Attorneys for a man who filed suit against prosecutors and law enforcement after his murder conviction was overturned by DNA evidence can begin taking testimony and gathering evidence after a judge denied a request to delay the case.
U.S. District Judge Lewis Babcock said Thursday that the claims by Tim Masters “directly implicate our judicial system” and the public has a right to hear how the courts handled his case.
Masters was released from prison in January 2008, nearly 10 years after being arrested and later convicted in the 1987 slaying and sexual mutilation of Peggy Hettrick in Fort Collins. Masters was released after DNA testing failed to place him at the scene and the discovery of evidence that had been withheld from defense attorneys during his trial.
All defendants have denied wrongdoing and claim immunity because they were acting in their official capacity. Masters’ suit seeks unspecified monetary damages.
