Legal Commentary

Lead Detective in Tim Masters' Case Indicted for Perjury

By Jeralyn

Tim Masters was wrongfully convicted of first degree murder in 1999 and sentenced to life in prison. The murder occurred when he was 15. He was charged in 1998. He was freed in 2008, after serving 10 years in prison, when DNA evidence was tested that excluded him and pointed to another suspect.

Today, the grand jury in Larimer County Colorado indicted the lead detective on his case, James Broderick, on eight counts of perjury. The Indictment is here. Broderick focused on Masters since 1987 when he first interviewed him, and never changed his mind. Prosecutors initially cleared him of misconduct (the current prosecutor said he was guilty of malfeasance, not misfeasance) but new evidence came to light suggesting Broderick lied about his involvement in the investigation, both in affidavits and on the witness stand.

DNA finally showed Masters was not guilty. At trial, there was no physical evidence linking Masters to the crime, and other evidence was withheld or destroyed. [More...]

The prosecutors used a so-called expert's psychological profile to convict him. The City of Fort Collins settled Tim's lawsuit for $5.9 million. Larimer County settled for $4.1 million.

Two of the prosecutors in Tim's case are now judges. They were censured for withholding exculpatory evidence, and face re-election this fall. (Evidence was also destroyed.)In the civil suit, one argued there was no harm in the fake evidence and both argued they were immune from liability. A chronology of the case is here.

David Lane, Master's attorney in the civil suits, recently had this to say:

"I hope Gilmore and Blair receive justice at the hands of the voters this November. And I hope Broderick receives some justice at the hands of the criminal justice system."

Full post as published by TalkLeft on June 30, 2010 (boomark / email).