This story first appeared at CPR News.
DENVER | Former Mesa County Clerk Tina Peters, who is currently serving a nine-year sentence for her role in tampering with Mesa County’s election equipment in search of election fraud, was found not guilty of assault after shoving another inmate last January in state prison.
She was found guilty for the lesser charge of “unauthorized absence” after being in a restricted area where she was not assigned, Corrections Department spokeswoman Alondra Gonzalez-Garcia said. It’s not a criminal charge, but instead an internal process used to address behavior.
Gonzalez-Garcia said the determination was after reviewing evidence, including video footage, medical anatomical forms for both inmates involved, and witness testimony.
One of Peter’s attorneys, John Case, said Peters was acting in self defense, after the “initial punch” was thrown by the other inmate.
Peters has appealed the charge of “unauthorized absence,” according to Case. He claimed that Peters believed inmates were allowed in that area to fill the swamp cooler.
“They were wrong because it was authorized for inmates to go over there,” Case said. “It was common knowledge. And Tina presented a witness who testified to that.” The Department of Corrections disagreed.
Peters had previously received at least four negative write-ups from prison officials for minor offenses, The Denver Post reported.
In surveillance video footage of the incident obtained by CPR News, Peters grabbed another inmate’s neck. The video shows Peters dragging a cart across the room toward a closet. Another inmate walks toward the closet and appears to move the cart away from the closet door. Peters then emerges from the closet, grabs the inmate by her neck, and pushes her. The two appear to exchange words before Peters lets her go and leaves the room.
Case claims that Peters did not grab the inmate’s neck, and that what appears in the video is her hand pushing against the other inmate’s collarbone. “She didn’t grab her by the throat and choke her.”
Peters’ case has made national headlines, as President Trump has frequently called for her release and Peters has asked Democratic Gov. Jared Polis for clemency. Last week, Democratic Colorado state lawmakers signed a letter urging Polis to stay out of it.