Live coverage from Tuesday's hearing
Rocky Mountain News
Published January 22, 2008 at 7:42 a.m.
Updated January 22, 2008 at 3:49 p.m.
Photo by Chris Schneider © The Rocky
Tommy Wymore, 7, shakes hands with Tim Masters at the Elks Lodge after Masters was released from prison at the Larimer County Justice Center in Fort Collins on Tuesday. Wymore's father was part of the defense team.
Photo by Barry Gutierrez © The Rocky
A smiling Tim Masters appears at a news conference at the Larimer County Courthouse in Fort Collins today shortly after his conviction was vacated.
Photo by Courtesy: CBS4
Timothy Masters
Photo by V. Richard Haro, Fort Collins Coloradoan
Tim Masters after arriving in Fort Collins on Monday.
Photo by Chris Schneider © The Rocky
Kim Langren (facing) hugs Theresa Cromer as family members of Tim Masters gather in the doorway of courtroom 2A for Masters' releaseJanuary 22, 2008. Langren and Cromer are cousins of Masters.
FORT COLLINS — 3:49 p.m.
It may have taken a while to determine Tim Masters didn't get a fair trial, but in the end, the system worked, Adams County District Attorney Don Quick said today.
"It's always a good day when the truth comes out," Quick said.
Quick said his office, appointed as special prosecutors in the case, will turn over material from its nine-month investigation to Fort Collins police, who will work with Larimer County prosecutors to determine whether charges against Masters should be dropped, and whether to charge anyone else with the crime.
He declined to comment on any new potential suspects, or whether the people who investigated the case should be held liable for damages.
He also said it isn't his place to comment on whether Tim Masters is innocent.
As special prosecutor, Quick's office was asked only to determine if Masters had received a fair trial.
Masters' defense raised three issues in its motion for a new trial: That Masters' right to due process was violated because certain evidence wasn't given to his defense attorneys at the time; that new, material evidence had been found; and that Masters' original trial counsel was ineffective.
Attorneys spent weeks hearing testimony about other possible suspects and material that wasn't given to the defense. They had not completed testimony on those issues, or heard evidence of ineffective counsel, before the DNA match was found.
And while evidence seemed to be mounting in Masters' favor during the weeks-long hearings, Quick said the information presented wasn't enough for him to determine that Masters didn't get a fair trial -- until the DNA match.
He said just because evidence isn't turned over doesn't mean due process has been violated. That evidence has to be so material that there is a reasonable probablility it could have let to a different outcome.
He said he still wanted to hear from the original prosecutors in the case, now judges, who wanted to take the stand and testify.
They would have testified that they didn't receive the information from investigators, and that they don't believe that evidence was enough to be considered a due process violation, Quick said.
Quick also said he knows there are a lot of members of the public who would have liked to have heard from the original prosecutors.
"In some ways, cutting the process short is going to leave some unanswered questions," he said.
Asked if Masters got a fair trial, Quick responded:
"No. And the reason being that this DNA evidence wasn't available back in 1999."
He also said there was no one at fault for the unavailability of the DNA technology at the time.
Asked to comment on his overall thoughts about the case, Quick said things had been moving so fast the past few days, he only could comment from the perspective of his office.
"My thought is, we had a job to do and sometimes it was a very tough job," he said. "My team did a very good job and I'm proud of them."
He also said he talked to Peggy Hettrick's family on Friday and they were OK with his decision.
"They want to know what the truth is," he said.
-- Sara Burnett
12:40 p.m.
After leaving the courthouse, Masters was driven about four blocks to the Elks Lodge where he was greeted by dozens of family members in an upstairs banquet room.
At one point, Masters grabbed the microphone at the front of the room to thank his family for their support over the 10 years he was behind bars.
"I don't know if I could have made it through this without you guys," he said.
Masters also met a number of cousins.
"I have so many new cousins," he said. "I've been locked up 10 years. I'm meeting some people for the first time."
--Kevin Vaughan
11:22 a.m.
Timothy Masters addressed the media shortly after the judge's decision was announced. "I'm a little overwhelmed here, so bear with me'' he said, thanking his friends and family "who stuck with me all these years." He also thanked the media for bringing his story to light. Then, he added: "I love this suit and tie."
--John Boogert
11:17 a.m.
David Montero recounts the scene in the courtroom during the fateful moments:
District Judge Joseph Weatherby just came back in. Asked everyone to check their cell phones and then, leaned back in his chair to check his own.
