Colorado Court of Appeals announces clemency decision for Tina Peters
DENVER, Colo (KRDO) - In the wake of seemingly constant legal turmoil for former Mesa County Clerk and Recorder Tina Peters, the Colorado Court of Appeals has just upheld her conviction and ordered that she be resentenced by a district court judge.
You can read the full, 78-page opinion below.
The Colorado Court of Appeals goes on to affirm the judgment of conviction in the case "in part", but reversed Peters' sentence because it was "based in part on improper consideration of her right to free speech."
Peters, who is currently serving a 9-year prison sentence in the La Vista Correctional Facility in Pueblo, appealed her sentence in January, just months after President Donald Trump announced he would be pardoning her.
Peters was convicted by a jury of her peers after giving an unauthorized man affiliated with MyPillow CEO Mike Lindell access to Mesa County election software. Photos of the software then circulated on right-wing websites, according to ABC News. Peters has claimed the scheme was intended to prove now-debunked claims of widespread voter fraud in the 2020 election.
Colorado Attorney General Phil Weiser released the following statement after the court's decision:
“The original sentence that the court imposed on Tina Peters for illegally tampering with election equipment was fair and appropriate. The Court of Appeals raised concerns about the length of the sentence and asked a district court judge to reevaluate the sentence. Ms. Peters is in prison because of her own criminal conduct to prove false claims of voter fraud in the 2020 elections, and she has not shown any remorse for her actions.
"Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy. Nothing will remove that stain.
“Moreover, the court affirmed that the president’s pardon of Tina Peters is meaningless and won’t free her from prison. Presidential pardons do not extend to state crimes, and the president cannot wipe away Ms. Peters conviction with a stroke of a pen." - Colorado Attorney General Phil Weiser
Since her incarceration, President Trump has repeatedly urged federal officials to intervene and secure her release. In December, Trump posted on Truth Social that he was granting Peters a "full pardon," but notably, the president does not have the authority to pardon state charges.
Just days after submitting her appeal earlier this year, Peters was involved in a fight at the La Vista Correctional Facility, fueling renewed claims from her allies that she was unsafe behind bars, despite state officials disputing that.
Last month, Colorado Gov. Jared Polis appeared to signal he was open to granting some form of clemency to 70-year-old Peters, highlighting the disparity between her conviction and the recent sentencing of former state Sen. Sonya Jaquez Lewis.
READ MORE: Polis hints at possible clemency for Tina Peters, comparing sentencing to former state senator’s
"It is not lost on me that [Lewis] was convicted of the same felony charge as Tina Peters – attempting to influence a public official – and yet Tina Peters, as a non-violent first-time offender, got a nine-year sentence," Polis wrote in part. "Justice in Colorado and America needs to be applied evenly; you never know when you might need to depend on the rule of law."
Colorado Secretary of State Jena Griswold has issued the following statement:
"Today, the Appeals Court affirmed Peters' conviction, and I am appreciative of their rejection of Trump's unlawful attempt to pardon her. Peters will continue to face accountability for coordinating a breach of her own election equipment. Her actions have been repeatedly used to spread conspiracy theories, amplify falsehoods, and fuel dangerous election lies. Peters should not receive any special treatment as the District Court considers re-sentencing."
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