A recent comment by Gov. Jared Polis about former Mesa County Clerk Tina Peters has her defense attorney nodding in agreement.
In an interview on Thursday with CBS Colorado, Polis called Peters’ prison sentence “harsh,” fueling interest in whether or not the 70-year-old Peters could get clemency.
“She got a sentence that was harsh. It was a nine-year sentence,” Polis told CBS Colorado. “We always look at people’s sentences and when you have people that are elderly, and we’re looking at this across a number of people — people that are in their 70s and 80s in our system — how much of a threat to society are they? And we balance that in a way that makes sure that they can spend their last few years at home.”
Peters received a sentence of a little more than 8 years in the state department of corrections, as well as some months in county jail, for her role in allowing unauthorized access to county voting equipment in 2021.
Her parole date is December 2028, though that date will likely move up based on department of corrections rules that allow for an inmate’s parole date to be moved up based on the department’s “earned time” policy.
In an email, Peters’ attorney, Peter Ticktin, said they have requested a pardon and that he agreed with Polis’ comments.
“Governor Polis is correct. The sentence was harsh. We are thankful that he is looking at this more fairly,” Ticktin said in an email.
Twenty-first Judicial District Attorney Dan Rubinstein said he has discussed the issue with Polis.
“I have met with the governor, and it is my understanding that he has made no decisions and is intending to meet with many others before making a final decision,” Rubinstein said in an email.
The multi-pronged effort to free Peters thus far has included federal appeals, state appeals and a pardon from President Donald Trump that few think holds up to state legal muster. Peters’ attorneys argued that there may be a new reading of the presidential pardon powers which would allow them to be read as applying to state charges as well as federal charges. State attorneys disagree.
Polis has maintained that a request for clemency from Peters would be treated the same as any other. He’s faced pressure from President Donald Trump and others outside of Colorado to release or pardon Peters. At the same time, county clerks within the state have asked the governor to do more to stand up to efforts to assist Peters.
While a pardon would grant Peters full forgiveness for the crimes she was convicted of, Polis could also reduce the sentence through a commutation if he deemed it too harsh. Notably, Polis did that in the case of a truck driver who crashed into traffic on Interstate 70 in 2019, killing four people. In that case, Polis called the 110-year sentence “disproportionate” and commuted the sentence to a decade.
Based on Colorado Department of Corrections policies, it’s unlikely Peters would serve the full sentence at the La Vista Correctional Facility in Pueblo. In addition to parole, nonviolent offenders are eligible for community corrections beginning 19 months prior to their parole eligibility date. Based on Peters’ current parole eligibility date of Dec. 20, 2028, she could qualify for community corrections in the first half of 2027, though that would likely move up as her parole date shifted for earned time.
