Nov 8, 2007 10:58 pm US/Mountain
Masters' Legal Team Claims Foul Play By Judges
Former Prosecutors In Masters Case Now District Court Judges
by Mike Hooker
FORT COLLINS, Colo. (CBS4) ―
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Timothy Masters (File)
CBS
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Peggy Hettrick (File)
CBS
The legal team trying to win a new trial for a man convicted of a 1987 murder claims former prosecutors who are now district court judges withheld evidence in the case.
Timothy Masters was convicted eight years ago, but his case is now big news again.
Defense attorney Erik Fischer took the stand Thursday, speaking against a police detective who, eight years ago, told jurors that Masters was the only suspect who could have killed and sexually mutilated Peggy Hettrick.
"That is incorrect and false testimony designed to mislead the jury and not give him a fair trial," Fischer said.
Fischer said the officer's testimony was incorrect because police and former prosecutors Jolene Blaire and Terry Gilmore knew about another possible suspect, Dr. Richard Hammond, but didn't give his name to Masters' legal team.
"So who is the biggest sexual pervert in South Fort Collins history?" Fischer asked, and the said, "It's Dr. Hammond and we change every single cross examination of every single witness based upon that information. There is not a question."
Masters' legal team says knowing about Hammond would have changed the entire trial.
"Now, Jolene Blaire can't get up and say the only person with the motive and opportunity is Mr. Masters," Fischer said.
Blaire and Gilmore are now district court judges in Larimer County. Both knew Hammond socially. Masters' legal team says prosecutors told them they'd ruled Hammond out as an alternate suspect, even though he lived next to the murder scene, had the medical skills for mutilation described as surgical, and had an elaborate system for video taping women in his bathroom.
"Turn it over and then we'll fight about whether he really is an alternative suspect or not," Fischer said. "That's their duty."
Both judges declined to comment on Thursday's testimony.
Masters' team also spent part of the day questioning a police detective about why an elaborate surveillance operation was never disclosed, particularly since is showed Masters not doing any of the suspicious things police thought a murderer might do.
There will be more testimony Friday. The special prosecutor hasn't started to present his case yet.
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