
Sketchy evidence raises
doubt
REVISITING A CONVICTION
By Miles Moffeit
Denver Post Staff Writer
Article Last Updated: 07/17/2007 04:22:14 PM
MDT
Somewhere between the spot Peggy Hettrick was abducted and the Fort
Collins field where her partially clad body was dumped, her killer
would have shed pieces of himself, mothlike.
As he pulled her through the grass that dark morning on Feb. 11, 1987,
his skin cells could have sloughed off onto her black coat. A strand of
his hair could have hooked onto her shoes. A sneeze could have dampened
her blouse.
This is the law of forensic science: When two people come into contact,
they leave cells on each other.
But in the Hettrick murder case, authorities strayed from this law by
losing some of these biological relics and destroying evidence linked
to a prominent doctor they never investigated for the crime.
In doing so, they may have covered the killer's genetic tracks.
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Most of these writings and drawings have nothing to
do with this grisly murder." Colorado Supreme Court Justice Michael
Bender, dissenting on a 4-3 ruling upholding Masters conviction in the
death of Hettrick, shown above on the day of the killing. (Special to
The Post)
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This happened in Fort Collins, where a detective
clung to his belief
that a 15-year-old boy committed the crime, despite no physical
evidence. In a county where prosecutors opposed saving DNA, let alone
testing it. In a state where the law doesn't create a duty to preserve
forensic evidence.
The result, as believed by three former Fort Collins police detectives
and a former Colorado Bureau of Investigation director: An innocent man
goes to prison for life, and the real killer moves on.
"It eats me up," says Linda Wheeler, one of the officers. "I've put
people in prison for murder. I make people accountable for crimes
they've committed. But I've felt we have two victims here. One is in a
jail cell in Buena Vista."
The story behind Hettrick's murder and Tim Masters' conviction is one
of inferences blurring with facts, character issues blurring with guilt
and theater blurring with truth.
Twenty years after Hettrick's killing, Masters' legal team has launched
one of the most ambitious and expensive bids ever in Colorado to prove
a man's innocence - nearly $500,000 provided by the state legal defense
system. The effort has led them to a small laboratory in the
Netherlands, where a smudge of skin cells has been mined from
Hettrick's clothing using the most-advanced DNA techniques available.
The skin was found where the killer's fingers would have roamed.
Tests show it wasn't Masters'.
The
discovery
A bicyclist phoned in the news just after sunrise from a south Fort
Collins neighborhood.
At first, he thought he had seen a mannequin in a field along Landings
Drive. She was so white.
She was a small woman, about 115 pounds, with flaming-red hair. Her
bra, blouse and black coat had been pushed up above her breasts; her
panties and bluejeans had been pulled down to her knees.
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(Click to enlarge.)
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The covered body of Peggy Hettrick lies at the end
of a trail of blood in a field in south Fort Collins on Feb. 11, 1987 -
hours after she was last seen leaving a nearby restaurant. The body,
which had been dragged from a nearby street, was found near the mobile
home of Tim Masters. (Special to The Post)
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Her eyes were open,
her arms outstretched among the brown leaves, her
purse looped above one elbow. Blood, presumably from a knife wound to
her back, trailed 103 feet from her body to a small pool by the street
curb. Tiny abrasions marked her right cheek.
Among the oddest features: Her left nipple and areola had been
carefully removed and the front of her body was wiped clean. No blood.
Police identified her as Peggy Hettrick, 37, college dropout, barhopper
and aspiring writer who worked at The Fashion Bar, a nearby clothing
store. She was last noticed abruptly leaving The Prime Minister, a
restaurant only blocks from the field, about 1:30 a.m. Earlier, at the
restaurant, she had seen her on-and-off boyfriend with another woman
Her friends privately worried something horrible would happen to her,
given her late-night impulses, her jealousies, her appetite for
adventure. Sometimes she would head out into the night just to collect
details for the book she was writing or to spy on her boyfriend. In a
drawer at her home was a half-written, neatly typed novel about diamond
smugglers and their obsessive search for jewels. The first chapter ends
with murder; the last stops mid-sentence.
That day in the field, investigators wrapped
paper bags around
Hettrick's hands and feet to capture skin or hair she might have
scratched off her killer and any specimens her footwear might have
picked up. They found two hairs - not hers - on her footwear. In her
purse, they lifted 13 fingerprints, also not hers.
