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The fifth day of witness examination and evidence presentation in the Trial of Tina Peters concluded shortly before 5PM Wednesday. Peters maintains that her actions were part of her official duties, while the state and local authorities claim she broke the law.
Wednesday was fiery but mostly peaceful. Updates below.
Note: CFP did not cover jury selection and opening statements on July 31.
Court is taking afternoon break. Updates will resume when Court returns. Now expected at 3PM
2:40PM: Discussion about rules and rule making as pertains to the expert witness. After the jury exited, Discussion about rules and rule making as pertains to the expert witness. Judge seems annoyed with the prosecution. "It gets problematic in my mind when...an expert gets on the stand and starts saying 'this is the law' and 'this is the law you have to follow'"... Very concerning for the court.
2:36PM: Court is taking their afternoon break. Return 2:55PM.
2:35PM: Did you go to jail? "Yes" Did you have any visitors? "Tina showed up the day I turned myself in." Did she say anything? "I love you. You have support. Don't say anything." Also testified that Peters gave her an attorney's phone number to help with the bail hearing. Brown was sentenced to 30 days in jail, substantial fines, and probation. Testifying against Tina was a condition of the plea deal.
2:33PM: "I muted the phone and told [Belinda], 'You're not touching that stuff. If you do, you're gonna catch a felony."
2:32PM: Objection overruled. On the phone call, did Sherronna Bishop give you any direction. "Yes, to get the server and get it out of there." Did you? "No because that would be stupid."
2:26PM: Instructed by Tina's attorney, Karen Cook, and by Sherronna Bishop to -- Objection! Counsel approaches.
2:25PM: I was told for the longest time, "Don't say anything, we'll take care of it."
2:24PM: What did the defendant tell you about the investigation? A day or two after she left for the Symposium, Peters called Knisley, Bishop, Brown, and one of Peters' attorneys instructing them to get burner phones because their communications were likely being monitored.
2:22PM: Did you eventually learn that Conan Hays was at the Trusted Build? "Yes."
2:21PM: Sidebar
2:20PM: At what point did you learn that Wood was not being brought in to be her administrative back up? Shortly after the second image, Peters told her that Wood, "Was not going to work out."
2:18PM: At what point did you learn that Jerry Wood was not Jerry Wood? Heard some strange conversations between Hays and Peters, but didn't know for sure until August 2021.
2:16PM: Testified that Tina told her she had mailed "it" -- the device / image -- to someone. She didn't know who.
2:15PM: Did you question why a second image was required? "No, not really."
2:14PM: Testified that Peters was concerned the Trusted Build was going to wipe out files that were required to be retained. When the second image was done, Peters asked Brown to unplug it and bring it to Peters. "We discussed that in order for any backups or any records to be viable or usable, that there has to be a proper chain of custody."
2:12PM: Who was responsible for making those images? "I believe it was Conan." She watched him do the first one and "was told" he started the second one. "I was not there when she requested the second image, but she told me" that she had requested the second image.
2:11PM: The afternoon of the 26th, witness testified that "they were doing a second image."
2:09PM: Peters, Hays, Brown and the rest of the same people from the 25th were present at the 26th. Started at 9AM and Peters was 15-20 minutes late. Hays and Peters arrived together again. Hays just watching and asking questions.
2:08PM: Back to May 25, 2021 and the Trusted Build. Brown arrived at 7:30AM and set up masks and sanitizer for COVID. SecState and Dominion arrived at 8ish. It ran until 5PM. Peters was not there for the whole day. Testified that Peters came and went a lot throughout the day, as did Hays. Brown wasn't paying too much attention to Peters and Hays because she was hands on working with the team on the Trusted Build. Acceptance testing still needed to be done and was done the morning of May 26, 2021. Acceptance testing is a functional test using test ballots.
2:06PM: Pictures weren't clear, but appeared to pictures of the screens taken while the staff was doing the settings. "How did you feel?" Witness testified that she didn't really ask but asked how they ended up on the internet. "The team, or the people, that she had sent the pictures to must have posted them on the internet."
2:04PM: Brown was unaware that pictures were being taken at the Trusted Build until she saw them on Peters' phone. No discussion about the pictures. "Towards the end of July," Peters showed Brown the images directly. "Why was she showing you?" "Peters said, "I don't know what to do. I'm fucked." Witness testified that Tina was shocked that the pictures she had taken were online. Called Brown to her office and told her the details and showed her the pictures.
2:02PM: Peters and Hays arrived together at the Trusted Build. They were late. Peters introduced Hays as Wood. Hays introduced himself as Wood.
