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It's Day 3 of witness examination and the presentation of evidence, and Colorado Free Press is back in the courtroom with live updates. Peters maintains that her actions were part of her official duties, while the state and local authorities claim she broke the law.
If you're just catching up, see live updates from August 1 (Day 1) here and August 2 (Day 2) here. Updates from today are below.
Note: CFP did not cover jury selection and opening statements on July 31. Day 1, 2, etc. indicators refer to our coverage.
Court will return at 9AM
4:24PM: After the jury leaves, the Court asked the People when they were expected to wrap up. They replied "at least two more full days of witness testimony.
4:20PM: Question from the jury on how to know who took the video during the Trusted Build. Judge replies that the parties stipulated that Peters took the video so that fact is not in question.
3:50PM: Danny Casias, Senior Voting Systems Specialist for the Colorado Secretary of State's Office returns for cross examination.
3:49PM: The Court recalls the jury into the courtroom. Redirect.
3:45PM: The argument that "she is right and, because she is right, she was justified," is determined to be improper by the Court, because Peters did not have access to the information in question at the time of her conduct. The Court will not allow this to be a part of Peters' defense. The judge also denied the ability of the defense to bring a "choice of evils" defense. The Court finds the evidence, "irrelevant, misleading, confusing, and a waste of time."
3:40PM: The Defense was given a remarkably robust opportunity to make the case for why this evidence should be let in. The Court finds this evidence as attempting to suggest that Peters can engage in "means of deceit to investigate crimes." The Court finds the argument unconvincing, and stated concerns that the evidence would be confusing and misleading if allowed in front of a jury.
3:36PM: From the Court: The Defendant seeks to admit evidence that the voting machines produced by Dominion were, on the one hand able to be connected to the internet; two, that the Secretary of State was engaged in some type of felonious conduct by failing to preserve voting records; and, three, that [Peters] was engaged with a government agent in Mr. Hayes, and that this taken together justified her actions of bringing Mr. Hayes into the Trusted Build. Peters seeks to admit this evidence as it pertains to her intent.
3:35PM: Court returns, and the discussion about the admissibility of Mr. Hayes continues. The jury has not yet returned. The court is reviewing case law on the matter.
Updates will resume when the court returns.
2:47PM: Offer of proof continues for to allow the testimony of Conan Hayes.
2:35PM: A pause in the proceeding leads to the Court dismissing the jury for the afternoon break. Defense Counsel Hartman is making an offer of proof as to the record of Mr. Hayes. Hartman is arguing violations of 1512(c) by the Trusted Build, (as was recently adjudicated by the Supreme Court in Fischer).
2:23PM: Casias is testifying to the physical description of Gerald Wood in attendance at the Trusted Build.
2:21PM: Objection as to hearsay on Exhibit 61 is also sustained.
2:18PM: Witness testified that Tina Peters, Sandra Brown, and Gerald Wood were expected to attend the Trusted Build. Defense objects again, and counsel approaches as the Prosecution attempts to admit Exhibit 61.
2:16PM: After a lengthy discussion, the Court sustained the Defense objection to Exhibit 60.
2:14PM: Another sidebar, after request by the defense.
2:10PM: Danny Casias, Senior Voting Systems Specialist for the Colorado Secretary of State's Office is on the stand under direct examination. Jesse Romero, who testified last week, is Casias' boss.
1:57PM: Sidebar
1:56PM: Jones narrowed down Vargas testimony to his personal knowledge, and the witness confirmed that he has no personal knowledge. He confirmed he only knows what is on the access log, he was not present for the activity, and the access log only reflects swipes.
1:50PM: Cross examination by Defense Counsel Amy Jones.
1:49PM: Prosecution finishes direct examination of Mr. Vargas. Cross examination is underway.
1:38PM: Vargas testified to standards and processes for badge access to Mesa County facilities. He further testified to "Jerry Wood" being on the access logs during key dates in May 2021.
1:31PM: Federico Vargas sworn in as witness. Vargas is the Facilities Manager for Mesa County.
1:30PM: Jury enters.
1:28PM: Court returns. The judge amended the media order to prohibit the cameraman from showing the next witness' face.
Updates will resume when court returns, expected at 1:30PM
12:14PM: Jury dismissed. Court is in recess for lunch.
12:09PM: Question from the Jury: "Why didn't you check Jerry Wood's ID?" Witness responded that there was a presumption of trust.
12:07PM: Cross examination concluded, redirect happening now.
11:58AM: Defense Counsel Mr. Hartman cross examines David Underwood about the specifics of his knowledge and, importantly, his knowledge of Tina Peters' actions and intentions.
11:43AM: Underwood testified that Peters told him Gerald Wood was "from the State." Cross examination of Underwood is happening now.
11:23AM: The People call David Underwood, Mesa County IT Lead Support Specialist
11:21AM: Brief redirect by the Prosecution. No questions from the jury. Wetzel is released.
11:18AM: Cross examination of Andrew Wetzel, Mesa County IT, by Defense Counsel Ms. Jones.
11:17AM: Wetzel testified about the series of events surrounding the cameras being turned off in Mesa County in May 2021.
10:55AM: Court is back in session, and the Prosecution calls Andrew Wetzel, Mesa County IT Department.
Updates will resume when court returns.
10:30AM: Ms. Wenholz's redirect concluded, and she was dismissed as a witness and released from subpoena. The Court will take its morning break.
10:27AM: Cross examination concluded. Redirect underway.
10:15AM: Wenholz confirmed that it was NOT a crime for the public to attend the Trusted Build. Heated exchange with defense attorney Case. Violations of best practices and covid policies are not criminal violations.
10:06AM: Defense plays portion of meeting audio where Brandi Bantz states, "This actually makes sense," referring to Dr. Frank's presentation. Ms. Wenholz had just testified that Dr. Frank's presentation "didn't make sense," and that "he couldn't explain his data." Wenholz confirmed that Bantz said "This actually makes sense" on the recording.
10:05AM: Ms. Wenholz asserts the necessity of signature verification as the only check to ensure mail-in ballots are from eligible voters.
10:03AM: Wenholz confirms policy of transparency in Mesa Clerk's Office. Also confirmed that the meetings discussed in the Clerk's Office were not done in secrecy.
9:47AM: Cross examination of Stephanie Wenholz begins by Mr. John Case.
9:40AM: When asked about the day the Secretary of State's press release, Wenholz started crying on the stand. She said her emotional reaction was in response to being investigated in her role.
9:40AM: Ms. Wenholz testifying about the video played on Friday, breaking down voices and who said what. Also testified that she was told Gerald Wood "wasn't working out." Finally, she testified that her expectation was that the surveillance cameras were on.
9:05AM: Jury enters. The Prosecution continues the direct examination of Ms. Stephanie Wenholz.
9:01AM: Mr. Case for the Defense is making a case to get a new witness on county ownership of election equipment, and claims the witness will impeach witnesses for the Prosecution. The judge seems skeptical of the relevance of the witness. "Why does that collateral issue become relevant?" Mr. Case will be filing a written response.
9:00AM: Court is back in session, and begins with the Prosecution declaring that they received new information over the weekend and have disclosed it to the Defense.
Live updates will resume when court is in session.
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