Last month, the Colorado Court of Appeals heard the appeal of 70-year-old former Mesa County Clerk Tina Peters. Peters is serving over 9 years following her August 2024 conviction at La Vista Correctional Facility in Pueblo, Colorado. Peters was condemned to this medium-security prison, despite Peters’ being a non-violent, first-time offender.
On Wednesday, Peters was denied bond by the very same court. In Colorado, a defendant has 49 days to seek review of a decision denying bond from a district court. Peters’ bond appeal came “more than fifteen months after the district court issued the order,” the ruling states.
The appellate court has not yet ruled on the merits of Peters’ arguments, but rather only on the bond issue thus far.
According to her counsel’s arguments last month, Peters is being held among “murderers, child molesters, and drug dealers” in Colorado prison because Colorado only has four minimum security facilities and all four are exclusively for men.
“You have a 70-year-old woman, non-violent, first offense, probation eligible, never had a traffic ticket before this, given 9 years in the penitentiary. Under DOC regulations, she ought to be in a minimum security facility with similar defendants,” Peters’ attorney argued during the appeals hearing.
This seems like an Equal Protection violation and/or an Eighth Amendment violation by keeping a non-violent senior citizen and Gold Star mother whose son died in service to this country as an elite Navy SEAL incarcerated with violent offenders while herself being convicted of deceiving a public servant.
You can read the ruling here:
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The appellate court also denied Peters’ request to have a new district court judge reassigned in the bond matter after Peters’ counsel argued that Judge Matthew Barrett violated her First Amendment rights.
The convictions were for:
- attempting to influence a public servant
- conspiracy to commit criminal impersonation
- first-degree official misconduct, violation of duty
- failure to comply with the Secretary of State’s requirements
Peters was not charged with any election violations or any charges involving the voting systems in her possession, despite misconceptions among the public.
During the mid-January Colorado Court of Appeals hearing, the three-judge panel scrutinized the handling of Peters’ case. Senior Assistant Attorney General Lisa Michaels represented the State of Colorado during the proceeding.
The Gateway Pundit reported extensively on the January appellate hearing and the issues the three-judge panel raised with the State.
WATCH: Colorado Appellate Court Judges Eviscerate Colorado’s Case Against Tina Peters’ in Appeals Hearing
During the hearing, the panel tore apart Senior Assistant AG Lisa Michaels. Judge Ted C. Tow asked, “Is it your position that a person can still be convicted of a crime with which they were never charged and with which the jury was never instructed, as long as the evidence is sufficient?”
At issue was, among other things, the district court judge improperly instructing the jury on a misdemeanor charge that was misrepresented as a felony. This resulted in an additional fifteen months being added to Peters’ sentence.
Tina Peters Appeals Clip:
One of the charges was COMPLETELY misrepresented to the jury as a FELONY when it was actually the verbiage of a MISDEMEANOR!
This could potentially lead to a mistrial of the whole case! pic.twitter.com/ZxpOMJQFUq
— CannCon (@canncon) January 15, 2026
Additionally, The Gateway Pundit reported that Judge Matthew Barrett restricted Peters from making certain arguments and presenting evidence to refute the charges levied against her.
“When it comes to a defendant’s Constitutional Right to present a complete defense, does a trial court have the ability to curtail that in the interest of not letting the sideshow overcome the circus? Don’t they have a Constitutional Right to present a complete defense? And the only restriction on that I think is out there is that means the Court can prevent cumulative or irrelevant evidence, but I cannot curtail the presentation of relevant evidence,” Judge Tow inquired.
Tina Peters Appeals Clip:
Judge Matthew Barrett SEVERELY restricted Tina Peters from making any sort of defense against some of the charges levied against her.
You MUST hear the State’s ABSURD justification for WHY the judge didn’t allow the evidence to be presented!!!
It’s… pic.twitter.com/KegANYFJey
— CannCon (@canncon) January 15, 2026
Lastly, the panel of judges took issue with the district court judge’s remarks before sentencing.
Tina Peters Appeals Clip:
Judge Matthew Barrett’s remarks before sentencing were CRUEL, DISPARAGING, HUMILIATING, and DOWNRIGHT AWFUL.
And he invoked claims and beliefs OF HIS OWN that Tina Peters was NOT allowed to present in her trial!!! pic.twitter.com/kKBj4y4Lcr
— CannCon (@canncon) January 15, 2026
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