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Tina Peters filed a Federal appeal Friday in the Tenth Circuit, challenging the District of Colorado court’s dismissal of her habeas corpus petition earlier this year. The petition is seeking release on bond while her criminal conviction is being appealed. 

The district court dismissed the petition under the Younger abstention doctrine, concluding that federal courts should not intervene while related state proceedings are ongoing. But Peters argues that abstention is inappropriate because proceedings on the merits of a criminal appeal are separate and distinct from proceedings on bail pending appeal. They further argue that abstention is not appropriate in light of the irreparable injury inflicted by the continuing violation of Peters’ First Amendment rights.

This isn’t a theory. It’s the trial court’s stated reason for her excessive sentence. Judge Matthew Barrett during sentencing:

“[Y]ou are a charlatan and you cannot help but lie as easy as it is for you to breathe. You betrayed your oath for no one other than you. And this is what makes Ms. Peters such a danger to the community. It’s the position she held that has provided her the pulpit from which she can preach those lies, the undermining of our democratic process, the undermining of the belief and confidence in our election system… So the damage that is caused and continue to be caused is just as bad, if not worse, than the physical violence that this court sees on an all too regular basis. And it’s particularly damaging when those words come from someone who holds a position of influence like you. Every effort to undermine the integrity of our elections and the public’s trust in our institutions has been made by you. You’ve done it from the lectern. The voting public provided you with everything you’ve done has been done to retain control influence. The damage is immeasurable. And every time it gets refuted, every time it’s shown to be false, just another tale is weaved… [P]rison is for those folks where we send people who are a danger to all of us, whether it is by the pen or the sword or the word of mouth.”

The brief asks the Tenth Circuit to reverse the district court’s dismissal, grant the habeas petition, and order Peters released on bond while her appeal of the conviction proceeds. It seems reasonable for a 70-year old, non-violent female with real due process issues surrounding her case; as expected, the matter faces very emotional, unipartisan opposition – they’re running around in circles screaming at the sky. It would be hilarious if it weren’t so disturbing. 

Colorado’s criminal justice reform efforts are nationally notorious for letting sex offenders and other violent criminals into Colorado communities. Yet, the despots sitting in seats of power are on board with Peters remaining locked up for almost a decade because her speech is dangerous to their appearance of legitimacy.

They also defend the court’s decision to prohibit Peters from countering the state’s characterization of her intent at trial. That’s egregious, and I wrote about it last week and, on Friday, I discussed the case with George Brauchler – my local District Attorney and an unapologetic big government maxi – on the Peters’ case on local radio with Ryan Schuiling Friday. You can listen to that here, and tune into Culture of Change tonight as Mr. Schuiling is joining Abbey and me to discuss this case, the state of legacy media, and the evolution of storytelling in local and national politics. 

You can read Peters’ Tenth Circuit appellant filing here:

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