'You're a charlatan': Judge sentences defiant Tina Peters to 9 years | Full video
What this covers
On Thursday, Judge Matthew Barrett sentenced a defiant Tina Peters to 9 years behind bars on multiple charges – including felonies – for a data-breach plot amid false claims of voting machine fraud during the 2020 presidential election. “You are no hero. You abused your position – and you’re a charlatan who used, and is still using your prior position to peddle a snake oil that’s been proven to be junk time and time again,” said Judge Barrett. “Your lies are well-documented and these convictions are serious. I’m convinced you’d do it all over again if you could.” Judge Barrett added: “You’re as defiant as a defendant as this court has ever seen.”
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A judge delivers a sentencing decision in a criminal case involving election integrity violations, rejecting the defendant's appeals and imposing a 9-year incarceration sentence while explaining the seriousness of abusing a position of public trust to undermine democratic processes.
- The defendant abused a clerk and recorder position to promote election fraud claims despite their being proven false
- Undermining election integrity and public trust in institutions causes damage comparable to physical violence
- The defendant's defiance, privilege, and continued promotion of falsehoods after conviction demonstrate the need for significant punishment
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The damage caused by undermining election integrity and public trust in institutions through lies from a person of influence is just as bad if not worse than physical violence that courts see regularly.
“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”
The defendant's Brady violation motion was denied because the information about the Clerk and Recorder office incident was known to the defense or could have been discovered, and any exculpatory value was minimal and would not undermine confidence in the verdict.
“the motion could have been filed weeks ago uh to uh the information generally was known to the defense prior to trial perhaps not the specifics but enough to have at least U mustered some questioning of witnesses at trial and three uh that a Brady violation uh is one that generally uh involves almost exclusively involves the uh withholding of exculpatory evidence uh that may be used by uh the defendant in a case”
The echo chamber problem—where people believe what they hear and think cannot possibly be wrong—consumes many people in the country regardless of race, gender, or political affiliation.
“this thought process unfortunately seems to consume so many in our country regardless of race gender political affiliation or the like that what it is we hear and think can't possibly be wrong”
On June 25th, the defendant visited the Clerk and Records office location with at least one camera person, apparently to vote, and had conversations with election officials from the clerk and recorder's office that she was not allowed to have, violating a protection order.
“the argument is that back on I believe June 25th Miss Peters uh went to the uh Clerk and Records uh not office but uh where The Ballot Box is located some distance I don't know if it's 100 feet or not away from the uh actual physical office she went there with at least one camera person it looks like maybe someone else was also there with her uh apparently she was Voting um she had some conversations uh according to the affidavit that's been drafted for her arrest in that case uh with election uh officials who would be uh employees of the clerk and recorder's office uh which she was not allowed to have conversations with”
The defendant's constitutional position as clerk and recorder does not provide her with the power to conduct her own investigation, ignore the judiciary, ignore executive officials, or ignore legislative law—the system of government cannot function when people think their power is absolute.
“your position as a clerk and recorder a constitutional position does not does not in provide you with a means by which to do your own investigation to not listen to the Judiciary to not listen listen to the executives higher than you to not listen to the legislature who sets the law as it may be this is nonsense our system of government can't function when people in government think that somehow some way the power they've been given is absolute in all respects”
The defendant's explanation about kicking an officer is preposterous and on video, and she has lied to officers multiple times in recorded conversations, yet no objective person believes her explanations.
“you have no problem trying to kick an officer your explanation about what happened is preposterous it's on video you have no problem lying to officers it's happened multiple times they're record recorded conversations it's just more lies no objective person believes them”
A stay of the sentence would be wholly unwarranted because the judge has considered all sentencing purposes and made careful decisions after much internal debate, trusting they accord with applicable law.
“I'll begin by saying I've considered all of those purposes of a staying of an execution of a sentence I've mentioned of them here generally in my comments already and I find that a stay of any sentence I impose would be wholly unwarranted all cases have a possibility of reversal on appeal no doubt I'm at peace with all the decisions I've made here if anything I gave you and your Council far too much leeway at times but the rulings I made came after much consideration incredible amounts of internal debate and I trust in accordance with the applicable law”
The defendant used their position as clerk and recorder to abuse power and promote snake oil election fraud claims that have been proven to be junk time and time again.
“you are no hero you abused your position and you're a charlatan who used and is still using your prior position in office to Pedal a snake oil that's been proven to be junk time and time again”
The defendant's lies are well documented and the convictions are serious.
“after your lies are well documented and these convictions are serious”
Peters lived in an ideological echo chamber where she and her supporters reinforced each other's belief in election fraud claims, preventing her from receiving corrective information or outside perspective.
