A Fremont County judge’s move Tuesday to dismiss the case against Barry Morphew clears him of charges for the moment, but potentially not long term.
clears him of charges for the moment, but potentially not long term. In dismissing the case “without prejudice” Judge Ramsey Lama left the door open for another case against Morphew.“I can’t imagine it would be dismissed with prejudice in this situation,” explained legal analyst Raj Chohan. “It would be hugely controversial.”
“Now the community wrongfully is going to believe that Barry just got away with murder,” said defense attorney Iris Eytan. “The prosecution was manufacturing a murder case,” she said also favoring dismissal with prejudice. “It was premature because guess what? We’re hearing it now 10 days before trial. No body, no evidence.”
“The Court functionally excluded the People’s best evidence to move forward in this case by severely limiting our expert’s testimony. Even if the Court were to partially reconsider its position on the need for such severe sanctions at this late hour, the People would still be left without several key expert witnesses initially endorsed. Without this crucial evidence, and without the victim’s body, the People cannot move forward at this time in good faith,” wrote Stanley.
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