One of the leading investigators investigating Susan Morphy’s disappearance said her husband’s arrest for her murder was “premature”, according to new court documents.
Susan Barry’s husband, 53, was arrested last May on suspicion of murder after a year-long search for his wife, Susan, 49, who disappeared from their home on Mother’s Day 2020. Her body was never found, but police say that she was most likely dead because she had not been heard from since.
Barry denies the allegations and has presented court documents to dismiss the “outrageous government behavior” case, claiming that the former Colorado Bureau of Investigation agent Joseph Cahill himself said that Barry was “premature” only four months ago, in December 2021.
Defenders write in court documents received from 9 news, that Cahill “said the case was not nearly ready for anyone to move the case forward” when he was interviewed by the police on December 2 for accidentally firing his weapon while out of work and at home.
They also said in documents released Tuesday that Cahill and his partner, Agent Derek Graham, had expressed concern about their superiors’ case, but were ultimately ignored.
And, they claim, prosecutors withheld “exculpatory evidence” from the court during the preliminary hearing, accusing Barry of killing Susan. Further details on what that evidence is have yet to be shared, although the defense previously accused prosecutors of missing DNA evidence from the discovery.
If this evidence had been available at the time, Barry’s attorneys, Iris Eaton and Hollis Whitson, “it is certain that the probable cause would not have been found.”
Barry Morphy, seen entering court with his two older daughters in December, is trying to drop the charges against him, with his lawyers claiming that the former had doubts about his arrest.
Morphy is accused of killing his wife, Susan, right, who went missing on Mother’s Day in 2020. Her body was never found.
Court documents state that Cahill has repeatedly expressed concern over the arrest of Barry Morphy one year after Susan’s disappearance on May 10, 2020.
He reportedly told the Home Affairs Investigator that after putting the case together for a year, he had seen “frame erosion” while in school and out of the case from March to May 2021. KDVR reports.
The report says that on August 24, 2021, during the testimony of the preliminary hearing, Cahill claimed to have read only nine pages of the sworn testimony of Morphew’s arrest. Then the Interior Ministry demanded a revision of the oath declarations, documents show.
However, the interior claims that numerous requests were made to Cahill to revise the oath declarations between August 24, 2021 and January 25, 2022.
When Cahill and Graham’s supervisors, CBI Deputy Director Chris Schaefer and Agent Kemper spoke to Chafi County Sheriff John Speze about their concerns, Barry’s lawyers said they were ultimately ignored.
‘Mr. Cahill said Sheriff Spec had not heeded the CBI’s advice or opinions and had arrested Mr Morphew, according to court documents released Tuesday.
‘Mr. Cahill summed it up, saying “it’s what it is.”
In rebuttal of the complaint, prosecutors described the call for the case and trial to be dropped as “complete nonsense”, saying Cahill was “completely discredited”.
Prosecutors say they have created tens of thousands of pages of revelations and hours of video, and say the defense “has stopped trying to consult with people because their last request for disclosure was made directly to the court.”
Morphy was arrested last May, a year after Susanne disappeared
Authorities say Barry killed Susan (pictured) with an arrow pistol full of animal tranquilizers
Prosecutors said Barry killed his wife with an animal tranquilizer after investigators found an arrow gun near the place where she went missing.
They claim that the animal tranquilizer killed Susanne and that Barry covered his tracks by dumping her body – probably in the remote Garfield mine – and point to his phone being put into airplane repeatedly over the weekend of May 9 and 10 as evidence. .
According to court documents, CBI officials have expressed concern about the arrest of Barry with Chafi County Sheriff John Spese, who “did not listen to the advice or opinions of the CBI.”
Prosecutors also noted that he left a hotel room at the Holiday Inn in Broomfield, Colorado, smelling of chlorine – a development first reported by DailyMail.com in September 2020.
But Barry’s defenders say that when investigators found the rifle, it was out of order and had not been used for a long time.
They also allege that investigators deliberately omitted evidence of DNA belonging to an alleged sex offender found in Susan Morphy’s motorcycle, helmet, car and sheets.
Barry’s lawyers have now called on the director of the CBI, the deputy director of the CBI and the head of the CBI’s major crime department to appear in court this Friday for a hearing before the trial against him begins on April 28.
Earlier, they announced that they were filing a civil case against 26 people connected to the Chafi Police Department, the 11th District Attorney’s Office, the Colorado Bureau of Investigation and the FBI for intentional omission of evidence.
Earlier, Bari’s defense team filed a lawsuit against 26 people in the investigation and prosecution of the case, claiming that they deliberately with detained evidence found at the crime scene
The case alleges that investigators and prosecutors seized evidence of DNA from an alleged sex offender found on Susan’s property. Pictured are FBI and CBI officials at the scene in 2020
But Cahill’s reputation has been called into question in recent months.
He resigned from the CBI in December amid an interior investigation into the accidental firing of a gun while out of service and at his own home. As a result, Cahill received a self-inflicted gunshot wound to the arm.
John Kemper, the director of the CBI, called Cahill’s actions with regard to his service weapon “negligent or unwise” afterwards, and a note from the Interior received from 9 News states that Morpheus lied to investigators investigating the incident.
“I find that he deliberately misled his statements,” the December 14 interior document said. “In fact, I’m more worried about what he was doing to support the lie.
Eventually, the interior found that Cahill was trying to remove the gun lamp he had bought from his CBI-issued weapon because he planned to resign that day.
They said he bought a new pistol lamp in an attempt to cover up his lie when he was interviewed by another CBI agent, and before admitting the truth, “Cahill initially lied four times after being specifically asked when he bought the new lamp. for a pistol before the correction. ‘