“it was a belief that the echo chamber in which you live could be wrong among other things that led you to do what you did here this thought process unfortunately seems to consume so many in our country regardless of race gender political affiliation or the like that what it is we hear and think can't possibly be wrong”
The prosecution requested discovery of the arrest warrant information from the police department, which was initially denied on the grounds that the investigation was ongoing, and the DA said it would be provided later when received.
“the defense made some requests for that information uh once through the police department uh it was denied according to the defendant uh because it was an ongoing investigation the da said that they didn't have anything if I'm not mistaken but that they would turn it over later when they got it they didn't do so looks like the warrant was drafted well after the trial occurred”
In comparison to other defendants, the defendant is highly privileged: others don't have four lawyers, don't have assistant teams, don't get private jet rides across the country, and have suffered immeasurable trauma, substance abuse, mental health struggles, and family loss.
“but in real realityy for those of you who may have been here earlier this morning and seeing some of the folks who've occupied that chair before Miss Peters there could be not much in the way of a comparison in terms of the type of sympathy one would extend to miss Peters those folks didn't have four lawyers representing them they didn't have a team of assistants helping them they're not getting rides in private jets all over the country the people who sit in that chair suffer generally speaking immeasurable trauma in life struggle mightily with alcohol abuse substance abuse mental health struggles family loss that come from broken homes”
The defendant cared about jets, podcasts, and people fawning over her, and abdicated her position as a servant to the Constitution while choosing herself over all else.
“at the end of the day you cared about the Jets the podcast and the people fing overview you abdicated your position as a servant to the Constitution and you chose you over all else”
When false claims about elections are repeatedly refuted, they are simply recycled and repackaged, creating an escalating cycle of misinformation that becomes harder to counter.
“every time it gets refuted every time it shown to be false just another tail is weaved”
The defendant's age, limited criminal history, and ties to the community are mitigating factors, but her reputation is poor because of her conduct.
“your age limited criminal history and the like are certainly somewhat mitigating your ties to the community are what they are but your reputation at this point is poor because of what you've done here”
The defendant is convinced she would do it all over again if she could, and she is as defiant a defendant as this court has ever seen.
“after your lies are well documented and these convictions are serious I'm convinced you would do it all over again if you could you're as defiant as a defendant as this court has ever seen”
The defendant has no mental health concerns and no good reason for her crimes other than active decisions she made that cost the county significantly and cost her fellow county employees greatly.
“I mentioned before there are no mental health concerns there's no good reason why you're here miss Peters other than these are all the active decisions that you made that cost our County significantly but also more importantly cost you greatly Mr wood all the members of the county who worked uh and trusted you when you asked them to do things that they did on your behalf”
The reasons the misdemeanor sentences are consecutive is because they are directly related to the harm the defendant caused to the community and the breach of oath to the electorate in Mesa County.
“the reason those sentences are consecutive is because those sentences are as the prosecution stated directly related to what it is that you did here in our community the damage you caused this community the breach of your oath to the electorate in Mesa County”
Exercise of the right to jury trial and challenging the prosecution cannot and should not be used to justify additional punishment for going to trial.
“that doesn't mean that a defendant has to take responsibility to the contrary Miss Peters has exercised her right to a jury trial she's exercised her right to hold the people to their birth and such cannot and will not be used by this court as uh a means by which or justification by which to punish her”
Peters' claim that she did not want or crave public attention is false; her entire pattern of behavior—gathering camera crews, maintaining social media presence, running for higher office—shows she actively seeks attention and influence.
“to be sure there's no doubt in my mind that that is exactly what you wanted and it defies all sense of common sense to believe when you suggested to me a few moments ago that you didn't want this attention no you you crave it ma'am and there is no one in this courtroom who would consider that to be anything other than the absolute truth”
General deterrence requires that sentences deter others generally from engaging in similar conduct, while specific deterrence requires that the sentence deter the particular defendant from reoffending.
“I consider deterrence uh in sentencing that is both General and specific that the sentence I impose must deter Miss Peters from engaging similar conduct in the future but it also must deter uh others uh generally from engaging in this type of conduct”
Protection orders against the defendant will remain in place during the life of the sentence, with conditions 6 and 5 being vacated.
“the protection orders uh will remain in place during the life of this sentence conditions 6 and S are vacated”
Time served in the Department of Corrections will likely be reduced through good time and earned time credits, with prisoners able to earn earlier release through programming and good behavior.
“if you are ever sentenced uh or today sentenced to the Department of Corrections then I'm required to inform you that the time I actually impose uh or that may be imposed is not uh the uh amount of time you are likely to serve it can be and very likely will be reduced by your recru of good time and earn time credits within the department meaning uh that the better you do in prison uh the more programming you take advantage of the sooner you'll be released”
The defendant was convicted on counts 1, 2, 4, 6, 8, 9, and 10, with fines imposed: $2,000 for counts 1, 2, 4, and 6; maximum fine for count 8; $1,000 for counts 9 and 10.
