Tina Peters Launches Legal Fight for Freedom in Colorado Courtroom

By Ally Rose | National File

Tina Peters’ Latest Bid For Freedom Began in Colorado Courthouse Last Week.

Last Tuesday, the Tina Peters saga continued in a Colorado courthouse as lawyers went before the United States Tenth Circuit District Court of Colorado Chief Magistrate Judge Scott T. Varholak.

In front of a packed courtroom, the lawyers for the former Mesa County Clerk were poised to argue for the release of Ms. Peters at the habeas corpus hearing.

Readers will remember that last year, Tina Peters was convicted of seven of the ten charges she faced, with the most serious convictions being three counts of attempting to influence a public servant and one count of conspiracy to commit criminal impersonation.

Her sentence by District Judge Matthew Barrett raised eyebrows throughout the country when she was given near maximums for each conviction. The way the trial was handled has caused much concern, as Ms. Peters’ defense team was not allowed to use exculpatory evidence that could have cleared her name.

Outrage reached new heights when the judge’s sentences were not just based on punishment and the acceptance of responsibility, but seemed to be more focused on setting Tina as an example in the name of deterrence in an effort to prevent other clerks around the country from stepping out of line and becoming “Tina Peter’d.”

Tina’s defense team had filed a habeas corpus petition based on five arguments. The primary argument being that her First Amendment right to free speech had been violated with her imprisonment. Peters’ attorney, Peter Ticktin, argued that Peters should be released on bond pending appeal.

The Chief Magistrate Judge seemed to question the argument by noting that typical habeas corpus petitions call for the overturn of conviction or unsuccessful appeal. Varholak sought precedent to show this request was plausible under the law.

The attorney responded, "If there has ever been a case where someone should be released on bail, this is the case." Ticktin continued, "She's living in hell because someone is afraid of what she might say."

While Tina’s case is currently under appeal, the appeal process could last as long as four years. Tina’s fiercest allies and advocates would argue that health and safety concerns are dire for Tina. She suffers from severe fibromyalgia.

A gold star mother who lost her son in the line of duty is now being housed amongst murderers and rapists. Her health has been rapidly declining. Tina does not pose a threat to society, so many questions remain as to why she has been housed in abhorrent conditions, including the county jail for the first six months of her incarceration.

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