Larimer County prosecutors argued Tuesday that the lawsuit Tim Masters filed against them should be dismissed because they were acting within the scope of their jobs when they were building a flawed case against him.
Jolene Blair and Terence Gilmore, now 8th Judicial District judges, say they are entitled to qualified immunity or absolute immunity under the law and should not be held liable for Masters’ wrongful conviction and imprisonment.
The 8th Judicial district attorney’s office is also asking for a dismissal on grounds that the entity cannot be sued.
The arguments were heard Tuesday before U.S. Senior District Judge Lewis T. Babcock. The judge said he would issue a written ruling after taking the matter under advisement.
Last Friday, Babcock dismissed Larimer County and the Larimer County Board of Commissioners from the lawsuit because the entities do not supervise or set policy over the prosecutors.
Masters’ lawsuit says that Blair and Gilmore manufactured evidence and withheld exculpatory information in order to get an arrest and a conviction. He also sued Fort Collins police.
A year ago, the state Supreme Court’s regulatory office publicly censured Gilmore and Blair for ethical misconduct while prosecuting Masters’ case.
Blair’s attorney, Kevin Kuhn, told Babcock that her role in the 11-year investigation began only in April 1998, two months before an arrest affidavit for Masters was drafted.
Masters’ lawyer, David Lane, said his client continues to suffer because of his criminal record and a ruined reputation.
“Mr. Masters is still living with this, his name out there is still being touted as a possible suspect,” Lane said. “They dismissed charges against him but have refused to make a public statement that he is innocent.”
Masters was released from prison in January 2008 after spending a decade behind bars for the murder of Peggy Hettrick, who was found stabbed to death in a field near his home in 1987. Advanced testing showed Masters’ DNA was not on Hettrick’s clothing.
Masters said he wants his reputation restored and because of the first-degree murder conviction on his record, it’s hard to find work.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
