links:
Aug. 9 - Court hearing reveals fights, affair in Morphew relationship

Aug. 23 - Apparent fingernail wounds found on Barry Morphew when wife was reported missing