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The Larimer County District Attorney’s office today filed a request to dismiss murder charges against Tim Masters. You can read the motion here (pdf).The District Attorney’s office is not conceding Masters is innocent.
“The dismissal was based on newly discovered evidence that justifies further investigation, namely DNA test results which were not available at the time of Peggy Hettrick’s murder in 1987 nor at the time of Timothy Master’s original trial and conviction in 1999,” according to a statement [District Attorney]Abrahamson released this afternoon.”Contrary to news reports, the DNA testing results only suggest that their may be others, along with Timothy Masters, who should be investigated,” Abrahamson said in the statement. “These test results do not provide us with enough information to completely exonerate anyone.”
Abramson said he will ask Gov. Ritter to appoint Attorney General John Suthers to continue the investigation into Peggy Hettrick’s murder.Masters’ attorneys are upset with Abramson.
“The facts exonerate Tim Masters, not Larry Abrahamson,” [David] Wymore said. “As long as a judge signs (the order of dismissal), Tim Masters knows, America knows, he is innocent.”The judge’s signature is expected to be a formality, but Wymore said there is no proceeding in Colorado law through which Masters could seek a formal declaration of innocence.
As for Masters, he called Abramson’s statement “bunk” as he was about to leave his lawyer’s office to go take his drivers’ test.