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Federal Judge Rejects Tina Peters’ Bid for Release During State Appeal

The judge said only Colorado’s appeals court can act on her First Amendment claims at this stage.

Overview

  • Chief Magistrate Judge Scott Varholak ruled he lacks authority to release the former Mesa County clerk while her state appeal is pending.
  • Varholak noted that Peters raises significant questions about whether her sentence was influenced by protected speech, which the Colorado Court of Appeals is reviewing.
  • Peters remains in a southern Colorado state prison serving a nine-year sentence imposed after her 2024 conviction for election-related offenses.
  • Two weeks earlier, Colorado’s Department of Corrections rejected a Federal Bureau of Prisons request to transfer Peters to federal custody, citing state procedures.
  • President Donald Trump and a senior Justice Department official have publicly pressed for her release, and Trump criticized Gov. Jared Polis after the transfer denial.