Peters Claims First Amendment Rights Violated in Bond Denial

By Sam Klomhaus | The Daily Sentinel

Attorneys for former Mesa County Clerk Tina Peters argued in a briefing filed Tuesday that Peters’ has been prosecuted in violation of her First Amendment right, and that a federal court is allowed to grant her request for bail pending appeal.

The filing asks for Peters to be released from custody. She is serving a nine-year sentence at the La Vista Correctional Facility in Pueblo.

Peters was convicted of three counts of attempting to influence a public servant, one count of conspiracy to commit criminal impersonation, one count of official misconduct and one count of failure to comply with the secretary of state, and sentenced to nine years of incarceration in October 2024 after she was accused of allowing an unauthorized person to enter a secure area of the Mesa County Elections Division in May 2021 to make copies of computer hard drives in search of election fraud, and misleading officials in the process.

Peters has maintained she was simply doing her duty as the Mesa County elections official, and that her prosecution was politically motivated.

The filing specifically noted two quotes from Judge Matthew Barrett as he was sentencing Peters as saying Peters’ words made her dangerous.

The first: “You are a charlatan and you cannot help but lie as easy as it is for you to breathe. You betrayed your oath for no one other than you. And this is what makes Mrs. Peters such a danger to our community. It’s the position she held that has provided her the pulpit from which she can preach these lies, the undermining of our democratic process, the undermining of the belief and confidence in our election systems.”

The second: “So the damage that is caused and continue to be caused is just as bad, if not worse, than the physical violence that this court sees on an all too regular basis. And it’s particularly damaging when those words come from someone who holds a position of influence like you. Every effort to undermine the integrity of our elections and the public’s trust in our institutions has been made by you. You’ve done it from that lectern. The voting public provided you with everything you’ve done has been to retain control influence. The damage is immeasurable. And every time it gets refuted, every time it’s shown to be false, just another tale is weaved.”

Barrett’s words, which the filing referred to as “caustic and unrestrained,” pointed to prejudice against Peters and her being prosecuted because of her speech, according to the filing.

The filing stated Peters’ concerns about Mesa County’s voting equipment were legitimate.

Former Mesa County Commissioner Scott McInnis testified during Peters’ sentencing that no fraudulent votes were found during the ordeal.

In a previous filing, attorneys for the State of Colorado argued a federal court does not have jurisdiction to release a state of Colorado prisoner, a process known as habeas corpus, while an appeal is still pending at the state level.

Peters’ filing stated the federal court does have jurisdiction because Peters’ constitutional rights were violated.

“Federal habeas corpus on behalf of an individual in state custody provides a remedy to redress violations of federal constitutional rights where the claim was adjudicated by a State court in a decision that was contrary to clearly established law,” the filing stated.

Peters argued that a previous denial of bail by the state of Colorado Appeals Court violated her First Amendment rights also.

“The denial of Mrs. Peters’ request for bond pending appeal was driven by an unmistakable intent to punish her for her constitutionally protected speech,” the filing stated. “Accordingly, the denial of the appeal bond violated Mrs. Peter’s First Amendment rights; it offends our most basic principles of justice under the Constitution; and Mrs. Peters’ request for bond pending appeal should be granted forthwith.”

The filing asked the court to order Tina Peters to be released and granted bond within 10 days.

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