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Larimer County Medical Examiner Dr. Pat Allen later found the most
puzzling wounds, unnoticed by officers. They were "neatly" executed
cuts inside her genitalia that, like the one on her left breast, must
have been made with an extremely sharp knife, an instrument different
from the one used to stab her.
In 21 years of performing autopsies, Allen told colleagues, he had
never seen wounds like these.
Son may have seen
something
The police dragnet fanned across Landings Drive to the east, where new
luxury housing sprawled, and to the southwest, where blue-collar folks
still lived in trailers.
Officers knocked on dozens of doors to see what anyone saw, heard,
suspected.
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Tim Masters, 1987
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From a mobile home
100 feet south of Hettrick's now-covered body, Clyde
Masters told Wheeler of the Fort Collins police that his 15-year-old
boy had walked through the field to his bus stop, as he did every
morning. Tim may have seen something, he told her.
After Wheeler relayed this to fellow officers, Masters, a sophomore at
Fort Collins High School, was pulled out of class.
Yes, he had seen a body, he told police. No, he didn't report it. He
first thought it was a mannequin, as the bicyclist did, but he didn't
know for certain. On the bus, the image nagged at him. He wondered
whether a prank had been played on him.
The police were skeptical. Why would anyone not report a body? Why did
he seem so emotionless?
But Masters was usually quiet. The rail-thin boy with the long bangs
was known to keep to himself. He was placed in a special-ed class after
some of his artwork disturbed a teacher.
In the margins of his notebooks were sketches of dinosaurs with arrows
through them, gruesome war scenes described by his Vietnam veteran dad
and horror flicks such as "Nightmare on Elm Street" that father and son
watched together. The younger Masters loved to write, and his goal was
to be another Stephen King.
Judith Challes, the special-ed teacher who
knew him best, told his
reading teacher, "You know, I'm not at all concerned about them (his
writings and drawings)."
Most of her kids scrawled horrific images.
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"You did it. ... You did it."
The police requested that he come to the police station
the next day,
Feb. 12, for further questioning. Sure, he told them. But he didn't
know Hettrick, and he didn't see or hear anything before her death, he
said.
Just procedure, they said.
Without consulting an attorney, he and his dad did exactly what police
asked. They allowed detectives to search their home and Tim's school
locker, where they scooped up his horror writings and sketches, his
survival-knife collection and Army flashlight with a red-tinted lens.
His dad would stay outside the interrogation room, not understanding
that juveniles are psychologically vulnerable to suggestive cues and
coercion.
After reading him his rights, officers prodded Masters to talk about
killing, to think like a killer, to talk about what weapons he might
use and where he might put a body.
Interrogator No. 1: "We know that you did it, Tim."
Masters: "I didn't do it. ... I've seen people on TV sent to jail for
things they didn't do."
Interrogator No. 2, at one point making stabbing motions in the air:
"You did it. I'm not accusing you, I'm telling you. You did it."
Masters shakes his head and continues to deny involvement.
Interrogator No. 3, getting angry: "Tell the truth!"
Masters: "I have told the truth."
By the sixth hour, Masters was sweating, nervously chewing a piece of
gum.
It was investigator Jim Broderick's turn. Broderick, a deep-voiced,
no-nonsense cop with zero tolerance for unsolved cases, had a
reputation as a hardball interrogator, Wheeler said.
He started out friendly with Masters, offering food and drinks. Then he
moved into what police found in the teen's bedroom, including the knife
collection, which had been cobbled together in part from relatives'
gifts.
Masters talked about how one could cut through trees, even the fuselage
of an airplane.
Broderick mentioned that such a knife "does a lot of damage when you
stab somebody."
"That'd be kind of hard, though, to pull it back," Masters responded,
recalling a scene from a movie shown at school, "All Quiet on the
Western Front." In it, a character chastises his soldiers for serrating
their bayonets because such alteration makes removing the weapon from a
body difficult.
The remark stuck with Broderick.
Within the next hour, the detective was in Masters' face, telling him
to come clean about how he fulfilled a fantasy by killing Hettrick.
"Why can't you just say it? Why is it so hard for you to tell me?"
Broderick said. "... You got to admit it when it's over. People get
killed in battle, right? Their friends die! A piece in you just died
just a minute ago. It's over. You're not free anymore!"
But they had no hard evidence against Masters.
They didn't do an in-depth interview with Challes, the teacher who said
he was a normal kid with no violent tendencies.
