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Tina Peters was back in court Thursday for arguments on several pending motions. U.S. Magistrate Judge Scott Varholak is considering Peters’ First Amendment claims on her Habeas Corpus motion filed earlier this year.
Peters is arguing her detention as unconstitutional, as she was denied bond pending appeal. Her federal petition cites the trial court’s inflammatory statements about her incarceration, including, “Prison is for those folks where we send people who are a danger to all of us, whether it be by the pen or the sword or the word of the mouth.”
Judge Barrett’s sentencing monologue was egregious, and Peters has a strong appeal for bias and over-sentencing, matters which remain in the Colorado Courts. The matter before U.S. Magistrate Judge Scott Varholak is whether Barrett locking Peters up due to what she might say is a violation of her First Amendment rights.
During the short hearing, Judge Varholak ruled immediately on several motions, granting admission of an amicus brief from Peters’ supporters, deeming it novel but useful. He also granted motions to strike foreign whistleblower testimony about US election systems, deeming them irrelevant to the matter before the court. The testimony would have supported Peters’ argument that what she *might* say is true — strengthening her First Amendment-based habeas claims. The court also denied Peters’ motion to take notice of the Dominion Voting Systems sale, deeming it irrelevant to the matter before the court.
Tina Peters remains incarcerated, but the judge indicated an expedited ruling on the full petition, possibly by early November.
Read the Judge’s order here:
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The post Tina Peters Motion Hearing: Whistleblower Out, Novel Amicus In appeared first on Colorado Free Press.