CHAFFEE COUNTY, Colo. — Tuesday, Aug. 24, marked the final day of Barry Morphew’s four-day preliminary hearing. Morphew is accused of killing his wife, Suzanne, on Mother’s Day weekend in 2020 in Chaffee County.

At a preliminary hearing, the judge is tasked with finding a probable cause for the existing charges before moving forward with an arraignment and trial. Chaffee County Judge Patrick Murphy couldn’t decide if there is enough evidence to move forward with a trial. A new hearing date to make that decision has been set for Sept. 17 at 1:30 p.m.

While speaking at a press conference in May 2021, Chaffee County Sheriff John Spezze said that although no body has been recovered, his “belief is that Suzanne is not alive at this time.”

During the trial on Tuesday, Morphew’s attorney told the judge she did not believe the state had met the burden of proof in its arguments during the preliminary trial. She asked the judge to allow Morphew be let out of jail. The judge said that he could not make a decision on that request Tuesday.

On Friday, Sept. 17 at 1:30 p.m. both sides will give arguments and Judge Patrick Murphy will make a ruling in regards to the evidence in #BarryMorphew case whether or not it will go to trial. This will be the day they’ll discuss whether the judge will unseal the arrest affidavit

— Lauren Scharf (@LaurenScharfTV) August 24, 2021

Six witnesses were called by the state including Commander Alex Walker with the Chaffee County Sheriff’s Office and a former investigator for the 11th Judicial District Attorney’s Office, FBI Agent Kenneth Harris, former FBI Agent Johnny Grusing, CBI Agent Derek Graham, Chaffee County Sheriff’s Office Undersheriff Andy Rohrich, CBI Agent Kevin Koback. 

Morphew’s defense team called CBI Agent Joseph Cahill and Chaffee County Deputy Scott Himschoot to the stand.

They asked CBI Agent Cahill about the discovery of “an unknown man’s DNA” on Suzanne Morphew’s bike handlebars. When Suzanne was first reported missing, it was thought she had left her home to ride her bike. The bicycle was recovered a short time later.

Cahill confirmed that Barry Morphew had been excluded from the DNA on Suzanne’s bike grips, a cushion in her car, and on her glove box. There were some issues, however, as Cahill noted he never saw the final version of the arrest affidavit and, in fact, only reviewed the first 19 pages. The entire affidavit is 126 pages long.

Cahill said that he was on military leave and only got to review/edit until page 19 of the 126 pages of the affidavit so he didn’t get through the rest of the pages.

— Lauren Scharf (@LaurenScharfTV) August 24, 2021

To catch up on all the details revealed in court, review FOX21’s previous stories:

• Preliminary Hearing Day 3: ‘Did you ever find the journal? No’; Evidence discovered inside Suzanne Morphew’s home released
• Preliminary Hearing Day 2: “I’m done,” Texts between Suzanne and Barry Morphew reveal troubled marriage 
• Preliminary Hearing Day 1: ‘Cannot live my life without you in it,’ messages reveal Suzanne Morphew had an affair before her disappearance

Morphew was arrested without incident on Wednesday, May 5, 2021, and since then has maintained his innocence.

Morphew faces the following seven charges:

• Murder in the first degree
• Tampering with a deceased human body
• Tampering with physical evidence
• Possession of a dangerous weapon – short rifle
• Attempt to influence a public servant
• Forgery of Public Records
• Misdemeanor Elections-mail ballot offense

Morphew is being held in the Chaffee County Jail without bond. His arrest papers have been sealed.

#BarryMorphew Attorney Dru Nielsen said, “Doesn’t think they (state) have met the burden of proof.” She is asking for Morphew to not sit in jail. Judge said he couldn’t make that decision today. Court is in recess until 2:30 p.m.

— Lauren Scharf (@LaurenScharfTV) August 24, 2021

FOX21’s Lauren Scharf will live-tweet throughout Tuesday’s hearing. You can follow her updates by clicking here.