CHAFFEE COUNTY, Colo. — Seven months after the remains of Suzanne Morphew were discovered in a shallow grave in a remote area of Saguache County, her autopsy has been completed.
The manner of death is listed as "homicide by undetermined means in the setting of butorphanol, azaperone, and medetomidine intoxication," according to the Colorado Bureau of Investigation (CBI).
The autopsy report said sedatives and tranquilizers were found in Suzanne's bones. Lawyers for Barry Morphew told 9NEWS that caffeine was also found in her body. Her biking clothes were found with her remains, according to Barry's attorney and the autopsy report.
A bullet was also found, but it wasn't clear whether it was used, according to the attorneys. They also tell 9NEWS that none of Suzanne's bones in her feet were found in the shallow grave, nor were her shoes. They do not know why that might be.
Suzanne Morphew, 49, was last seen on Mother's Day 2020. She lived in Maysville in Chaffee County, west of Salida, with her husband Barry and their two daughters, Mallory and Macy. When she vanished, the Chaffee County Sheriff’s Office said she went for a bike ride but never returned home.
Barry Morphew, 56, was arrested and charged with first-degree murder in connection to her disappearance in May 2021.
Days before he was set to stand trial in April 2022, all charges were dropped when Fremont County District Judge Ramsey Lama granted a motion filed by prosecutors that asked to dismiss the case.
During a preliminary hearing in January of 2022, prosecutors with the Chaffee County DA's Office said that on the afternoon of May 9, 2020, Barry Morphew loaded a syringe for a tranquilizer dart, put his phone on airplane mode and then shot his wife with the dart. He then chased her around the house until the tranquilizer took effect, prosecutors said.
In an interview with 9NEWS on Monday, an attorney representing Barry Morphew argued the autopsy results do not incriminate her client.
"Barry Morphew is innocent and he could not have killed his wife," said Jane Fisher-Byrialsen, one of Barry's attorneys. "She got up the morning of Mother's Day, had her cup of coffee, that is now confirmed with the autopsy report. Also confirmed with the autopsy report is that she put on her bike clothes. She was on a bike ride and abducted. The tranquilizer that was found in her bones, allegedly, is a very common animal tranquilizer that could be used on farms or by hunters, which are people who are very prevalent in that area of Salida."
The autopsy report describes the drugs found in Suzanne's body. "These drugs are marketed as a compound injectable chemical immobilizer for wildlife providing pharmacologically reversible analgesia, sedation, and immobilization."
Three years after her disappearance, in September 2023, agents with the Colorado Bureau of Investigation found Suzanne's remains in the area of Moffat in Saguache County. The El Paso County coroner confirmed the identity of the remains as hers.
9NEWS has also learned that 11th Judicial District Attorney Linda Stanley, who brought the murder charges against Barry Morphew in 2021, will no longer be the lead prosecutor on the investigation. CBI told 9NEWS the 12th Judicial District Attorney, Anne Kelly, will handle the case moving forward, including any prosecution.
With Suzanne's body found in Saguache County, Kelly now has jurisdiction to prosecute the case as well. While it would be speculative to infer why Kelly was chosen to lead the investigation, Stanley has faced considerable controversy of her handling of the Morphew case. Stanley has been accused of hiding evidence from defense attorneys and launching a secret investigation into the judge’s family.
"No. I do not trust Linda Stanley to find the real killer," said Fisher-Byrialsen.
CBI said investigators were searching the Moffat area on an unrelated investigation when her remains were discovered. No arrests have been made since her remains were found, CBI said.
"Despite the fact that unknown male DNA was found in Suzanne’s car, where her bike was parked, on her bike grips, handlebars, and bike seat, the authorities will not tell the Morphew family whether Suzanne's bike clothes, collected seven months ago with her remains, have been tested for DNA," a statement released Monday by Barry Morphew's attorneys read. "DNA left on her clothing by the murderer could bring justice for Suzanne, her family and the community. The authorities will also not provide the Morphew’s any information regarding whether they have performed any testing on the bullet that was collected with Suzanne’s remains."
Suzanne's friend, Tisha Leewaye, helped organize search parties for Suzanne around Salida when she first went missing.
"I think it's great they found her remains, and now people can finally get a sense of relief that now we can move forward ... to find the justice she deserves now," Leewaye said when authorities identified Suzanne's remains. "The FBI, CBI, the sheriff's department has always said, you know, we need her body to finish this case out. So my thing is, you've got her body, let's finish this case."
Prosecutors said if Suzanne's body were to be located, examination of it could provide evidence to potentially implicate or rule out Barry Morphew. After CBI announced that Suzanne's remains were found, another one of his attorneys, Iris Eytan, released the following statement on behalf of Barry and his two daughters:
Barry is with his daughters and they are all struggling with immense shock and grief after learning today that their mother and wife whom they deeply love was found deceased. They had faith that their wife and mom would walk back into their lives again. The news is heartbreaking.
Neither the DA nor the authorities notified Mallory and Macy Morphew about the recovery of their mom.
From what we know, Barry is as innocent as he was from Day 1. DA Stanley and law enforcement got it wrong. We hope the authorities will quickly admit their wrongful persecution of Barry, an innocent man, to treat the Morphews like the victims they are, and charge the person(s) responsible for Suzanne’s killing.
Barry Morphew filed a civil rights lawsuit in May of this year against Chaffee County, prosecutors, CBI employees and FBI employees asking for $15 million in damages.
It claims the defendants engaged in actions including malicious prosecution and unlawful detention, fabrication of evidence, conspiracy, unlawful retention of property, reckless investigation and failure to supervise and train.
Fisher-Byrialsen said investigators gave Barry Morphew and his daughters the opportunity to pick up Suzanne's remains earlier this year, but on advice from their attorneys, did not collect the remains. Fisher-Byrialsen says prosecutors have not told Barry Morphew whether he is still a suspect in this case. She said Suzanne's remains are still at the El Paso County Coroner's Office where the autopsy was performed.
Below is the YouTube playlist of all of 9NEWS’ coverage of the case: