A federal judge has dismissed Barry Morphew’s $15 million civil lawsuit against at least 19 defendants who investigated and prosecuted a murder case against him in 2021, saying there was probable cause to arrest him in connection with his wife’s murder.

Morphew was arrested May 5, 2021, almost a year after his wife, Suzanne Morphew, 49, disappeared. Her remains were found in September 2023 in Moffat, Colorado, 45 minutes to the south of the Morphew family home.

Morphew’s complaint alleged that the arrest affidavit made misleading statements and omissions to establish probable cause, in effect, maliciously conspiring to prosecute him. But United States District Judge Daniel D. Domenico said that though there should be consequences for omitting significant evidence and failing to follow up on several unanswered questions — damages are not one of those.

In his 33-page order, Domenico stated: “All of Mr. Morphew’s asserted causes of action suffer from one or more legal deficiencies. Chief among those deficiencies is that despite the failings of the investigation and prosecution, there was still probable cause to arrest and charge him with murder. For this and the other reasons set forth below, Plaintiff’s claims must be dismissed.”

Among those sued were Chaffee County Undersheriff Andy Rohrich, Chaffee County Sheriff’s Investigator Alex Walker, 11th Judicial Assistant District Attorney Mark Hurlbert, former Colorado Bureau of Investigation Director John Camper and six CBI agents who worked on the case, the Chaffee County Commissioners, Chaffee County. Also sued were a defendant listed as “John and Jane Doe’s 1-10,”  who were described as any other “unknown employees” who may have worked with the Chaffee County Sheriffs Department or 11th Judicial District Attorney’s office.

The case is now in fresh hands, transferred to the 12th Judicial District, which is run out of Alamosa, Colorado. 

Twelfth Judicial District Attorney Anne Kelly has been working with the Colorado Bureau of Investigation.  

As to the reference to the Morphew case as “cold,” she added that guidance from her office and the Colorado Department of Criminal Justice “designated this ongoing investigation as a ‘cold case.’ That phrase is specifically defined in the Colorado Victims’ Rights Act.”

She added that the cold case designation is used “narrowly by the investigation team” to guide their decision-making around the release of information.

“The term ‘cold case’ in reference to case designations contained in the Victims’ Rights Act,” Kelley said.

Mrs. Morphew’s autopsy report revealed chemicals in the marrow of her femur bone which are used to euthanize wild animals. The arrest affidavit mentioned a theory that Morphew controlled her by injecting her with a poison dart and killed her later.

Nearly two-and-a-half years after Suzanne Morphew’s case was dismissed, the Colorado Supreme Court has advised to disbar Linda Stanley, the  embattled former 11th Judicial District Attorney who led the original Barry Morphew prosecution.

In the last paragraph of Domenico’s ruling, he noted that: “Suzanne Morphew certainly deserved better.”