Tina Peters’ motion to dismiss thrown out
MESA COUNTY, Colo. (KREX) — Tina Peters’ motion to dismiss the criminal investigation against her for election equipment tampering was thrown out on Monday.
U.S. District Court Judge Nina Y. Wang dismissed the motion, citing a failure to state a claim, lack of standing and lack of jurisdiction to dismiss the case.
Court filings state the “plaintiff cannot use civil action as a vehicle to attack a[n ongoing] criminal [investigation].”
Peters previously asked Judge Yang to halt prosecution in January, claiming 21st District Attorney Dan Rubinstein — along with Attorney General Merrick Garland and Colorado Secretary of State Jena Griswold — were attempting to retaliate against her for exercising her First Amendment right to free speech. Yang dismissed this motion as well, citing a lack of evidence to prove “unlawful motivations on the part of District Attorney Rubinstein.”
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