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The original case was prosecuted by then District Attorney Terry Gilmore and Jolene Blair, both now district judges<ref name=DPsketchy/>. On September 9, 2008, the [[Colorado Supreme Court]] censured Gilmore and Blair. In an agreement with the Colorado Supreme Court's Office of Attorney Regulation, Gilmore and Blair acknowledged failing to ensure defense attorneys received several key pieces of information obtained by police that called into question Tim Masters' guilt. The prosecutors failed to gather the information from police despite indications that it existed.<ref>http://www.cnn.com/2008/CRIME/09/10/masters.case.ap/index.html Prosecutors rebuked in Tim Masters murder case</ref>
The original case was prosecuted by then District Attorney Terry Gilmore and Jolene Blair, both now district judges<ref name=DPsketchy/>. On September 9, 2008, the [[Colorado Supreme Court]] censured Gilmore and Blair. In an agreement with the Colorado Supreme Court's Office of Attorney Regulation, Gilmore and Blair acknowledged failing to ensure defense attorneys received several key pieces of information obtained by police that called into question Tim Masters' guilt. The prosecutors failed to gather the information from police despite indications that it existed.<ref>http://www.cnn.com/2008/CRIME/09/10/masters.case.ap/index.html Prosecutors rebuked in Tim Masters murder case</ref>


Masters says he is not sure about his plans for the future but talked about going back into aviation. Masters served in the Navy for eight years following high school. He was an aircraft mechanic and worked for [[Learjet]] as a mechanic when he was arrested in 1997.<ref name=KUSAwalks/> The county has settled with Masters for US$4.1 million. The City of Fort Collins settled for US$5.9 million.<ref>http://www.9news.com/news/article.aspx?storyid=140627&catid=339</ref>
Masters says he is not sure about his plans for the future but talked about going back into aviation. Masters served in the Navy for eight years following high school. He was an aircraft mechanic and worked for [[Learjet]] as a mechanic when he was arrested in 1997.<ref name=KUSAwalks/> The county has settled with Masters for US$4.1 million. The City of Fort Collins settled for US$5.9 million.<ref>http://www.9news.com/news/article.aspx?storyid=140627&catid=339 City, Tim Masters settle for $5.9 million</ref>


==External links==
==External links==

Revision as of 21:26, 8 June 2010

Peggy Hettrick murder case
CourtDistrict Court, Larimer County, Colorado
Full case name The People of the State of Colorado vs. Timothy Lee Masters (Case No: 98 CR 1149)
Decided1999
Case history
Subsequent actionAll charges against Masters have been dropped

The Peggy Hettrick Murder Case concerns the unsolved 1987 death of Peggy Hettrick in Fort Collins, Colorado. Timothy Lee Masters (born June 25, 1971) was charged and convicted of the crime in 1999, and sentenced to life imprisonment without parole. His sentence was vacated in 2008. Masters may become the first convict in Colorado to be exonerated due to DNA evidence, although it was actually the absence of his DNA evidence on the body.[1] Currently nobody is charged with the crime.

Background

On February 11, 1987 a bicyclist discovered the dead body of 37-year-old Peggy Hettrick in a field in southern Fort Collins. According to the coroner, she died from a single stab wound in the upper left back, between 1:30 and 3:30 in the morning. Her body had been sexually mutilated, with the removal of one of her breast and a female circumcision [2], including what one doctor described as a partial vulvectomy; a procedure that requires high skill and quality surgical equipment to perform.[3]

Before the bicyclist found the body, Timothy Masters saw it while walking to school. Thinking it was a mannequin left as a prank, Masters did not report the body to the police. After Masters' father reported seeing him in the field that morning, police pulled Masters, then a 15 year old high school sophomore, out of class for questioning.

Investigation and conviction

Early in the investigation, Fort Collins detective and lead investigator Jim Broderick centered on Masters as the primary suspect. However, no physical evidence linking Masters to the crime was found. Despite intense questioning, Masters maintained his innocence.

On February 12 investigators, with Masters' father's permission, searched his room and locker. They found 2,200 pages of writings and violent artwork by Masters in his bedroom, backpack and school locker, along with a knife collection and a suitcase containing pornography.[4] A newspaper with articles about the body's discovery was found on his dresser next to his knife collection. However, no trace of Hettrick's blood or hair was found in Masters' room or among his belongings, including his clothes and knife collection.[3] Over 1,000 pages of Masters' violent artwork were admitted into evidence.

Two hairs were found on Hettrick, but they did not match Masters. Investigators also found unknown fingerprints in Hettrick's purse, but these did not match Masters either.[3]

With no new leads, on February 12, 1988 investigators planted an article in the local newspaper with misleading and false information in an attempt to incriminate Masters based upon consultation with the FBI Behavorial Sciences Unit.[5] However, Masters maintained his innocence. In 1992, during an interview with a former fellow high school student, investigators discovered that Masters told his friends details about the sexual mutilations. However, this information had never been made public or disclosed to Masters, and it was thought that only the killer would know those details. Investigators interviewed Masters again in Philadelphia, where he was serving in the Navy. He told investigators that a friend in his art class told him about the mutilations. The friend had been part of a group of Explorer Scouts helping the police search the crime scene, and was told of the nature of the mutilations early in the investigation. His story checked out.[3] The investigation reached a dead end until 1997.