2:00PM: Witness testified to having a hands on role during the Trusted Build, and that she had communicated who would be there to SecState. She did not know that Wood was being misrepresented when she communicated with SecState.
1:53PM: Testified that she believed that moment was a violation of the contract with dominion. She was “leery.” She understood he was taking a forensic image because that’s “what Tina had asked for.”
1:51PM: Witness testified that they toured the office, looked at the equipment, and discussed how to do a forensic image. He had the necessary equipment with him and took the image right then, in front of Brown. “This doesn’t sound like a normal onboarding process.” “No.”
1:50PM: Asked to describe the man. Defense stipulated that the man was Conan Hays. Was introduced as Jerry. Introduced himself as Jerry. He accessed secure areas with a badge.
1:48PM: Sunday May 23, 2021, Brown called into the office to show Wood around before the Trusted Build on Tuesday. She was annoyed to come in on Sunday but went in to “Help Tina out. It was something I always did.”
1:47PM: Brown confirmed Wood’s background check with Wenholz and relayed the info to Peters that Wood was cleared.
1:46PM: was the background process consistent with normal process? “I don’t know.”
1:45PM: Would you have expected to interview him? No.
1:44PM: Jerry Wood. Brown met him at a Stand for the Constitution meeting. He was never introduced to her. Testified that Peters told her she was planning to train Wood to be her “back up.” Testified that he was being brought in because he was “a friend of Sherronna bishops.”
1:42PM: What was your response to the presentation? “I’m not a big fan of charts and graphs… I thought it was a bunch of malarkey.”
1:41PM: Following the meeting, staff was told that the meeting with Dr. Frank was mandatory for all staff and they went. Brown was there for an hour, maybe hour and a half.
1:38PM: Testimony about background check process. Wenholz was responsible for background checks.
1:36PM: Meeting was about election security. “Did the defendant discuss opening the tabulation machines?” “She asked if anyone had ever opened the machines. Someone said no. Defendant said ‘can we?’” Witness then left.
1:33PM: Exhibit showing “no camera or recording” in the elections department. Now recounting the meeting in Tina’s office testified to earlier in the proceedings. “Any discussion about bringing outside people into the Trusted Build?” “Yes, from Dr. Frank and Sherronna…they suggested they had a team.” Clarified that the defendant discussed conducting an audit.
1:31PM: Witness testified that the photo was taken during trusted build prep, during the reorganization. Testified that the purpose was to make sure the room would be captured by the cameras.
1:30PM: Prosecution attempts to admit a picture of Peters “looking at the camera.” Defense voir dire, no objections. The evidence is admitted.
1:28PM: Witness testified that the cameras were always on, 24x7, in May 2021 prior to the Trusted Build. She is now being asked about an image from May 17, 2021 where Brown & Peters are both on the image. Testified that they were doing a physical reorganization of the room.
1:25PM: Brown providing her understanding of a Trusted Build. It’s “essentially an update.” May 2021 Trusted Build was the only one that she participated in.
1:23AM: Brown is recounting her reporting structure and duties in Mesa County. She reported to Brandi Bantz. Recounting security protocols of the elections department.
1:13PM: Back on the record. The People call Sandra Brown, former Mesa County Elections Back Office Manager
Court is on Lunch Break. Live updates will return when court is back in session.
12:04PM: Knisley dismissed and released from subpoena. The Court is breaking for lunch. Jury exits.
12:03PM: One of the questions cannot be read but the judge assures the juror that his answer will be in the jury instructions. Appropriate questions from the Jury, (1) "Why would you listen to or take direction from Ms. Bishop?" "I did not." (2) "Why was Ms. Bishop involved in a meeting of the Clerk staff?" "I don't know." "Was Ms. Bishop always involved in your office?" "No."
11:54AM: Question withdrawn. Prosecution completes. Now taking questions from the jury.
11:52AM: How long was the defendant gone (after the Symposium)? Defense objection on relevance. Counsel approaches.
11:51AM: Knisley confirmed that she took the badge and facilitated the cameras being off. She also testified that after the Trusted Build, Peters told her "that she (Peters) was going to jail." Sheronna Bishop directed Ms. Knisley to remove information from the conference room. Knisley did not comply.
11:48AM: Defense passes the witness. Redirect by Prosecutor Drake.
11:47AM: Defense Counsel requests sidebar. Counsel approaches.
