DA Won't File Charges

Larimer County District Attorney Larry Abrahamson's office has filed a motion to dismiss murder charges against Tim Masters.

"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 Abrahamson released this afternoon.

Masters got the news at attorney Maria Liu's office this afternoon. As a fax of Abrahamson's motion for dismissal arrived, CBS News was calling.

But while the motion gets him one step closer to being out from under a murder charge that has hovered around him for almost half his life, Masters had other things on his mind.

"It's great. I feel great," he said, smiling. "But I'm late for my driving test."

After a moment to celebrate, Masters was off to take his driving test in hopes of getting his license today.

The celebration was tempered by Abrahamson's declaration that the new DNA results, which show cells belonging to three other men on Hettrick's clothing, do not exclude Masters as a suspect.

"Contrary to news reports, the DNA testing results only suggest that there 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."

"That's bunk," Masters said.

Another attorney for Masters, David Wymore, was more aggravated.

"The facts exonerate Tim Masters, not Larry Abrahamson," Wymore said. "As long as a judge signs (the order of dismissal), Tim Masters knows — America knows — he is innocent."

The Denver Post