The court said that it was “apparent” the sentence was given to Peters because of her claims about election fraud.
A Colorado appeals court has thrown out the 9-year prison sentence that was handed down to pro-Trump activist Tina Peters, who was convicted on charges related to alleged election misconduct in the 2020 presidential race. The appeals court found that the lower court’s decision had violated her First Amendment right to free speech related to her allegations of election fraud.
“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” a three-judge panel wrote in the decision.
“Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud. Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.”
The court said that it was “apparent” the sentence was given to Peters because of her claims about election fraud. “The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed ‘damaging,'” the court wrote in the opinion about the lower court.
“But the court failed to acknowledge that Peters is no longer the Mesa County Clerk and Recorder,” they added. “She is no longer in a position to engage in the conduct that led to her conviction. So it cannot be said that the lengthy prison sentence was for specific deterrence. To the contrary, the sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election.”
The appeals court directed the lower court to resentence Peters without any considerations of her comments or beliefs about the 2020 election. During the election, Peters was a county clerk in Colorado when she was charged with using someone else’s badge to allow someone to gain access to the equipment involved with Dominion Voting Systems. At the time, Peters said that they were looking for evidence of voter fraud in the 2020 election.
President Donald Trump and others have repeatedly demanded that Peters be set free as she is 70 years old and would have spent possibly the rest of her life behind bars.
Colorado Governor Jared Polis said in response to the court’s decision, “This case has been very challenging and a true test of our resolve as a state to have a fair judicial system, not just for people we agree with but a fair system for Coloradans that we vehemently disagree with. I agree with the court and am pleased they rejected President Trump’s pardon, which has no effect on state crimes. I am also heartened to see our appellate court protect free speech and a fair and evenly applied justice system for all. In weighing clemency applications, I have reviewed many, many sentences during my time as Governor, and Tina Peters’ sentence of nine years was an obvious outlier. My job as Governor is to focus on what is right, not what is popular, and today the court took action to ensure equal justice for all.”
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