Rocky Mountain Voice

Tag: Daniel Rubinstein

Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”
Rocky Mountain Voice, State, Top Stories

Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”

By Jen Schumann | Rocky Mountain Voice Tina Peters will not be released from custody. Judge Matthew Barrett denied her renewed motion for bond pending appeal Tuesday morning—two days after refusing to step aside from her case. The nine-page order keeps Peters in prison while her legal team prepares to take the bond question to the Colorado Court of Appeals, the same panel that threw out her sentence earlier this month. Barrett did not hold a hearing. He found he could not conclude Peters is unlikely to flee, called her future appeals "frivolous" and said they would be pursued "for the purpose of delay." "Finality is critical to the resolution of the judicial process," Barrett wrote, "and it would be contrary to the law to ignore the reality that Defendant would use all mean...
Judge Barrett refuses to step aside in Peters case, defends sentencing math
Rocky Mountain Voice, State, Top Stories

Judge Barrett refuses to step aside in Peters case, defends sentencing math

By Jen Schumann | Rocky Mountain Voice Judge Matthew Barrett denied Tina Peters' motion to disqualify him on Monday afternoon. In a 16-page order, he accepted every factual claim in the defense affidavits as true, then concluded none of them meet the legal standard for recusal. In a footnote on page 15, he answered the math the defense had used to challenge his letter to the governor. Barrett's order, filed at 3:37 p.m., clears the procedural condition he had cited as the reason he could not rule on Peters' renewed motion for bond pending appeal.  The bond question now sits on his desk under the 48-hour window Colorado Appellate Rule 9(b) sets for ruling on bond pending appeal. The defense's reply on that motion, filed late Sunday night, set up the dispute that follows—a fa...
Peters’ defense says Barrett used facts that were never in evidence
Rocky Mountain Voice, State, Top Stories

Peters’ defense says Barrett used facts that were never in evidence

By Jen Schumann | Rocky Mountain Voice The state said Judge Matthew Barrett's sentencing remarks about Tina Peters were harsh words from the bench, not evidence of bias. Peters' legal team answered with a different question: how did the judge know she appeared on podcasts? Where did he get the words "snake oil" and "junk"? The state's response did not touch that argument. The judge being asked to step aside will decide it. Three filings hit the Mesa County docket between late Thursday and Friday morning. District Attorney Dan Rubinstein's office opposed Peters' motion to disqualify Barrett. Her attorneys replied by introducing a theory the state never touched—that Barrett's sentencing comments relied on an "extrajudicial source," meaning information the judge obtained from out...

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