(CBS4) - Barry Morphew walked out of court on Tuesday no longer charged with the murder of his wife, but it's not necessarily over. His wife Suzanne has been missing for nearly two years.
Suzanne's brother Andrew Moorman told CBS4, "I'm OK with what happened today. I'm all about finding Suzanne. I just want closure for my family."
Iris Eytan, one of Barry's attorneys, told reporters outside the courthouse in Fremont County, "We are going to get Mr. Morphew acquitted rightfully after a trial we believe we were going to have."
But in a motion, prosecutors indicated they may be able to locate the body of the missing woman if they had more time.
"As this search cannot be accomplished in the coming weeks due to weather and snowpack conditions, the People respectfully ask this Court to dismiss the current indictment," the motion read.
Morphew has maintained from the start he did not kill his wife. In an appeal for help, he said, "Please we are doing everything to bring you back. We miss you and your girls need you."
Those girls have stood beside their dad as his lawyers have attempted to clear his name.
Eytan said, "No body, no evidence and they've locked Mr. Morphew up in a jail cell for five months."
The prosecution asked the judge to halt the plans for the trial after the court threw out many of the prosecution witnesses as sanctions for not turning over all the evidence to the defense on time.
But if Suzanne Morphew is found, as legal analyst Raj Chohan points out, the case is not over.
"The prosecution can regroup try to get their ducks in a row strengthen their case and try to bring it again," he said.
But for now, the trial that loomed ahead for next week was suddenly off.
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