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

[Smelly Squirrel]

Redacted intervenors have filed a motion to release Suzanne's remains. I can't tell which side of the family this is from, but maybe somebody else knows. Their attorney is Roberta Nieslanik.

Feb 20, 2026 Motion to Intervene and for Order to Show Cause and Temporary Restraining Order (PDF, 486.15 KB)

 

[DizzyB]

Redacted intervenors have filed a motion to release Suzanne's remains. I can't tell which side of the family this is from, but maybe somebody else knows. Their attorney is Roberta Nieslanik.

Feb 20, 2026 Motion to Intervene and for Order to Show Cause and Temporary Restraining Order (PDF, 486.15 KB)

Intervenors are still listed on the bottom of the doc?

 

[Ontario Mom]

Redacted intervenors have filed a motion to release Suzanne's remains. I can't tell which side of the family this is from, but maybe somebody else knows. Their attorney is Roberta Nieslanik.

Feb 20, 2026 Motion to Intervene and for Order to Show Cause and Temporary Restraining Order (PDF, 486.15 KB)

Page 3 is unredacted under the attorney's name at the bottom and names the intervenors.

 

[Smelly Squirrel]

Oh yeah, it's Macy and Mallory, but misspelled as Malory. Oops on that attorney, and oops on the court for missing that redaction.

It does make sense it was that side of the family. moo

 

[Niner]

Redacted intervenors have filed a motion to release Suzanne's remains. I can't tell which side of the family this is from, but maybe somebody else knows. Their attorney is Roberta Nieslanik.

Feb 20, 2026 Motion to Intervene and for Order to Show Cause and Temporary Restraining Order (PDF, 486.15 KB)

I was just going to say - they forgot to redact page 3....

 

[fcavanaugh]

Oh yeah, it's Macy and Mallory, but misspelled as Malory. Oops on that attorney, and oops on the court for missing that redaction.

It does make sense it was that side of the family. moo

Thanks for posting the info @Smelly Squirrel.

I noticed there’s also an error on page 2 under “Factual Background” stating Suzanne’s remains found September 23, 2024. No.
Her remains were found September 22, 2023 ! SMDH

Remains positively identified as Suzanne Morphew | Colorado Bureau of Investigation

Agents with the Colorado Bureau of Investigation (CBI) located human remains during the course of a search on September 22, 2023. Those remains were positively identified as Suzanne Morphew (49) of Chaffee County by the El Paso County Coroner on September 27, 2023. Morphew was reported missing...

cbi.colorado.gov

#JUSTICEFORSUZANNE

IMHO

 

[arielilane]

Breaking-3.5 years after #SuzanneMorphew' remains were discovered, a fight is brewing over their "outrageous and cruel" retrieval of by investigators just as her daughters requested them for a "Christian burial" including planned cremation.

https://twitter.com/x/status/2027105461175189526

 

[Cindizzi]

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them.

Barry Morphew has been charged with first degree murder in his wife’s death.

Mallory and Macy Morphew have asked a judge to order law enforcement to return their mother’s remains after they were seized from a Colorado Springs funeral home.

In a move which Bert Nieslanik, the Morphew daughters’ attorney, called “outrageous, cruel and shocking to the conscience,” case investigators removed their mother’s remains from Swan-Law Funeral Directors before her daughters could gather them for a memorial service, according to court documents.

The remains were released by the Chaffee County Coroner’s Office in April 2024 to the funeral home, where they had been stored for nearly two years, according to a court document.

However, before the daughters could retrieve them, the investigation “intervened and prevented them from retrieving them or burying them” without warning, a court document states.

[…]

Suzanne Morphew’s family fighting for her remains

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them. Barry Morphew has been charged with first degree murder in his wife’s death. Mallory and Macy Morphew have asked a judge to order law enforcement to return...

www.denvergazette.com

 

[Ontario Mom]

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them.

Barry Morphew has been charged with first degree murder in his wife’s death.

Mallory and Macy Morphew have asked a judge to order law enforcement to return their mother’s remains after they were seized from a Colorado Springs funeral home.

In a move which Bert Nieslanik, the Morphew daughters’ attorney, called “outrageous, cruel and shocking to the conscience,” case investigators removed their mother’s remains from Swan-Law Funeral Directors before her daughters could gather them for a memorial service, according to court documents.

