The arrest affidavit for Barry Morphew, who is charged with murder in the death of his wife Suzanne Morphew, will remain sealed.
Judge Patrick Murphy made the ruling Friday, saying the release of the document could harm the couple’s daughters and witnesses in the case and hinder Barry Morphew’s ability to prepare his own defense.
Judge Murphy ordered that the affidavit, which details investigators’ reasons justifying Morphew’s arrest in the disappearance of Suzanne Morphew, remain sealed until the conclusion of a preliminary hearing in August.
A coalition of news media organizations had petitioned the court for release of the 130-page document, arguing in part that the public has a presumptive right to know what led to Morphew’s May 5 arrest.
According to prosecutors, Morphew is accused of killing his wife sometime between May 9 and May 10, 2020. The mother of two was reported missing on May 10, 2020.
Prosecutors say Morphew tampered with her body around that time and tampered with other evidence in the case from last May through early March, about two months before he was arrested.
Judge Murphy wrote in his order, “While the investigation in this matter has been ongoing for a little over a year now, it consists of numerous witnesses and circumstantial evidence. Thus, witness credibility will be at a premium.”
Morphew also has been charged with possessing a short rifle, a banned weapon in Colorado, and with trying to influence eight public servants, at least some of whom are law enforcement officers.
Authorities have also charged Morphew with submitting a fraudulent vote on his wife’s behalf in last November’s election.
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