On January 25, 2008, my office filed a motion to dismiss the charge against Timothy 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.

It should be made clear that the DNA test results do not exonerate anyone from consideration. The DNA test results from the Colorado Bureau of Investigation, using a new testing procedure that only became available to their agency during the summer of 2007, warrants a further investigation of the Peggy Hettrick homicide.

The defense team for Timothy Masters also had DNA testing completed by a lab in the Netherlands. To date, the defense has only provided partial results of their DNA testing to the Colorado Bureau of Investigation and the special prosecutors.

Fortunately, samples of DNA preserved by the prosecution allowed special prosecutors to validate a portion of the testing done in the Netherlands by the defense. This confirmation testing was instrumental in the request by special prosecutors to vacate the conviction and sentence on January 22, 2008.

Contrary to news reports, the DNA testing results only suggest that there may be others, along with Timothy Masters, who should be investigated. These test results do not provide us with enough information to completely exonerate anyone.

On January 24, 2008, I met with Attorney General John Suthers, along with Thomas Raynes, Chief of his criminal unit, and Trey Rogers, Governor Ritter's Chief Legal Counsel. In order to avoid any perceived appearance of bias or conflict, I have requested that Governor Ritter appoint the Attorney General to conduct the investigation and subsequent prosecution, if necessary. The Governor is considering my request and will give me his answer early next week.

The goal of our criminal justice process is to ensure, as best as humanly possible, that everyone will be treated fairly. I will do whatever it takes to ensure that standard is met.

Larry R. Abrahamson