The felony perjury case against Fort Collins Police Lt. Jim Broderick is stalled in the Colorado Court of Appeals as lawyers wrangle over three of the nine perjury counts that were dismissed in December.
District Judge Ingrid Bakke of Boulder threw out the three charges, prompting Weld County District Attorney Ken Buck to file an appeal.
Prosecutors and Broderick’s defense lawyers have filed legal arguments, but it’s not known whether oral arguments will be held before an appeals panel, said Rob McCallum, spokesman for the Colorado Judicial Department.
“There is no specific time frame for any of this,” McCallum said. “The case could be heard in weeks or in a few months.”
Broderick was the lead investigator in the 1987 murder of Peggy Hettrick in Fort Collins. Tim Masters was arrested and convicted of Hettrick’s murder and served 10 years in prison.
But Masters was released from prison and officially exonerated.
Broderick, 54, was indicted in July on nine counts of perjury alleging he lied in statements he made during the investigation and prosecution of Masters.
The nine counts are all Class 4 felonies punishable by up to six years in prison and fines up to $500,000.
Broderick was first indicted for his work on the Masters case in June 2010. But those perjury counts were dismissed over questions whether the statute of limitation had run out on those charges.
Broderick pleaded “absolutely innocent” in that case. He has not entered a plea for the second set of indictments.
Since the first indictment was filed in summer 2010, Broderick has remained on paid leave from Fort Collins Police Services and the city has paid for his legal defense.
In her ruling, Bakke dismissed:
• Count 1, which alleged Broderick lied about the presence of orange paint at and near the crime scene.
• Count 7, which alleged Broderick lied about a Thom McAn shoe print being found at the scene.
• Count 8, which alleged Broderick lied about a sighting of Hettrick the night she died.
