Federal Judge Denies Tina Peters’ Bid for Freedom Ahead of Appeal
A federal magistrate judge has denied former Mesa County Clerk Tina Peters’ bid to be released from state prison while she appeals her conviction, effectively keeping her behind bars for the foreseeable future. On Monday, Judge Scott T. Varholak ruled that federal courts must abstain from intervening in ongoing state criminal cases, meaning Peters must serve out her sentence pending the outcome of her appeal.
Peters, 70, was sentenced to nine years in October 2024 after a Colorado jury found her guilty on multiple counts related to illegally permitting unauthorized access to her county’s voting-machine data, part of a broader effort to uncover alleged 2020 election fraud. During sentencing, District Court Judge Matthew Barrett called her a “charlatan” and concluded she posed a danger to the community by spreading false election theories.
Peters’ legal team in federal court argued the state trial violated her First Amendment rights by claiming the sentence punished her for public speech. But Judge Varholak said those arguments must wait until after the state-court appeal plays out, rejecting her request for bond.
Her case drew national attention: supporters including former President Donald Trump and ex-National Security Adviser Michael Flynn pushed for her release, and the federal government even requested a transfer of custody to a federal prison. But Colorado officials declined and state prosecutors cautioned against bypassing local justice.
For now, Peters remains in a state prison in Pueblo as she continues to challenge her conviction. Whether her federal arguments will gain traction once the state-court appeal is resolved remains uncertain.
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