Barry Morphew’s defense team has filed a motion to dismiss the first-degree murder case against their client based on recently released discovery that included remarks of an investigator that formally worked on the case
Morphew’s defense team filed the motion in Fremont County court on Feb. 9, according to documents released Tuesday. Prosecutors filed a response to the defense’s motion on Feb. 23, calling the defense’s motion “utter nonsense.”
Agent Cahill, who is now assigned to the bureau’s marijuana enforcement division, worked on the Morphew investigation shortly after Suzanne Morphew was reported missing from her Chaffee County home on Mother’s Day, Sunday, May 10, 2020. Defense attorneys argue that this conversation was not brought up during subsequent court hearings and that they only learned of Cahill’s interview in January and saw the taped conversation in February. They are asking the judge to dismiss the case because of “prosecutorial discovery violations.”
“Of course these attorneys have also have advocated preposterous notion to this Court that the 11th Judicial District DA’s Office, the FBI, CBI and Chaffee County Sheriff’s Office are in some grand conspiracy to suppress discovery that we have already timely provided,” prosecutors wrote in the motion.
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