December 8, 2025 • 35 mins
Dan returns after a week-long court case battle on behalf of a woman in her late 70s against an insurance company, victory in hand.
A judge rules on Tina Peters with regard to her current status as a state prisoner, after President Trump asks for her to be remanded into federal custody.
A judge rules on Tina Peters with regard to her current status as a state prisoner, after President Trump asks for her to be remanded into federal custody.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
This is Dan Caplis and welcome to today's online podcast
edition of The Dan Caplis Show. Please be sure to
give us a five star rating if you'd be so kind,
and to subscribe, download, and listen to the show every
single day on your favorite podcast platform. Yeah, we just
saw some truth, justice and the American way upheld in
a Colorado courtroom and I'd literally thank God for the
(00:22):
tremendous jury, tremendous judge, and the very very just outcome
in the case that has had me out for the
past week. So Ryan, thank you to you and Sheriff
Reems for covering mac Dunn as well. We just got
the verdict a short time ago and fortunately was able
to make it back into studio in time for the show.
But truly god thing and so grateful for my client
(00:46):
and to be able to do all of this. And
thank you to you guys for covering three oh three
seven one three A two five five the number text
at D A N five seven, seven through nine. We
have an awful lot of work to do. I'm sorry
about the way I sound. I mean, one of the
many things I'm grateful for is I rarely really get sick.
I mean I probably should not have been bragging to
(01:07):
Amy after Thanksgiving that, hey, I made it through this
whole year, all these trials and including you know, some
very long one particularly very long trial without even sniffles,
and then all of a sudden, I don't know what
bug is out there, but I'm just telling you we
all have our plus and minus column, my plus column,
thank you Lord. I have a very very good immune system.
(01:28):
I just don't get sick. So whatever this bug is,
it's a whopper. It's not COVID. I tested before I
went to court today, obviously it's not.
Speaker 2 (01:35):
And it's a cold. I'm just getting over it myself. Dan,
It's been everywhere. Yeah, I was sick in Michigan. My
sister Lizzie was sick. I wasn't sick during Thanksgiving, my
whole time visiting with her.
Speaker 1 (01:45):
I stayed with her.
Speaker 2 (01:46):
But then when I got back home after the flight.
It always happens to me too. I take this flight
flight cross country coming back, and then all of a sudden,
I start feeling a little under the weather.
Speaker 1 (01:54):
But to your point, it's a cold.
Speaker 2 (01:56):
It's not COVID, it wasn't a flu, but it's a
nasty cold.
Speaker 1 (01:59):
A strong one. Oh, and it has to be. I mean,
you have grabbed me like this and again, thank god.
It didn't show up until week closing arguments send at
about six o'clock Friday night. I didn't start to get
symptoms until overnight, and then I was fine to go
back in just sound the way I sound, But I
did ted. The only reason I tested for COVID is
(02:19):
I'm in trial. I'm not going to walk into a
courthouse with COVID. But otherwise I don't test for it.
Do you think anybody tests for COVID anymore? I really don't.
I just stay home.
Speaker 2 (02:29):
I mean, that's the whole point of the exercise, right,
No different than if you had the flu, Like I
go to work. Don't make other people sick. I get
what you're saying, But my whole dan always is if
you get sick this time of year, it's actually a
good thing because you're hoping now you have the antibodies
and you're not going to get sick. Fingers crossed during
Christmas or New Years Yah.
Speaker 1 (02:48):
Right today, when I went to courtA, I just made
point not to get close to anybody, and then if
somebody wanted to shake my nsa thanks man, I got
a COVID, yeah, but not COVID, not COVID. So yeah,
I think most people just don't even test for COVID anymore.
And that's why it's not shutting down society as it
should not. Three oh three someone three eight two five
five text d A N five seven seven three nine.
(03:11):
I say I'm taking some abuse on the show in
front of mine? Who does that show?
Speaker 3 (03:14):
Oh?
Speaker 1 (03:14):
Yes, my good friend Ryan Schuley. Well it's amazing because
I was driving to court in Colorado Springs this morning
very early, and you were on the air. Then you
were on the air when I was coming back from
court to the show. So I hope they're paying you
a lot. I hope so too. Yeah, I don't know.
I got to look into that part. Yeah yeah, yeah,
Okay at some point please do. But lots to dig
(03:36):
into today, And of course, anything that's on your mind,
fire at will on that. And because I did miss
most of the last week for that trial, if there's
anything that popped up while I was gone that you
want to hammer on, we are here to do it.
A couple of things on my mind. I wanted to
get to. One is you know you had that big
piece over the weekend in the post about RTD and
(03:58):
RTD ridership down, but also RTD now trying to deal
with all of the drug users who are riding the
trains and how in the world do we deal with
that in their security costs way up and everything else.
