Barry Morphew Trial: Date, Evidence, and Civil Suit Dismissal

Barry Morphew’s trial on a first-degree murder charge in the death of his wife, Suzanne Morphew, has been pushed out of 2026 and is now expected to take place in the first half of 2027 in Alamosa County, Colorado. Morphew pleaded not guilty in January 2026 and is free on $3 million bail under GPS monitoring and home-confinement conditions. The case is being prosecuted by 12th Judicial District Attorney Anne Kelly before Chief Judge Amanda Hopkins.

When the Trial Will Happen

The murder trial was originally set to begin in mid-October 2026 in Alamosa. In June 2026, Judge Hopkins granted a defense motion to delay, citing what she described as an “almost unprecedented amount of discovery.”1Denver Post. Barry Morphew Murder Trial Delayed Defense attorneys David Beller and Jane Fisher-Byrialsen said they were still working through “many, many terabytes” of evidence and suggested May 2027 was more realistic. Prosecutors pushed for January 2027 and formally objected to a longer delay.2Denver7. Barry Morphew Murder Trial Delayed Until 2027

Suzanne’s siblings objected as well. Their attorney, Tom Grant, told the court the family had already arranged travel for the October trial, said they were “tormented” by the case and “desperately needing some closure,” and expressed fear that Morphew might flee. Judge Hopkins ordered both sides to schedule the trial before the end of July 2027 and said she wanted the proceedings conducted “in a way where family only has to go through this one time.”2Denver7. Barry Morphew Murder Trial Delayed Until 2027

The Charge and How the Case Got Here

Suzanne Morphew, 49, left her home in the Maysville area of Chaffee County for a bike ride on May 10, 2020, and never returned.3Denver7. Suzanne Morphew Timeline: From First Missing Report to Husband’s Arrest Barry Morphew was arrested on May 5, 2021, and charged with first-degree murder along with several related counts.

That first prosecution, handled by 11th Judicial District Attorney Linda Stanley, fell apart. Judge Ramsey Lama found the state showed “negligent and arguably, reckless disregard” for its discovery obligations and excluded 14 prosecution expert witnesses as a sanction.4CBS News. Barry Morphew Murder Charges Dismissed Nine days before trial, on April 19, 2022, Stanley moved to dismiss all charges without prejudice, saying prosecutors believed they were “close to discovering the victim’s body.” Judge Lama granted the dismissal, leaving the door open for the state to refile.

On September 22, 2023, the Colorado Bureau of Investigation discovered Suzanne’s remains near Moffat in Saguache County during an unrelated search.5Colorado Bureau of Investigation. Remains Positively Identified as Suzanne Morphew Because Saguache County sits in the 12th Judicial District, the case shifted to DA Anne Kelly’s office, with support from the Boulder and Denver county DA offices.6Heart of the Rockies Radio. Twelfth Judicial District Attorney’s Office Press Release On June 18, 2025, a grand jury in the 12th Judicial District returned an indictment charging Morphew with one count of first-degree murder.7Colorado Bureau of Investigation. Indictment of Barry Morphew Morphew was in Arizona at the time, living with a woman under a fake name; he was apprehended during a traffic stop on June 20, 2025.8Denver7. New Arrest Report Reveals Barry Morphew Was Using a Fake Name in Arizona Before Re-Arrest

The Evidence at the Center of the Trial

The El Paso County coroner ruled Suzanne’s death a “homicide by unspecified means in the setting of butorphanol, azaperone, and medetomidine intoxication.”99News. Suzanne Morphew Autopsy: Cause of Death Those three chemicals, collectively known as BAM, form a compounded injectable immobilizer used on wildlife.10CPR News. Suzanne Morphew Died by Homicide With Tranquilizer Chemicals Present in Body, According to Autopsy Report During the original investigation, law enforcement recovered a dart gun, empty darts, and an injection needle from Barry Morphew’s gun safe, though they did not find the chemicals themselves in his home.

The indictment leans heavily on the BAM finding. Prosecutors have said “when Suzanne Morphew disappeared, only one private citizen living in that entire area of the state had access to BAM: Barry Morphew.”11NewsNation. Barry Morphew BAM Drug Morphew has said he used tranquilizer darts while hunting to collect deer antlers without killing the animals. A retired wildlife officer countered that he had “never once encountered a hunter using tranquilizer darts” and that the practice is illegal and dangerous.