In 1997 Broderick contacted Dr. J. Reid Meloy, a forensic psychologist from California. Meloy analyzed Masters' writings and artwork extensively and concluded, without having ever spoken with Masters, that some of the drawings represented Masters reliving the crime.[6]

In 1999, based mostly on the testimony of Reid Meloy and Master's own drawings, including one that Meloy interpreted as a knife cutting into a vagina and another drawing of a body being dragged, Masters was convicted and sentenced to life in prison for the murder.[7] Though some jurors had doubts about his guilt, his drawings and writings were cited by jury members as compelling evidence against him.[8]

Appeals

Soon after his conviction, Masters appealed to the Colorado Court of Appeals on the grounds that his drawings were inadmissible under rules of the court, as was testimony concerning a confrontation between Masters and a teacher before the murder occurred. Masters' defense team also objected to the testimony by Dr. Meloy[9]. The Colorado Court of Appeals unanimously upheld his conviction on February 15, 2001[10]. A further appeal to the Colorado Supreme Court was denied on October 15, 2002.[11]. On December 16, 2002 the Colorado Supreme Court denied a petition for rehearing in the case, effectively ending his first appeal[12].

In 2004 Masters mounted another appeal on the grounds of ineffective counsel. The state appointed a new defense team who immediately began investigating the case. The defense team discovered that evidence in case, including the hairs found on Hettrick and photographs of the fingerprints found in her purse were missing.[3] During 2007 hearings the defense alleged police and prosecutor misconduct in the investigation and trial. The defense argued that Jim Broderick perjured himself during the 1999 trial concerning his involvement in the case[13], and that prosecutors allegedly withheld evidence about links to Dr. Richard Hammond, a potential suspect in the murder[14]. In early 2008, special prosecutors assigned to the case agreed that critical information was not turned over to the original defense team[15].

On January 18, 2008 defense attorneys released evidence that further suggested Masters' innocence. Defense attorneys had DNA testing done in the Netherlands on evidence found at the scene, but the results did not include Masters' DNA.[16] Rather, the DNA results pointed to one of Hettrick's ex-boyfriends.[17] Special prosecutors assigned to the appeal recommended overturning Masters' sentence as a result of the DNA findings. The DNA results were confirmed by the Colorado Bureau of Investigation.

On January 22, 2008 a Colorado judge vacated Masters' conviction and ordered him released immediately. On February 5, 2008 District Attorney Larry Abrahamson and the Eight Judicial Circuit held proceedings to decide whether to retry Masters or to drop all charges against him.[18]

Prosecutors filed a motion to dismiss murder charges against Masters on January 26, 2008, though the Larimer County District Attorney stated that Masters has not been exonerated for the crime.[19]

Alternate suspects

Dr. Richard Hammond

In 1995 — seven years after the murder and two years before the retention of experts for the Masters’ trial — Dr. Richard Hammond, an eye surgeon, was arrested for secretly filming women's genitalia, including his own female family members, through fake ventilation grates in his downstairs bathroom. The cameras were positioned to allow for detailed, closeup viewing of the women’s genitals while sitting on the toilet. Investigators also found that Hammond kept thousands of dollars worth of pornography hidden in a locked office and in a storage shed in town, indicating an obsession with female genitalia. As a surgeon, Hammond had the skill and equipment to perform the precision mutilation found on Hettrick's body. In 1987 Hammond's bedroom window overlooked the location where Hettrick's body was discovered, and he was home the morning after the murder, despite his usually scheduled surgeries on that day of the week.

Hammond committed suicide in March 1995, several days after his arrest. The police were called to a La Quinta Motor Inn in north Denver. There, they found Hammond dead, an IV needle containing cyanide residue sticking out of his thigh. "My death should satisfy the media's thirst for blood," he wrote in the suicide note.[3]

Though investigators noted a possible link between Hammond and the Hettrick murder, no follow up investigation was done. Broderick ordered evidence in the Hammond case destroyed before it could be examined for any link with Hettrick [20] based upon the premise that he had committed suicide and there was no criminal investigation that would begin. The arrest of Dr. Hammond, and his subsequent suicide, was information withheld from Dr. Meloy and the other experts, and the FBI was not informed of this case by Larimer County to reconsider their profiling of Mr. Masters in 1987.