11:46AM: Local, State and Federal prosecutors were in the room with Ms. Knisley -- around 8 prosecutors were with Ms. Knisley. Recounting who was in the initial interviews. Confirmed: Mesa DA, CO AG, DOJ.
11:44AM: Defense Counsel quickly confers with colleagues. Now asking about Peters' intent on the video being published. She was caught off guard and upset when she learned the video and passwords had been published. "I'm Fucked," was not related to anything but the video being released. Objection! Overruled. "Correct, that's my understanding."
11:41AM: Counsel is now asking about Knisley's initial interviews with investigators. Knisley confirms that she cooperated in hopes of not being prosecuted. She was prosecuted and reached a plea agreement with the government; Knisley pled guilty to three misdemeanors -- trespass, violation of a duty, and an added count of official misconduct -- and, as a result of the guilty pleas, she was sentenced with two years of unsupervised probations, community service, fines. No jail time other than her initial arrest.
11:36AM: Objection on relevance is sustained.
10:32AM: Objections over exhibits on lack of foundation. Sustained. Defense counsel is now laying foundation and moving to admit again. Objection on completeness and relevance. Counsel approaches.
11:29AM: Correction - she clarified that she DID NOT know or recognize anyone from Dominion or SecState's office. It was Mesa IT, the investigators, and County Commissioners.
11:27AM: Knisley testifying to the images that she took of the SecState and Dominion in the room without Clerk Office members present, and a photo that shows they covered the windows with paper so no one could observe.
11:25AM: Knisley has no personal knowledge of a plan to use Mr. Wood's credentials for another person. "Wasn't aware of it at all."
11:20AM: Knisley was not present for any of the imaging. She was in the hospital in Utah. No background on what Peters meant by "I'm fucked."
11:18AM: Defense Counsel is exploring Ms. Knisley's testimony that Tina told her, "I'm fucked," while they were privately, just the two of them, in the Clerk's office.
11:16AM: Belinda Knisley, former Mesa Deputy Clerk, is back on the stand. The defense resumes cross examination.
11:15AM: The jury has entered the courtroom.
11:14AM: Court says members of the gallery were speaking comments that the jury heard but the court and parties did not. Court pointed to the Prosecution side of the courtroom. Court reminds the gallery that there is zero tolerance for outbursts.
11:12AM: Question about Gerald Wood needing to return. Court says he does not have the authority to produce Mr. Wood without a Defense subpoena since the People released Mr. Wood from their subpoena.
11:10AM: Judge: Defendant has a right to present a defense but those rights are not unlimited. Not much case law in CO but good guidance from Federal Court. Defendant must show that the testimony will be relevant. Court is citing case law where subpoenas were quashed because the court deemed the testimony irrelevant. Here, the Court has heard an offer of proof, ex parte, from the defense. The witness was not present during the alleged conduct, and the witness became aware of the conduct from the video when everyone else did. He had communication with law enforcement, including some under seal. Judge recounts the offer of proof and the witness's interaction with the Secretary of State, and the Court determines it is irrelevant. The Court recounts the witness's involvement in the drafting of public statements -- hearsay and irrelevant. Might be relevant if he was a witness with personal knowledge about the defense, but he doesn't. "Doesn't matter if the witness made false statements to Mr. Cannon." Closer call: Frontera was the impetus of the investigation against Ms. Peters, not the SecState as Mr. Cannon previously testified to... the Court says "So, what?" Question should be asked of Mr. Cannon, and the matter has "limited probative value for the jury." To the extent that has some value, the probative value is outweighed by the undue prejudice. Court recounting all the things that Peters is not on trial for -- making the video, leaking the video, touching the machines, etc. The Motion to Quash the subpoena of Frontera is granted.
11:00AM: Back on the record. Judge speaking to the motion to quash the subpoena of Michael Frontera.
10:44AM: Cameras are back on, the Judge and Attorney Case are not seated.
Court is on beak due to ex parte with Attorney Case. Updates will return when Court resumes.
10:15AM: Case: "The Court is going to discover...that their entire case is build on lies." The Court admonishes Case, and called ex parte. The Cameras are now off.
10:10AM: Prosecution has stated that Frontera will fight his subpoena all the way to the Supreme Court. John Case made a proffer to the Court, and the Court offered an ex parte discussion on further evidence. Case is now recounting the service process of the subpoena to date.
10:00AM: Prosecution is arguing to quash the subpoena against Michael Frontera, Dominion Legal Counsel.
9:55AM: The cameras are on and the parties appear to be assembling.
Live updates will return when court resumes in the morning. Expected 9:45AM MT.
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