The state court of appeals in Colorado just ruled that Tina Peters was inappropriately sentenced to nine years because the judge in question violated her free speech rights during sentencing.
However, the appellate court upheld the conviction and sent Peters back for resentencing to the very same judge who got it wrong the first time.
Unreal.
Here’s the news from the Denver Post:
The Colorado Court of Appeals threw out the nine-year sentence for discredited elections clerk Tina Peters on Thursday and ordered that she be re-sentenced by a district court judge.The panel of three judges found that Mesa County District Court Judge Matthew Barrett wrongly based part of the original sentence on Peters’ exercise of her right to free speech, according to a 74-page opinion released Thursday.
The court upheld her convictions and rejected an effort by President Donald Trump to pardon his political ally, despite the president’s fixation on freeing her and his ongoing pressure campaign against Colorado.
“Notwithstanding the fact that some of the trial court’s considerations were tied to proper sentencing considerations, when the court’s comments are viewed in their totality, it is apparent that the court imposed the lengthy sentence it did because Peters continued to espouse the views that led her to commit these crimes,” the opinion reads.
“The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed ‘damaging.’ … The sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election.”
Barring additional appeals, Thursday’s ruling will send the case back to Barrett, who will have the ability to reduce or reinstate Peters’ original sentence. The appeals judges denied Peters’ request that her case be resentenced by a new district court judge, finding that she needed to raise that issue in the lower court.
“Notwithstanding the fact that some of the trial court’s considerations were tied to proper sentencing considerations, when the court’s comments are viewed in their totality, it is apparent that the court imposed the lengthy sentence it did because Peters continued to espouse the views that led her to commit these crimes,” the opinion reads.
“The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed ‘damaging.’ … The sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election.”
Barring additional appeals, Thursday’s ruling will send the case back to Barrett, who will have the ability to reduce or reinstate Peters’ original sentence. The appeals judges denied Peters’ request that her case be resentenced by a new district court judge, finding that she needed to raise that issue in the lower court.
So this judge violates her free speech rights with a crazy-long sentence, and yet he gets to resentence her again? This is truly a corrupt system. Where is the penalty for this judge? He is in a position of power, yet he gets away with a crime here? Not only that, but he can commit the crime again because he’s a ‘judge’.
https://therightscoop.com/breaking-court-of-appeals-just-ruled-tina-peters-was-inappropriately-sentenced-but-shes-not-being-freed/
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