The remains were released by the Chaffee County Coroner’s Office in April 2024 to the funeral home, where they had been stored for nearly two years, according to a court document.

However, before the daughters could retrieve them, the investigation “intervened and prevented them from retrieving them or burying them” without warning, a court document states.

[…]

Suzanne Morphew’s family fighting for her remains

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them. Barry Morphew has been charged with first degree murder in his wife’s death. Mallory and Macy Morphew have asked a judge to order law enforcement to return...

www.denvergazette.com

I haven't paid really close attention to this case for a while now but, if Suzanne sat there at the funeral home for nearly 2 years, why didn't anyone collect her then? Something just seems really suspect about this latest news.

jmo

 

[MassGuy]

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them.

Barry Morphew has been charged with first degree murder in his wife’s death.

Mallory and Macy Morphew have asked a judge to order law enforcement to return their mother’s remains after they were seized from a Colorado Springs funeral home.

In a move which Bert Nieslanik, the Morphew daughters’ attorney, called “outrageous, cruel and shocking to the conscience,” case investigators removed their mother’s remains from Swan-Law Funeral Directors before her daughters could gather them for a memorial service, according to court documents.

The remains were released by the Chaffee County Coroner’s Office in April 2024 to the funeral home, where they had been stored for nearly two years, according to a court document.

However, before the daughters could retrieve them, the investigation “intervened and prevented them from retrieving them or burying them” without warning, a court document states.

[…]

Suzanne Morphew’s family fighting for her remains

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them. Barry Morphew has been charged with first degree murder in his wife’s death. Mallory and Macy Morphew have asked a judge to order law enforcement to return...

www.denvergazette.com

Remind me, who originally said that the family decided to leave the remains there for future testing? I think it was Jane in that podcast interview, wasn't it?

 

[K9Enzo]

I haven't paid really close attention to this case for a while now but, if Suzanne sat there at the funeral home for nearly 2 years, why didn't anyone collect her then? Something just seems really suspect about this latest news.

jmo

IIRC and I may be wrong. I thought one of BM's attorney's said (years ago) that BM wanted SM's remains to stay in evidence. He did not want to claim them because of his charges. IMO

 

[Lyanna]

Remind me, who originally said that the family decided to leave the remains there for future testing? I think it was Jane in that podcast interview, wasn't it?

Yes, that danish podcast wasn’t it?
The daughters attorney comes across like Iris , surprised by not seeing the word “egregious” in there

moo

 

[JosieMae]

IIRC and I may be wrong. I thought one of BM's attorney's said (years ago) that BM wanted SM's remains to stay in evidence. He did not want to claim them because of his charges. IMO

That's what I remember as well.

 

[K9Enzo]

IIRC and I may be wrong. I thought one of BM's attorney's said (years ago) that BM wanted SM's remains to stay in evidence. He did not want to claim them because of his charges. IMO

Suzanne Morphew's autopsy reveals she died by homicide

Suzanne Morphew, 49, went missing on Mother's Day in May 2020. Authorities found her remains in Saguache County in September 2023.

www.9news.com

Fisher-Byrialsen said investigators gave Barry Morphew and his daughters the opportunity to pick up Suzanne's remains earlier this year, but on advice from their attorneys, did not collect the remains. Fisher-Byrialsen says prosecutors have not told Barry Morphew whether he is still a suspect in this case. She said Suzanne's remains are still at the El Paso County Coroner's Office where the autopsy was performed.

 

[MassGuy]

DBM already posted

 

[MassGuy]

I asked AI how this is likely to play out;

The short version: this motion has emotional and moral force, but its legal likelihood of success is moderate to low unless the State made a clear procedural error or violated a specific statutory victim‑rights requirement. The strongest part is the Order to Show Cause request; the weakest part is the TRO and immediate release of remains.

The middle‑ground outcome (most likely)

Based on similar Colorado cases and national precedent, the most probable result is:

• The judge grants the Order to Show Cause
• The judge denies the TRO
• The judge orders the State to clarify its authority, timeline, and purpose
• The remains stay with the State until the criminal case is resolved or the judge is satisfied they are no longer needed as evidence


This gives the daughters procedural justice but not physical possession.


Not for case discussion. Due to known inaccuracies, AI content is not allowed or to be relied upon for case facts or legal matters.

 

[Cindizzi]

I Googled the daughter’s lawyer mentioned in the article above.

