Barry and Suzanne Morphew.

A judge has dismissed the case againstBarry Morphew, the man accused of murdering his wife,Suzanne, who vanished on Mother’s Day in 2020, a spokesman for the Colorado Judicial Department confirms to PEOPLE.
Prosecutors filed the motion to “dismiss without prejudice” — meaning they could file charges against Morphew at a later date.
Morphew’s attorney, Iris Eytan, tells PEOPLE she doesn’t believe prosecutors will refile charges.
“What they said in their motion to dismiss was that they need a body; after two years' time, that’s what they think they need now, after they put Mr. Morphew through this hell,” she says.
“They might find Suzanne, but I’ll tell you what — it’s not gonna be linked to Mr. Morphew,” she adds.
Suzanne, a 49-year-old mother of two,went missingon May 10, 2020, after she is believed to have gone on a bike ride in Maysville, Colo., where she lived with her husband, Barry, and their two daughters. While her bike and helmet were recovered during searches, her body remains missing.
Suzanne Morphew.Chaffee County Sheriff’s Office

Almost a year after her disappearance, Barry was charged with first-degree murder, tampering with physical evidence, and attempting to influence a public servant.
After his arrest, Linda Stanley, District Attorney for the 11th Judicial District,said she was “confident"in the evidence against Barry.
Barry pleaded not guilty. His trial was scheduled to start in several weeks.
In August 2020, before his arrest, Barry spoke toFOX 21, stating that his wife’s disappearance was “the most devastating thing that has ever happened to me.”
Want to keep up with the latest crime coverage? Sign up forPEOPLE’s free True Crime newsletterfor breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.
“But I have got to keep my faith and trust in God,” he said. “And Suzanne trusted the Lord and if one person got saved from this, she would think it was worth it. And we are just a Godly, loving, caring, family and this thing is just a tragedy.”
Barry Morphew.Chaffee County Sheriff’s Office/AP/Shutterstorck

In 2021, Melinda Moorman phoned into a local Colorado radio stationHeart of the Rock Radio. When asked whether Suzanne had ever said anything that raised any red flags about her relationship with her husbandBarry, Moorman replied, “Yes, Suzanne did. She definitely made implications that she had concerns about her safety. … And the condition of their relationship had, I think, deteriorated quite a bit over the last several years.”
source: people.com