“I'll enter Judgment of conviction uh consistent with the jury's verdicts as to counts 1 2 4 6 8 9 and 10 as it relates uh to fines fees and costs a $2,000 fine will be ordered as to counts one 2 4 6 as to counts 8 n I'm sorry 8 the maximum fine will be imposed counts N9 and 10 $1,000 fines will be imposed”
The defendant retained the right to appeal the sentence and convictions within 49 days of the sentencing date.
“you retain the right to ask me to reconsider any sentence I impose under rule 35b you have the right to appeal any sentence I impose uh if you want it and this judgments of conviction if you wish to do that you need to do it within 49 days of today's datee”
Probation is appropriate for people with minimal criminal history and low LSI scores where rehabilitation is the focus, not punishment, but is not appropriate where punishment is necessary due to the seriousness of the crime.
“probation's focus is Rehabilitation that is for folks who have minimal criminal histories low LSI scores like you miss Peters but where uh punishment isn't really on the table it's about putting someone back in the community who's not a risk and giving them a chance to correct those things that brought them before me in the first place”
Community Corrections is more stringent than probation but not prison, and is appropriate for people with higher needs like drug addicts and alcohol abusers.
“Community Corrections which again isn't available but nevertheless I'll mention is another option that I could still order it's much more stringent than probation but it's not prison and it's for folks who have even higher needs again drug addicts alcohol abusers and the like”
Prison is appropriate where people are a danger to the community and punishment is the primary focus due to the significance of the crime committed.
“and prison is for those folks where we say people who are a danger to all of us whether it by be by the pen or the sword or the word of the mouth prison is where folks go where punishment is what we're focused on because the crime committed is so significant that anything less would unduly mitigate the seriousness of the same”
The defendant's sentence will be followed by three years of parole.
“your sentence will be followed by three years of parole”
Peters is entitled to credit for 2 days of pre-sentence confinement time toward her sentence.
“you have two days of PR sentence confinement credit”
Peters did not complete the required clerk certification during her tenure in office.
“you never took your job of clerking particularly seriously you didn't complete the certification one scandal after another followed you in uh your time as the clerk”
A Brady violation requires withholding of exculpatory evidence by the prosecutor; the defense must determine what is exculpatory, not the prosecutor.
“uh that a Brady violation uh is one that generally uh involves almost exclusively involves the uh withholding of exculpatory evidence uh that may be used by uh the defendant in a case uh when looking at such a violation the court looks at that type of evidence with with uh through the lens of a defense attorney not through a prosecutor uh such that uh it's not the prosecutor's [3:06] job to determine what is or isn't exculpatory it's the defendant's job to make those decisions”
The defendant's son served the country admirably and made the ultimate sacrifice, and he honored his oath to the country—something the judge notes is not lost on him in considering the defendant's circumstances.
“when considering the circumstances under which you find yourself here your age limited criminal history and the like are certainly somewhat mitigating your ties to the community are what they are but your reputation at this point is poor because of what you've done here and after your lies are well documented and these convictions are serious I'm convinced you would do it all over again if you could you're as defiant as a defendant as this court has ever seen you don't have those history uh of drug and alcohol abuse there's no lifetime of trauma not even close to the type of mitigating circumstances I would see for many folks who sit in that chair no to the contrary Miss Peters you are a privileged person you are as privileged as they come and you use that privilege to obtain power a following and fame and to be sure there's no doubt in my mind that that is exactly what you wanted and it defies all sense of common sense to believe when you suggested to me a few moments ago that you didn't want this attention no you you crave it ma'am and there is no one in this courtroom who would consider that to be anything other than the absolute truth but to get to the point of what it is that you did here uh it's my impression distinctly that you never took your job of clerking particularly seriously you didn't complete the certification one scandal after another followed you in uh your time as the clerk and ultimately it was a belief that the echo chamber in which you live could be wrong among other things that led you to do what you did here this thought process unfortunately seems to consume so many in our country regardless of race gender political affiliation or the like that what it is we hear and think can't possibly be wrong there are many things in my mind that are crystal clear about this case you are no hero you abused your position and you're a charlatan who used and is still using your prior position in office to Pedal a snake oil that's been proven to be junk time and time again in your world it's all about you but at bottom this case was about your corrupt conduct and how no one is above the law no one in this country has absolute power your position as a clerk and recorder a constitutional position does not does not in provide you with a means by which to do your own investigation to not listen to the Judiciary to not listen listen to the executives higher than you to not listen to the legislature who sets the law as it may be this is nonsense our system of government can't function when people in government think that somehow some way the power they've been given is absolute in all respects and that's where you fell you have no respect for the checks and balances