Supporters of former Mesa County Clerk Tina Peters are trying to persuade the governor and state lawmakers to do something about her long prison sentence, on the heels of news that the U.S. Justice Department for 鈥渁buses of the criminal justice process.鈥�
In October Peters was sentenced to nine years on charges stemming from her efforts to help a man gain unauthorized access to Mesa County鈥檚 Dominion voting machines in 2021. She is currently being held in the Larimer County jail while she appeals her conviction.
Democratic Rep. Jenny Willford of Northglenn said she鈥檚 received about 50 emails so far this week from Peters鈥� supporters, mostly people from Texas,
鈥淭hey are all talking about how Tina Peters has been victimized and Colorado鈥檚 weaponizing our justice system to keep her in jail, that Tina did not break the law,鈥� said Willford.
The emails are going to every member of the general assembly as well as Gov. Jared Polis and Attorney General Phil Weiser.
鈥淚t鈥檚 fascinating to me that we鈥檝e received this many emails asking us to free Tina Peters,鈥� Willford told CPR News. 鈥淭hat is not our position or something that we even have the authority to do as a legislature.鈥�
While state lawmakers don鈥檛 have power to overturn a state conviction, Gov. Polis does have that authority. His office said he has received 400 emails and calls since January in favor of a pardon for Peters.
鈥淭he individual has not applied to be considered through that process,鈥� spokesman Eric Maruyama wrote in response to CPR鈥檚 questions. He added that the Governor would only consider a clemency application on its own merits 鈥渞egardless of bullying and threats.鈥�
Polis鈥� office said the 鈥榖ullying and threats鈥� reference was in response to which said some Republican leaders in Colorado are calling on the Trump administration to withhold federal funding to the state to force a pardon from Polis.
鈥淨uid pro quo or blackmail is not the way our system of laws work,鈥� Maruyama stated. 鈥淐oloradans are federal taxpayers. It鈥檚 repugnant to demand to withhold taxpayer money in exchange for a political favor.鈥�
A spokesman for Attorney General Phil Weiser said the office cannot comment on this pending matter at this time, but will have a court filing soon on Peters鈥� federal habeas petition, in which she鈥檚 .
Republican state Rep. Scott Bottoms of Colorado Springs, who is also a candidate for governor, said he鈥檚 been closely involved in conversations with Peters and others about her situation and pushing for her release. He said he thinks Colorado is already on track to lose federal funding, not because of Peters, but because of the state鈥檚 opposition to the Trump administration on other issues that he thinks are anti-parent and anti-child, like trans rights.
Bottoms said he鈥檚 glad Peters鈥� case is getting more attention because he believes her conviction and what鈥檚 happened to her since are unjust.
鈥淪he should have got probation, but she gets nine years and she鈥檚 not allowed to get out on appeal. This stuff does not happen except in a Venezuela-type government,鈥� he said.
As supporters rally to aid Peters, others see any federal intervention as a miscarriage of justice
Peters continues to argue she did nothing wrong when she helped an unauthorized person use someone else鈥檚 identity to access her office鈥檚 election equipment and attend a secure software update. And she remains a cause celeb for those on the right who believe election equipment makers conspired with Democrats to sway elections 鈥� claims that have never been upheld in any court.
Sherronna Bishop, a prominent conservative activist who participated in the planning behind efforts to copy Mesa County鈥檚 election equipment hard drives, is working with Mike Lindell, the CEO of MyPillow and a prominent election denier, and his Lindell Offense Fund to raise money for Peters鈥� legal fees.
鈥淭here鈥檚 a lot of people that have stepped up and want to help and want to see this be made right,鈥� said Bishop. 鈥淲e believe this is political. This is a political hit job.鈥�
Mesa County District Attorney Daniel Rubinstein, a Republican, said his office鈥檚 prosecution was not politically motivated, noting that the judicial district sits in a conservative part of the state.
For Republican Rep. Matt Soper of Delta, who represents most of Mesa County at the capitol, the handling of Peters鈥� case is a state鈥檚 rights issue.
鈥淚 see this as being a very classic constitutional analysis of stay in your lane,鈥� he said of the Justice Department interest.
Soper noted he has constituents on both sides of the issue, but 鈥渞egardless of how someone feels about Tina Peters鈥� conviction, she was convicted under Colorado state law by a jury of her peers from Mesa County.鈥�
Soper, who holds a law degree, said from his legal analysis, he doesn鈥檛 see what leverage the DOJ has over Colorado.
鈥淚f the leverage at the end of the day is going to be threatening to pull back federal funds or threatening to remove federal jobs from Colorado or threatening economic sanctions on Colorado, I mean, to me that鈥檚 quite disturbing actually,鈥� he said. 鈥淚t sort of feels like justice can be purchased at the end of the day, and that鈥檚 not the American system.鈥�
The DOJ filing said Peters received an 鈥渆xceptionally lengthy sentence imposed relative to the conduct at issue鈥� and urged the federal judge to consider Peters鈥� request to be released as her case is appealed. The Justice Department wrote that it plans to evaluate whether the state prosecution was 鈥渙riented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives.鈥�
Ian Farrell, associate professor of law at the University of Denver described the federal interest in Peters鈥� case as an unprecedented situation; he said it鈥檚 shocking a federal department would consider intervening in a state conviction, 鈥渂ut when you think about it for even a few seconds, it鈥檚 not surprising. And so that鈥檚 I guess the world we live in these days.鈥�
Farell said he doesn鈥檛 find Peters鈥� claim that her constitutional rights are being violated 鈥渞emotely credible.鈥� Her being jailed during the appeal is routine, he said, and he noted her nine-year prison sentence is half the maximum sentence she could have received.
A recent filing by Peters鈥� lawyers, however, could lay the groundwork for a federal judge to look over her case, and Farrell worries that could lead to her release.
鈥淚 don鈥檛 think we can any longer assume that federal judges will, in all cases, simply apply the law,鈥� he said. 鈥淥ne hopes that they will.鈥�
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