Barry Morphew may use mystery DNA for defense in wife's murder: former prosecutor
Morphew was indicted by a grand jury in Colorado on charges of murder in the first degree June 20 after the Mother's Day 2020 disappearance of his wife, Suzanne Morphew, the mother of two daughters. Barry Morphew was arrested in Goodyear, Arizona, almost 11 hours from where his wife went missing and was extradited to Colorado June 30.
Though Barry Morphew was first charged with the murder of his wife in 2021, those charges were later dropped because of prosecutorial misconduct. Suzanne Morphew's body was found in September 2023, and an autopsy determined a deer tranquilizer called "BAM" was found in her bone marrow. BAM stands for the chemicals butorphanol, azaperone and medetomidine.
According to prosecutors, Barry Morphew was the only individual with a prescription for the deer tranquilizer within the area of Colorado he had lived in.
Prosecutors on July 16 submitted their first witness list, which includes both of Barry Morphew's daughters. Prosecutors aren't required to make everyone on the list testify.
Colin McCallin, a Colorado-based lawyer and former deputy district attorney for the 18th Judicial District Attorney's Office in Colorado, told Fox News Digital he thinks Barry Morphew's legal team will try and argue an "alternate suspect" killed Suzanne Morphew.
"I would expect the defense to advance any evidence they (have) relating to alternate suspect evidence," McCallin said.
McCallin pointed to the fact that an unknown DNA profile was found in Suzanne Morphew's Range Rover after her disappearance, which didn't belong to Barry Morphew. Court documents state that unknown DNA was found in the glove box, among other spots.
"You know, one of the things that has always permeated this case is the existence of these unknown DNA profiles that were found on some of the items of evidence that were found, you know, that initially when she went missing, that pointed to maybe someone else being involved in this," McCallin said.
"You can't just throw out names and say, that person did it, go get him. So, you know, I do think though that if they have any ability to pin this homicide on someone other than Barry Morphew, they are going to explore those defenses."
Bryan Kohberger, convicted of killing four University of Idaho students in November 2022, attempted to invoke an "alternate perpetrator" theory, but Judge Steven Hippler didn't allow it. Court documents referring to the so-called alternate perpetrator in that case were sealed, but Hippler expressed skepticism.
McCallin said the case against Barry Morphew is still "very circumstantial," which may hamper prosecutors.
"We know that that chemical was found in her body. We know where her body was found. But we really don't know a whole lot more than that. We don't know where the body was moved. We don't know where Suzanne actually died," McCallin said.
Barry Morphew's attorney, David Beller, previously told Fox News Digital Morphew "maintains his innocence."
"Yet again, the government allows their predetermined conclusion to lead their search for evidence," Beller said. "The case has not changed, and the outcome will not either."
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