State Supreme Court investigating former prosecutors

FORT COLLINS – A Colorado Supreme Court office is investigating the two prosecutors in the Tim Masters case for possible ethical misconduct.

Former Larimer County prosecutors Terry Gilmore and Jolene Blair, who are now judges in Larimer County, prosecuted Masters for the murder of Peggy Hettrick in 1999.

Last week, a judge vacated Masters' conviction in the 1987 murder and released him from prison because new DNA evidence pointed to an alternate suspect.

9Wants to Know has learned the Supreme Court's Office of Attorney Regulation is examining issues ranging from the withholding of evidence to potential conflicts of interest involving Gilmore and Blair.

In 1999, prosecutors were able to convict Masters by connecting him to the case through graphic drawings. No physical evidence linked him to the crime.

Last December, a special prosecutor was appointed to review the case and found that Gilmore and Blair violated state discovery rules because they did not provide the defense with several pieces of key evidence that would have helped Masters during the trial.

OAR director John Gleason said he hoped to complete the review within 60 to 90 days.

"These are simply allegations. My lawyers will speak to every witness possible," Gleason said. "We are not persuaded by news reports or accusations. That's a critical part. We will speak to everyone we believe may have information."

The Supreme Court office started to investigate the case on its own and did not get a complaint.

"Every complaint is investigated. It makes no difference who the lawyer is. We investigate every allegation," Gleason said. "We are a totally independent arm of the Supreme Court. Our sole purpose is to protect the public."

If the office finds either former prosecutor intended to violate the rules, a disciplinary judge could give them a penalty ranging from a private reprimand to a suspension of their licenses.

Earlier on Tuesday, Gov. Bill Ritter agreed to have Attorney General John Suthers take over the investigation into Hettrick's murder. Larimer County District Attorney Larry Abrahamson asked Suthers to take over the case to avoid any appearance of a conflict of interest.

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