Dec 17, 2007 9:05 pm US/Mountain
Judge Wants To Hear From Masters' Prosecutors
Judge Also Wants Testimony From Lead Investigator
FORT COLLINS, Colo. (CBS4) ―
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Timothy Masters (File)
CBS
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Peggy Hettrick (File)
CBS
A judge wants to hear testimony from former prosecutors and an investigator before deciding if man convicted in a 1987 murder should get a new trial.
Tim Masters was convicted in the murder of Peggy Hettrick in Fort Collins. His attorney argued the testimony from former prosecutors is unnecessary.
For weeks Masters' attorneys ripped the prosecutors, who are now judges, and investigators, saying they withheld evidence. Monday, the judge reiterated that he hasn't decided yet if Masters should get a new trial and that he wants to hear the former prosecutors and the lead investigator respond to the scathing criticism.
Since Masters is a prisoner serving a life sentence, his attorney says any unnecessary testimony only keeps him in jail and prolongs the injustice of keeping him locked up if he'll eventually be set free.
Masters' team also detailed more evidence they say was withheld from the jury in Masters' murder trial, including a criminal profiler who contradicted the expert witness who took the stand for the prosecution.
"You can't lose with this. I mean, there's no way you can lose when you have him, with information from his expert on which the case hinges, disagreeing with everything he's trying to put forth," Masters' defense attorney Erik Fisher said in court. "How can you lose with that? You can't."
The next big step for the hearings is for the special prosecutor to start presenting his case in the next day or two.
The prosecutor said the plan is to have the two former prosecutors and the lead investigator explain why the jury didn't get to hear evidence which the defense says surely would have led to Masters' acquittal.
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