A Colorado appeals court has taken action against a lengthy prison sentence imposed on former Mesa County clerk Tina Peters. The court found that the trial judge overstepped by incorporating her views on the 2020 election into the sentencing process.
As detailed in a 77-page ruling, the three-judge panel from the Colorado Court of Appeals concluded that the lower court inappropriately factored in Peters’ personal beliefs while affirming her conviction related to a voting system breach.
The judges noted, “The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing.” They emphasized that the ruling should focus on her actions, not her beliefs.
According to the panel, “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.” This indicates a clear distinction between belief and action.
Additionally, the court pointed out that the original court’s rationale for the harsh punishment was influenced by Peters’ stance on the election integrity. They mentioned that the trial court’s comments suggested the sentence was partly to deter her from expressing views deemed harmful.
However, the appeals court rejected that reasoning. The judges reminded the court that Peters is no longer in her official position, saying, “She is no longer in a position to engage in the conduct that led to her conviction.” Ultimately, the panel has sent the case back for reassessment of her sentencing, instructing the judge to exclude any consideration of her statements about the election.