Masters just walked in, wearing a blue blazer and gold tie. He had a small smile on his face. The family began filing in, about 50 of them. They’re stacked deep – almost all the way to the court reporter.
Cameras continued to fire away at them. The judge then listened to Special Prosecutor Michael Goodbee.
“The results of the these DNA tests have been confirmed in large part by the (CBI) very recently and we feel, given this new evidence and given the impact of it, the people’s motion in this case is in the best interest justice,” he said.
After a few more words and no objections from Masters’ attorneys, the judge vacated the murder conviction and sentence.
Masters is a free man – until Feb. 5 when he has to appear in court again.
--David Montero
11:05 a.m.
Masters is ordered to return to court Feb. 5 and is free on $200,000 personal recognizance bond.
--John Boogert
11:02 a.m.
The court grants the motion to vacate the conviction. The court is now discussing possible bond for Masters.
-- John Boogert
11 a.m.
The special prosecutor is presenting his statement, opening the hearing. He is making a motion to vacate Timothy Masters' 1999 conviction for the 1987 murder of Peggy Hettrick.
--John Boogert
10:55 a.m.
Tim Masters just came into the courtroom wearing a blue blazer and yellow tie. The judge just asked everyone to avoid any outbursts. Masters' family is streaming in and is lining up around the wall of the courtroom.
--David Montero
10:30 a.m.
We're still waiting for the hearing to begin. Courtroom is still packed and people are talking with each other. Judge has come out a few times to talk with the attorneys privately, but basically, everyone is still waiting.
--David Montero
10:10 a.m.
The courtroom is full and most parties have returned. The hearing should begin shortly.
--John Boogert
9:53 a.m.
Deloris Valdez Jarvis and Myrna Poticha were so moved by the Tim Masters’ case, they arrived in court with yellow ribbons to hand out to everyone. The problem was, they didn’t make enough.
After going through 75 small ribbons and pins, the duo were scrambling to see if they could get more. They were also asking people to tie yellow ribbons around trees in support of Masters.
Poticha, who drove from Denver to see this “historic moment,” said she could barely stop from tearing up.
“Every time I talk about it, I start to cry,” Poticha said. “This is one of the most courageous men I’ve ever heard about. Even just saying that makes me start crying.”
Valdez, who was also handing out papers with the history of the yellow ribbon and its symbolism, put her hand on Poticha’s shoulder.
“This is a huge day for everybody,” Valdez said.
--David Montero
9:46 a.m.
Smiling friends and family are waiting in a festive atmosphere for the hearing to begin.
“It’s hard to describe,” said Tim Masters' uncle, John Masters. “It’s (like) saying there was a death, and all of a sudden, it turns out he is alive again.”
Across town, they had decorated an Elks Lodge with streamers and a “Welcome Home” sign and prepared two cakes.
--Associated Press
9:30 a.m.
Judge has just finalized the arrangements for photographers and other media members. Court is in recess until 10 a.m.
--David Montero
9:16 a.m.
District Judge Joseph Weatherby just asked for Masters family members to come in. There were 44, some of whom were holding hand-held video camera devices to record the historic moment. They crammed the courtroom, hugging and smiling like it was a family reunion.
Weatherby wasn’t amused.
“This is not a celebration in here,” he said. “You can celebrate outside the courtroom.”
There was immediate quiet. The judge continued to try and direct traffic, asking media outlets to file forward in the tiny courtroom to discuss who will be admitted during the proceedings.
--David Montero
9:09 a.m.
There was the sound of joy coming from the packed hallway outside the courtroom. It was Claudia and Ronald Ping – along with their two daughters – who had driven from Iowa to see their nephew become a free man.
His aunt said it took them 13 hours to drive and they arrived last night around 8. While cameras fired away at Masters’ aunt and uncle hugging, she smiled and tried to fight through the crowd to get in.
“That’s my nephew,” she said. “Let me in.”
She said they’ve been waiting more than nine years for this, but they never gave up hope that this day would come. And they risked a hair-raising drive across the snowy Iowa to get there. They said they wouldn’t miss it.
“We knew he was innocent and we knew he would get out,” she said. “With the Lord’s help and a lot of prayers.”
--David Montero
9:01 a.m.
About 30 minutes before the hearing is scheduled to start, the crowd in the small municipal courtroom is spilling out into the hallway. There is talk of moving the hearing to a larger courtroom, although no decision has been made yet.
There's a festive atmosphere -- family members of Masters are hugging and smiling. His sister, Serena, is sitting in the front row, ready to surprise him when he moves into the courtroom.
