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DA will not press murder charges

But Abrahamson motion does not clear Masters, 36

April M. Washington and Sara Burnett

Published January 26, 2008 at 12:30 a.m.

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The Larimer County district attorney on Friday filed a motion to dismiss murder charges against Tim Masters but stopped short of exonerating the 36-year-old who spent nearly 10 years in prison before new DNA evidence helped free him earlier this week.

District Attorney Larry R. Abrahamson also has asked Gov. Bill Ritter to appoint Attorney General John Suthers to investigate the 1987 killing of Peggy Hettrick.

Abrahamson said he wanted the attorney general's office to take over the case "to avoid any perceived appearance of bias or conflict."

The governor is expected to approve the request early next week.

A judge still must rule on the motion filed by the district attorney to dismiss charges against Masters.

Because Abrahamson didn't clear Masters, his attorney, Maria Liu, called the motion hollow.

"We know and they know and everybody else knows that there is not one shred of evidence against Tim Masters," said Liu, of Greeley. "They don't have the guts or integrity to acknowledge it." In a news release, Abrahamson said the new evidence is not enough to exonerate Masters. But he said the evidence "justifies further investigation."

"The goal of our criminal justice process is to ensure, as best as humanly possible, that everyone will be treated fairly," he said. "I will do whatever it takes to ensure that standard is met."

Ritter's spokesman, Evan Dreyer, said the governor will closely consider the district attorney's request for the state to take over the murder investigation.

Ritter likely will make a decision by early next week.

'A rare request'

"It's a rare request," Dreyer said. "We want to look at this thoroughly. At the same time, we understand the importance and urgency of this case."

Masters was arrested in 1998 for the killing of Hettrick, whose body was found 11 years earlier in a south Fort Collins field.

He was convicted in 1999, based largely on circumstantial evidence.

In 2003, Liu took over his case. She recruited David Wymore, the former state public defender, and a team of former police officers who had doubts about the case to help win Masters a new trial.

In recent months, the team uncovered hundreds of pages of documents that were improperly withheld from the lawyers who defended Masters at his trial, and raised numerous questions about the conduct of police officers and the prosecutors who took the case against Masters to a jury.

They also enlisted the help of a laboratory in the Netherlands, which used a new form of DNA technology to test skin cells found on the clothes Hettrick was wearing when she died.

Last Friday, the Colorado Bureau of Investigation announced the DNA matched someone other than Masters. Sources have said it matches Hettrick's former boyfriend, a Fort Collins man.

On Tuesday, Adams County District Attorney Don Quick, who was appointed special prosecutor in the case, filed a motion asking that Masters' conviction be thrown out.

A judge granted the request, and Masters walked free.

But the criminal charges still were hanging over his head, and it was yet to be determined whether the Larimer County District Attorney's Office would drop the charges, take Masters to trial again or pursue other suspects.

Quick supports Abrahamson's request that Suthers' office take over the investigation, but declined to comment on the Larimer County district attorney's decision to dismiss charges against Masters.

"Having John Suthers follow up on new evidence is a good thing," Quick said. "It's owed to Peggy Hettrick and the people of Colorado to move forward to see if the evidence can take us somewhere in this case."

washingtonam@RockyMoun tainNews.com or 303-954-5086

Aid fund

Attorneys for Tim Masters have set up an official fund for anyone wishing to donate money for him.

Master's attorneys said they've been overwhelmed by an outpouring of support from the public since his release from prison this week. Several funds and Web sites have been set up to collect donations, they said.

And while the lawyers appreciate the effort, they said they wanted to set up an official fund to protect Masters and the public from any "illegitimate sources." It is the only authorized Masters fund, and 100 percent of donations will go to Masters, according to a statement by the law offices of Collins, Liu & Lyons.

* Those interested in donating may send money to:

Tim Masters

c/o Collins, Liu & Lyons, LLP

812 8th St. Plaza

Greeley, CO 80631

Comments

  • January 26, 2008

    7:03 a.m.

    Suggest removal

    flash1 writes:

    Now wait a minute. Abrahamson says the DNA does not exonerate anyone, only adds more people. How can that be if there is NO DNA of Masters. This guy is a piece of work. Glad I don't live in Ft. Collins.

  • January 26, 2008

    11:38 a.m.

    Suggest removal

    LoFat writes:

    A complete exoneration of Mr. Masters would be the same as admitting they were totally wrong. How many ambulance-chasing attorneys would get involved in the mix just to get a major settlement from the city and county? They are probably just trying to cut their losses. The man has lost the heart of his youth. How can you set a price on that? Betcha the amoral attorneys can and brother will it be high!!

  • January 26, 2008

    2:20 p.m.

    Suggest removal

    jmfslots writes:

    This is ridiculous. DNA from three persons was found and none was Tim Masters. Larimer County has already robber Mr. Masters of his youth thru their previous prosecution of him. Now Abrahamson is trying to avoid a large settlement and protect the Judges (Former Prosecutors)and Police. Enough harm has been done to Tim Masters and now it's time to pay the piper. How many other cases were railroaded in Larimer County?

  • January 27, 2008

    10:16 p.m.

    Suggest removal

    jakelaw writes:

    Abrahamson, the morally corrupt Judges and Police should be prosecuted and run out of office. They bring enormous discredit to our whole system of justice.