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The much anticipated trial of Tina Peters is underway in Mesa County. Jury selection and opening statements took place Wednesday, and the examination of witnesses began Thursday morning. A long day, with many sidebars, the prosecution got through Mesa County DA's Office Chief Investigator James Cannon and Colorado Secretary of State Voting Systems Manager Jesse Romero before the proceedings ended for the day.
Peters is charged with attempting to influence a public servant, conspiracy to commit criminal impersonation, identity theft, first degree official misconduct, violation of duty and failure to comply with requirements of the Secretary of State, for her efforts in 2021 to preserve election records and system log files of the 2020 election in Mesa County.
Peters maintains that her actions were part of her official duties, while the state and local authorities claim she broke the law.
Live updates from the first day of witness testimony are memorialized below.
If you missed it, catch up below!
Live updates will resume tomorrow, August 2, 2024
4:58PM: Prosecution withdraws the question. No further questions. Does the Jury have questions for the witness? Counsel asked to approach.
4:54PM: Counsel is still in sidebar.
4:46PM: Romero asked about other counties wanting to make images, he starts to answer in the affirmative but an objection halts the testimony. Yet another sidebar.
4:42PM: Redirect of Jesse Romero. And we're in another sidebar.
4:15PM: Defense Counsel: "You don't know this rule?" Jesse Romero: "I have a person on my team that specializes in rules." Romero also testified that only members of the elections department were allowed to be present due to "Covid Policy." In other words, Peters having unauthorized people present at the trusted build was a violation of Covid Policy - not the law.
4:05PM: Another extended sidebar.
4:02PM: Establishing who is the customer of Dominion and who had the statutory authority in 2021.
3:36PM: Extended sidebar about admissibility of video. Video will not be shown.
3:30PM: Jesse Romero, Colorado Secretary of State Voting Systems Manager, is being cross examined by Defense counsel. Questions begin about video with CodemonkeyZ.
3:28PM: Jury returns to the courtroom.
3:27PM: Court is back on the record.
Updates will resume when court returns.
3:03PM: Court taking afternoon break. Off the record so that the judge can speak to a juror. Note: Sources in the courtroom report that the discuss with the juror in question is that the juror knows one of the witnesses, is a customer of a witness; maintains that they can remain impartial. Allowed to remain on the jury.
3:02PM: Romero testifies that he learned after the fact that Jerry Wood was not a legitimate Mesa County elections employee or contractor, and speculated that he would have escalated the issue had he known. Testified that if that had happened, the Trusted Build would not have occurred.
2:29PM: Romero got "sick to [his] stomach," because the passwords were "the most recent passwords from Mesa County's most recent trusted build."
2:56PM: Romero testifying about learning about Tina's actions from an article posted on the Gateway Pundit. Romero saw images of the Election Management System and spreadsheets that were familiar to him, and other information in this article. "Only my team has access" to this information, Mr. Romero testified.
2:53PM: Line of questioning about the trusted build, who was involved, Jerry Wood, and more.
2:36PM: Romero testifies that the cameras were not required to be on at the time they were not on. The General Assembly changed the law since, and now cameras are required to be on 24x7.
2:26PM: Line of questioning about the "Trusted Build." (Related)
2:18PM: Jesse Romero, Colorado Secretary of State Voting Systems Manager, sworn in as witness. Oversees Election Systems. Oversees Risk Limiting Audit, Election Night Reporting. Assists counties in voting systems.
2:15PM: Mr. Cannon is dismissed. The People call Jesse Romero from SecState Office. Judge asks Counsel to approach.
2:12PM: Court declines to take judicial notice at this time.
2:08PM: Defense passes the witness. Prosecution redirects. Prosecution is asking the Court to take judicial notice of law signed June 2022. Tina's actions were in 2021, and the law was passed to make her actions a crime. That is, taking the image was not a crime in 2021. Court asks counsel to approach. This could be prejudicial to the jury.
2:07PM: Cannon testifies that information found on Tina's desk (while Tina was out of state) proves that she was aware of the information.
2:05PM: Questions about access log queries. Establishing that Tina would have needed support from Mr. Vargas to be able to pull the reports. Cannon testifies he doesn't know if Tina had access, but he as the investigator would not be able to access without Mr. Vargas.
2:00PM: Cannon is asked to cite the criminal statute, and he says "computer crimes" statute. When asked specifically, he says he was a peace officer for a couple decades and he knows crime. Still no mention of a specific statute.
1:55PM: Arguing relevance of Tina Peters being a public official and implications of that detail. Counsel called to sidebar.
1:50PM: Cannon testifies that he did not compare the password from the internet to the password he observed in his investigation, and that he doesn't know if it is the same password. Does not recall seeing the keys during the course of his investigation.