Matthew Zoellner

The DNA testing that led to the 2008 overturning of Masters' conviction also implicated a former boyfriend of Hettrick's, Matthew Zoellner. Zoellner was an initial suspect but was quickly ruled out in 1987. Officials plan to renew the investigation.[21]

Aftermath

The case has had implications regarding the laws protecting evidence in major criminal cases. Currently Colorado law has no requirement that evidence be preserved and shields liability to authorities who destroy evidence after criminal trials are complete. Partially as a result of this case Colorado lawmakers are expected to introduce legislation to study the problem in the 2008 session.[22]

On October 21, 2008, David Lane, a noted criminal defense attorney in Denver, Colorado filed a civil suit in federal district court against the Larimer County prosecutors, Terry Gilmore and Jolene Blair, as well as detective James Broderick, alleging violations of Timothy Master's civil rights. In their legal brief are facts concerning the Masters' case, including the withholding evidence from Dr. Meloy and other expert witnesses, including a surgeon consultant and a criminalist, and interference with the sharing of evidence among the expert witnesses, that would cast doubt on Timothy Master's involvement in Hettrick’s homicide and would have pointed toward other suspects. No information on the other suspects, including their existence, was provided to the experts at the time of their retention.

Lt. Jim Broderick is currently under investigation by the Weld County District Attorney's office over allegations that he perjured himself during the 1999 Masters trial and illegally wiretapped a conversation between Masters and his father in 1987. The Larimer County District Attorney plans an investigation on the same allegations.[23]

The original case was prosecuted by then District Attorney Terry Gilmore and Jolene Blair, both now district judges[3]. On September 9, 2008, the Colorado Supreme Court censured Gilmore and Blair. In an agreement with the Colorado Supreme Court's Office of Attorney Regulation, Gilmore and Blair acknowledged failing to ensure defense attorneys received several key pieces of information obtained by police that called into question Tim Masters' guilt. The prosecutors failed to gather the information from police despite indications that it existed.[24]

Masters says he is not sure about his plans for the future but talked about going back into aviation. Masters served in the Navy for eight years following high school. He was an aircraft mechanic and worked for Learjet as a mechanic when he was arrested in 1997.[17] The county has settled with Masters for US$4.1 million. The City of Fort Collins settled for US$5.9 million.[25]

References

  1. ^ Moffeit, Miles (2008-01-23). "Masters sees conviction vacated, awaits retrial hearing". The Denver Post.
  2. ^ Farrell, Jenn (1999-03-20). "Single wound killed Hettrick, jury told". The Coloradoan.
  3. ^ a b c d e f g Moffeit, Miles (January 21, 2008). "Sketchy evidence raises doubt". The Denver Post.
  4. ^ TIMOTHY MASTERS v. THE PEOPLE OF THE STATE OF COLORADO (SUPREME COURT, STATE OF COLORADO October 15, 2002), Text.
  5. ^ Neth, Cara (February 12, 1988). "Police see progress in year-old murder case" (PDF). The Coloradoan.
  6. ^ Vaughan, Kevin (September 27, 2007). "Lawyer: Innocent man paid price for Larimer prosecutors' blunders". CNN.
  7. ^ Vaughan, Kevin (November 6, 2007). "Lawyer zeroes in on docs in bid to win retrial in '87 slaying". Rocky Mountain News.
  8. ^ Gutierrez, Hector (January 23, 2008). "Juror had doubts but believes panel was right to convict". Rocky Mountain News.
  9. ^ Farrell, Jenn (June 8, 2002). "Teen murderer's conviction appealed". The Coloradoan.
  10. ^ "Colorado Court of Appeals Announcement Sheet". Colorado Bar Association. February 15, 2001.
  11. ^ "Colorado Supreme Court Announcement Sheet". Colorado Bar Association. October 15, 2002.
  12. ^ "Colorado Supreme Court Announcement Sheet". Colorado Bar Association. December 16, 2002.
  13. ^ Hughes, Trevor (December 1, 2007). "Masters seeks perjury probe". The Coloradoan.
  14. ^ Reed, Sara (November 12, 2007). "Withholding evidence center of two separate cases". The Coloradoan.
  15. ^ Hughes, Trevor (January 3, 2008). "Critical information left out in Masters' original trial". The Coloradoan.
  16. ^ McLaughlin, Eliott C. (January 18, 2008). "DNA points to new killer in '99 case". CNN.
  17. ^ a b Chodak, Adam (2008-01-22). "Masters walks free after 9 years in prison". KUSA-TV.
  18. ^ McLaughlin, Eliott (2008-01-22). "Conviction thrown out, Masters to go free". CNN.
  19. ^ Moffeit, Miles (January 26, 2008). "DA files motion to dismiss Masters' charges". The Denver Post.
  20. ^ Campbell, Greg (November 30, 2007). "Tim Masters case- Discovery Process is "A Complete and Utter Failure"". Fort Collins Now.
  21. ^ Reed, Sara (January 20, 2008). "Search for Hettrick's killer renewed". The Coloradoan.
  22. ^ Moffeit, Miles (2007-08-04). "Rep calls for protection of criminal evidence". The Denver Post.
  23. ^ Reed, Sara (2008-01-23). "Police to launch investigation into detective's methods in Masters case". The Coloradoan.
  24. ^ http://www.cnn.com/2008/CRIME/09/10/masters.case.ap/index.html Prosecutors rebuked in Tim Masters murder case
  25. ^ http://www.9news.com/news/article.aspx?storyid=140627&catid=339 City, Tim Masters settle for $5.9 million
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