The Case of Pardon

Does Tina Peters really deserve a pardon? And other assorted tales

Note: Criminals Like Us is usually about interviewing other criminals but I have no time to find said criminals, and so I am changing the format to this, which emphasizes the reality of criminal situations on people just like you and me. Enjoy.

Republicans call for pausing federal funds to Colorado unless governor pardons Tina Peters

Okay maybe I can’t stay away. But to my credit, the news these days is hard to digest soundly before more news makes you want to proverbially spit out your milk.¹ That leads us to this, which although somewhat bizarre, is not too surprising. TP’s case is fraught with bad decisions, wrong communications, and a sixty-nine year old woman still sitting in jail. But before we get there, how does a pardon even happen? What about commutation of the sentence? Are there grounds to do that with Tina? Luckily I have perused some documents about the trial and can give you, at least from my lowly pedigree, my opinion on the matter. Let’s get to it.

Show Me The Money

The feds gave Colorado a whopping $18.4 billion in 2022, and historically, this is how the federal government gets states to cooperate with federal agendas and otherwise. This is only one fifth of Colorado’s revenue for the fiscal year, and Colorado typically receives less money from the feds than other states. So insofar as Colorado being dependent on the feds? Not the worst of the states by any means. But the damage done to private sector NGOs and etc, that could drive business from Colorado.²

Let’s remember, in the build up to this Tina Peters’s case, there was already distrust in government voting systems via the 2020 elections.³ Whether this is reasonable or not does not matter here; rather, we need to try to glean Peter’s own intent from her actions taken on behalf of those who distrust the government. If they turn out to be more self-serving rather than for the benefit of the people she represents, then we can’t necessarily say a pardon works here. This won’t be easy, but apparently we are getting some help from the Justice Dept:

Yaakov Roth, an acting assistant attorney general, wrote in a court filing on Monday (March 3rd) that the Department of Justice was “reviewing cases across the nation for abuses of the criminal justice process”, including Peters’.

“This review will include an evaluation of the state of Colorado’s prosecution of Ms Peters and, in particular, whether the case was ‘oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives’,” Roth wrote, echoing the language in a Trump executive order on “Ending the Weaponization of the Federal Government”

MSNBC

Also, in the end, Colorado is already having funding cut because of it being a sanctuary state - so isn’t this threat to cut funding again really just a fool’s errand for a yet another elusive financial carrot? Trump already pardoned the J6ers pretty openly, and has issued and executive order as stated by Roth above. But also, Polis can never run as a Dem again if he gives in to Trump on this without it looking like a “win” or moral victory.⁴ Either way, this could turn out to get Tina a commutation of her sentence, at least, practicallypolitically speaking. Tina is a ticking time bomb, and not for the reasons you think.

PracticalPolticalPardon

What is tolerance? It is the consequence of humanity. We are all formed of frailty and error; let us pardon reciprocally each other's folly - that is the first law of nature. 
 - Voltaire

Pardons in the state of Colorado have the power to make your sentence like it never happened, and gives you all of your rights lost (if a felon) back, even Federal. A commutation of sentence just shortens your sentence.

Expungements work to seal the case from anyone not authorized to look at it. The case still happened, but it is not readily available to the public or some employers. You can enjoy some restoration of your rights, but not to the degree of a pardon. But here’s the law.⁵

The governor is hereby fully authorized, when he deems it proper and advisable and consistent with the public interests and the rights and interests of the condemned, to commute the sentence in any case by reducing the penalty in a capital case to imprisonment for life or for a term of not less than twenty years at hard labor.

Colo. Rev. Stat. § 16-17-101

(1) A pardon issued by the governor shall waive all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences.

(2) If the governor grants a pardon or a request for commutation of sentence, the governor shall provide a copy of the pardon or commutation of sentence to the Colorado bureau of investigation, and the Colorado bureau of investigation shall note in the individual's record in the Colorado crime information center that a pardon was issued or commutation of sentence was granted.

(3) For purposes of this section, "collateral consequences" means a penalty, prohibition, bar, disadvantage, or disqualification, however denominated, imposed on an individual as a result of the individual's conviction of an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral consequences" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.

Colo. Rev. Stat. § 16-17-103

(1) After a conviction, all applications for commutation of sentence or pardon for crimes committed must be accompanied by a certificate of the respective superintendent of the correctional facility, showing the conduct of an applicant during the applicant's confinement in the correctional facility . . . such evidences of former good character... Before the governor approves . . . must be submitted to the present district attorney of the district. . . the applicant was convicted and [] judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment . . .proper concerning the merits of the application, so as to provide the governor with information upon which to base the governor's action. The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications.

….

Good character previous to conviction, good conduct during confinement in the correctional facility, the statements of the sentencing judge and the district attorneys, if any, and any other material concerning the merits of the application must be given such weight as seems just and proper to the governor, in view of the circumstances of each particular case, with due regard for the reformation of the accused.

The governor has sole discretion in evaluating said comments and in soliciting other comments the governor deems appropriate.

Colo. Rev. Stat. § 16-17-102

Article IV, Section 7 of the Colorado Constitution grants the Governor exclusive powers of clemency. Specifically, it states that the Governor has the power to grant “reprieves, commutations, and pardons” except in cases of treason and impeachment. Regulations may be enacted for the process of applying for pardons. Governors are also constitutionally required to annually inform the legislature of the prison sentences commuted and the executive pardons, including the rationale behind them.

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That’s a lot of jargon for jagoffs, but the gist is that (1) Ole Polis has to throw the bone Tina Peters way; and (2) she has to get the prosecuting attorney, judge, and DA on her side (if different); and (3) in the end, none of it may matter because Polis has the ultimate discretion.

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*ACTION*

***stage appears with host, JR, in some fancy regalia**

J.R: Helooooooooooo and welcome to the game show no one knows and loves: Will They Get Pardoned? I’m your host with the most, and an itching sensation to get to the bottom of this. Tonight we are speaking about the one and only, Tina Peters of Mesa County, Colorado. Is it me or is great to be here and not in the Larimer County Jail for the past few months?

Now Tina, some say you are an election crook and others say you are a hero to us all. But still, you are someone’s grandmother and mother, being switched between jails because of safety concerns. People generally don’t care when it is young men who die in jails, because they aren’t even reported, but you have been held in jail for the past five months, awaiting to be processed to the Colo Dept of Corrections (CDOC). If I didn’t know better, i’d think Polis and the state of Colorado wanted Trump to withhold funding by making sure this was a political spectacle.

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Part II next week!

-HJRC

1. Or whatever you drink, I don’t judge.

2. Ultimately, if companies can’t get the funds, they will go elsewhere to a state that will get them.

3. Whether you have all the experts stating the election was rigged or not is immaterial to the people who support Tina Peters. You have to get that if you are pontificating from your white castle on said issue.

4. If he does concede, It’s also possible Trump could bring Polis into his “cretin corner” we talked about last week.

5. Relevant bits edited (sic).