Colorado Court Hears Habeas Corpus Petition of Tina Peters
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Tina Peters’ Latest Bid For Freedom Began in Colorado Courthouse Last Week

Tina Peters, Mesa County Clerk
photo: Carl Payne, Colorado Newsline

On the past Tuesday, developments in the Tina Peters case resurfaced in a Colorado courthouse as attorneys presented their arguments before Chief Magistrate Judge Scott T. Varholak of the United States Tenth Circuit District Court of Colorado.

Amid a crowded courtroom, attorneys representing the ex-Mesa County Clerk aimed to secure Ms. Peters’ release during a habeas corpus hearing.

It’s important to recall that Tina Peters faced conviction last year on seven out of ten charges, with the gravest being three counts of attempting to influence a public servant and a count of conspiring to commit criminal impersonation.

District Judge Matthew Barrett’s sentencing, which approached maximum penalties for each charge, sparked nationwide attention. The trial’s proceedings stirred significant concern since Ms. Peters’ defense was barred from presenting potentially exculpatory evidence that might have acquitted her.

READ: Tina Peters’s Polis-Appointed Judge Rejects Motions That Would Result in New Trial

Public outcry intensified when it appeared that the judge’s sentences prioritized using Tina as a cautionary figure to deter other clerks nationwide from misstepping, suggesting they may get “Tina Peter’d.”

Tina’s legal team filed a habeas corpus motion supported by five key arguments, primarily asserting that her imprisonment breached her First Amendment right to free speech. Her attorney, Peter Ticktin, advocated for her release on bond while awaiting appeal.

The Chief Magistrate Judge seemed to question the argument by noting that typical habeas corpus petitions call for the overturn of conviction or unsuccessful appeal. Varholak sought precedent to show this request was plausible under the law.

The attorney responded, "If there has ever been a case where someone should be released on bail, this is the case." Ticktin continued, "She's living in hell because someone is afraid of what she might say."

While Tina’s case is currently under appeal, the appeal process could last as long as four years. Tina’s fiercest allies and advocates would argue that health and safety concerns are dire for Tina. She suffers from severe fibromyalgia.

A gold star mother who lost her son in the line of duty is now being housed amongst murderers and rapists. Her health has been rapidly declining. Tina does not pose a threat to society, so many questions remain as to why she has been housed in abhorrent conditions, including the county jail for the first six months of her incarceration.

The Back Story of Mesa County

Tina Peters joins Mike Lindell, Sherrona Bishop, Col. Shawn Smith (ret) on Mesa County Panel at Cyber Symposium

Back in 2021, Tina Peters became a household name in the world of MAGA after her surprise appearance at the Cyber Symposium hosted by My Pillow’s Mike Lindell. The Mesa County Clerk had been involved in a series of events that led to her current status as a political prisoner.

Election integrity expert and Nobel prize-nominated chemist, Dr Douglas Frank, appeared on Vanessa Broussard’s Spin Room on Tuesday during live coverage of the hearing. As a friend and participant in the Mesa County saga, he knew her story all too well. Frank recalled the moment that Tina was first introduced to the audience in South Dakota and how she was shaking. Fame and notoriety were never her focus. The truth about her elections was what she sought, as she saw that as part of the duties of her job.

Frank told how Ms. Peters had reached out to him to make backups of her systems in accordance with her duties as the Mesa County Clerk.  Dominion Voting Systems was scheduled to do a trusted build in Mesa County, Colorado. Tina sought to make backups of the systems before and after the trusted build. After meeting with an attorney from the Lindell team, an expert was provided to help Ms. Peters.

This expert was a white hack licensed penetration tester who had been used in Antrim County, Michigan, in a similar effort. Dr Frank recalled how everything was completed under the letter of the law.

In fact, the backups, as well as the video documentation and photographs during the trusted build, led to vulnerabilities being exposed in the Mesa County Reports I, II, and III by election integrity expert, Jeff O’Donnell.

Recordings of the above-mentioned Dr Frank were even used as evidence in the trial of Tina Peters. The prosecution used a tape recording of Dr Frank from Tina’s office. But when the defense petitioned to play the longer version of the audio to provide context, the judge denied the motion.

This allowed the prosecution to misconstrue the evidence. Frank was even denied the opportunity to testify at the trial. Just another example of how the prosecution, with the aid of the judge, hid evidence and testimony that could have been used to exonerate the defendant.

Frank continued… “She never intended to be a public figure like this. She just wanted transparency in her own elections and wanted to figure out herself what was wrong with her own elections.”

Although all eyes were on Tuesday’s hearing, a resolution was not expected. Peters was denied the ability to attend the hearing remotely as arguments began to attempt to secure her release on bond. Although many had high expectations, the hearing was in fact just a precursor to what Peters’ allies seek.

The process continues with the judge requiring briefings from both sides before the judge makes the decision to issue a ruling or perhaps a recommendation to the District Judge. If Varholak ultimately makes a recommendation four to six weeks from now, it is at the full discretion of the District Judge to accept or reject. The identity of the district judge at this point is a mystery.

Possible Action on Federal Level

At present there is not yet a recommendation on the petition. Many see this as a tall hill to climb and prefer to put hope in action coming from the Department of Justice. Many believe Tina could be granted federal whistleblower status based on recent comments from President Trump after a meeting with Mike Lindell. 

“Radical Left Colorado Attorney General Phil Weiser ignores Illegals committing Violent Crimes like Rape and Murder in his State and, instead, jailed Tina Peters, a 69-year-old Gold Star mother who worked to expose and document Democrat Election Fraud. Tina is an innocent Political Prisoner being horribly and unjustly punished in the form of Cruel and Unusual Punishment,” said Trump, referring to her case as a “Communist persecution by the Radical Left Democrats to cover up their Election crimes and misdeeds in 2020.”

Many conservatives are asking why the President can’t pardon Peters. The simple fact is that state charges and state convictions do not qualify for a presidential pardon. Colorado Governor Polis would have to issue the pardon, and being a Democrat that option is nearly impossible. 

The comments from the President and the recent court proceedings have given hope to the Free Tina movement that freedom could be part of Tina’s future. The process that locked up a grandmother for attempting to provide her constituents with secure elections could possibly lead to her release. Hopefully, with her deteriorating health, the happy ending will not come too late.

Tina Peters herself never expected to be in such a situation.

I never expected that just doing an image, which was completely legal, before and after the trusted build, would’ve landed me here. I thought it was going to come out quickly.

Turns out justice is neither swift or blind. But the fight for Tina’s freedom continues.

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