DENVER (CN) - The Colorado Court of Appeals on Thursday reversed former elections clerk Tina Peters' criminal sentence while affirming her conviction related to a 2021 incident at Mesa County's election headquarters, finding the trial judge improperly considered statements of free speech in calculating the sentence.
In the wake of the 2020 presidential election, as President Donald Trump characterized former President Joe Biden's win as the "Big Lie," a group of Peters' conservative constituents in western Colorado started questioning her on the results of the 2021 Grand Junction municipal election, several months later.
When Peters learned a voting machine update would erase the computers' records, she sought to take action. After the secretary of state's office rejected Peters' requests to have an observer present, she instructed her deputy clerk to turn off security cameras and arranged for her associate, Conan Hayes, to photograph evidence of the records.
The Republican-run district attorney's office investigated and debunked Peters' theory that illegal votes had been counted. Prosecutors ultimately pursued charges holding Peters accountable for passing Hayes off as Gerald Wood, a local IT expert for whom she obtained county credentials.
Following a 10-day trial in August 2024, a jury found Peters guilty of three felony counts of attempting to influence a public servant and one felony count of conspiracy to commit impersonation, plus misdemeanor counts of official misconduct, violating her duties and failing to comply with the secretary of state's requirements.
Twentieth Judicial Judge Matthew Barrett sentenced Peters to nine years in prison.
On appeal, Peters claimed Barrett punished her for protected speech and wrongfully calculated her sentence with an eye toward a contempt conviction, which the Colorado Court of Appeals since vacated.
Peters also renewed her opposition to the state's ability to prosecute her for actions taken to preserve election records, acts she argued were protected by federal law.
While Peters has struggled to find relief from either state or federal court, she has received attention from the executive branch. Last December, Trump attempted to pardon the 70-year-old Peters. While it's been commonly understood that the president does not have the power to overturn state convictions, Colorado Governor Jared Polis, a Democrat, said last month he is reviewing whether to grant clemency to Peters due to her age and declining health.
Colorado Court of Appeals Judges Lino Lipinsky, Craig Welling and Ted Tow reviewed the case, all three of whom were appointed by Democratic Governor John Hickenlooper.
Source: Courthouse News Service
