Barry Morphew is set to appear in court for his initial appearance after a grand jury indicted him, charging him with the murder of his wife, Suzanne Morphew.

Officials said Barry Morphew will appear in court on Tuesday at 1:30 p.m. local time in Alamosa, Colorado. Barry Morphew was charged with murder in the first degree after deliberation on June 20 after the state convened a grand jury. He was extradited from Arizona on Monday, and is now at the Alamosa County Jail.

Barry Morphew’s attorney, David Beller, told Fox News Digital that Morphew “maintains his innocence.”

“Yet again, the government allows their predetermined conclusion to lead their search for evidence,” Beller said. “The case has not changed, and the outcome will not either.”

In this still image from video, Barry Morphew, center, appears in court in Salida, Colo., on May 6. (KUSA via AP, Pool)

“Ultimately, the prescription records show that when Suzanne Morphew disappeared, only one private citizen living in that entire area of the state had access to BAM: Barry Morphew,” the indictment states.

Barry Morphew was initially charged with the murder of Suzanne Morphew in 2021, but those charges were dropped after prosecutorial misconduct. In that case, the charges were dismissed without prejudice, meaning he could be re-charged.

Court documents indicate Suzanne Morphew wanted to leave her husband, but was waiting for the right time. 

Fox News Digital’s Audrey Conklin contributed to this report.