A federal appeals court dismissed Barry Morphew’s civil lawsuit Monday while prosecutors added two new witnesses to their October murder case.
The 10th Circuit Court of Appeals ruled 3-0 that Morphew failed to state viable claims against the officials who prosecuted him the first time. Judge Veronica Rossman wrote that the arrest affidavit, even accounting for Morphew’s allegations that it contained fabrications and omissions, established probable cause for his 2021 arrest.
Both the district court and the 10th Circuit acknowledged the first prosecution was badly handled. U.S. District Chief Judge Daniel Domenico wrote that Morphew, the state, and Suzanne Morphew herself all deserved better. Former District Attorney Linda Stanley was disbarred over it. The courts held, however, that misconduct does not equal an unlawful prosecution — and Morphew’s civil claims could not survive that distinction.
On March 31, DA Anne Kelly endorsed two new witnesses: Brandi Veltri of Salida and Rebecca Burroughs Hauser. Neither appeared on the original 150-plus witness list filed in July 2025. Witness endorsements do not require disclosure of their roles. The additions came two weeks before the April 13 deadline for all pretrial motions.
Trial is set for October 13 in Alamosa, anticipated to run six weeks.
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