A recent comment from Gov. Jared Polis about former Mesa County Clerk Tina Peters has his defense attorney nodding in agreement.
In an interview with CBS Colorado on Thursday, Polis called Peters’ prison sentence “harsh,” sparking interest in whether or not Peters, 70, could get clemency.
“She got a harsh sentence. It was a nine-year sentence,” Polis told CBS Colorado. “We always look at people’s sentences and when you have elderly people, and we look at that for a number of people – people in their 70s and 80s in our system – to what extent do they pose a threat to society? And we balance that in a way that ensures they can spend their final years at home.”
Peters was sentenced to just over 8 years in prison by the state Department of Corrections, as well as a few months in county jail, for her role in allowing unauthorized access to the county’s 2021 voting materials.
His parole date is December 2028, although that date will likely be brought forward based on Department of Corrections rules that allow an inmate’s parole date to be moved forward based on the department’s “earned time” policy.
In an email, Peters’ attorney, Peter Ticktin, said they had requested a pardon and that he agreed with Polis’ comments.
“Governor Polis is right. The sentence was harsh. We are grateful that he is looking at the issue more fairly,” Ticktin said in an email.
Twenty-first Judicial District Attorney Dan Rubinstein said he discussed the matter with Polis.
“I have met with the governor and my understanding is that he has not made any decisions and intends to meet with many others before making a final decision,” Rubinstein said in an email.
So far, multi-pronged efforts to free Peters have included federal appeals, state appeals and a pardon from President Donald Trump that few say stands up to the state’s legal demands. Peters’ lawyers argued that there could be a new reading of the presidential pardon powers that would allow them to be interpreted as applying to state charges as well as federal charges. State prosecutors disagree.
Polis argued that a clemency request from Peters would be treated the same as any other. He has faced pressure from President Donald Trump and others outside Colorado to release or pardon Peters. At the same time, county clerks across the state have called on the governor to do more to resist efforts to help Peters.
Although 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. Polis notably did so 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 ten years.
Based on Colorado Department of Corrections policies, it is unlikely that Peters will serve his entire sentence at La Vista Correctional Center in Pueblo. In addition to parole, nonviolent offenders are eligible for community corrections beginning 19 months before their parole eligibility date. Based on Peters’ current parole eligibility date of Dec. 20, 2028, she could be eligible for community corrections in the first half of 2027, although that would likely increase as her parole date is shifted for time earned.