The defense has signaled it may pursue an alternate-suspect theory. In October 2020, testing indicated that unidentified male DNA found inside Suzanne’s Range Rover was a partial match to an unnamed man linked to three unsolved sexual assault cases in Arizona and Illinois.12CBS News. Suzanne Morphew Case Evidence Photos Defense attorneys have also argued the BAM chemicals are used by ranchers, hunters, and wildlife officials across the region and that investigators should track down the veterinarians who prescribed them. They have noted that bones from Suzanne’s feet were missing and no shoes were recovered, and have called for DNA testing on the clothing and a weathered bullet found with the remains.99News. Suzanne Morphew Autopsy: Cause of Death

The Fight Over Suzanne’s Remains

A separate dispute has developed over what happens to Suzanne’s body before the trial. On January 29, 2026, Barry Morphew signed for the release of the remains from the El Paso County coroner’s office to a funeral home, and he signed cremation authorization forms on February 11 and February 13.13Colorado Judicial Branch. Prosecution Response Regarding Remains When prosecutors learned the cremation was scheduled for February 20, DA Kelly obtained a search warrant and seized the remains the day before.

Prosecutors argue the remains are material evidence because they contain the BAM chemicals, and that allowing a murder defendant to cremate the victim’s body before trial would destroy critical evidence. Kelly also argued that under a 2024 revision to Colorado’s Victim Rights Act, Morphew should have had no legal standing to make decisions about the remains.14Denver Gazette. DA Asks Judge to Deny Request for Suzanne Morphew’s Remains

Barry and Suzanne’s daughters, Mallory and Macy Morphew, filed a motion in February 2026 requesting custody of their mother’s remains. Their attorney, Roberta Nieslanik, called the government’s seizure “outrageous, cruel and shocking to the conscience” and cited the family’s right to free exercise of religion.15Alamosa Citizen. Daughters Request Release of Suzanne Morphew’s Remains Suzanne’s siblings, Melinda Balzar and David Moorman, took the opposite position, saying they “strongly object” to releasing the remains before a verdict.13Colorado Judicial Branch. Prosecution Response Regarding Remains Barry Morphew’s defense team stated he “takes no position” on his daughters’ motion. Judge Hopkins granted the daughters the chance to be heard, and as of early 2026 the matter was unresolved.16KKTV. Judge Gives Morphew Daughters Opportunity to Speak in Colorado Murder Case

Bail Conditions Morphew Is Living Under

Morphew was initially held in the Alamosa County Jail on $3 million bond, set as cash only.17KKTV. Barry Morphew Appears in Person in Colorado Court for First Time Since Latest Arrest The defense sought to reduce it to $500,000. In September 2025, Judge Hopkins denied the reduction, citing Morphew’s lack of community ties, his history of using an alias, frequent travel, and lack of employment, but modified the bond to allow it to be posted through a bondsman or real estate equity rather than exclusively in cash.18Colorado Sun. Judge Denies Bond Request for Barry Morphew

Morphew subsequently posted bail and was released.19KOAA. Barry Morphew to Be Released From Alamosa County Jail After Supporters Help Post Bail While free, he must wear a GPS monitor at all times, remain in Colorado, surrender his passport, stay confined to his home except for court appearances, attorney meetings, and medical appointments, use only the name “Barry Morphew,” drive only vehicles registered to him, and possess no firearms.20CBS News Colorado. Barry Morphew Bail Modified Murder Charge Suzanne Colorado He pleaded not guilty in January 2026.21ABC News. Barry Morphew Pleads Not Guilty to Alleged Murder of Wife

The Federal Civil Rights Lawsuit Is Over

Separate from the criminal case, Morphew filed a $15 million federal civil rights lawsuit in May 2023 against former DA Stanley, deputy district attorneys, Chaffee County officials, and investigators from the CBI and FBI, alleging fabricated evidence and malicious prosecution tied to the collapsed first case.4CBS News. Barry Morphew Murder Charges Dismissed In September 2024, U.S. District Court Chief Judge Daniel Domenico dismissed the suit. He was sharply critical of the prosecution’s conduct, describing it as riddled with “infuriating flaws,” but concluded that even after correcting the arrest affidavit for Morphew’s allegations, the remaining facts still established probable cause.22Colorado Politics. 10th Circuit Upholds Dismissal of Barry Morphew’s Civil Lawsuit Against Prosecutors, Investigators

On April 6, 2026, a unanimous three-judge panel of the 10th Circuit Court of Appeals affirmed the dismissal. Judge Veronica Rossman wrote that Morphew’s allegations, “taken as true and viewed in the light most favorable to him, do not plausibly allege a lack of probable cause for his arrest and prosecution.”23U.S. Court of Appeals for the Tenth Circuit. Morphew v. Chaffee County, No. 24-1424 The civil case is closed; the murder prosecution is what remains.