CO - BARRY ARRESTED AGAIN - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* *found in 2023* #119

[Kemug]

Even if he didn't brag, he may have said too much for which, as we know, he has a propensity. Another version of events. More crazy fiction, more animal crackers. Held up against prior configurations might be quite illuminating. Multiple lies have a way of isolating the very truth the lies are trying to obscure. Just like blaming chipmunks and elk herds confirmed a stampede of facts, despite his animated attempt to dodge the very same.

JMO

Barry brag? Barry brag?? Surely you jest??!

 

[MassGuy]

I love the inculpatory facts that were included in this filing, although I would have included Suzanne’s phone last pinging around the time he was leaving the house, and never communicating with a tower ever again:

 

[Chelly]

^^^

MassGuy's list of inculpatory facts above is a keeper.

 

[MassGuy]

^^^

MassGuy's list of inculpatory facts above is a keeper.

It left out things too:

Lying to the Ritters about where he was and who he was with (in the hotel and not at the wall with workers).

Telling CBI that he traveled back and forth to the wall all day, when he went there once and spent the rest of the time in his room (minus the trash dumping).

I do look forward to Shoshona testifying, and nailing him on this lie:

 

[Seattle1]

Malicious prosecution claims fail for man charged with murdering wife

Barry Morphew, who has been charged in two different Colorado counties with the Mother's Day 2020 murder of his wife, tried to sue one of the investigative teams over what he called a faulty arrest affidavit.

courthousenews.com

4/6/26

DENVER (CN) — A 10th Circuit panel on Monday affirmed a lower court’s dismissal of malicious prosecution claims a man filed against the first county to charge him with his wife’s murder.

“We discern no error in the district court’s conclusion that Mr. Morphew’s allegations do not plausibly state a lack of probable cause,” wrote U.S. Circuit Judge Veronica Rossman in a 41-page opinion.

[..]

On May 2, 2023, Morphew sued Chaffee County officials who investigated the case and contributed to what he called a faulty arrest affidavit. Morphew asked the court to award $15 million in damages and order law enforcement to release his property — including family photos and expensive hunting scopes.

U.S. District Judge Daniel Domenico, appointed by Donald Trump, dismissed the case on Sept. 24, 2024. Morphew appealed.

While the 10th Circuit reviewed Morphew’s civil case, prosecutors in Colorado’s 12th Judicial District Attorney’s Office filed new murder charges against him in June 2025 based on the discovery of Suzanne’s body in Saguache County in September 2023. Morphew has pleaded not guilty and is expected to stand trial in October.

[..]

However, the 10th Circuit considered neither the second round of murder charges nor the discovery of Suzanne Morphew’s remains, instead limiting their review to the lower court’s analysis of Morphew’s first arrest in Chaffee County in 2021. Though Domenico noted deficiencies in the initial pursuit of Morphew, the 10th Circuit agreed with his finding that Chaffee County’s missteps weren’t illegal.

“Notably, the dismissal order is replete with observations about alleged misconduct by the defendants and the mishandling of the state criminal investigation,” said Rossman, a Joe Biden appointee. “Still, as the district court correctly observed, the legal standard for an arrest does not require the same level of certainty as that for a conviction.”

U.S. Circuit Judges Scott Matheson and Gregory Phillips, both Barack Obama appointees, joined the panel’s opinion.

Morphew was represented on appeal by attorney David Fisher of Fisher & Byrialsen in Denver. In state court, his defense is led by attorney David Beller at Recht Kornfeld in Denver. Neither attorney immediately responded to a request for comment.

 

[scapa]

Malicious prosecution claims fail for man charged with murdering wife

Barry Morphew, who has been charged in two different Colorado counties with the Mother's Day 2020 murder of his wife, tried to sue one of the investigative teams over what he called a faulty arrest affidavit.

courthousenews.com

4/6/26

DENVER (CN) — A 10th Circuit panel on Monday affirmed a lower court’s dismissal of malicious prosecution claims a man filed against the first county to charge him with his wife’s murder.

“We discern no error in the district court’s conclusion that Mr. Morphew’s allegations do not plausibly state a lack of probable cause,” wrote U.S. Circuit Judge Veronica Rossman in a 41-page opinion.

[..]

On May 2, 2023, Morphew sued Chaffee County officials who investigated the case and contributed to what he called a faulty arrest affidavit. Morphew asked the court to award $15 million in damages and order law enforcement to release his property — including family photos and expensive hunting scopes.