They wouldn't find a trace of forensic evidence at his house or on his
belongings - no blood or hairs from Hettrick.
They would discover that the two hairs found on Hettrick didn't match
Masters. They would find that the fingerprints in her purse also didn't
match him.
Wandering on foot
No one knows for certain how Hettrick ended up in the field along
Landings Drive that early morning. She may simply have been strolling
back to her apartment. Or she may have been abducted elsewhere, then
dropped there.
She had spent most of the late hours Feb. 10 wandering on foot. From
The Fashion Bar, where she got off work at 9 p.m., she walked to the
Laughing Dog Saloon, then to her apartment, then to The Prime Minister,
where she saw her boyfriend, Matt Zoellner, a local car salesman,
drinking with another woman.
They exchanged only a few words, Zoellner recalled later. He remembers
her walking out the door alone sometime between 1 and 1:30 a.m.
To some of her friends, Hettrick seemed stuck in adolescence. That
could make her fun to be with, but it also worried them. She could just
drift off with strangers. When men wouldn't leave her alone, she hoped
Matt would intervene, and "I would fall into his arms, thankfully," she
wrote in one letter.
Police ruled Zoellner out as a suspect. His date vouched for his
whereabouts.
Eventually, police ruled out dozens of suspects, including known area
sex offenders. Even Brent Brents, years later exposed as Denver's most
prolific serial rapist, made the list until they discovered he was
locked up that night.
Then there were the suspects without names.
Like the man who showed up at The Prime Minister two weeks after the
murder, making threatening gestures at a red-haired employee resembling
Hettrick.
Teresa Safris was selling tickets in the front of the restaurant for an
entertainment act inside when she heard a strange voice behind her.
A man with a "bodybuilder" physique, she said, was glaring at her. He
pulled an icicle from behind his back and made several stabbing motions
in the air.
Then, he was gone.
She described him as 30 years old, with green or blue eyes, sandy hair
and a square jaw. Police never identified him.
In search of a motive
They called it the "blitz attack."
Embraced by Broderick, the theory goes like this: Hettrick was ambushed
and stabbed from behind as she walked down Landings Drive. Then she was
dragged into the field, where the killer changed knives to sexually
mutilate her.
The fact that Masters lived only 100 feet away fit nicely with his
theory. It gave him the "opportunity," Broderick believed. He could
have spotted her from his bedroom window, crawled out and jumped
Hettrick. He also owned a red-tinted flashlight that, Broderick
reasoned, he could have held between his teeth as he went about his
mutilation.
Now, all Broderick needed was a motive.
The officer talked about the odd vibes he got from Masters, the strange
coincidences surrounding him. Why would he have a collection of
survival knives? Why, the day after the body was found, would he have a
newspaper with a story about Hettrick's death on his dresser next to
the knives? Why would Hettrick's body be found within a day of the
fourth anniversary of the boy's mother's death?
To Broderick, these facts seemed too compelling to just be
coincidences. But it was Masters' drawings that really spooked him. He
and others came to believe that one doodle, featuring a blade tearing
into a diamond shape, was a vagina mutilation. Masters says it was
simply a knife tearing into an inanimate object, noting there are no
anatomical details such as hair or body parts around it.
Police also read sinister motives into sketches Masters says he made
after the interrogation, including one showing a person dragging
someone, and another featuring a map of the field.
As Masters and others tell it, word had spread around school that he
had been pulled in to talk with the cops. Classmates such as Wayne
Lawson nagged him with questions. What happened? What do you know about
the crime?
So Masters drew sketches for them, such as a map showing where the body
was in the field. Lawson later verified Masters' account.
Broderick didn't buy these explanations.
"He was fixated, just fixated on Masters," Wheeler says of Broderick.
"He was fitting facts to a hypothesis. That's not how it's supposed to
work."
Broderick says he was merely assembling circumstantial evidence, which
he describes as a standard investigative approach.
Wheeler was adamant at the time that other suspects should be a major
focus. She also believed an FBI profile of the killer should be
developed, but her supervisors didn't allow it.
Detective Troy Krenning believed it improbable that a boy could have
pulled off such a sophisticated, fetishistic killing.
On the first anniversary of Hettrick's death, Krenning was instructed
to sit in a mobile home opposite Masters' house to perform surveillance
of the crime scene in case the killer came back.
"My perspective was to get off Masters and let's take a look at maybe
someone else," Krenning recalls. "There's 6.3 billion people in this
world. We seem to be focused on one."
