A man from Colorado, Barry Morphew, has had his lawsuit for malicious prosecution dismissed by a federal judge. The judge stated that while prosecutors acted poorly in the case, the authorities still had sufficient reason to arrest and charge him in connection with his wife’s death four years ago. Morphew had filed a lawsuit against several parties in May 2023 seeking $15 million in damages after charges accusing him of killing his wife, Suzanne Morphew, in May 2020 were dropped.
The lawsuit alleged that investigators fabricated evidence, conspired to charge him, conducted a negligent investigation, failed to follow up on some evidence, and withheld exculpatory evidence from the defense. Morphew was arrested in May 2021, before his wife’s body was discovered. U.S. District Court Judge Daniel D. Domenico acknowledged that there were loose ends in the investigation and too many unanswered questions at the time of Morphew’s arrest.
The judge noted that while prosecutors are ethically bound not to bring charges until they can prove them beyond a reasonable doubt, having probable cause to arrest and charge someone does not require the same level of proof. Domenico mentioned that proceeding with the charges against Morphew in 2021 was unwise but not necessarily unconstitutional. Despite claims of fabricated evidence and withheld exculpatory evidence, there was still evidence suggesting Morphew had motive, means, and opportunity to harm his wife.
Investigations revealed that Suzanne Morphew had expressed that her husband was abusive, they had frequent arguments, and she had informed him of her desire for a divorce shortly before she disappeared. Furthermore, it was found that Morphew began liquidating assets and engaging with another woman after his wife went missing. Morphew was also the last person to see his wife alive and provided conflicting statements about the events leading up to her disappearance, supporting probable cause for the charges against him.
The murder charge against Morphew was dropped in April 2022, just before the trial, due to the prosecution’s failure to present key witnesses and disclose exculpatory evidence. Colorado state regulators later ruled for the disbarment of District Attorney Linda Stanley for withholding evidence. Suzanne Morphew’s remains were discovered in September 2023, about 40 miles from her home, and her death was ruled a homicide in April following an autopsy that revealed tranquilizing drugs in one of her bones.
Barry Morphew remains a suspect in his wife’s death, as investigators found that he had used similar tranquilizers in the past. Morphew’s attorney claimed that evidence suggests Suzanne was abducted, drugged, and killed by someone else. The attorney also expressed frustration that prosecutors have immunity from civil damage suits, stating that this should be reevaluated. Judge Domenico also raised concerns about prosecutors having qualified immunity and emphasized that individuals accused of crimes deserve a fair process.