Teri B.

Title
D.A.: Dismiss murder charge against Tim Masters

Link
D.A.: Dismiss murder charge against Tim Masters - CNN.com
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Excerpt

(CNN) -- A Colorado prosecutor Friday asked a judge to dismiss the first-degree murder charge against Tim Masters, who spent nine years in prison until new DNA evidence indicated someone else might have committed the crime.

Court papers filed by District Attorney Larry Abrahamson cited "newly discovered" evidence, but took pains to state that evidence didn't clear Masters.

"While the newly discovered DNA evidence does not exonerate Timothy Masters, it clearly warrants a complete re-examination of all the evidence related to the murder of Peggy Hettrick," the court papers state.

The motion seeks dismissal of the charges "in the interest of justice." It points out the DNA testing used to uncover the new evidence wasn't available when Masters was investigated and tried.

On Tuesday a judge threw out Masters' 1999 murder conviction, and he was freed -- also "in the interest of justice."

Although the motion signals that Abrahamson is dropping the Masters case, he did not rule out future prosecution.

In a statement, the prosecutor cautioned: "Contrary to news reports, the DNA testing results only suggest that there may be others, along with Timothy Masters, who should be investigated. These test results do not provide us with enough information to completely exonerate anyone."

Abrahamson said he has asked Colorado Attorney General John Suthers to appoint a special prosecutor to continue the investigation of Hettrick's slaying.

The attorney general will announce his decision early next week, Abrahamson said.

Masters, 36, has been investigated for Hettrick's murder since he was 15. He has insisted he had nothing to do with her death, and no physical evidence ties him directly to the crime. Watch Masters describe his anger at police »

A jury convicted Masters 12 years after the discovery of Hettrick's stabbed and sexually mutilated corpse in a field near his trailer.

Among the evidence jurors considered were a collection of knives found in Master's bedroom, gruesome sketches and testimony from a prosecution expert that he fit the psychological profile of a killer.

Masters' defense team said he was framed, and that police and prosecutors sat on evidence that could have raised doubt about his guilt.

The significance of Friday's motion to dismiss is largely procedural, but Abrahamson indicated earlier this week that it might be unnecessary to try Masters again.

"In light of newly discovered evidence revealed to me on Friday," Abrahamson said in a statement a week ago, "I will be moving as expeditiously as possible to make the determination of whether all charges against Timothy Masters will be dismissed."

Abrahamson also has vowed to review all "contested convictions" in which advances in DNA testing may prove useful.

He said he wanted to examine the legal discovery process and that he had met with the Fort Collins police chief and his officers "to discuss the critical flow of information with assurance that all information is available to our office and the defense."

Special prosecutor Don Quick filed a motion earlier this month citing four instances in which police and prosecutors should have handed over evidence to Masters' original defense team. See the key players in the case »

Among them was a police interview with a plastic surgeon who said it was improbable that a teen could have made the meticulous cuts necessary to remove Hettrick's body parts.

Also, according to Quick's motion, police failed to divulge that a renowned FBI profiler warned police that Masters' penchant for doodling gruesome horror scenes did not tie him to the crime.

Investigations into how police and prosecutors handled the case continue.

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Comment:

Story Highlights

NEW: D.A. seeks dismissal of Tim Masters murder case

Masters was released Tuesday; conviction was tossed

Masters convicted in 1999 of murder, sexual mutilation of 37-year-old woman

He spent nearly nine years in prison

Teri B.

Tim Masters sits in court earlier this week with attorney Maria Liu. (AP Photo)


Masters was 15 years old when Peggy Hettrick was brutally slain in 1987.


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THIS is why I don't believe in capital punishment.

serum114

I'm against capitol punishment also. Sometimes justice can be dictated by some knee jerk reaction and not evidence. Lynch mobs may not be as rare as we may think. Sometimes they are disguised as jurors, prosecutors and local law enforcement agencies, which can all be prone to fallibility.

__________________

The Edge... there is no honest way to explain it because the only people who really know where it is are the ones who have gone over.
Hunter S. Thompson

Teri B.

And the worst part is that someone did commit this horrific crime, and probably continued killing.

chambers92

Me too. At least it's one of the reasons.

Teri B.

Yeah, the whole playing God thing is a real problem for me.

chambers92

Exactly.

slowhand

I dont support the death penalty either..It is legalized murder as far as Im concerned, and once you execute a prisoner, theres no turning back if they find out later that the person was innocent

gorillamom

Yes. The only time I agreed with the death penalty was when Westly Allen Dodd convicted of molesting and killing little boys asked to be hanged. That was his choice, and they let it happen. He knew he would be harmed or killed slowly in prison and wanted a quick way out. He also asked for hanging because that's how he killed his victims. From what I understand it's actually cheaper to let them rot in prison than to execute because of all the legal appeals over many years. Ted Bundy is from my town and there were so many more victims we never knew about I'm sure and it will never be known now. I'm all for giving them truth serum, if it actually works.

__________________

The Clock of life is wound but once,
And no man has the power,
To tell just when the hands will stop
On what day or what hour.
Now is the only time we have,
So live it with a will,
Don't wait until tomorrow,
The hands may then be still.

Sean

If his DNA was not there he should be freed. DNA should enable us to actually speed up the death sentence and make sure we get rid of the right animal. I'm in favor of the death penalty for rapists, child molesters and cold blooded killers. DNA should free our conscience.