In 1992, after Fort Collins police solved one of the city's last cold
cases, Broderick was lamenting the fact that the Hettrick case still
languished on the cold-case list, Krenning recalls.
"Masters was involved," Broderick kept saying.
"Bullshit," Krenning kept replying, according to court testimony.
That same year, Wheeler had been appointed lead investigator into
Hettrick's murder case. Broderick and others told her that Masters had
been on the verge of cracking during the interrogations.
Wheeler replayed the seven hours of videotaped interrogations. She
wasn't convinced. "I just didn't see any deceptive behavior," she says.
That year, a former high school student dropped a bombshell on the
detectives: Shortly after the crime, Masters had apparently talked
about Hettrick's body missing a nipple, information that had never been
made public.
They drew up an arrest warrant and flew to Philadelphia, where Masters
was serving in the Navy aboard the USS Constitution.
Once again, Masters agreed to be interviewed. Yes, he had known about
the nipple. A girl in his art class had told him about it, he said.
Frantically, the detectives checked out the story. It was true. As it
turns out, the girl was a member of a teenage Explorer Scouts group
police enlisted to scour the field for Hettrick's body parts. "We don't
do that anymore," Broderick says now.
But Broderick kept battering Masters with questions, at one point
forcing him to break down in tears, Wheeler recalls. "I'm not
comfortable with this," she remembers saying.
Today, Wheeler regrets not being able to derail Broderick's focus.
"This theory of Masters being the killer was going south in a big way,"
she says.
She told then-District Attorney Terry Gilmore about her concerns when
she returned from Philadelphia, she said. Gilmore, now a district
judge, declined to respond to an interview request.
In 1995, Wheeler became an agent with the CBI. Masters was sailing
around the world, learning to become an aircraft mechanic, without any
discipline problems or violent offenses.
"I think that's a camera lens"
That same year, 100 yards east of where Hettrick's body had been found,
a college student who was house-sitting for a doctor and his family
heard a strange noise in the basement bathroom.
"I'm like, what is that?" Lynn Burkhardt recalls thinking as she stood
in front of the bathroom mirror. "So I followed it down to a vent by
the toilet. I'm looking in there, and I'm thinking I see something and
thought, 'I think that's a camera lens."'
Using a paper clip, she and a friend broke into the adjacent room, a
spare office used by Dr. Richard Hammond, a prominent eye surgeon in
Fort Collins.
Inside, they found a secret, obsessive world - one of surreptitious
cameras triggered by light switches, boxes of computer electronics and
massive amounts of pornography, mainly close-up images shot through the
vent, directly at women sitting on his toilet or standing in front of
his mirrors.
The police soon raided 401 Skysail Lane, confiscating everything. When
the 44-year-old Hammond returned from vacation with his family, he was
arrested on sexual-exploitation charges. His wife, Rebecca, said she
had no knowledge of the taping.
Friends described Hammond as the portrait of politeness and
professionalism. So they were shocked to see the headlines in the local
paper about his arrest. Up to that point, he led an idyllic life as
father of two teenage children and the husband of a CSU architectural
student.
Colleagues admired his specialized surgical skills. His partner, Dr.
William Schachtman, remembered his deftness with the scalpel. Even
Hammond's personal hobbies required precision handwork: woodworking,
metalworking and jewelry making.
But some dimensions of Hammond's life were a mystery. He kept rigid
daily schedules so he could fit in long hours at work and bodybuilding
at the gym. He often left town on secretive trips or disappeared for
hours.
His wife told police how he battled insomnia and how she would find him
working out of his basement office in the middle of the night. Once,
when his basement flooded, his wife watched him first rush some
mysterious containers out of the house. Around the time of his arrest,
according to one investigative report, his wife grew alarmed that he
was collecting guns and knives.
At the police department, Detective David Mickelson and Krenning
reviewed Hammond's videos to establish exactly what crimes the doctor
had committed.
Both Krenning and Mickelson will never forget the images they witnessed
over and over.
"Video after video, there were these highly calibrated shots zooming
into the vaginal areas of women on his toilet," Mickelson says. "These
were extreme close-ups. They were almost microscopic."
Other hidden cameras captured women's breasts as they stood at the
mirror.
After bonding out of jail, Hammond checked himself into the Mountain
Crest Hospital in Fort Collins for counseling. He talked little but
filled out reports disclosing an unhappy life, lonely childhood and
voyeuristic tendencies since his teen years. Within days, the hospital
released him.
