Legally Reviewed by Shazam Kianpour on August 12, 2026
In 1987, Colorado woman Peggy Hettrick was murdered and sexually mutilated. In 2008, the man Larimer County thought was her murderer was released from prison. Timothy Masters completed 10 years of his life sentence, a sentence that, as it turns out, Masters did not deserve. Masters and his attorney fought the murder conviction and sentence by arguing the following:
- Prosecutors presented insufficient physical evidence to prove his guilt.
- Prosecutors presented false evidence to prove his guilt.
- Prosecutors only presented evidence that supported a guilty verdict and concealed evidence that would prove otherwise.
Also aiding in challenging Masters’ conviction was new DNA technology. DNA tests have advanced since Masters’ murder trial, and the new, more effective tests did not identify Masters’ DNA on any of the physical evidence.
The combined loss of life and loss of freedom in this case is truly tragic and makes for two victims in Peggy Hettrick’s murder: Hettrick and Masters.
Fortunately for Masters, he has won a semblance of justice in his wrongful conviction case. He settled with Larimer County earlier this year for $4.1 million in damages, and yesterday, he settled for $5.9 million in damages from the city of Fort Collins.
But while the truth might have set Masters free, that truth is only partially revealed. Hettrick’s murderer has still not been identified, and while some comfort can be found in an innocent man being set free, it is hard to celebrate when the horrifically brutal murder of a 37-year-old woman goes unsolved.
Resource
Ft. Collins settles Masters’ lawsuit over wrongful murder conviction for $5.9 million
How Wrongful Conviction Cases Get Overturned in Colorado
A wrongful conviction case like this one typically unfolds through post-conviction relief, a process separate from a direct appeal. In Colorado, a defendant can challenge a conviction after it becomes final by filing a motion under Rule 35(c) of the Colorado Rules of Criminal Procedure, arguing that newly discovered evidence, an unconstitutional conviction, or ineffective assistance of counsel entitles them to a new trial or dismissal of the charges. DNA evidence that was not available, or not tested with modern methods, at the time of the original trial is one of the most common bases for these motions.
Because Masters was convicted before Colorado enacted its current compensation framework, he pursued a civil lawsuit against the county and city involved to recover damages for his wrongful incarceration.
Compensation for the Wrongly Convicted Under Current Colorado Law
Colorado has since created a more direct path to compensation. Under the Colorado Exoneration Act, C.R.S. § 13-65-101 et seq., enacted in 2013, a person whose felony conviction is later overturned can petition a Colorado district court for monetary compensation, provided they meet the statute’s definition of actual innocence. The petition must generally be filed within two years of the conviction being overturned, and any prior civil settlement or judgment related to the wrongful conviction can reduce the amount a court awards under the Act.
The Role of DNA Evidence in Post-Conviction Cases
Advances in DNA testing have become one of the most significant tools in identifying wrongful convictions nationwide, including in Colorado. When physical evidence exists from an original case, newer DNA testing methods can sometimes exclude a convicted person entirely, which is often the strongest form of evidence a post-conviction motion can present to a court.
Frequently Asked Questions About Wrongful Conviction Cases in Colorado
How can a wrongful conviction be overturned in Colorado?
A person can file a motion under Rule 35(c) of the Colorado Rules of Criminal Procedure, arguing grounds such as newly discovered evidence, an unconstitutional conviction, or ineffective assistance of counsel. If the court agrees, it can order a new trial or vacate the conviction.
What compensation is available to the wrongly convicted in Colorado today?
Under the Colorado Exoneration Act, a person whose felony conviction is later overturned can petition a district court for monetary compensation if they meet the statute’s definition of actual innocence. The petition generally must be filed within two years of the conviction being overturned.
What role does DNA evidence play in overturning a conviction?
DNA evidence, especially when tested with methods not available at the time of the original trial, can exclude a convicted person from physical evidence connected to the crime. This is often one of the strongest forms of evidence presented in a post-conviction motion.
Is a civil lawsuit the same as a criminal appeal?
No. A criminal appeal or post-conviction motion challenges the conviction itself. A civil lawsuit is a separate case seeking monetary damages from a government entity, and a person may pursue one after the conviction has already been overturned.
Wrongful conviction cases highlight how important it is to have thorough, aggressive representation from the earliest stages of a criminal case. Shazam Kianpour & Associates, P.C. represents clients facing serious charges throughout Colorado. Contact our office to discuss your case.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across Colorado, including homicide and violent crime matters. He previously served as a Colorado State Public Defender and is a member of the Colorado Bar Association and the Colorado Criminal Defense Bar.
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Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.