MY STATEMENT ON GOVERNOR POLIS’ COMMUTING OF TINA PETERS’ SENTENCE, AND WHAT IT MEANS
First, I, like many people, am extremely disappointed by Governor Polis’ commutation of Tina Peters’ sentence; she is completely unrepentant, and because Trump leaned on Polis, and bullied Colorado over it, many will think that Governor Polis caved.
But he didn’t cave, and I also understand why he did it.
It’s important to understand that in April the Colorado Court of Appeals *vacated* her sentence – but *not* her convictions – and sent the case back down to the trial court for *resentencing*. This is because the Court of Appeals found that when determining her sentence the trial court court had erred in using things that she said – *protected speech* protected by the 1st Amendment – as a factor in her sentencing.
By preempting the trial court’s resentencing Governor Polis cut off the possibility that her sentence could be reduced even *further*, possibly even to time served, allowing her to go free.
As it is, Governor Polis reduced her sentence by half, from 9 years to 4 1/2 years. As of today Peters has served just 17 months. So while she will be eligible to apply for parole next month, she can also still be looking at nearly another three years in prison. Factors that a parole board looks at when considering an application for parole include good behaviour, and whether the convict shows remorse.
Said Governor Polis, “She committed a crime. What’s an issue here is how long the sentence is. I agree with the appeals court that in the sentencing hearing, the judge incorrectly looked at and considered her bizarre viewpoints, her speech, and held her speech against her.” And “To be clear, I publicly ruled out, and have always said, I would never consider a pardon for Tina Peters.”
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