The DA's office, meanwhile, chose to call in an independent prosecutor
from Weld County, citing a potential conflict in the case. The issue
was never explained publicly, although it is believed that relatives of
staffers in the DA's office were found on Hammond's videotapes.
Police kept discovering more secrets. They found a storage unit Hammond
had rented containing thousands of pornographic materials and
containers with sex toys and jewelry. He also had a secret bank
account, secret apartment and a secret identity, according to police
and records.
Within days of his arrest, however, they were called to a La Quinta
Motor Inn in north Denver. There, they found Hammond dead, an IV needle
containing cyanide residue sticking out of his thigh. "My death should
satisfy the media's thirst for blood," he wrote in the March 1995
suicide note.
The autopsy report noted that Hammond had shaved his entire body, a
strategy used by some predators to avoid leaving remnants of themselves
at crime scenes and also used by some bodybuilders. A tool with foldout
knives was looped around his belt.
After viewing several of the videotapes, Mickelson started making
connections: the doctor's close proximity to the Hettrick crime scene,
and his obsession with women's genitalia and breasts.
He told Tony Sanchez, the lead detective in the Hammond case, that
Hammond should be investigated for Hettrick's murder.
But Sanchez brushed his remarks aside, he recalls. Mickelson never
heard back from him or Sanchez's boss, who happened to be Jim
Broderick, the supervisor for crimes-against- persons investigations.
In August 1995, investigators had slated for destruction every piece of
evidence they seized from Hammond.
"Don't do it, save the evidence," Mickelson recalls telling Sanchez
after he heard about the plan, knowing that they had reviewed only a
small portion of the tapes.
Sanchez, without elaborating, said there were legal issues behind the
destruction, Mickelson remembers.
"The seized evidence burned for approximately 8 1/2 hours," according
to an Aug. 15, 1995, report by Sanchez.
Krenning, who remembers Mickelson "making noise" to superiors, can't
believe they burned every piece. "I can't recall one other case where
the evidence was taken to a landfill, mashed up with a grater, then
burned - all within a six-month period."
Had Hammond been formally investigated and the evidence preserved,
detectives might have been intrigued by parallels with the Hettrick
case.
They might have run across Teresa Safris' police report, in which she
describes the square-jawed bodybuilder who fit Hammond's description.
They might have searched Hammond's warehouse specifically for
Hettrick's body parts. They might have tested his sex toys for DNA, as
well as the knife on his belt. They might have matched his hairs with
the two found on Hettrick.
Says Mickelson, who never believed Masters was Hettrick's killer: "I
just wanted to see whether Hettrick's picture was in those videos
somewhere."
He adds that he didn't know who ordered the destruction.
It was Jim Broderick.
Still locked on Masters
Nine weeks after Hammond's possessions went up in smoke, Broderick was
still locked on Masters. He phoned a forensic psychologist in San Diego
named Reid Meloy.
Broderick wanted him to study Masters' artwork.
Meloy had developed a reputation as an expert witness on sexual
homicides. He even disclosed a deeply personal fascination with the
subject, according to court testimony, saying he himself had sexually
sadistic fantasies.
Some of his approaches have been considered controversial: He was a
proponent of a theory many psychological experts consider fraught with
danger - that artwork can be used to interpret a person's criminal
motivations.
Meloy agreed to look at Masters' drawings.
The analysis turned out to be Masters' undoing.
"The killing of Ms. Hettrick translated Tim Masters' grandiose fantasy
into reality," wrote Meloy, who drew this conclusion without even
interviewing Masters.
Meloy had given Broderick a motive: This was a displaced sexual
matricide, stemming from Masters' feelings of abandonment by his dead
mother.
Meloy concluded from Masters' drawings and stories that he fit the
profile of a killer because he's a loner, he comes from an isolated or
deprived background, and he harbored hidden hostility toward
authorities as well as violent fantasies.
By 1998, Masters was honorably discharged from the Navy and living in
California.
"I'm basically kicking back, relaxing," Masters recalls. Then he heard
a knock at the door. "Jim Broderick walked into the house and says,
'Tim Masters, you're under arrest for the murder of Peggy Hettrick."'
Focus on Masters' artwork
At the time, DNA analysis allowed scientists to zero in on smaller and
smaller crime-scene specimens, even capturing skin particles that may
have rubbed off the hands of killers.
