She was speculating IMO. See CourtTV link just brought forward.
Excerpt below.
According to documents obtained in October 2021, attorneys representing Barry intended to sue prosecutors and investigators for what they claim is unlawful arrest, malicious prosecution, and defamation. Attorneys claimed investigators omitted crucial evidence in the case, including DNA evidence from an alleged sex offender, and engaged in “extreme and outrageous conduct.” They said they intended to file a lawsuit against 26 individuals associated with the Chaffee County Sheriff’s Office, the 11th Judicial District Attorney’s Office, the Colorado Bureau of Investigations, and the Federal Bureau of Investigations.
The documents indicate that the attorneys alleged that DNA evidence found in the glovebox of Suzanne’s car matched “the same profile as a single or multiple individuals across the country involved in sexual assault cases,” and say that after a year of having the evidence, Chaffee County Deputy District Attorney Jeff Lindsey followed up on an individual in Phoenix who appeared to match the DNA profile found on Suzanne’s glovebox, but the Arizona individual refused to cooperate and retained a lawyer. As the case moved from the investigation stage into the courtroom, it gained more and more local and national attention, media coverage and negative pretrial publicity, according to an order. As a result of this, the court decided on Feb. 1, 2022 Barry could not receive a fair trial in Chaffee County, and the case was moved to Fremont County. The case was set to stay in the 11th Judicial District.
“This is a high-profile case in a relatively small county with a small jury pool,” the order reads. “The media saturation is high.”
About a week after the announcement that the trial would move counties, Barry’s defense team filed a motion to dismiss the first-degree murder case against him, noting that an investigator had recently called the arrest “premature.” His attorneys claimed the remarks made by Colorado Bureau of Investigations Agent Joseph Cahill during a Dec. 2, 2021 internal affairs interview are grounds to dismiss the case. Cahill worked on the Morphew investigation shortly after Suzanne went missing. In the defense’s motion, attorneys claim that Cahill said Barry’s arrest was premature and the “worst” decision that could be made.
Defense attorneys argued that that conversation was not brought up during previous court hearings and that they only learned of Cahill’s interview in January 2022 and saw the taped conversation in February. They asked the judge to dismiss the case because of “prosecutorial discovery violations.”
A few weeks after that was filed, on Feb. 23, 2022 prosecutors filed a response, calling the defense’s motion “utter nonsense” and said Cahill had been “thoroughly discredited,” and was only offering his opinion.
On April 19, 2022, a Fremont County judge granted the prosecution’s motion to dismiss the murder case against Barry. The motion asked the court to dismiss the charges without prejudice, meaning he could be tried again if prosecutors refile charges.
The prosecution listed two reasons for asking for the dismissal: First, that law enforcement said they believed they knew where Suzanne’s body was located and they needed snow to melt to find her. Second, prosecutors said they feel that because the judge in the case ruled in 2022 that they could not call most of their expert witnesses at trial because of discovery violations, they would need to find Suzanne’s body to prove the case.
After this motion was granted, Barry’s defense attorney Iris Eytan said there had not been “a single ounce” of physical evidence connecting Barry to Suzanne’s death. She said her team was going to get Barry acquitted after a trial.
www.thedenverchannel.com
edited by staff to add media link
www.crimewatchers.net