And listen, I'm just I'm just here to tell you,
and you probably know yourself if you write ARTD at all,
this has been going on for years and it's just
(04:19):
getting worse. In fact, I'm going to play you some stories.
They're gonna sound like they were done yesterday. They were
done two and three years ago. So this is something
the left has known about for a long time, the
left that runs Colorado in Denver, and that they have
just allowed to get worse and worse and worse. And
now they're kind of trying to blame you and saying, well,
more people need to write RTD so people won't feel
(04:41):
as free to just sit there and use their drugs.
And the maddening thing about all of this is there
is such an easy, obvious fix. Is it perfect?
Speaker 2 (04:49):
No?
Speaker 1 (04:49):
But guess what human condition? Nothing is ever going to
be perfect. So are we gonna let the perfect be
the enemy? Of the good or the great. That's insane.
But there is a fix, and it's right in front
of us, and it's far less expensive than anything we're doing.
It is far more humane to the drug users who
often you know, we refer to it right Ryan as homelessness,
(05:11):
but so much of this homelessness is just you know,
drug use, drug use related whatever. And you know, we
don't one of these downtown restaurant tours who was aptly
complaining properly about that. The mayor's failures is, you know,
you have so many who are zombie like. Used to
be you'd have homeless people, yeah, they could have an
alcohol problem, drug problem, this and that, but now you've
(05:33):
got so many zombie like people, you know, from not
only the drug problems, but the fentanyl and some of
these other concoctions. My goodness, you can't even call it
marijuana anymore. It's krakawana when they're cranking this potency up
to eighty ninety ninety five percent. So there is a fix.
Want to talk about that very important story that's not
(05:55):
getting nearly the attention it deserves. The schools, that school
districts that stood up to Chassa chassa is this private
organization that oversees most high school sports in Colorado. And
I want to play that story because these schools stood
up to them on the issue of letting men play
women's sports and boys play girls sports, which is obviously
(06:16):
insane on its face. But but of course the schools
had to go and fight, and you know, threatened to
spend the next ten years in court in order to
get Chessa to do the right thing here. And don't
get me wrong, there are plenty of really, really good
people in Chassa. And I sued Chassa how many years
ago is it now, on behalf of a kid who
(06:39):
had been banned from playing high school football in Colorado
because of a transfer, and the kids should have been
allowed to play and had to go, you know, trying
to remember it exactly, I think I did file a
district court lawsuit at one point, but then through a
certain process, ended up in arbitration, and then a tremendous arbitrator,
(07:02):
very experienced former chief judge in the district court, God
rest his soul, finally ruled in our favor, and this
young man was able to get on the field where
he should have been all along. And then get a
scholarship to UCLA and go on to a really productive
a college experience, which he would have been deprived of
if CHAS had had its way there. So I want
(07:23):
to get into a deeper chassis story too. Denver posted
a tremendous, tremendous deep dive story good old fashioned hard
work journalism a few weeks ago that talked about CHASSA
and the transfer rule, and you know where kids are
limited and their ability to transfer between schools and then
be able to go out and play sports. And I
(07:44):
want to have that conversation with you as well, because
I just don't get those limitations, because I thought it's
all supposed to be about the welfare of the child,
supposed to be about the best interests of the child,
right because it should be, and that should be what
we're focused on. So why do we have all these
(08:04):
adults out there trying to prevent a young lady or
a young man from transferring to a high school where
they have a better opportunity in sports. Why would anybody
want to prevent that if it's going to be best
for that young person. I've just never understood that concept.
So I want to throw all that out there and
(08:26):
much more three all three seven three eight two five
five text d A N five seven seven three nine.
So we got that going for us, Young Ryan Shuling.
What did I miss last week while I was in trial?
Only everything? Okay? Well, that's okay, there's time to catch
up on that. You got to Sheriff Steve. Was there
anything in particular, Sheriff Steve dreams doing a great job
(08:49):
last week while I was in trio, anything in particular
the sheriff was fired up about. I'm trying to remember
now going it's all a blur when you do nine
hours of radio today really is a blursolutely.
Speaker 2 (09:00):
But this topic was front and center on Friday, for sure,
with Matt Dunn filling in, Oh, which one RTD the
schools the schools, oh, the schools just touched on before then, Yeah,
and had a conversation on that day about it. And
it's to your point, Dan, it's so ridiculous on its
face that you feel kind of exhausted just making the
argument that should be a ninety ten, if not a
(09:22):
greater issue.
Speaker 1 (09:23):
And when we come back, I do want to play
that nine News story for you on the schools that
stood up to chassa over trans athletes playing in the
point being, the point being somebody said once you can't
remember who that despairs a sin if you just give up,
because it looks like there's no way to win in
a state like Colorado, where the left controls everything. That's
just really weak and that's not something we can indulge in.