By then and into 1999, police were regularly testing clothing and other
items for the cells of culprits. In Fort Collins, they still had
Hettrick's black coat, shoes, blouse, panties, socks and jeans.
Broderick, however, clung to the psychological analysis of the
California psychologist.
"We're talking about fantasy that becomes obsessive," then-DA Terry
Gilmore declared in his opening statement at Masters' trial in March
1999.
During the trial, prosecutors described how Masters' footprints showed
that he had veered off his regular bus-stop route Feb. 11 to step
within 6 feet of Hettrick's body. They said that was characteristic of
killers who often return to the scene. They talked of his knives being
"consistent" with her wounds. They described the detailed nature of the
wounds and that Masters' knives contained a sharp-enough edge to
perform such cuttings. The fact that he was an artist allowed him to
cut in detail.
A blood-spatter expert, Tom Bevel, testified that the bloodstains were
consistent with the police theory of the killing.
They bombarded jurors with blown-up images of Masters' doodles,
projected onto the wall, one after another, and photos of Hettrick's
mutilated body. They did not show the interrogation videotape.
Masters' attorneys, Eric Fischer and Nathan Chambers, assailed
prosecutors' case as rooted in junk science, presenting another
doctor's testimony to bash Meloy's theory that his artwork exposed a
killer.
They were convinced of their client's innocence. They believed he would
be acquitted. How, in the end, could jurors convict without any
physical evidence?
But Fischer saw fear in their eyes. They were looking at a grown,
muscular man in Masters, not an adolescent who doodled in his notebook.
"They convicted him because they were afraid to let him loose," Fischer
says.
Masters was sent to Buena Vista prison - "beautiful view" in Spanish -
perched 8,000 feet up in the Rocky Mountains.
All he could see outside his cell window was a wall.
Guilty verdict upheld, 4-3
By one vote, Masters' guilty verdict squeaked by the Colorado Supreme
Court on appeal.
Four justices said the proceedings followed the rules.
Three justices called the trial grossly unfair.
"Most of these writings and drawings have nothing to do with this
grisly murder," wrote Justice Michael Bender in the dissent. "The sheer
volume of the inadmissible evidence so overwhelmed the admissible
evidence that the defendant could not have a fair trial. ... There
exists a substantial risk that the defendant was convicted not for what
he did, but for who he is."
Bender also said the DA's case improperly dressed itself as science,
although little consensus existed in the psychology field about the
reliability of such methods.
Exoneration bid builds
In 2004, Masters received a letter from a Denver accountant who had
watched a television program on Broderick's skill in cracking the case.
"I just don't understand how you could have been convicted," wrote
Taylor Marris. Marris began looking into the case out of personal
interest, calling various participants to talk about it. He became
convinced an innocent man had been railroaded.
"I came to believe that this is a person with real feelings who has
been ridiculed and humiliated and violated beyond anything that anyone
could imagine," Marris says.
Marris persuaded Wheeler to become part of an exoneration bid.
By then, the state had appointed Greeley defense attorney Maria Liu to
represent Masters.
Masters, who had served five years at Buena Vista, was pursuing another
appeal on grounds of ineffective counsel. The state appointed Liu, who
embraced cases involving juvenile crimes because "they're the underdogs
in the legal system."
After burrowing into the massive case file, Liu was astonished that
Masters could be convicted on the basis of his doodles. Then she
learned of Wheeler's doubts and of Mickelson's efforts to steer the
probe to Hammond.
During a prison visit, she saw nothing but sincerity in Masters'
demeanor.
"This guy is innocent," Liu said in a phone call to the state's former
chief public defender, David Wymore. "We have to get him out."
Among the first steps they took: a motion to preserve all evidence in
the case.
It was immediately opposed by the DA's office - the first of many
motions from the DA's office to prevent the defense team's access to
DNA testing.
"There is no statutory duty to preserve evidence," the prosecution
stressed in one petition.
Liu was exasperated: "In the United States, in this day and age, you
shouldn't have to fight to preserve evidence in a homicide case."
Later, the defense team would learn that the two hairs found in
Hettrick's footwear were missing, as well as the photos of the
fingerprints. Authorities also lost track of her bracelet, which may
have been grabbed by the killer.
Fortunately, most of Hettrick's clothing was still in storage. Wymore
stressed that they must "prosecute Master's innocence," which meant an
aggressive attack on the conviction on every front, especially through
advanced DNA testing that authorities had not exploited in 1999.