Roberta Marie Nieslanik CLE

CBA-CLE is an independent nonprofit corporation organized in support of the Colorado and Denver Bar Associations to provide continuing legal education in Colorado. We produce high-quality continuing legal education programs and legal publications at competitive prices, with substantial member...

cle.cobar.org

 

[Seattle1]

Redacted intervenors have filed a motion to release Suzanne's remains. I can't tell which side of the family this is from, but maybe somebody else knows. Their attorney is Roberta Nieslanik.

Feb 20, 2026 Motion to Intervene and for Order to Show Cause and Temporary Restraining Order (PDF, 486.15 KB)

This is complete rubbish!

How convenient they forgot to mention that when they held a religious service on May 4, 2024 (Trinity Baptist Church in Westgate, Indiana – close to the small town of Noblesville, IN where she grew up), they had no concern whatsoever that SM's remains were sitting on a shelf in Colorado.

I believe it was the Defense who planted the seed that they'd likely contest the autopsy results as performed by corrupt officials (i.e., being alleged to plant evidence), and therefore reasonable for the State to hold the evidence for additional testing as needed.

Also, after the case against BM was dismissed without prejudice, I recall the Motion by Morphew to return about 97 pieces of his property was denied by Judge Stephen Groome in October 2022.

During the Motions hearing, IE argued that her client is presumed innocent, and that the prosecution was keeping his property without a legal basis, a violation of Morphew's Constitutional rights!

Ultimately, Judge Groome found that the search warrant previously issued was valid and that the evidence is being lawfully held for potential future prosecution.

IMO, I believe that unless the defense agrees to a stipulation on the autopsy results of the remains (i.e., toxicology), withholding the evidence is valid, and the Court should deny the Motion for TRO by the next of kin.

10/25/22 Judge denies motion to return property to Barry Morhphew

Barry Morphew sneaks into memorial service for wife Suzanne

Friends and family of Suzanne Morphew gathered at an Indiana church for a celebration of life ceremony over the weekend.

www.dailymail.co.uk

 

[waldojabba]

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them.

Barry Morphew has been charged with first degree murder in his wife’s death.

Mallory and Macy Morphew have asked a judge to order law enforcement to return their mother’s remains after they were seized from a Colorado Springs funeral home.

In a move which Bert Nieslanik, the Morphew daughters’ attorney, called “outrageous, cruel and shocking to the conscience,” case investigators removed their mother’s remains from Swan-Law Funeral Directors before her daughters could gather them for a memorial service, according to court documents.

The remains were released by the Chaffee County Coroner’s Office in April 2024 to the funeral home, where they had been stored for nearly two years, according to a court document.

However, before the daughters could retrieve them, the investigation “intervened and prevented them from retrieving them or burying them” without warning, a court document states.

[…]

Suzanne Morphew’s family fighting for her remains

Six years after she disappeared, Suzanne Morphew’s adult daughters are fighting to get her remains from the investigators who have them. Barry Morphew has been charged with first degree murder in his wife’s death. Mallory and Macy Morphew have asked a judge to order law enforcement to return...

www.denvergazette.com

Per the linked article above Denver gazette

So interesting. It appears they want to cremate and spread her ashes in Florida per “ her wishes “.
I guess now he is on trial again they don’t want those remains available? They don’t even want to do their own testing.
Sheesh
Suzanne’s siblings want to bury her in Indiana with her Dad.
Fat chance those remains are going anywhere until after the trial.
And then I wonder, after their sainted father’s conviction, if they will even have an interest in where those remains end up at all.
This is not a well thought out move by the D imo
JMO

 

[MassGuy]

Per the linked article above Denver gazette

So interesting. It appears they want to cremate and spread her ashes in Florida per “ her wishes “.
I guess now he is on trial again they don’t want those remains available? They don’t even want to do their own testing.
Sheesh
Suzanne’s siblings want to bury her in Indiana with her Dad.
Fat chance those remains are going anywhere until after the trial.
And then I wonder, after their sainted father’s conviction, if they will even have an interest in where those remains end up at all.
This is not a well thought out move by the D imo
JMO

It's a trick to garner sympathy and pain investigators and the state as the bad guys. I have little doubt they would have been allowed to do this had they not waited until Barry was charged.

From what I can gather from a couple people in the know, Suzanne would NOT want to have been cremated.