One of the biggest stories of 2022 is expected to make a comeback in 2024: The case of former Mesa County Clerk Tina Peters.
Her twice delayed trial for her admitted actions in making copies of election equipment in an attempt to prove election fraud, which still is set for early February, likely will draw national attention, particularly with state and federal cases against former President Donald Trump unfolding in the first part of the new year.
That’s because Peters’ case has a nexus to the former president, in that it is related to unproven claims that the 2020 presidential election when Trump lost was somehow faulty.
Trials for both Peters and Trump also are expected to reverberate throughout the year, as the nation goes into another presidential contest, which will begin in March when Colorado holds its presidential primary.
Peters faces seven felony charges, including three counts of attempting to influence a public servant, two counts of conspiracy to commit criminal impersonation, one count of criminal impersonation and one count of identity theft.
She also faces three misdemeanors: first-degree official misconduct, violation of duty and failing to comply with the secretary of state.
Peters’ has repeatedly denied those charges, saying they are politically motivated.
In an attempt to block or delay that February trial, Peters filed a federal lawsuit in November against U.S. attorney General Merrick Garland, Colorado Secretary of State Jena Griswold and Mesa County District attorney Dan Rubinstein, saying they all violated her First and Fourteenth Amendment rights by investigating her and then charging her with crimes.
That suit, which could be a preview of her defense in the February trial, says that as a whistleblower she is protected from any charges being filed against her.
Tina Peters waits in the hallways of the Mesa County Justice Center just before being sentenced on a felony charge of defying an affidavit for her iPad in April.
As a result, Peters’ attorneys are trying to use that lawsuit to get the federal court to intervene in the state case, saying the charges against her don’t provide her the right to properly defend her actions.
“The Mesa County District Court will not provide Peters with an adequate opportunity to litigate the federal constitutional issues essential to prevailing on her First Amendment claim,” her Virgina-based attorney, Robert Cynkar, wrote in a brief to the federal court.
“In a June 2, 2022, ruling, the state court rejected any application of the statutory choice-of-evils defense,” Cynkar added. “That deprives Peters of due process by preventing her from asserting her Privileges or Immunities Clause defense, and her right and duty to take action to preserve the election records as required by federal statute.”
Under state law, a defendant can use a choice-of-evils defense if they can show that an illegal act was necessary to avoid or prevent a more serious illegal act.
But in his motions to dismiss the federal case, Mesa County attorney Todd Starr, representing Rubinstein, argues that Peters expressly told the state court that they didn’t plan to use the choice-of-evils defense.
Additionally, Starr wrote that the remedy for any ruling by a state judge, in this case District Judge Matthew Barrett, isn’t through the federal courts, but through the Colorado Court of Appeals and the Colorado Supreme Court.
“Criminal defendants typically assert many federal constitutional rights as defenses to state-law criminal charges,” Starr wrote. “Ms. Peters just did not like his ruling. It is outside the province of this (federal) court to overturn state court evidentiary decisions. Instead, Ms. Peters’ remedy is an appeal before the state appellate courts.”
The federal court is expected to rule on motions to dismiss the case soon, or if that doesn’t happen, to consider granting a preliminary injunction to stop or delay the state case.
Prosecutors in the state case are expected to present evidence that Peters took no official steps to report problems with election equipment used when she served as Mesa County clerk and recorder, but instead acted entirely on her own and solicited the aid of some co-workers and unauthorized outside help.
According to court records and affidavits, Peters used the identity of a Fruita man to gain access to computer hard drives that ended up in the hands of election security conspiracy theorists. She did so without prior approval from the Secretary of State’s Office, which gave similar approval to the Larimer County clerk’s office for the 2020 election.
Those records also say that Peters had done that late on a Sunday night, after ordering surveillance cameras inside her office be turned off, and presented a California man as a clerk employee using the identity of the Fruita man when neither were actual employees.
Two of her subordinates, former Deputy Clerk Belinda Knisley and former Elections Manager Sandra Brown, have already been convicted in their roles in the scheme, and according to terms of their plea agreements are to testify against her.
The Fruita man whose identity she allegedly stole, Gerald Wood, also is expected to testify against Peters.
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.