The team kept digging. And the magnitude of what Liu described as the
miscarriage of justice against Masters hit home in a meeting with a
Fort Collins obstetrician-gynecologist.
Liu showed Dr. Warren James the pictures of Hettrick's wounds. A look
of recognition crossed James' face.
He knew these cuttings.
"Ms. Hettrick underwent a surgical procedure known as a partial
vulvectomy," James told them. The procedure, he said, requires a "high
degree of surgical skill and high-grade surgical instrument."
Moreover, it couldn't have been done without good lighting and placing
Hettrick's legs in a frog position. "I find it highly unlikely that a
15-year-old could perform this precise surgical procedure," James says.
He told The Denver Post that even he would have difficulty making these
cuttings under the circumstances spelled out by Masters' prosecutors.
The implications of James' remarks were huge.
His assessment not only excluded Masters as the killer, it relocated
the crime scene to a room with bright lighting. Not only did Masters
not have surgical training, he was too young to drive.
If known years ago, this information could have kept
Masters out of
prison. It also could have led police to other suspects, including
Hammond.
The clues were there: a July 29, 1998, Fort Collins police report shows
that Allen, the medical examiner, called the wounds surgical. The
description came in a conversation with Broderick.
Then there was the strange fact that her body was so clean. An expert
later told the legal team that a "sponge line" appeared to run down the
side of her body.
Her body was washed, says Barie Goetz, a former CBI lab director and
noted crime-scene expert who joined the legal team.
Also, after Goetz and others tried to drag Liu, the same size as
Hettrick, through the field, he came to believe that two people were
involved in Hettrick's murder.
"This person would have to be very strong to do it on his own, not the
110-pound weakling that Tim was," Goetz says.
Meticulous DNA testing
Meanwhile, Wheeler persuaded Masters' legal team to hire two forensic
scientists in the Netherlands, Richard and Selma Eikelenboom, known for
their meticulous crime-scene analyses.
Their goals: to show that Masters' DNA was never on Hettrick and to
identify the cellular makeup of the real killer by targeting spots on
her clothing where he would have grabbed her, leaving skin, such as the
inner band of her panties.
By mid-2005, Liu and Wymore were filing a flurry of motions seeking
access to evidence for testing in Larimer County District Court and
attacking Masters' conviction on multiple levels, including how the
police never disclosed that Hammond, police records show, was
considered a possible suspect.
The DA, now Larry Abrahamson, and his deputy chief, Cliff Reidel, kept
fighting the moves, saying the Masters team wasn't following proper
procedures.
Throughout two years of legal dueling, CPA Marris and up to 30 Masters
family members filled seats in the courtroom directly behind Liu and
Wymore. (Masters' dad died in the mid-1990s.) On the opposite side,
Broderick usually sat alone behind the prosecutors, holding trial
exhibits and Masters' doodles.
Masters' first victory came in November. Judge Joseph Weatherby sided
with him, approving DNA testing in the Netherlands.
It came after Richard Eikelenboom took the stand to discuss the target
points on Hettrick's clothing. He said he would primarily use tape to
try to retrieve the killer's cells, a method he preferred to cotton-tip
swabbing, the predominant U.S. method.
In the absence of any state law or guidelines to manage the DNA test
process, Weatherby stressed that both sides agree on a protocol.
But Abrahamson and Reidel went over the judge's head to the state
Supreme Court to block the testing. The high court refused to hear it.
In late November, excited about the prospect of finally sending
Hettrick's clothing to the Netherlands, Wymore and Liu began focusing
on other legal matters, including crafting a protocol for the DNA
collection and testing.
"Like an Oklahoma land grab"
That same month, Liu opened an e-mail from Reidel, the deputy
prosecutor, that she had missed days earlier.
In it, he mentioned that his office and the Fort Collins police were
taking Hettrick's clothing to the CBI lab to attempt their own DNA
collection.
The Masters team was incredulous. After a year of opposing DNA testing,
after Eikelenboom had described his own delicate collection strategies,
after the judge's insistence on a protocol, they just grabbed the
evidence and hauled it to CBI?
Wymore exploded at the next hearing: "They took the evidence out of
this case, took it down to CBI and conducted God only knows what? In my
opinion, destruction of the sample, destruction of the evidence. As far
as I'm concerned, it's sort of like an Oklahoma land grab on the
evidence."
