Attorneys representing accused killer Barry Morphew have filed a motion to dismiss the murder case against him.

Barry Morphew is facing multiple charges, including first-degree murder, in the disappearance and presumed death of his wife Suzanne Morphew. Suzanne was last seen in May 2020, and her body has never been found. As CrimeOnline previously reported, Suzanne appeared to be having a long-distance affair at the time of her disappearance and had communicated her desire to end her marriage.

Yahoo! obtained a motion filed in Fremont County Court that alleges prosecutors and members of law enforcement made false statements. According to the report, the defense team claimed that police officers lied about the reason for Barry Morphew’s arrest in May 2021.

The court documents also charge that investigators found DNA evidence in Suzanne Morphew’s car that was a partial match for an accussed sex offender, but did not disclose that in the arrest affidavit or at Barry Morphew’s preliminary hearing. The accused sex offender did not cooperate with the investigation, according to the report.

In the motion, Morphew’s lawyer says his client should not have to go to trial, risking what the attorney says would be a wrongful conviction.

“To force Mr. Morphew to continue to carry this boulder up the trial mountain weighed down by the ultimate consequence of being sentenced to life imprisonment without parole if wrongly convicted; by his daughter’s emotional welfare; and by his financial resources, in the face of endemic misconduct orchestrated by the prosecution, is wrong.”

Barry Morphew has consistently maintained his innocense. A judge has not yet ruled on the motion.