Weld County District Attorney Ken Buck has decided to reopen a criminal investigation into whether Fort Collins police Detective Jim Broderick lied about his role in the 1989 surveillance of Tim Masters.
Citing new “information” emerging in proceedings tied to Masters’ civil-rights lawsuit against Broderick and the prosecutors behind Masters’ murder conviction, Buck filed a motion in Larimer County District Court on Tuesday asking the chief judge to reappoint him as special prosecutor to investigate possible perjury.
Last year, Buck cleared Broderick of allegations that he lied when testifying in Masters’ 1998 trial that he had no involvement in investigating Masters between mid-1987 and 1992 for Peggy Hettrick’s murder.
But in recent months, Broderick has disclosed e-mails and notes to Masters’ civil attorney, David Lane, showing he planned a 1989 stakeout operation of Masters, then 17 years old, coordinating radio communications and observation spots around his south Fort Collins home, among other details.
In his court filing, Buck said he didn’t have access to that documentation during his initial inquiry, prompting his decision to re-examine whether a crime was committed.
“The interests of justice would best be served by the appointment of a special prosecutor to conduct this additional investigation,” the motion states.
In an interview with The Denver Post on Tuesday, Buck said he sought “clarification” from the court to be sure he could proceed after previously informing Larimer County judges that his probe was complete. Last month he expressed concern that the new documentation, provided to him by The Post, “appears to conflict” with Broderick’s testimony.
Broderick’s attorney, Patrick Tooley, said his client had no comment on the new development.
“My client has cooperated in the investigation and will continue to do so,” Tooley said.
Broderick assembled the case that led to Masters’ conviction a decade after Hettrick’s murder. Masters, now 38, was freed from prison last year after DNA testing found none of his DNA on Hettrick’s clothing. His appeals attorneys also discovered evidence that Broderick and Larimer County prosecutors had withheld from the Fort Collins native’s original legal team.
On Tuesday, Lane praised Buck for restarting the investigation.
“What happened to Tim Masters is criminal and should be treated that way,” Lane said.
Masters filed a lawsuit last year seeking damages from the city of Fort Collins and Larimer County for allegedly violating his civil rights through his wrongful conviction. Both governments have spent about $250,000 apiece to fight the allegation, according to their billing records.
Miles Moffeit: 303-954-1415 or mmoffeit@denverpost.com
