Morphew case prosecutors accused in plot against judge: complaint

DENVER (KDVR) — Two prosecutors in the now-dismissed murder case of Barry Morphew, who was accused of killing his wife, Suzanne, are accused of retaliating against the judge and withholding evidence in the case.

Mark Hurlbert and Robert Weiner each are accused of failing to disclose evidence and an “abuse of power” in a scheme to investigate the trial judge, according to complaints filed Thursday by the state Office of Attorney Regulation Counsel.

Hurlbert was the lead prosecutor in the Morphew case. FOX31 reached him on Monday.

“My only comment is that we deny the allegations and will be filing a response,” he said.

An attorney for Barry Morphew released a statement to FOX31 about the development.

“It was well known that prosecutors in the Morphew case abused their authority and power to wrongly charge Mr. Morphew,” attorney Iris Eytan said in an email. “But, it is new news that these prosecutors also threatened the rule of law and our democracy by attempting to intimidate and threaten the presiding judge due to his rulings and sanctions for their pattern of misconduct.”

At issue is evidence that could have pointed to Barry Morphew’s innocence, but which the DA’s office had for months before disclosure. They later failed to provide the evidence fully and accurately by the deadline — a misstep the judge rebuked and called “trial by ambush,” according to the complaints.

The prosecutors also are accused of participating in a scheme to investigate the judge in search of damaging information that could get him recused — a plot cooked up after several adverse rulings against them. This included an investigative interview with the judge’s ex-wife about whether he spoke about the Morphew case or if their relationship ever involved violence, which she denied.

FILE - Barry Morphew leaves a Fremont County court building in Canon City, Colo., with his daughters, Macy, left, and Mallory, after charges against him in the presumed death of his wife were dismissed Tuesday, April 19, 2022. Agents with the Colorado Bureau of Investigation found the remains of Suzanne Morphew, 49, during an unrelated search near the small southern Colorado town of Moffat on Friday, and she was positively identified Wednesday, Sept. 27, 2023. Morphew's husband, Barry Morphew, was charged in her presumed death, but prosecutors dropped charges against him last year just as he was about to go on trial. (Jerilee Bennett/The Gazette via AP, File) — FILE – Barry Morphew leaves a Fremont County court building in Canon City, Colo., with his daughters, Macy, left, and Mallory, after charges against him in the presumed death of his wife were dismissed Tuesday, April 19, 2022. Agents with the Colorado Bureau of Investigation found the remains of Suzanne Morphew, 49, during an unrelated search near the small southern Colorado town of Moffat on Friday, and she was positively identified Wednesday, Sept. 27, 2023. Morphew’s husband, Barry Morphew, was charged in her presumed death, but prosecutors dropped charges against him last year just as he was about to go on trial. (Jerilee Bennett/The Gazette via AP, File)

DA Stanley also faces complaint in Morphew case

The complaints include pages of text messages between Hurlbert, Weiner and Colorado 11th Judicial District Attorney Linda Stanley about their alleged plans against the judge. It also includes a case report from the DA’s office investigator, which said Stanley directed him to carry out the plan.

Stanley is facing discipline of her own in the case. According to an October complaint lodged against her on similar grounds, her decision to investigate the judge was made after a true crime podcaster, with whom she was in touch, claimed the judge was an advocate for Suzanne Morphew.

A framed portrait of Suzanne Morphew on a table next to a candle with her face on it — Suzanne Morphew (KDVR)

Hurlbert is a deputy district attorney for the 11th Judicial District Attorney’s Office, which covers Fremont, Chaffee, Park and Custer counties. He joined the Barry Morphew case in July 2021 and ultimately became lead counsel in October 2021.

Weiner worked as senior chief deputy district attorney for the First Judicial District Attorney’s Office, which covers Jefferson and Gilpin counties. He was retained by Stanley in November 2021 to serve as a special deputy district attorney in the Morphew case.

FOX31 reached out to the Office of Attorney Regulation Counsel on Monday but did not receive a response, likely because of the Presidents Day holiday.