--Kevin Vaughan
8:59 a.m.
Michael Radelet, a professor of sociology at the University of Colorado, has been following the Tim Masters’ case since the beginning as a part of his research on erroneous convictions.
This morning, he sat in a crammed courtroom and anticipated, along with most everyone else, that the 36-year-old Masters would become a free man for the first time in more than nine years.
He said in the more than 1,200 wrongful conviction cases he’s studied, Masters’ conviction would have plenty of fallout.
“Careers were made on this case,” he said. “Mr. Masters will be the big winner today and those prosecutors will be the big losers.”
Radelet said the Masters’ case illustrates how prosecutors are loath to look at new elements of a case once they’ve filed the charges and gone forward with the case. He said this is another cautionary tale about zealous prosecution without regard to new evidence.
What will likely happen this morning was summed up succinctly by Josh Hoban, an investigator with Masters’ defense team.
“They’re going to earn that name, justice center, here in a bit,” he said.
--David Montero
7:42 a.m.
Outside the frigid Larimer County Detention Center, anticipation ran high this morning as officials prepared to transfer the man who, after nearly 10 years, had likely spent his last night behind bars.
"Did you hear about Tim Masters – he's in there," said Denisse Sanchez before sunrise as she walked to her car with her father, who she had just picked up from a work release program.
"Ten years," Sanchez said. "I can't even imagine. I was only ten years old," when Masters was arrested for the brutal 1987 murder of Peggy Hettrick. "He's lost so much."
Masters, who lived as a suspect for 21 years and has been in jail since August of 1998, is scheduled to appear at the Larimer County Courthouse for a 9:30 a.m. hearing where new DNA evidence could persuade a judge to release the 36 year old into the biting cold, and freedom.
--Jim Sheeler
6:55 a.m.
Word has it that TV's Dr. Phil will be in town for today's hearing.
The Fort Collins Coloradoan said Tim Masters' lawyers have been in touch with the celebrity psychologist.
Phil McGraw is doing a program on exonerations, the Coloradoan reported, and will feature Masters' conviction and pending release, his lawyers said.
--John Boogert
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January 22, 2008
8:15 a.m.
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plotz writes:
Dr Phil?! After Masters got screwed over based on a opinion from a forsenic shrink...if I were him, I would stay as far away from any of them as much as I could. Again, pyschology is not a science, it is at best opinions of human nature, the mind, etc based on theories and the prejudices/preconcieved notions of shrinks before them.
January 22, 2008
8:34 a.m.
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Spencer writes:
On the TV news last night they mentioned that the suspect is now her ex-boyfriend. Well, Duh, that was sure some fine police work.
January 22, 2008
9:02 a.m.
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Oh_Wise_One writes:
This DNA that "clears" him, I haven't seen where that is body fluids ie sperm. Wasn't there DNA testing 10 years ago? What exactly, is this DNA that "clears" him.
I'm not convinced that he is innocent. However, if he was innocent, I hope he gets a huge cash settlement.
January 22, 2008
10:24 a.m.
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johndoeboulder writes:
Oh_Wise_One -- you aren't very wise at all. Did you read a single article about this case before you posted your ignorant comment?
There has never been any physical evidence whatsoever linking Tim Masters to the victim.
Although DNA testing did exist at the time of Masters' original trial, there have been recent high-tech advancements in the extraction methods used for microscopic, trace amounts of DNA. Those methods did not exsit at the time of Masters' original trial.
The latest extraction methods yielded skin-cell DNA that matches the victim's ex-boyfriend, who was the last person known to be seen with the victim. NONE of the new DNA matches Tim Masters.
You should do some basic research before you spout off about things you don't know. BTW, this advice also holds true for some of the ridiculous local talk-radio hosts who apparently don't even do basic research before blabbing their ignorance over the air (Sean Rima, are you reading this????).
Here's a good start for ya: http://www.denverpost.com/evidence/ci...
January 22, 2008
11:49 a.m.
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ilip88 writes:
Anyone who still thinks that Masters killed anyone is an idiot. If the prosecutors decide to retry him for the murder than they are sick and twisted. The judge should have dismissed the charges against master with prejudice so the prosecutors will not be allowed to retry him. When he was convicted there was no physical evidence. This was a case of zealous police and prosecutors who found someone they could pin the murder on. Even one of their own police officers believes that Masters is an innocent man. My hope is that some legal action will be taken against the police department as well as the prosecutors involved in the case. I also think that the state should be paying for any legal fees involved in this case. And I also hope that Masters and his family will file a law suit for illegally imprisoning him and that he wins millions of dollars for them trying to ruin his life.I have read that he is not expressed much bitterness about what was done to him and he must be a really great guy because I am not sure I would feel that way if I was imprisoned for something I did not do. Shame on the police department and the prosecutors. You must feel really
proud yourselves for picking on a 15 year old kid.
