25 Mar Barry Morphew files motion to dismiss his murder trial
By Janon Fisher and Ruth Styles
The Daily Mail
March 25, 2022
Barry Morphew files motion to dismiss his murder trial because ‘cops and prosecutors LIED’ and their ‘falsehoods and cover-ups have destroyed his right to a fair trial’
‘Falsehoods and cover-ups’ by prosecutors have so tainted the murder case against Colorado landscaper Barry Morphew – charged with killing his estranged wife Suzanne – that the judge should toss the case, his lawyers claim in a motion to dismiss.
The nine-page motion, filed on March 9 and obtained by the Daily Mail, lays out five reasons that Morphew can’t get a fair trial because of allegedly false testimony presented by District Attorney Linda Stanley’s office.
The motion claims that cops lies about the reason Morphew was arrested on May 5, 2021 and falsified the Colorado Bureau of Investigation support for the arrest.
These falsehoods and cover-ups are already prejudicing Mr. Morphew's ability to litigate his motion to dismiss, they will inevitably find their way into the trial as the credibility of these prosecutors and law enforcement officers is challenged.
It also states that prosecutors filed pleadings with false information and failed to disclose DNA evidence – namely that swabs taken from the wife’s Range Rover that traced back to an Arizona sex offender.
Lastly, the motion suggests that lead investigator, Colorado Bureau of Investigations agent Joseph Cahill – who was forced to resign after he was caught lying to internal affairs on multiple occasions – was actually tossed from the case for another reason.
‘The District Attorney herself worked to remove the primary CBI investigator from the case because he would not testify regarding the CODIS matches according to her script which was crafted to mislead the court as the significance of the CODIS matches,’ the lawyers said in their motion referring to the Combined DNA Index System, is the FBI’s DNA database.
Defense attorneys, Iris Eytan, Jane Fisher-Byrialsen and Hollis Whitson, who penned the motion, don’t elaborate on what ‘script’ Stanley wanted Cahill to follow but the lawyers have complained that prosecutors omitted the potentially exculpatory DNA evidence from the sex offender.
Lawyers for Morphew promised that if the judge doesn’t dismiss the case, they will waste no time impeaching witness who have submitted contradictory testimony.