#Breaking Colorado appeals court tosses out Tina Peter's 9-year prison sentence - said trial judge violated First Amendment rights
“The trial court obviously erred by imposing sentence at least partially based on Peters’ protected speech”
#colorado
The three-judge panel unanimously found that Judge Matthew Barrett was wrong base the length of the sentence on Peters comments saying she thought there was fraud in the 2020 election - which is a protected First Amendment right to free speech.
“The trial court obviously erred by imposing sentence at least partially based on Peters’ protected speech” wrote Judge Ted Tow in the opinion.
The appeals court upheld Peters’ underlying convictions but sent the case back to a lower court for resentencing
The panel said that when they looked at the case in whole, Barrett's comments he made during sentencing showed that the 9-year sentence was driven by Peters’ refusal to change the viewpoint - fraud in 2020 election - that motivated her to take action; views the court recognized as shielded by the First Amendment.
The Democrat Governor of Colorado Jared Polis appointed Barrett
Details:
🔺️Peters was the elected Clerk and Recorder of Mesa County.
🔺️She authorized a forensic imaging of election hard drives during a routine software update
🔺️She did it to preserve data she thought had evidence of fraud in the 2020 election, saying she thought she was carrying out - in her understanding - of federal record-preservation duties.
🔺️The expert used a pseudonym for security reasons, and the data images were later released to the public by third parties.
🔺️A Mesa County found Peters guilty in 2024:
Attempting to influence a public servant,
Conspiracy to commit criminal impersonation
Official misconduct,
🔺️Violation of duty in elections, and
Failure to comply with the Secretary of State
🔺️In October 2024, Judge Barrett sentenced her to nine years plus fines, citing Peters’ lack of remorse and her continued public advocacy.
🔺️Peter's convictions still stand, but her sentence has been reversed on free speech grounds.
Peters remains in custody pending resentencing.
The court rejected her request for a new judge.
#BreakingNews
#Christina
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