1:49PM: Line of questioning about whether or not it is a crime to use other people's credentials. Cannon testifies that it depends on the circumstances. Now discussing Tina's demeanor on the audio recording from direct examination.
1:37PM: Court is back in session, James Cannon cross examination resumes.
Updates will resume when court returns.
12:09PM: Court is in recess.
12:04PM: Defense counsel making a motion to preserve the record of evidentiary objections. Arguing that information withheld in earlier sustained objections needs to be presented to the jury. Judge saying videos, etc. not being crimes is irrelevant as it's evidence not charges. Judge says no one is arguing that these things are illegal, and defense will have time to clarify and add context. Now defense is asking about search warrants, judge dismisses the questions and adjourns to 1:35PM.
12:02PM: Court breaking for lunch and will return at 1:35PM MT. Jury exits. Attorneys making motions to the court before breaking for lunch.
11:59AM: Is it a crime that the camera was off? Witness testifies that it was part of the crimes, but not an explicit crime in the indictment. Defense attempting to establish that the cameras were off and videos were retained in accordance with existing Mesa County Clerk & Recorder Office policy.
11:58AM: Objections on relevance and requires expert opinion. Sustained.
11:55AM: Defense is questioning about leaked passwords and "altered videos online." Cannon testifies that the video was recorded by Ms. Peters and that it "must have" been given to CodemonkeyZ from Ms. Peters because "it was on her personal device."
11:53AM: Was taking the image a crime? Objection! Overruled. Witness testifies that it was the manner in which she took the image that could be considered a violation. Defense exploring what is meant by "violation."
11:51AM: Defense asserted that "Making of the video is not illegal." Cannon confirms that is what he heard. Objection from Prosecution, judge rules this is irrelevant questioning and instructs the jury to disregard. A few questions later, another objection. Overruled, questions allowed.
11:45AM: Cannon testifies that, at the time he began investigating August 9, 2021, that he and Peters were on a first name basis and worked closely together on investigation. Defense counsel appears to be attempting to establish a politically-motivated investigation conceived from the Secretary of State's Office.
11:42AM: Cross examination of James Cannon. Defense attempts to question the witness about recent communications, and Prosecution objects. Judge sustains objection. Defense counsel now attempting to establish that Cannon was promoted as a result of this case and that he has a stake in the outcome.
11:38AM: Judge calls counsel to sidebar.
11:32AM: Cannon testifies that expenses related to Mr. Hays were recorded by the Clerk's Office. Kelly Bryant is a witness related to this expense and is expected to testify.
11:30AM: Cannon testifies that the week of August 17, 2021 he identified Conan Hays.
11:26AM: Cannon testifies that an employee Ms. Windholz called him "sobbing" and concerned for her safety. This occurred on August 13, 2021. Cannon also interviewed Brandi Bantz this day. Both witnesses are expected to testify during the trial.
11:23AM: Cannon testifies that Jerry Wood was on the access log and on the list of who was at the trusted build, but that he was not at the trusted build. The witness also testified that this elevated Mr. Wood in the investigation as a suspect.
11:18AM: Audio of recorded call centers on the details of Peters taking the image, and reveals the state was attempting to determine who "leaked passwords" in August 2021. Notably, Peters is not explicitly charged with leaking passwords.
11:08AM: Prosecution is playing recording of Cannon's initial call with Tina Peters for the jury.
11:03AM: Cannon testifies about the witnesses he examined, including Belinda Knisley and Tina Peters.
10:59AM: Cannon walking through exhibits. “CodemonkeyZ”, “BIOS Passwords”, “Lindell” and other notes were found handwritten on Peters’ desk. Access logs were also found.
10:57AM: Exhibit confusion — seems exhibits were being shown to the jury before they were admitted. Defense counsel stipulated to the exhibits and Prosecution moved to admit. The exhibits are admitted.
10:43AM: Cannon has testified about the inception of his investigation, his methods, and his findings. The prosecution is now playing Cannon's video for the jury.
10:22AM: They jury has entered, and Mesa County DA's Office Chief Investigator James Cannon has taken the stand.
10:12AM: Judge has returned. Court is back on the record. Defense attorneys ask indulgence to review statutory authorities. Judge permits brief oral arguments.
9:58AM: Court in recess while judge reviews evidence from late last night.
9:45AM: Discussion about including Conan Hays' witness testimony. Judge denied Mr. Hays inclusion as irrelevant.
9:51AM: Missing juror delays getting underway. Jury has not entered yet.
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Can Tina Peters get a fair trial or is this another kangaroo court like in NYC where charges were fraudulent & the Judge will make sure that the jury decides what he wants by his instructions? Tina Peters was just trying to do her job.