Questions Raised About CBI Agent's Comments On Barry Morphew's Arrest

UPDATE: Remains of missing Colorado mom Suzanne Morphew found in Moffat 3+ years after last seen

(CBS4) - A hearing is set for March 4 to determine if a judge will throw out the case against Barry Morphew. The Chaffee County man is accused of murdering his wife, Suzanne, in 2020.

Suzanne disappeared on Mother's Day and hasn't been seen since.

Barry Morphew (credit: Chaffee County)

Barry's lawyers want the case dismissed after they received an internal affairs document surrounding the Colorado Bureau of Investigation's agent in charge Joe Cahill. In a court filing on March 1, the prosecution says the defense is taking "bits and pieces out of context."

In the internal affairs document, Cahill stated "the arrest of the suspect now as the worst decision that could have been made." He went on to say "the arrest of the suspect in this investigation was premature" and called it "hasty."

Prosecutors say Cahill may have said those things because he was not present during the arrest.

"At no time did Mr. Cahill say that he did not think there was probable cause to arrest or that he thought the defendant was not guilty of murdering his wife," the prosecution states in the court filing.

Last month, a judge approved a motion to move the trial out of Chaffee County.

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