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Feb 10, 2008 8:50 pm US/Mountain
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Legal Experts Put Masters Ruling In Perspective
Good Question: Could they build a new case in the Peggy Hettrick killing?
FORT COLLINS, Colo. (CBS4) ―
With Tim Masters out of prison, there's still a case to be investigated: What happened to Peggy Hettrick?
But even with evidence that points to someone else, it may not be so easy to prosecute.
"It can be picked up again," says CU Denver law professor Dr. Mary Dodge. "But the difficulties in that would be enormous."
Investigators have revealed there is a DNA match between Hettrick's former boyfriend and material found on her clothing, but it's not incontrovertible.
"Just because there's DNA evidence that says somebody touched somebody, it doesn't mean they're guilty of homicide," points out former prosecutor and DU law professor Karen Steinhauser.
The question arises about the influence a prior conviction against Tim Masters might have.
"From a defense standpoint and a Constitutional standpoint that you would be allowed to present a suspect, not just an alternate suspect, but a person who was charged and convicted," says Steinhauser.
But Dodge believes information about Masters' conviction might be limited by the judge.
"But who in Colorado hasn't heard about this so far," she points out, saying attorneys will likely seek a change of venue if there's another trial in the Hettrick killing. "People don't wipe things from their minds."
Memories change and juries have changed, the women point out.
Since Masters' conviction in 1999 Steinhauser says juries have seen a lot of CSI episodes on television.
"People have an expectation that prosecutors are going to be able to show them all this physical evidence and that's not the case."
Not always.
Steinhauser also believes juries in and out of the Hettrick case could be effected by Masters' being set free. It could make them more skeptical.
"In the jurors minds, they don't want to just look at beyond a reasonable doubt, they're going to want prosecutors to prove it beyond all doubt."
Still, both women say another trial in the Hettrick killing is not something that should be ruled out.
"It is difficult, but it is absolutely not impossible," says Steinhauser.
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