Lawyers for Ft. Collins cop want Masters perjury case tossed - The Denver Post

Lawyers for Ft. Collins cop want Masters perjury case tossed - The Denver Post

FORT COLLINS — Lawyers argued Wednesday that all or a portion of a perjury case against Fort Collins police Lt. Jim Broderick should be thrown out because prosecutors withheld evidence from the grand jury that indicted him.

Broderick, the lead investigator in the Tim Masters murder case, was indicted by a Weld County grand jury this year on eight counts of perjury for his role in the Masters investigation.

But during a nearly five-hour hearing, Broderick's lawyers picked apart each count, claiming evidence was not handed over to the grand jury that would have cleared Broderick.

They also argued that some of the perjury charges were unsupported by evidence or were based on Broderick's comments that were taken out of context.

"There are fundamental flaws to all counts of the indictment," said attorney Patrick Tooley. "Mr. Broderick's answers throughout this entire case have been accurate, truthful and responsive."

District Judge James Hartmann said he would rule on the defense claims by the end of January.

Special prosecutors have said in written motions that the defense assertions were made "presumably in an effort to call into the question the credibility or professionalism of the prosecutors assigned to this case." The allegations, they said, are "inflammatory."

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