Chaffee County Chief Judge Patrick Murphy has announced that he had granted the motion to disqualify himself from the Barry Morphew murder case due to a long-term friendship with a possible witness’s attorney.
Barry Morphew was arrested on May 5, 2021 on multiple charges, including first-degree murder, almost a year after his wife Suzanne Morphew was first reported missing. Her body has yet to be found.
In late September 2021, a woman who was suspected of having a relationship with Morphew was arrested on trespassing charges after allegedly entering the property of where Barry and Suzanne used to live. The woman was identified as Shoshona L. Darke of Salida.
On October 13, Judge Murphy disqualified himself from the Drake case.
Judge Murphy disqualified himself because, as written in court documents, one of the individuals representing Shoshona has a 40-year friendship with the judge, which included their time in high school.
At a hearing on December 14, the court discussed the possibility of calling Drake as a witness in the Morphew case. If she was called, her attorney would also be present.
According to Colorado law, a judge would be disqualified to hear or try a case if they are related to the defendant or an attorney involved in the case, or if they are in any way interested or prejudiced with respect to the case or the parties counsel. It is not yet clear who will take Judge Murphy’s position in the Morphew trial. The district administrator will appoint a replacement.
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