A Colorado judge has granted prosecutors' motion to dismiss the charges against the Barry Morphew in connection with the disappearance of his wife, Suzanne, just weeks before he was supposed to go to trial, as they reveal their belief that investigators are close to finding the woman's remains.
Prosecutors with Colorado’s Eleventh Judicial District asked a judge on Tuesday to dismiss the charges against Morphew without prejudice, meaning they could still re-charge the father of two later if needed, according to a recently released court filing. They argued that they feel they are close to finding Suzanne Morphew's remains and, if they do, a forensic exam could clear or exculpate her husband, according to the filing. The judge granted the motion later that day.
READ PROSECUTORS' MOTION TO DISMISS HERE:
Morphew was charged in May 2021 with murder, tampering with a deceased human body and tampering with physical evidence, among others, in connection with the May 2020 disappearance and presumed death of his wife.
Trial was set to begin at the end of April.
But on Tuesday, prosecutors asked the judge to dismiss the case until further notice, and described how they believe they are close to finding Morphew’s body.
"In typical homicide cases, the fact of the victim’s death is rarely at issue, but in a case such as this, the most influential fact of consequence is whether or not Ms. Morphew is deceased. If the body proves to be there, further forensic examination could potentially inculpate or exculpate the Defendant," the filing states. "Given the need to conduct further investigation to resolve these issues, this is a good faith basis to dismiss the current indictment."
They wrote that investigators had hoped to recover Morphew's remains in a remote area near the couple's mountainous home before the trial, but weather stymied their efforts.
"This area received a significant amount of snow over the winter months before a search could be completed," the motion states. "To date, the area has 5 feet of snow concealing the location where the People believe Ms. Morphew is located."
Suzanne Morphew was reported missing by a neighbor on Mother’s Day, May 10, 2020. Officials said Barry Morphew told them she had left for a bike ride and never returned.
The sheriff's office said it worked with law enforcement partners to execute over 135 search warrants statewide and interview more than 400 people in multiple states. The law enforcement teams looked into more than 1,400 tips.
In a 131-page affidavit released after Morphew's arrest, investigators described how Morphew realized he couldn’t control his wife and her decision to leave him, so instead "he resorted to something he has done his entire life — hunt and control Suzanne like he had hunted and controlled animals."
Fox News' Stephen Sorace contributed to this report.