Barry Morphew, One-Time Murder Suspect In Wife Suzanne Morphew's Case, Says Prosecutors Should Be Disbarred

Suzanne Morphew’s husband — and one-time murder suspect accused of killing her — is demanding the prosecutors who originally brought charges against him to be disbarred for allegedly botching the investigation, according to newly filed court documents. 

A lawyer representing Barry Morphew is asking state officials in Colorado to investigate and "harshly" discipline prosecutors at the 11th Judicial District Attorney’s office who oversaw the homicide investigation related to the 2020 murder of his wife, Suzanne Morphew.

RELATED: Barry Morphew Murder Charges Dismissed Before High-Profile Trial Started

Suzanne vanished on Mother’s Day in 2020. She was last seen alive going for a bicycle ride. Barry was later arrested and charged in her killing. In April 2022, however, a judge dismissed all charges against Barry after prosecutors filed a motion requesting charges be withdrawn. Suzanne’s body was never found. No one has been arrested in connection with her death.

In an 83-page complaint filed with the Colorado Office of Attorney Regulation, Barry’s lawyer, Iris Eytan, accused District Attorney Linda Stanley of systemic negligence and numerous ethical violations in charging his client.

“Instead of abiding by their special prosecutorial ethical obligations to protect the presumption of innocence and to preserve and enhance the integrity and high standards of the bar, these prosecutors exhibited untrustworthiness and pursued a political agenda of locking up Mr. Morphew in response to a media frenzy that the prosecutors themselves helped create and perpetuate,” the complaint, obtained by Law&Crime, stated.

Eytan specifically seized on Barry’s premature arrest, while citing prosecutors’ withholding of exculpatory evidence in the failed case. He accused Stanley’s office of being motivated by political gain generated from the publicity of Suzanne’s mysterious death.

“[They] excused any evidence of innocence, concealed favorable evidence, manufactured evidence and opinions, and allowed witnesses to testify falsely,” the filing added.

Suzanne Morphew Photo: Chafee County Sheriff's Office

Prior to the case being tossed last year, District Court Judge Ramsey Lama also acknowledged that prosecutors, particularly, could have been more forthcoming in sharing discovery materials, noting the “continuing pattern” Stanley’s team displayed in routinely neglecting to turn over key discovery evidence ahead of the case’s trial.

“The Judges overseeing the case identified the prosecutors’ numerous blatant violations of court orders and discovery rules, including providing false information to the Court,” the complaint goes on. “After numerous court admonitions spanning nine months, the prosecution did nothing to correct, remediate, or alter its conduct.”

Notably, the filing accuses 11th Judicial District prosecutors of not being transparent regarding essential DNA evidence recovered from a bicycle helmet and other items belonging to Suzanne, which they’d initially hoped to tie to Barry. 

The DNA evidence, however, was later linked to an unknown male perpetrator and came back a partial match to unsolved sexual assault investigations in both Illinois and Arizona. According to the case’s judge, this information wasn’t immediately provided to the courts or Barry’s defense team.

“Notably, as of May 4, 2021, law enforcement had still not determined the source of the unknown male DNA found throughout the crime scene,” Lama then-stated. “The Affidavit failed to inform the judge of said DNA and that Barry Morphew was excluded as the source.”

Barry had previously suggested that his wife could have been fatally attacked by a mountain lion during the bike ride in which she vanished three years ago.

His lawyers are now demanding that Stanley and her team be disbarred for intentionally presenting case “falsehoods,” which went on to “became the legend and lore of the case,” according to Law&Crime. Prosecutors, they said, purposefully misled authorities to knowingly probe speculative and fruitless leads implicating Barry.

“[T]he real threat to the public remains as long as they are able to continue the practice of law without any significant discipline,” the complaint alleged. “This is not a series of oopsies or mistakes; there were too many not to be intentional, willful, and/or a knowing pattern of discovery and ethical violations. These prosecutors still believe they have done nothing wrong. They will continue to violate their ethical obligations, harm other people, until and unless the [Office of Attorney Regulation Counsel] disciplines them.”

In the sprawling complaint, Barry’s lawyers personally named Stanley, her former Chief District Attorney Investigator Alex Walker, Chief Deputy District Attorney Jeffrey Lindsey and Aaron Pembleton. The complaint also references other unnamed deputies who assisted in the investigation. The filing ultimately recommends state officials “harshly” discipline the 11th Judicial District Attorney’s office. 

“[Barry] was held for five months in a cage based on information that wasn’t true,” Eytan told the press during a fiery news conference on Tuesday. “She has a license to practice law more powerful than most other individuals in the country, she should have to answer for that. So yes, I don’t believe she should have a right to prosecute other human beings.”

Stanley’s office, meanwhile, which appeared caught off guard by Barry’s state-filed complaint, since declined to comment on the allegations.

“All individuals, whether facing a potential complaint against their professional license or facing criminal charges, are entitled to due process,” Stanley told Fox affiliate KDVR. “Because we have no information on the complaint alleged by Ms. Eytan, we cannot comment at this time.”

It’s not the first time Stanley has been embroiled in controversy related to her legal practices. In 2019, she was censured by the Colorado Supreme Court on separate misconduct accusations related to her private practice.