A Colorado appellate panel has overturned the nine-year sentence imposed on former county clerk Tina Peters but left her conviction unchanged, ordering a lower court to resentence her. The three-judge panel upheld all seven counts on which Peters was convicted, including attempts to influence a public servant and violation of duty, but concluded the original sentencing judge had inappropriately considered Peters's protected speech when deciding punishment.
The panel described comments made by the trial judge, Matthew Barrett, at sentencing as exceeding permissible considerations. The appeals court cited the judge's references to Peters as a "charlatan" who continued to peddle "snake oil that’s been proven to be junk time and time again." The panel wrote that those remarks and other statements amounted to punishment based on Peters's expressed belief in alleged 2020 election fraud rather than her criminal actions.
"The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing," the panel said. "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."
The appeals court provided no guidance on what the new sentence should be. Peters remains jailed following the order to return the matter to the lower court for resentencing.
Peters was indicted in 2022 after an election security breach at her office that resulted in voting equipment passwords being posted on a right-wing blog. She denied wrongdoing. The convictions related to actions she took in pursuit of allegations that the 2020 presidential election had been stolen from Donald Trump - claims that Trump has repeatedly and falsely made.
In recent months, former President Donald Trump has publicly supported Peters, urged state courts and Colorado Governor Jared Polis to free her, and labeled her a political prisoner. Governor Polis last month indicated he might be willing to consider clemency for Peters. Separately, Trump issued a pardon for Peters in December, though the appeals court noted that a presidential pardon does not reach state offenses and therefore does not affect her state convictions or custody.
Two attorneys who represent Peters, Peter Ticktin and John Case, did not immediately reply to requests for comment.
Legal posture and next steps
The appeals panel's decision narrows its review to the sentencing phase rather than the underlying convictions, which remain intact. The lower court must now determine an appropriate sentence without considering Peters's protected speech as a factor. The court did not indicate an expected timeline for the resentencing hearing or suggest what length of punishment would be proper under the law.
Context in brief
- Peters was convicted on seven counts tied to tampering with voting machines and related misconduct.
- She was indicted following a security breach that led to the public posting of voting equipment passwords.
- Her defense has included denials of wrongdoing; she has also been publicly supported by former President Donald Trump.