Barry Morphew, husband of the late Suzanne Morphew, and their two daughters are "struggling with immense grief and shock" after Colorado authorities announced the discovery of Suzanne's remains on Wednesday, according to their attorney.
Suzanne was 49 years old when she disappeared from a bike ride on Mother's Day in 2020.
"They had faith that their wife and mom would walk back into their lives again. The news is heartbreaking," attorney Iris Eytan told Fox News Digital in a Thursday statement. "Neither the DA nor the authorities notified Mallory and Macy Morphew about the recovery of their mom."
Authorities recovered Suzanne's remains on Sept. 22 during a search in the area of Moffat, Colorado, in Saguache County — about 45 miles from her home, west of Salida in Chaffee County, where she was reported missing. The El Paso county coroner identified the remains as Suzanne Morphew.
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Prosecutors have suggested since last year that they were close to finding Suzanne's remains.
Barry Morphew was initially accused of killing his wife when he was charged in 2021 with murder and tampering with physical evidence in connection with her disappearance and presumed death.
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A year later, prosecutors dropped charges against Barry, saying they wanted more time to find Suzanne's body. A judge accused 11th Judicial District Attorney Linda Stanley of procedural violations just before Barry was set to stand trial. Barry's legal team filed a $15 million lawsuit against prosecutors and investigators, accusing them of violating his constitutional rights.
"From what we know, Barry is as innocent as he was from Day 1," Eytan said in her statement. "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 Morphew’s like the victims they are, and charge the person(s) responsible for Suzanne’s killing."
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Text messages from Suzanne and Barry that were unsealed in June suggest they were both having affairs just before her disappearance.
Four days before her disappearance, Suzanne sent Barry a text saying she was "done." "I could care less what you’re up to and have been for years," she wrote, adding that they needed to figure things out "civilly."
No other arrests have been made in the case. The charges against Morphew were dismissed without prejudice, so prosecutors can still decide to pursue charges against him.
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"While this case has garnered attention from around the world, it has touched our community and the sheriff’s office deeply," Chaffee County Sheriff John Spezze said in a Wednesday statement. "We have never stopped our investigation and will continue to follow all leads in pursuit of justice for Suzanne."
He added that "[a]lthough locating Suzanne’s remains is a critical component of this investigation, and for her family," investigators "are left with many more questions than answers."
Authorities are asking anyone with information about the case to contact (719) 312-7530.
