ALAMOSA — Barry Morphew, facing charges in the death of his wife, Suzanne Morphew, appeared in court on Tuesday, wearing a flannel shirt and blue jeans instead of the orange and white striped jail uniform worn in Alamosa County Detention Center where he is being held.

The hearing was related to a motion filed by David Beller, Morphew’s defense attorney, arguing that bail set at $3 million was “too high” and requesting it be reduced to $500,000.

After listening to both the defense and the prosecution, District Judge Hopkins, presiding, declined to lower the bail. Instead, she modified the conditions of his bond, keeping bail at $3 million but setting it as cash surety or property bond, paving the way for a bail bond company to post Morphew’s bail for a non-refundable fee of 10% or $300,000. 

In defense making the case for bail to be lowered, there were hints of what the trial, expected to last a month, may look like.

Beller stated that he is defending a man whom he believes to be innocent. Referencing the first time Morphew was in court on similar charges and the case was dropped due to prosecutorial issues with evidence, Beller argued that evidence in the case has already been heard in a different court – and different judicial district – where bail was set much lower.

“The evidence [since then] has changed very little, and evidence of [Morphew’s] innocence is substantial.” 

He referenced Morphew’s past conduct where he appeared every day for court as ordered and “did what he was expected to do,” was easily located by law enforcement and stated again “the evidence has not changed.” He mentioned Morphew’s close ties to his daughters, who are strongly in support of bail being lowered. He also requested Morphew be allowed to go to Arizona.

When asked by the judge, Beller acknowledged Morphew has no ties in the San Luis Valley but does in neighboring jurisdictions. He also acknowledged that, after previous charges were dismissed, he only stayed in the state for a brief period of time before going to Indiana and Arizona to see family.

In presenting her arguments, DA Anne Kelly told the court that Suzanne Morphew’s brother and sister “strongly object” to bail being lowered and the court considered all factors in agreeing to the $3 million bail originally set.

In responding to Beller’s claim that the evidence is slightly different, Kelly said,  “Nothing could be further from the truth.” She reminded the court that, the first time evidence in the case was presented, Suzanne Morphew’s body had not been found.

That changed, she said, when Morphew’s remains were found in Saguache County, referring only briefly to the autopsy that showed “traces of a substance found in the body.”

Kelly went on to argue that Morphew has no ties in the San Luis Valley, has been operating his business in Arizona under a different name and changes license plates on the vehicle he drives. She also stated that, compared to the first time the case was heard in court, “the defendant is under very different peril.”

In making her decision, Hopkins made it clear that she weighed a number of different factors, with significant emphasis placed on the wishes of the victims most impacted by the crime – Morphew’s daughters who supported the bail being changed.

In describing her decision to make the bond cash surety, Hopkins mentioned that, should Morphew attempt to leave the area, “a bail bondsman will go looking for you.”

She then laid out the conditions, including surrendering his passport, prohibiting him leaving the state for any reason, a requirement that he wear a GPS monitor and cannot leave him home for any reason “except to appear in court, meet with his attorneys, attend a doctor’s appointment or for a medical emergency.”  Morphew must not use any other name, is only allowed to drive vehicles registered to him and is prohibited from possessing or controlling a firearm.

In setting the next date for a court appearance Beller requested more time to review the “voluminous amount of discovery” the district attorney’s office had sent. He requested  another sixty days, at which time they “would have a better idea about arraignment.”

The prosecution agreed, adding they would like the trial to be set within a year, preferably next summer as they anticipate the trial will last a month.

Beller said he was hesitant to agree to next summer, saying it was “realistic” but he was “hesitant”.

On May 10, 2020, Suzanne Morphew supposedly went on a bike ride in Chaffee County and never returned. A neighbor reported her missing, and her bike and helmet were eventually found along the side of the road the day she disappeared.

When, in 2023, Suzanne Morphew’s body was found in Saguache County, the coroner ruled her death a homicide “by unspecified means in the setting of butorphanol, azaperone, and medetomidine (BAM) intoxication. Those three drugs are commonly used as animal sedatives.

According to Barry Morphew's indictment, a search warrant of his residence led to a locked gun safe, which held a tranquilizer rifle. Investigators also discovered packages of darts in the safe, and found a needle cap for one of those darts in the Morphews' dryer.

Barry Morphew’s next court appearance is scheduled for November 3 at 1:30 p.m..