MESA COUNTY, Colo. — The former Republican Secretary of State candidate avoided going to jail when Mesa County District Court judge Matthew Barrett gave her a second chance.
The judge said he has a history of giving second chances.
An arrest warrant was issued for Peters when it was discovered that she traveled to Nevada without the judge authorizing the travel. The court's permission is required as part of her bond in her criminal case where she has been charged with seven felonies for tampering with election equipment.
The judge quashed that arrest warrant during a 50-minute hearing on Friday afternoon.
It was known that she left after Peters had a document notarized in Nevada. The document was a request sent to the Colorado Secretary of State, seeking a recount of her primary race. She lost that race to Republican Pam Anderson by more than 88,000 votes.
Peters was required to appear in court on Friday in person, with her attorney Harvey Steinberg.
In a motion filed with the court on Thursday, Steinberg took the blame for Peters leaving without the court knowing.
She had emailed him and three other attorneys on July 7, telling them that she was going to Las Vegas on July 12. He admitted to the court that he did not see that part of the email until after she was already in Las Vegas.
On July 11, Republican Mesa County District Attorney Dan Rubinstein filed an objection with the court that he wanted to revisit her ability to travel out-of-state, since she had lost her primary and he considered her more of a flight risk.
That same morning, the judge sent an order to all attorneys saying, "no travel is authorized until the attached objection is resolved."
During Friday's court hearing, Steinberg continued to take the blame.
"I'm not computer literate," he told the judge, as he explained that only he and his assistant had access to the court notification system, and that his assistant was out on July 11.
The judge noted that the court notification system showed that another one of Peters' attorneys, Randy Corporon, opened the email 90 minutes after it was sent on July 11. He also noted that Steinberg had still yet to open the order from the judge.
The judge asked Steinberg for Peters' flight number from July 12.
Steinberg said that she flew on a private plane that left around 7 p.m.
Rubinstein told the judge that timeline was impossible because she had her recount request notarized in Nevada at 2 p.m. on July 12.
The judge asked the defense about this discrepancy.
They determined that she had left on July 11, and not on July 12.
Before the arrest warrant was quashed, Steinberg explained that he thought her travel request was filed with the court. However, in his motion to quash the arrest warrant, he said that he missed Peters email about her travel until after she was already in Las Vegas.
The judge did not ask for clarification on this timeline.
"Something like this occurring is remarkable," said Judge Barrett. "How is it that your entire staff and you were indisposed that you could not get to this order?"
That is when Steinberg, a high profile attorney, said he was not computer literate.
"I hate to admit this, this is not the first mistake I've ever made," Steinberg told the judge.
He also argued that Peters travel should not give cause for concern.
"Crimes here, if you will, I don't think will be repeated," Steinberg said, referring to the charges Peters faces for tampering with election equipment.
Rubinstein argued that he felt Peters was more of a flight risk since she lost her primary.
Before quashing her warrant, the judge said his general practice is to give second chances. He almost talked himself out of it noting that she has three attorneys and financial means.
After quashing her arrest warrant, the judge even said he was concerned about her leaving the state.
"Defendant is a flight risk, period," the judge said.
He noted her access to a private jet and financial means.
Rubinstein did not object to quashing the warrant, telling the judge before his decision that if the judge found that Steinberg was at fault and that she did not knowingly violate the order, he would defer to the judge's decision.
After winning for his client, Steinberg took issue with the judge alluding to his lack of oversight.
"People make mistakes," Steinberg said.
"Don't point at me, Mr. Steinberg," the judge responded.
Peters can still travel out-of-state, as long as the court is notified and allows the travel.
Peters is due back in court in August.
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