Jan 21, 2008 1:15 pm US/Central
Convicted Murderer Expected To Go Free
FORT COLLINS, Colo. (CBS) ―
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Timothy Masters (file)
CBS
Convicted murderer Timothy Masters is expected to be moved from the to the Larimer County, Colorado Jail on Monday ahead of his court hearing Tuesday morning where a judge will likely order his release after 9 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.
Investigators said new DNA evidence tested by Masters' defense team and the Colorado Bureau of Investigation points to a different suspect.
The Larimer County Sheriff's Office said deputies would drive to Buena Vista, Colo. Monday and bring Masters back to Fort Collins, Colo. 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.
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.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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