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Friday, March 7, 2008

Tim Masters update: Meloy says his testimony was "not supported by evidence"



Reid Meloy
Reid MeloyENLARGE
Reid Meloy
Dr. Reid Meloy, the expert witness whose opinion was a significant factor in the conviction of Timothy Masters nine years ago, admitted this week that the testimony he gave during the 1999 Larimer County trial was "not supported by the evidence."

On Friday in an Oklahoma courtroom, Meloy testified in the penalty phase in the case of Kevin Underwood, who was convicted in the 2006 murder of a 10-year-old neighbor. Meloy appeared as the state's expert rebuttal witness to argue that Underwood could be considered a continued threat.

But on cross examination the line of questioning went from Underwood's case to Masters'. Defense attorneys asked Meloy if he had ever been wrong—and if a jury had ever made a decision based on his wrong testimony.

According to The Oklahoman newspaper, Meloy replied, "There have been incidences where juries relied on my opinion and in the aftermath, those were not supported by evidence."

Meloy's testimony that Masters' boyhood doodles connected him to the 1987 murder and sexual mutilation of Peggy Hettrick was the cornerstone of the prosecution's case. No physical evidence tied Masters to the crime, and Meloy never interviewed Masters before reaching his opinion.

Masters was convicted and sentenced to life in prison. He was released in January on the strength of new DNA evidence that points to another suspect. Masters' lawyers have argued that Meloy, who was paid more than $52,000 for his work by Larimer County and the Fort Collins Police department, was nothing more than a mouthpiece for zealous prosecutors and police who hid evidence in order to ensure a conviction.

Meloy has never commented publicly on the Masters case, declining comment even when met in person by a Fort Collins Now reporter who traveled to San Diego, where he works.

The Oklahoman reported that Meloy's involvement in the Masters case might have hindered his effectiveness as an expert in the Underwood case. Meloy was employed by prosecutors to bolster their argument that Underwood deserves the death penalty because he would be a continued threat to society, even if he is sentenced to life in prison without the chance for parole. As was the case with Masters, Meloy did not interview Underwood to reach his opinion supporting the prosecution's case, the Oklahoman reported.

After eight hours of deliberation, the jury voted late Friday to sentence Underwood to death.

Read more in Wednesday's Fort Collins Now


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