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Judge will not admit prior acts of alleged domestic violence as evidence in Barry Morphew trial

The motion filed by prosecutors sought to introduce alleged acts of domestic violence as evidence when the trial starts in May

FREMONT COUNTY, Colo. — A judge in Fremont County denied a motion Thursday to admit prior acts of alleged domestic violence in Barry Morphew's murder trial that is scheduled to begin in May. 

In a courtroom in Cañon City, prosecutors detailed several acts of alleged domestic violence they said Barry Morphew committed toward his wife Suzanne. 

>Video above: Judge grants change of venue request in Barry Morphew case

Suzanne Morphew has been missing since May, 2020 when she disappeared near her home near Salida. Barry was arrested and charged with her murder in May, 2021, but has consistently denied he is responsible.  

RAW: Body camera footage shows first moments after Suzanne Morphew reported missing

"It's a unique case," said Judge Ramsey Lama from the bench during the motions hearing Thursday morning. 

Lama spent nearly half an hour detailing to the courtroom filled with lawyers, Barry's daughters, and journalists his method for determining whether or not to grant the prosecution's motion to allow the information to be admissible during the trial. 

"The court does not find that the people have met their burden under Spoto. (People v. Spoto, 1990) The motion is denied," Lama said shortly after noon. 

Lama said that under Colorado law, the information presented by prosecutors could not be admitted in the way it was presented to the court Thursday.

RELATED: Photos, texts made public in Barry Morphew case

"(The information) is relevant and raises great suspicion, but only if I use it in a prohibited purpose," Lama said before revealing his decision, citing several legal analysis techniques he used to make his decision. 

Prosecutors spent nearly an hour detailing alleged acts of domestic violence they said Barry committed toward Suzanne over several years. 

In one instance, prosecutors said Barry revealed to now-retired FBI Special Agent John Grusing that one time he lost his temper and struck Suzanne with his hand, drawing blood from her nose. Barry told investigators at the time that it was a reflex and that he immediately held her and apologized. 

In another instance, prosecutors said Barry and Suzanne got in a fight and Barry pushed his wife into a closet, held a gun to his own head, and asked her, "is this what you want me to do?"

Prosecutors also revealed that one of Suzanne's best friends, Sheila Oliver, told investigators about alleged acts of domestic violence she believed that Barry committed toward Suzanne during a March 2, 2021 conversation with investigators.  

Prosecutors did not provide any dates or specific times the alleged incidents took place, saying only they believe they all happened in the time since the Morphews moved to Colorado from Indiana. They also did not provide any circumstantial information about what led up to the alleged incidents. 

"We don't believe that the allegations are true," said one of Morphew's defense attorneys. 

Morphew's lawyers argued that the members of the jury should not hear prejudicial information when "there is no proof that the allegations are true."

"The court has a duty to protect Mr. Morphew's right to a fair trial," Barry's defense attorney said. 

They made the argument that Oliver is not a credible source since she once wore a recording device to record a conversation with Barry. Defense attorneys said that in the more than 3,000 text messages between Suzanne and Oliver, Suzanne never mentioned the alleged acts of domestic abuse, even though they were best friends. 

Oliver will still be allowed to testify in court during the trial. 

Barry Morphew's trial is set to begin in May. 

Thursday's hearing was the first held in Fremont County after a judge granted a defense motion to change the venue of all court proceedings away from Chaffee County. 

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