Jan 21, 2008 4:00 pm US/Mountain
Masters Packs His Bags, Heads To Fort Collins
FORT COLLINS, Colo. (CBS4) ―
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Timothy Masters on Monday afternoon
CBS
Convicted murderer Timothy Masters is expected to be moved from the Buena Vista Correctional Complex to the Larimer County Jail on Monday ahead of his court hearing Tuesday morning where a judge will likely order his release after more than nine years in prison.
Masters said Sunday he can hardly believe that a special prosecutor is asking for a vacation of his conviction and possibly a new trial.
"I never imagined it would go down like this," Masters told Rocky Mountain News reporter Kevin Vaughan by phone Sunday. "I thought it would be in court. The way things were going, I expected this to last into the summer at least."
Investigators said Friday new DNA evidence tested by Masters' defense team and the Colorado Bureau of Investigation points to a different suspect.
Prison workers threw a party for Masters Friday after the announcement, family members said.
"We can't wait to see him get out," said Betty Schneider, Masters' aunt. "We want to talk to him on a regular basis. If he wants to call you, he won't have to push a button and when you are in the middle of sentence, it won't get cut off saying your time is up."
The Larimer County Sheriff's Office said deputies would drive to Buena Vista Monday and bring Masters back to Fort Collins sometime between mid-afternoon and early evening. They couldn't be sure of an exact arrival time because of the cold and snowy weather in Colorado.
Masters told the Rocky he was packing his belongings Sunday, taking family pictures but leaving behind a small television and coffee pot.
His attorneys spent the day shopping for a new suit and clothes that Masters said he wanted to wear when he is expected to walk out of the Larimer County Courthouse Tuesday on a personal recognizance bond, as recommended by the special prosecutor.
Masters was convicted in 1999 for killing Peggy Hettrick, 37, when he was a 15-year-old teenager living in Fort Collins. Although the murder happened in 1987, Masters wasn't arrested until about a decade later.
He was convicted on circumstantial evidence and expert psychological testimony about drawings he made which the prosecutors said were depictions of the murder. No physical evidence ever linked him to the crime.
As a result of hearings over the past year and the special prosecutor's new investigation, authorities have already admitted the original prosecutors and investigators failed to turn over key evidence to Masters' defense team during the trial as required by standard court procedure.
The two prosecutors on the original case are now district court judges in Larimer County and were expected to testify this week during the hearings about whether Masters should get a new trial.
Masters' attorneys have argued that documents that could have helped his defense were not provided to his trial attorneys. The Weld County district attorney already is investigating allegations of police misconduct in the case.
The Larimer County District Attorney will ultimately decide whether or not to pursue a new trial of Masters. Reports have indicated that sources inside the DA's office, legal experts and case observers all find the possibility of new charges being filed against Masters unlikely.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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