U.S. District Judge Daniel Domenico, appointed by Donald Trump, dismissed the case on Sept. 24, 2024. Morphew appealed.

While the 10th Circuit reviewed Morphew’s civil case, prosecutors in Colorado’s 12th Judicial District Attorney’s Office filed new murder charges against him in June 2025 based on the discovery of Suzanne’s body in Saguache County in September 2023. Morphew has pleaded not guilty and is expected to stand trial in October.

[..]

However, the 10th Circuit considered neither the second round of murder charges nor the discovery of Suzanne Morphew’s remains, instead limiting their review to the lower court’s analysis of Morphew’s first arrest in Chaffee County in 2021. Though Domenico noted deficiencies in the initial pursuit of Morphew, the 10th Circuit agreed with his finding that Chaffee County’s missteps weren’t illegal.

“Notably, the dismissal order is replete with observations about alleged misconduct by the defendants and the mishandling of the state criminal investigation,” said Rossman, a Joe Biden appointee. “Still, as the district court correctly observed, the legal standard for an arrest does not require the same level of certainty as that for a conviction.”

U.S. Circuit Judges Scott Matheson and Gregory Phillips, both Barack Obama appointees, joined the panel’s opinion.

Morphew was represented on appeal by attorney David Fisher of Fisher & Byrialsen in Denver. In state court, his defense is led by attorney David Beller at Recht Kornfeld in Denver. Neither attorney immediately responded to a request for comment.

Excellent news -- chalk one up for the chipmunks!

Hoping this adds a bit of momentum to the upcoming trial.

 

[Love Never Fails]

The U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of Barry Morphew’s civil rights lawsuit.

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111412980.pdf

This is great news. Thanks!

 

[Love Never Fails]

It left out things too:

Lying to the Ritters about where he was and who he was with (in the hotel and not at the wall with workers).

Telling CBI that he traveled back and forth to the wall all day, when he went there once and spent the rest of the time in his room (minus the trash dumping).

I do look forward to Shoshona testifying, and nailing him on this lie:

View attachment 657500

Yes Barry we all understand how you were at Shona’s late at night just talking. Sure.

 

[lonetraveler]

I love the inculpatory facts that were included in this filing, although I would have included Suzanne’s phone last pinging around the time he was leaving the house, and never communicating with a tower ever again:

View attachment 657484View attachment 657485View attachment 657486

Wow @MassGuy You've done a fantastic job putting this together.

 

[Tragg]

The U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of Barry Morphew’s civil rights lawsuit.

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111412980.pdf

Thanks for this!!!

So thorough! So well grounded in precedent!

The time limit for filing a petition for Supreme Court review is 90 days from the entry of the 10th Circuit's judgment. Mootrphew and his attorneys would seem to be fully occupied at the moment. Any guesses as to whether Morphew will continue this case?

What about requesting a Presidential pardon? A Colorado criminal has received a pardon for her state conviction and argued that it should absolve her. How about Morphew? After all, he's just a fellow alpha male, rightly eliminating an uppity woman from the population... Possible??

 

[Monty Ma]

The U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of Barry Morphew’s civil rights lawsuit.

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111412980.pdf

"Such "unadorned, the-defendant-unlawfully-harmed-me accusation" do not meet the plausibility standard."

The legal language and case law can be a bit challenging to sift through at times. In this case, the above quote just lands so nicely.

 

[MrsWatson]

It takes two to tango, and this is a career making case for Anne Kelly. I can’t imagine her putting that offer on the table.

Just to clarify, I don't think the Alford Plea would be on the suggestion of the prosecution. I think the defense may be encouraging BM to offer it and then the prosecution will have a good chuckle and reiterate the trial date.

 

[mrjitty]

Good to see Iris's scam lawsuit get trashed via pre-trial strikeout.

Obviously it never could have gone to trial given Barry's criminal exposure. No way he could deliver a depo on the left turn or the chipmunk hunt or dozens of other lies he told.

 

[Tragg]

Just to clarify, I don't think the Alford Plea would be on the suggestion of the prosecution. I think the defense may be encouraging BM to offer it and then the prosecution will have a good chuckle and reiterate the trial date.

I don't think the prosecution or the judge would accept a plea that did not include an admission of guilt.

If Morphew makes an offer it seems likely to be an admission to a story that omits the element of deliberation and/or intent: "She said something/did something that triggered a blind rage, and I went after her with the BAM not intending to kill her but to subdue her and rape her."

Offer manslaughter, take second degree murder.