of government you have no respect for this court you have no respect for law enforcement and you do not have respect for your fellow colleagues when you were a clerk and recorder who weren't lockstep in your beliefs period indeed just weeks before trial you were apparently doing what I mentioned earlier that is over at the Clerk and Recorder Office where you're not supposed to be violating the protection order by speaking to employees of that entity with your camera crew in toe you have no qualms with violating uh the Court's orders because you're innocent because you didn't do anything wrong you were just doing your job you have no problem trying to kick an officer your explanation about what happened is preposterous it's on video you have no problem lying to officers it's happened multiple times they're record recorded conversations it's just more lies no objective person believes them no at the end of the day you cared about the Jets the podcast and the people fing overview you abdicated your position as a servant to the Constitution and you chose you over all else yes you are a charlatan and you cannot help but lie as easy it is for you to breathe you betrayed your oath for no one other than you and this is what makes Miss Peter such a danger to our community it's the position she held that has provided her the pulpit from which she can preach these lies the undermining of our Democratic process the undermining of the belief and confidence in our election systems it's not about questioning it no one says you can't question you can't ask it's completely different and if you don't I can say or do here today that will change your mind 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 Public's trust in our institutions has been made by you you've done it from that Lecter uh 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 shown to be false just another tail is weaved so I'll begin by saying I've considered all of those purposes of a staying of an execution of a sentence I've mentioned of them here generally in my comments already and I find that a stay of any sentence I impose would be wholly unwarranted all cases have a possibility of reversal on appeal no doubt I'm at peace with all the decisions I've made here if anything I gave you and your Council far too much leeway at times but the rulings I made came after much consideration incredible amounts of internal debate and I trust in accordance with the applicable law I consider the sentence uh here in this case uh what are available to me probation Community Corrections wasn't requested but uh it wouldn't be an option in any event and an incarcerated of sentence to the Department of Corrections probation's focus is Rehabilitation that is for folks who have minimal criminal histories low LSI scores like you miss Peters but where uh punishment isn't really on the table it's about putting someone back in the community who's not a risk and giving them a chance to correct those things that brought them before me in the first place Community Corrections which again isn't available but nevertheless I'll mention is another option that I could still order it's much more stringent than probation but it's not prison and it's for folks who have even higher needs again drug addicts alcohol abusers and the like and prison is for those folks where we say people who are a danger to all of us whether it by be by the pen or the sword or the word of the mouth prison is where folks go where punishment is what we're focused on because the crime committed is so significant that anything less would unduly mitigate the seriousness of the same I mentioned before there are no mental health concerns there's no good reason why you're here miss Peters other than these are all the active decisions that you made that cost our County significantly but also more importantly cost you greatly Mr wood all the members of the county who worked uh and trusted you when you asked them to do things that they did on your behalf it's part of your lies the expense the toll is immeasurable so putting you on probation when you have zero needs that would be met by probation is the very definition of unduly depreciating the significance of what it is that you've done here the harm that you've caused our community and continue to cause Community Corrections is the same so prison is the only place that duly meets the purposes of sentencing in this matter and therefore the sentence and Judgment of the court is as follows as to counts 1 and four the judgment and sentence of the court is 3 and 1/2 years in the Department of Corrections those sentences will be concurrent to each other as to count two the judgment and sentence of the court is 3 and2 years consecutive to counts 1 and four as it relates to the misdemeanor charges count 8 is 120 days in the Mesa County Detention Facility concurrent to count 9 and 10 which will be 6 months in the Mesa County Detention Facility cons utive to the prison sentence the reason those sentences are consecutive is because those sentences are as the prosecution stated directly related to what it is that you did here in our community the damage you caused this community the breach of your oath to the electorate in Mesa County your sentence will be followed by three years of parole you have two days of PR sentence confinement credit anything I missed anything else we need to address”
A stay of sentence execution is wholly unwarranted in Peters' case because the seriousness of her crimes and danger to the community outweigh any appellate reversal possibility.
“I'll begin by saying I've considered all of those purposes of a staying of an execution of a sentence I've mentioned of them here generally in my comments already and I find that a stay of any sentence I impose would be wholly unwarranted”
The judge gave Peters and her counsel 'far too much leeway at times' during the trial, but all rulings were made after careful consideration, internal debate, and in accordance with applicable law.
“if anything I gave you and your Council far too much leeway at times but the rulings I made came after much consideration incredible amounts of internal debate and I trust in accordance with the applicable law”