An ex-state police investigator who led a probe into the disappearance a Colorado mother, said he opposed the arrest of her husband. This was according to defense lawyers in court documents released Tuesday during a motion for dismissal.
Barry Morphew is wanted by attorneys to be cleared of murder charges. He is accused of killing Suzanne Morphew (wife and mother of their daughters), who has not been seen since May 2020.
In a motion to dismiss the charges, Iris Eytan, defense lawyer, stated that Joseph Cahill (CBI) was once an agent in this case and that there was not enough evidence to arrest Morphew.
Cahill made this admission after being interviewed by internal affairs investigators about another matter on Dec. 21.
Eytan wrote that Cahill said in that interview that he had told many law enforcement witnesses that Mr. Morphew's arrest was premature and the worst decision that could have been made.
"He also stated that the case was not ready for anyone to move it forward."
Cahill, who allegedly raised his concerns to Chaffee County Sheriff John Spezze before Morphew, was taken into custody.
"Mr. According to Eytan, Cahill claimed that Sheriff Spezze didn't heed CBI’s advice or opinions, and moved on with Mr. Morphew’s arrest." "Mr. Cahill summarized it by saying that it "is what it is."
Linda Stanley, District Attorney, defended Cahill's case and called Cahill "thoroughly dishonored," saying that he simply "opined about the timing of the arrest of the defendant in this instance."
"The defense claims that they would have known about the opinion if they cross-examined the agent. The case wouldn't have been brought to trial." Stanley stated that this is absurd.
"Mr. Cahill never said that he didn't believe there was probable cause for arrest or that the defendant wasn't guilty of his wife's murder."
Cahill quit the agency in December amid internal affairs investigators investigating an "accidental firing of a firearm" at Cahill's home, prosecutors stated.
Morphew was charged with First-degree Murder, Tampering with a Dead Body, Tampering with Physical Evidence, Possession of a Dangerous Weapon, and Attempting Influence of a Public Official.
His trial will now begin April 28.
Prosecutors claim that Barry Morphew killed his wife using a tranquilizer gun, before disposing her body.