January 22, 2008
1:32 p.m.
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Diff writes:
$10,000,000 a YEAR?!?!?!?!?
Get Real! (maybe your a lawyer sounds like something one of those opportunistic bottom feeders would come up with)
I agree he should get some compensation for his false imprisonment,but he should not be made into an instant multi Millionaire for it!
That's our money BTW and I don't want the state to hand anything like that amount of money.
What he needs now is some help and a lot of support (looks like he has that) moving back into society - becoming a functioning and productive member of society - not a hand out so he can do nothing and become a drug addict or alcoholic because he has no purpose or goals in life. I thing those who prosecuted him did so in good faith as they saw it at the time.
Happy for him he is free today tho!
Best of luck to you Tim - Take Care!
January 22, 2008
2:10 p.m.
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Diff writes:
I will concede the point of "prosecuted in good faith" - am not in a position or have enough knowledge about the specifics of this case to argue - I assumed that would be the case... and if what you say Ricky is true you are correct maybe they should spend some time behind bars! (if true)
"Better 100 guilty go free than one innocent man be imprisoned"
OUT
January 22, 2008
2:11 p.m.
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benn writes:
I saw some of Ricky's posts yesterday, s/he is completely hysterical and lacks any sort of logical reasoning...
Yesterday it was all about how rapists should be executed, and we should raise taxes to pay for courts, lawyers, prisons, etc. so that we can prosecute <b>every</b> case to the full extent (ie, no plea bargain of anytime)
Today s/he thinks we should give 10 mil to this guy EVERY YEAR!
January 22, 2008
3:33 p.m.
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ItsJustme writes:
3:33 p.m. Ex-boyfriend still not arrested.
January 22, 2008
3:39 p.m.
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Faux_Noise writes:
Does anyone care to comment on the death penalty, and that Masters could be dead now if he'd been sentenced to death?
January 22, 2008
4:45 p.m.
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Diff writes:
Good point Faux,
I had not thought of that in this case. But this does make you wonder how many truly innocent are in our State prisons. How many may have been executed in other states. -Makes me shudder.
That said, however I do believe the Death penalty should still be an option on the table, for the worst crimes and criminals. There are a number of automatic appeals that other things that serve as safe guards, but I am sure there have been innocent put to death as well.
That's another debate tho....
But this case could help make a good argument against the death penalty for sure ...
January 22, 2008
4:52 p.m.
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PonchoVia writes:
It's very encouraging to see that, at least in this case, the truth has come out and the right action was taken (although not soon enough) to set an innocent man free. Unfortunately, the police, investigators and DAs are often not interested in the truth as much as they are getting a bad guy - any bad guy, and the process becomes some sort of sick game. The game isn't so fun if you're Tim Masters, or one of what I suspect to be many others who are wrongfully accused. I can't even imagine the hell that Tim has been through. It reminds me of that short story, "The Lottery", which I didn't understand when I read it as a child.
January 22, 2008
5:04 p.m.
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HollyGoLightly writes:
Do they even know where the ex-boyfriend is?
January 22, 2008
5:37 p.m.
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PonchoVia writes:
Is there a Tim Masters fund set up that we can donate to, to help get him back on his feet? I would donate to such a fund if there were one. I seriously doubt he'll see any money from the state or local authorities, even though they should be paying him a pretty penny.
January 22, 2008
6:49 p.m.
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billypalooza writes:
An interesting article about the Media Frenzy at today's Masters hearing:
http://billypalooza.wordpress.com/200...—-media-goes-wild/
January 22, 2008
11:25 p.m.
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johndoeboulder writes:
HollyGoLightly -- the ex-boyfriend is Matt Zoellner (mentioned in this article: http://www.denverpost.com/evidence/ci... )
But, you're right -- I've seen almost zero mention of him by name in most articles (and I've read a lot of them lately). I wonder why that is. I would hope that the wheels are turning behind-the-scenes to arrest him or at least question him. In addition to potentially murdering Ms. Hettrick, he also should pay dearly for letting another man do ten years in prison on his behalf.