SALIDA, Colo. — The lead prosecutor in the case against Barry Morphew, who was accused of killing his wife Suzanne, has been accused of retaliation against the judge presiding over the now-dropped case.
The Attorney Regulation Counsel on Thursday filed a complaint against Mark Hurlbert, a deputy district attorney for the 11th Judicial District Attorney's Office. The complaint, which was filed with the state Supreme Court, accuses Hurlbert of joining an effort by DA Linda Stanley to discredit Judge Ramsey Lama. It also accuses Hurlbert of not disclosing evidence and expert testimony to the defense in the time frame that is required.
The accusations revolve around the high-profile case involving Barry Morphew, who was charged with murder in the death of his wife Suzanne Morphew in 2020. The charges were dropped just days before the trial was set to begin.
The complaint includes text messages between Hurlbert and Stanley where they discuss investigating Lama after a series of rulings against the prosecution.
In one of the messages, the complaint says Hurlbert texted the prosecution team, "Do all of you have some time to talk tonight? Judge is messing with us again."
It says Hurlbert confirmed or agreed with the prosecution's decision to enlist its own investigator to interview the former wife of Lama, in an effort to uncover information about Lama that would be cause for recusal or disqualification in the case.
A complaint was previously filed against Stanley. That complaint alleges Stanley made multiple missteps in the Morphew case, which include the above-mentioned investigation into Lama, speaking to "true crime" podcasts, showing up late repeatedly for court, and discovery violations.
In December, Stanley responded to the allegations, admitting that she did in fact launch an investigation into Lama because she didn’t agree with his rulings.
Lama said they went after him for false claims that he abused his ex-wife based on online conspiracy theories.
The complaint against Hurlbert claims he went along with this plan despite no credible evidence Lama had physically abused his ex-wife or evidence of any other conduct that would justify a criminal investigation.
It says Hurlbert's actions constitute an abuse of power and were contrary to a prosecutor’s responsibility to act as a minister of justice.
The complaint also claims Hurlbert failed to timely and completely comply with requirements over expert witness disclosures even after the court granted additional time. The complaint says a lack of diligence resulted in the prosecution's expert disclosures to Morphew were untimely, incomplete and inaccurate.
Hurlbert denied the allegations and said he'll file a response.
Hurlbert was the elected DA who handled the Kobe Bryant sexual assault case in Eagle County and worked in Arapahoe County after that. He was assigned to take over as lead counsel in the Morphew prosecution in October 2021.
The Attorney Regulation Council regulates the practice of law in Colorado by overseeing attorney admissions, attorney registration, mandatory continuing legal and judicial education, attorney diversion and discipline, regulation of the unauthorized practice of law, and inventory counsel.
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