CHAFFEE COUNTY, Colo. (KDVR) — On the fourth and final day of Barry Morphew’s preliminary hearing, a Chaffee County judge couldn’t decide if there is enough evidence to move forward with a trial.
A new hearing date to make that decision has been set up for Sept. 17 at 1:30 p.m.
Morphew has been charged with murder and is accused of killing his wife Suzanne, who went missing May 10, 2020. Her body has still not been found.
In court Tuesday, former Federal Bureau of Investigations Agent John Grusing was back on the stand. He said Morphew searched for Suzanne for three to five months, and said Morphew indicated it would “never” be OK to stop searching.
Morphew told his daughters about the affair Suzanne was having with another man, and told investigators it took him a few weeks to get over the affair and anger surrounding it.
“We are all sinners,” Morphew told Grusing. “I got on my knees and forgave her. I still love her.”
Grusing doubled down on his assessment that Morphew had been tracking Suzanne.
Judge Patrick Murphy said in open court there were too many objections coming from lawyers and said, “I need to get this hearing done.”
Murphy also said “I think it is well established that Suzanne Morphew was not happy in the marriage.”
Colorado Bureau of Investigations Agent Joseph Cahill testified about DNA collected at the scene.
A partial profile of DNA found on Suzanne’s glove box matched three unsolved sexual assaults in Phoenix, Chicago and Tempe, Arizona, but after checking with local agencies, there was no assurance it was a perfect match.
“It is my understanding that the partial did not match the two primary suspects from the Tempe case according to another detective,” Cahill said.
Forensic scientists confirmed to Cahill it was a potential lead, not a perfect match, Cahill explained.
Cahill said each of these sexual assault DNA leads did not arise for probable cause.
The judge said he would not make a decision on Tuesday. There were more than 20 hours of testimony over the four days of the preliminary hearing.