Citing Colorado Supreme Court Decision, Weld DA Dismisses Case against James Broderick

GREELEY, Colo. – Weld County District Attorney Ken Buck filed a motion today to dismiss all of the pending criminal charges against Fort Collins Police Lt. James Broderick (DOB 3/1/57).

The decision to dismiss the pending seven counts of perjury, all class-four felonies, comes after the Colorado Supreme Court on Monday declined to hear an appeal made by the Weld County District Attorney’s Office to restore two additional counts of perjury that were previously dismissed by the trial court.

“Thetwocountsthatweredismissedbythetrialcourtwerecritical tothiscase,”DAKenBucksaid. “Withouttheability to pursuethosecharges,wesimplydonotbelieve thecasecouldbeproventoa jurybeyondareasonabledoubt.Asprosecutors,wehaveanethicalobligationtoonlypursuecharges thathaveareasonablelikelihoodofresultinginaconviction.”

Broderick was accused of lying in the investigation and wrongful conviction of Tim Masters for the 1987 murder of Peggy Hettrick.

The two counts that were previously dismissed by the trial court included:

   An allegation that Broderick lied when he testified that there was only one shoeprint impression at the murder scene made by a Thom McAn shoe.

   An allegation that Broderick lied about the color of spray paint on a bridge near the murder scene.

The Weld County District Attorney’s Office was named special prosecutor for the 8th Judicial District in January 2008 because Broderick is employed by the Fort Collins Police Department in Larimer County.