Jan 14, 2008 7:53 pm US/Mountain
Officer Investigated In Masters' Bid For New Trial
FORT COLLINS, Colo. (CBS4) ―
-
-
Timothy Masters in court on Jan. 2, 2008.
CBS
A special prosecutor is looking into whether a Fort Collins police investigator broke the law during a murder investigation.
Tim Masters is serving a life sentence for the crime. He is seeking a new trial -- eight years after his conviction.
A jury found Masters guilty of the 1987 killing of Peggy Hettrick. Masters was convicted more than a decade later, though no evidence linked him directly to the crime.
Weld County District Attorney Ken Buck is the special prosecutor looking into whether police broke the law as they built the case that landed Masters behind bars. Det. Jim Broderick was the lead investigator in the case that sent him to prison.
Masters was 15 years old in 1987. That's when the court filing says Masters was the victim of illegal police eavesdropping. In the motion for an investigating of possible criminal activity by the Fort Collins police, Masters' legal team says the teenager and his father were led to believe they were having a private conversation that was, in fact, recorded by investigators.
In the tape, Masters denies any involvement in the murder and sexual mutilation of Hettrick. Larimer County District Attorney Larry Abrahamson told CBS4 he didn't make any decision about the motion, just sent it directly to Buck.
Buck confirmed he will act as special prosecutor, but declined to comment, saying he needs time to review the case. He will look into whether Broderick perjured himself when in court when he said he's had no involvement in the Masters case for five years, although his notes suggest that he was still involved.
It's unclear how the new criminal investigation will affect Broderick's willingness to testify at hearings set to continue next week.
Broderick did not return a call from CBS4 on Monday. His voicemail indicated he's out of the office.
Neither of the district attorneys would speak on-camera about the case Monday.
The judge in Master's quest for a new trial has said he wants to hear Broderick's explanation of all sorts of wrongdoings alleged by Masters' legal team, but Broderick may not be inclined to talk, now that he's the subject of a criminal investigation.
When Masters' hearings resume, the judge hopes to hear testimony from the investigator and two former prosecutors, to get their explanation of why it appears some evidence was withheld at the initial murder trial.
(© MMX CBS Television Stations, Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
Special Prosecutors' Court Filing
Click to enlarge
Stumble It!
Reporting
Comments