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Peters Motion for Bond Pending Appeal is filed, but the actual appeal won't be filed until early next year.
The first step in the appeal process is for the Mesa County District Court to certify the Trial Court Record, which includes all documents filed in the trial court and all transcripts of recorded proceedings. This record is due in the Court of Appeals by January 9, 2025.
Peters cannot file her appeal until the record is certified, but once it is, they can file their appeal at any point through, but not later than, February 20, 2025.
I spoke with Peters' counsel John Case who told me that the core theme of Peters' appeal is reversible error by the trial court. "The court made numerous errors, each of which requires reversal of Tina’s conviction and sentence. When considered as a whole, she was deprived of her Constitutional right to a fair trial," Case said when reached for comment.
If you followed our coverage of the trial here at Colorado Free Press, then you know that is obviously true. In the progression of trial, Judge Matthew Barrett crossed beyond a simple bias against the defense into obvious animosity - in front of the jury. He limited Peters' ability to bring her best possible defense, he allowed the prosecution's allegations to stand as found facts without allowing the defense to examine and dispute those facts, and he severely restricted the evidentiary record.
Worse, Barrett then allowed the prosecution to opine on these false findings of facts in their closing, and the court even cited them himself during sentencing.
Jury convictions are notoriously hard to overturn on appeal, but the one way it usually happens is reversible error by the court. Peters, like all of us, has a right to a fair trial. To those of us observing, this was a show trial, carefully crafted and limited to preserve the narrative of Peters' as a villain rather than a good faith effort to determine the truth of the matter.
Peters is entitled to the latter. The former is soviet-style political persecution.
There are many moments in this trial and decisions by this court that support this avenue for appeal, but when combined and taken as a whole, this looks like manifest injustice. The court of appeals cannot tolerate manifest injustice. At a minimum, Peters is entitled to a new trial in a new jurisdiction.
Peters appellant brief will drop for us to evaluate in late January or early February of 2025, and that is why Peters' Motion for Bond Pending Appeal is so important.
Tina Peters doesn't belong in prison, especially given recent revelations about the inception of her intent.
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