A detective and prosecutors did not commit crimes when they put together a murder case against a man whose conviction was later overturned on DNA evidence, a special prosecutor said Tuesday.
Although he found no criminal conduct, Weld County District Attorney Ken Buck said he did find disturbing flaws in the investigation and prosecution of Timothy Masters. Buck was appointed special prosecutor to investigate the case in neighboring Larimer County.
Masters' defense attorneys said lead detective Jim Broderick may have perjured himself and illegally eavesdropped on Masters. The defense also said overzealous prosecutors ignored evidence that could have cleared Masters of the 1987 slaying of Peggy Hettrick.
Masters was freed from prison in January after 9 1/2 years.
Weld County gave Jim Broderick the presumption of innocence Larimer County didn't give me, Masters said in a statement to Denver station KUSA-TV.
Masters did not return phone messages to The Associated Press.
Noting the finding that the investigation was flawed, one of Masters' attorneys, Maria Liu, said: We look forward to Jim Broderick's heartfelt apologies to Tim Masters for ruining his life.
Broderick faced perjury allegations for testimony that was the result of poor crime scene analysis but was not criminal in nature, Buck wrote.
The eavesdropping allegation centered on whether Broderick secretly taped a conversation between Masters and his father, Clyde, the day after Hettrick's body was found.
Broderick was asked by a supervisor to tape the conversation and was not responsible for obtaining consent, Buck concluded. Also, the statute of limitations had run out, he said.
Defense attorneys decided not to include the conversation — where Masters vigorously declared his innocence — because they didn't think it would count as admissible evidence, Buck said. Prosecutors were not responsible for that decision, Buck wrote.
