The Colorado Court of Appeals has thrown out Tina Peters’ nine-year prison sentence, finding that the lower court violated her First Amendment right to free speech related to her allegations of election fraud.
“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” a three-judge panel wrote in a 77-page opinion. “Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud. Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.”
The judges wrote that it was “apparent” the lower court imposed the sentence it did because Tina Peters continued to espouse election denying views.
“The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed ‘damaging.’
“But the court failed to acknowledge that Peters is no longer the Mesa County Clerk and Recorder,” they continued. “She is no longer in a position to engage in the conduct that led to her conviction. So it cannot be said that the lengthy prison sentence was for specific deterrence. To the contrary, the sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election.”
The Appeals Court asked that she be resentenced. In other words, this was clearly a political persecution.
Will the new sentence with that corrupt, biased judge be reasonable? I am assuming it goes back to the same judge.
