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FORT COLLINS, Colo.—A judge has dismissed three of the nine perjury charges against a Fort Collins police officer accused of lying in a homicide case in which a man’s murder conviction was overturned.

Prosecutors say they plan to appeal.

Lt. James Broderick is accused of lying during the investigation and prosecution of Tim Masters in the slaying of Peggy Hettrick in 1987. Masters spent almost 10 years in prison before his murder conviction was overturned by DNA evidence. He was officially exonerated this summer.

Broderick’s attorney says some of the officer’s statements have been taken out of context.

The Coloradoan reports () defense attorney Patrick Tooley says there are “fatal flaws” in the remaining counts against Broderick.

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Information from: Fort Collins Coloradoan,

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