Barry Morphew was back in court today for the final day of a preliminary hearing that will decide if he goes on trial for the murder of his wife Suzanne.
His daughters Macy and Mallory - who reported their mother missing on Mother's Day 2020 - were seen leaving court Tuesday for a lunch break and have been supporting their father throughout his high-profile case.
The Colorado dad-of-two sat stone-faced wearing a light gray suit, black tie and white shirt as his attorneys Dru Nielsen and Iris Eytan began making the case for his defense.
The preliminary hearing concluded with Judge Murphy postponing a decision on whether to send it to trial for September 17. Morphew's attorneys declined to comment on the outcome of the four-day hearing when approached by DailyMail.com outside court.
Morphew's defense team insisted he's innocent and revealed to the court that male DNA was found on the glovebox of Suzanne's Range Rover that partially matches an unsolved sexual assault case in Tempe, Arizona.
Defense attorney Iris Eytan grilled CBI agent Joseph Cahill about the DNA investigation he led, flagging up the DNA match to the Arizona case where a woman was sexually assaulted outside a convenience store.
Suggesting another person could have murdered Suzanne, Eytan said another partial match was found between a sample obtained in Chicago and the DNA in Suzanne's car.
Cahill said investigators initially followed up to see if Morphew could be a suspect in the sexual assault case but found his DNA was not present in the Arizona case, opening up the defense's argument that another suspect could still be out there.
Barry and Suzanne Morphew's adult daughters Mallory (left) and Macy (right) - who reported their mother missing - were seen leaving the court for a lunch break on Tuesday
Morphew's daughters are seen leaving the court after Judge Patrick Murphy announced he will not make a decision today on whether to send the case to trial
Barry Morphew was back in court Tuesday for the final day of a preliminary hearing that will decide if he goes on trial for the murder of his wife Suzanne
Morphew's legal team, defense attorneys Dru Nielsen (left) and Iris Eytan (right) , are pictured arriving to court on Tuesday
Cahill said there were two suspects in the sexual assault case and while the lab found a partial DNA match between the sample found in Suzanne's car and a third subject, it didn't add up with either of the two main suspects.
He also insisted that the matches were not complete, saying there were doubts over whether the DNA from Tempe and Chicago were an exact match to the DNA found in Suzanne's car – saying court forensic investigators flagged it up as a potential lead rather than a match.
Police believe Morphew (pictured in his mugshot) could have hidden Suzanne's body in the abandoned lead mine which sits 10,000ft above sea level in the mountains outside Salida
DA Jeff Lindsey, for the prosecution, countered that Morphew's DNA was also found in his wife's car on the front driver door and the pocket behind the seat, as well as on the seat of her bike.
The judge in the Morphew case said he does not plan to make a decision over whether to send the case to trial today – citing the 25 pages of notes and 20 hours of testimony he needs to review.
Judge Patrick Murphy has now ordered a recess lasting for 30 minutes while he plots the next steps, with Morphew's attorneys asking him to free him from jail today.
Judge Murphy declined the request and said he would leave the decision to a later date.
Morphew's attorney Eytan told the court that she does not believe the prosecution has met the burden of proof to convict Morphew of Suzanne's murder.
Although the attorneys have remained inside the courtroom, Morphew's daughters Mallory and Macy have left and declined to comment when asked how they felt about the revelations of the past two days by DailyMail.com.
Morphew told police that wife Suzanne's fling with married lover Jeff Libler 'hurt me to the bone' during an interview revealed in court Tuesday.
Morphew's attorney Dru Nielsen also told how he broke the news of Suzanne's affair to their daughters Mallory and Macy – telling cops 'it's the hardest thing I've ever had to do'.
The court heard that Morphew, when asked where his wife could be, told cops: 'I think she left.'
Morphew has offered a series of different explanations for Suzanne's disappearance, beginning with the theory that she was taken by a mountain lion and then, a few weeks later, that she had been abducted by a local drug dealer he named as 'CBD Jeff.'
Earlier, the court had resumed a discussion over DNA evidence with Agent Joseph Cahill who said his team had attempted to identify the unknown male DNA found in Suzanne's car.
Suzanne Morphew was reported missing on May 10 after daughters Mallory and Macy were unable to get in contact with her.
Morphew, 53, made an anguished video begging for Suzanne to come home two days later but was charged with her murder a year later along with tampering with a corpse and voter