Behind him, Masters' relatives buried their faces in their hands.
Reidel defended the move, saying the prosecution needed to retain some
of the skin-cell evidence for its own testing. He also cited a previous
remark by the judge that the police always maintained the option of
doing their own testing.
The judge corrected him, saying he didn't authorize their move.
Moreover, a CBI analyst testified that she used cotton swabs - not tape
- to try to collect skin cells from half of everything.
Aghast, the Masters team retreated to their offices to draft a series
of motions for disqualifying the Larimer County DA's office from the
case for "deliberately attempting to destroy exculpatory evidence in
violation of court orders" and in violation of Masters' constitutional
rights. They also cited two years' worth of "stonewalling, delaying and
obstructing" in order to preserve a conviction.
A court ruling wouldn't be required. In May, Abrahamson and Reidel
agreed to step off the case, given the appearance of impropriety. They
denied doing anything improper. Adams County DA Don Quick was assigned
to take over.
About the same time, Masters' attorneys received a report back from
Bevel, the prosecution's blood-spatter expert at trial. Goetz had
presented him with additional crime-scene photos of the body and
bloodstains Bevel had never seen.
"I have serious concerns and question why much of this information was
not supplied to me for consideration," Bevel wrote, saying he believed,
based on the additional information, that the crime took place at
another location before the body was taken to the field.
High point in his career
Today, Broderick says he's 100 percent certain Masters is guilty.
He calls it a high point in his career, and he still talks about the
things that gave him pause: Masters' statement about the difficulty of
pulling a serrated knife from a body, the newspaper on his dresser next
to his knife collection.
As for Hammond, there was no reason to investigate him for Hettrick's
murder, Broderick says. He contends that Wheeler and the Masters team
are doing just what he's accused of - fitting facts to a hypothesis.
"Where's the violence? Show me that pattern of violence," he says. "We
searched (Hammond's) entire house, and there was nothing to link him to
Hettrick's murder."
He concedes he may have made a mistake by not pursuing DNA skin- cell
testing. And he says he never talked to Allen about whether someone
with surgical skill must have inflicted Hettrick's wounds.
"I can assure you if Dr. Allen's finding was that only a surgeon could
have made those cuttings, that would have been forensic information he
would have certainly told us," Broderick says.
Allen has declined to comment to The Post.
Who destroyed Hammond's evidence? And why?
"I had a lot to do with that," Broderick says. "It was an ethical
decision. Should we re-victimize all these women by telling them they
are victims? So it really was an effort to protect them, to preserve
these victims' rights."
Overall, his investigation of Masters was "not a railroad job." It was
simply a strong circumstantial case, he says.
A full genetic profile
Over the past five months, Richard Eikelenboom has tried to crack the
DNA cryptogram that lines the surface of Hettrick's clothing, hoping
that the CBI or the Fort Collins police didn't destroy all the
biological remnants.
He meticulously cut and taped more than 50 points on her clothing.
Throughout the process, no DNA profile of Masters appeared, says Goetz,
who witnessed part of the process.
But Eikelenboom found his quarry in the interior lining of Hettrick's
panties: the skin of an unknown man - a full genetic profile.
It's exactly where he and the Masters team predicted the killer's
fingers would have curled.
The profile could be submitted - as agreed to by the new DA team - to
the FBI's national DNA database for matches with archived sex
offenders, and tested against Hammond's DNA, if any still exists.
"God help us that we've put an innocent person in prison for a crime he
didn't commit," says Krenning, who was told of the DNA results by The
Post.
"Even compounding that, we've allowed a killer to go unscathed."
Staff writer Susan Greene and staff researcher Monnie Nilsson
contributed to this report.
Staff writer Miles Moffeit can be reached at 303-954-1415 or
mmoffeit@denverpost.com.
About the story
The Denver Post reviewed thousands of records linked to Tim Masters'
conviction and monitored the largely unnoticed months-long battle over
DNA testing and evidence preservation unfolding in a Larimer County
courtroom. Independent legal and scientific experts helped corroborate
this story.

Tim Masters, pictured at the Buena Vista
Correctional
Facility last fall, is serving a life sentence for the 1987 Fort
Collins murder of Peggy Hettrick. His legal team, however, has launched
one of the most ambitious and expensive bids ever in Colorado to prove
a man's innocence. (Special to The Post / Chuck Bigger)
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