Jan 23, 2008 6:27 am US/Mountain
Masters' Lawsuit For Compensation Could Be Tough
FORT COLLINS, Colo. (CBS4) ―
If prosecutors in Larimer County decide to drop all charges against Timothy Masters for the murder of Peggy Hettrick, legal experts say he'll have a tough fight if he decides to sue the government for compensation after more than 9 years in prison.
Masters' lawyers would have to prove willful and wanton misconduct on the part of investigators to overcome the defense of governmental immunity.
"Government officials are generally immune from suit unless they act maliciously, if they make a mistake they can't be sued, if they make the wrong choice, they can't be sued," said Bob Grant, former district attorney for Adams County.
The government can be sued for intentional misconduct intended to harm Masters.
The special prosecutor who moved to have the murder conviction and sentence set aside, has already admitted four pieces of potentially exculpatory evidence was never turned over to Masters' trial defense team. The key question will be, was it intentional?
"You have to believe that law enforcement generally believed that Tim Masters committed this horrible crime," said Craig Silverman, a defense attorney and former prosecutor. "That being the case you cannot hide evidence favorable to Tim Masters just because you think he is guilty."
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