Prosecutors accused of misconduct in Barry Morphew case

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Barry Morphew (left) leaves a Fremont County court building in Canon City, Colo., with his daughters after charges against him in the presumed death of his wife were dismissed, Tuesday, April 19, 2022. (Jerilee Bennett/The Gazette via AP, File)/The Gazette via AP). Right: DA Linda Stanley is seen during an interview about a separate case mentioned in the complaint against her (KRDO/screengrab).

Two more attorneys involved in the prosecution of Barry Morphew, the man accused of killing his wife, allegedly engaged in misconduct when they withheld evidence and investigated the judge after unfavorable rulings.

Suzanne Morphew went missing in May 2020 from her Chaffee County home. The 11th Judicial District Attorney’s office about a year later charged Morphew, 56, with first-degree murder despite her body not yet being discovered.

A complaint filed last week by the Supreme Court of Colorado’s Office of Attorney Regulation Council says prosecutors Mark Hurlbert and Robert Weiner schemed with their boss, District Attorney Linda Stanley, to go after trial Judge Ramsey Lama, who had dinged them for not submitting evidence and information about experts they were planning to use at trial to the defense in a timely manner.

On March 12, 2022, Stanley texted the Morphew prosecution team, which included Weiner and Hurlbert, about a Change.org petition started by true crime podcaster Julez Wolf titled “Help Give Suzanne Her Voice.” Wolf claimed Lama’s ex-wife “is an advocate of Suzanne Morphew and victims of Domestic abuse” and also attended the same gym as Barry Morphew.

Hurlbert allegedly responded to Stanley’s text saying he was thinking about filing a motion asking to recuse Lama, calling him “obviously biased.” Weiner reportedly texted back: “Holy crap!! Yes, let’s go after him! He should have disclosed this. We need to confirm asap.” Weiner also said they should pull Lama’s divorce case.

Stanley said she had heard a “rumor,” apparently about Lama’s alleged domestic abuse “[l]ong before Barry Morphew,” according to the complaint.

“But it could DEFINITELY explain why he hates us so much,” Stanley texted while acknowledging she’s not sure whether the rumor was true and that anyone could start a Change.org petition.

Text messages between prosecutors Linda Stanley, Mark Hurlbert and Robert Weiner showed they schemed to go after the judge presiding over the Barry Morphew murder case in Colorado, according to a complaint by the Attorney Regulation Council. (Screengrab: Attorney Regulation Council)

The complaint says Stanley went on to have the DA office’s investigator interview Lama’s ex-wife. The investigator spoke with the ex-wife who said Lama never mentioned the Morphew case to her and there was never any domestic abuse in the relationship.

Prosecutors in April 2022 dismissed the case without prejudice.

The investigation into Lama violates the Rules of Professional Conduct which “prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice,” the complaint alleges.

Weiner and Hurlbert participated in the investigation “despite having no credible source for suspecting that Judge Lama had physically abused his ex-wife,” the complaint said.

The complaint also said Weiner and Hurlbert failed disclosure agreements and to properly vet expert testimony. Prosecutors have previously been accused of withholding exculpatory DNA evidence.

The Attorney Regulation Council requested that the Supreme Court discipline the attorneys for the alleged violations.

In December, the Colorado Supreme Court upheld a lower court’s decision to discipline Stanley’s office for the discovery disclosure issues. Stanley also is under investigation.

One of Morphew’s attorneys told Law&Crime said it was “extremely rare” for regulation council to file complaints against prosecutors.

“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 a statement. “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.”

Hurlbert told local Fox affiliate KDVR that he denies the allegations and will be filing a response.