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Ninety-six minutes later—Barrett denies Tina Peters’ renewed motion to disqualify him
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Rocky Mountain Voice, State, Top Stories

Ninety-six minutes later—Barrett denies Tina Peters’ renewed motion to disqualify him

By Jen Schumann | Rocky Mountain Voice Defense attorney John Case filed the motion at 3:17 p.m. Monday. Judge Matthew Barrett denied it at 4:53 p.m. Ninety-six minutes later, Tina Peters’ latest effort to remove the judge overseeing her case was over. The motion cited three major court decisions and included a new sworn affidavit from Rev. Robert Babcox, chief chaplain for the Colorado State Patrol in Grand Junction. Barrett’s denial spanned four paragraphs. The filing argued Barrett was not free to dismiss or reframe sworn affidavits supporting disqualification if Colorado law required the court to presume those statements were true. 2026-0511 DENIED_Defendants Motion for Reconsideration of Order Denying Motion to Disqualify Judge Matthew BarrettDownload Judge Ma...
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Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”
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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...
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Judge Barrett refuses to step aside in Peters case, defends sentencing math
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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...
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Peters’ defense says Barrett used facts that were never in evidence
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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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GOP advances candidates as convention backs effort to limit primary ballots to Republicans
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Rocky Mountain Voice, State, Top Stories

GOP advances candidates as convention backs effort to limit primary ballots to Republicans

By Jen Schumann | Rocky Mountain Voice Colorado Republicans came to Pueblo to choose candidates. They left having done that—and still debating who should have a say in choosing them. What unfolded over the course of a long delayed and at times contentious assembly produced clear outcomes in major races while also setting in motion a legal step that could reshape how those candidates are selected in the future. Candidates emerge with distinct paths to the ballot Two different approaches carried through in the governor’s race. State Rep. Scott Bottoms led with 968 votes (45.13 percent) while Victor Marx followed with 837 votes (39.02 percent). Both cleared the 30 percentage threshold required to advance. Supporters raise signs for Scott Bottoms as delegates r...
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Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines
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Rocky Mountain Voice, State, Top Stories

Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines

By Jen Schumann | Rocky Mountain Voice Attorney John Case, who represents former Mesa County Clerk Tina Peters, has sent an open letter to Colorado Gov. Jared Polis and Secretary of State Jena Griswold urging the state to immediately discontinue electronic voting systems and return to in-person, hand-counted paper ballots. Case’s letter, dated October 21, outlines a series of concerns about the Dominion voting software used in 60 counties. It cites sworn testimony from two former Venezuelan election insiders who claim Dominion’s systems share code and design elements with Smartmatic software previously used in Venezuela—software the witnesses allege was developed to ensure predetermined outcomes. According to the letter, those sworn statements were part of federal court filings in...
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Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing
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Rocky Mountain Voice, State, Top Stories

Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing

By Jen Schumann | Rocky Mountain Voice After more than four years of courtroom battles and appeals, former Mesa County Clerk Tina Peters’ fight now hinges on a single federal question: whether Colorado courts violated her constitutional rights by denying her bond pending appeal.  The Oct. 16 motions hearing was part of a broader federal proceeding stemming from Peters’ Application for a Writ of Habeas Corpus filed in February. That petition asks the U.S. District Court to determine whether her ongoing detention violates the Constitution. It argues that the state’s denial of bail pending appeal punished Peters for her speech, violated her First and Fourteenth Amendments, and ignored the federal obligations that she says guided her actions as Mesa County Clerk under the Supremacy ...
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