(09:46):
And it's just this group showing how you can still
fight and win even though you know it can't win
statewide races easy. But that doesn't mean there aren't other
ways that these I just causes can still do battle
and win. And they just gave a good example of
that three or three seven, three eight, two five five.
(10:07):
And because those school districts fought, now at least there
you won't have a bunch of girls who have to
compete against boys in their sports. You're on the Dan Kapla.
Speaker 4 (10:16):
Show and now back to the Dan Kapla Show podcast.
Speaker 1 (10:22):
Wow, Well, thank you for that, Ryan, I appreciate it
celebrating just a massively important victory today. But the only
thing that changed in that song is that you know
this jury verdict that we got today, and we were
so it was the right verdict. It was the right verdict,
(10:42):
and it was just and a very hard working jury
work through a snow closure last week, stayed till six
at night, came back on Monday morning to deliberate. The
court worked so hard. It was for a senior citizen
who had been badly injured in a crash and in
my constant, usually protected opinion, was being low balled by
her insurance company, and so we just we went to trial.
(11:07):
We went actually went to trial three times over one
hundred and thirty five or one hundred and what like
seventy five thousand dollars difference, but she had a two
hundred and fifty thousand dollars policy limit. Her claim was
clearly uninsured motorist. It's her own carrier. Her claim was
in my view, clearly worth it from day one, and
(11:29):
the carrier wouldn't pay it, which in my view was
just insane. And so we decided no, we were going
to go fight for this woman, senior citizen, and we
were going to go fight for So it wasn't really
about the money. You know, there was like one hundred
and seventy five thousand dollars difference, but it was just
(11:50):
so fundamentally wrong in our view, not to pay her,
and so I'm so proud of our whole office and
our whole team. You know, John Keller, my law partner
and managing partner former Repo DA. We went to trial again,
third time this year we've gone to trial together, and
Dylan McGirk did such a wonderful job, another tremendous lawyer
in our office, and Rachel Or not. So we went
(12:14):
to trial the first time and then Ryan, we're in
trial and a juror leaves, another gets sick. We have
to continue with five, and the big insurance company says,
we're sitting there with our seven year old client. No,
we don't agree to continue with five. Every jury trial
I've had in forty two years where we've lost some
jurors and the law allows you to go with five
(12:36):
if both sides agree. Every single one for forty two years,
the other side had said, yeah, we'll go with five.
This big insurance company that was refusing to pay her
benefit her own carrier said no, we're not going to
continue with five, seventy nine year old woman. You're going
to have to go back and start all over and
come back to a new trial. Oh, and so we
(12:58):
showed up again in court today of well last week,
and then battled it out. And so they had said
the claim had a total value of three hundred and
thirty five thousand or three hundred and seventy five thousand
or some stupid thing. It was obviously, in my opinion,
worth much much more, and a very thoughtful jury came
back and allowed one point three million. And so it's
(13:22):
just so gratifying and for such a wonderful senior citizen.
Speaker 2 (13:25):
So anyway, if I can truly not Dan, I have
you know, ridden with you over these last seven years
and time and again you've come back with these types
of results. And my question always comes back to the following.
Doesn't capitalist law get a reputation and the good word
spreads and an insurance company like this one is aware
(13:47):
of the fact that all you do is win, and
they go, you know what, not worth our time, not
worth our effort, not worth the tribulation.
Speaker 1 (13:55):
What do we gotta do to settle? Why does that
not happen more often? See that's a great question, and
it does a lot with a lot of different carriers.
But here's the thing, and I'm just giving you my
opinion on this. I can't prove this next point. This
is just my belief after forty two years of doing this,
I think you've got a bunch of carriers now that
say we're just going to do this to everybody. And
(14:18):
then if a certain number of them decide to fight
us and they go beat us big a trial, god
love them. We'll write them that big check. But we're
still going to come out light years ahead because we've
just I'm trying to think of an appropriate word here,
we've just saved a whole lot of money on all
these other people we didn't pay fairly. That that's my
(14:40):
personal opinion on what some companies do. There are a
lot of companies out there who I believe, you know,
they never say these words to us, but you can
see it now they behave They say, Okay, you guys
have proven you've got you'll go to trial. You've proven
you know how to win. It doesn't guarantee you're going
to win every time everywhere, but I mean, this is
what my fifth or sixth time to trial this year.
(15:03):
When you look at how often the quote trial lawyers go.
There are some real trial lawyers in Colorado do go often,
but most people who say they're trial layers. How often
do they really go to trial? It's like my fifth
or six time to trial this year. So yeah, I
get some carriers who say, okay, you guys will go
you know what you're doing, You got these results, and
then they step up and they do what they should
(15:24):
so peace through strength. Yeah, you're right, Ryan, And that's
that happens with some carriers in a bunch of cases.
But then you got the others who just say, yeah,
we're just gonna blank them all. Yeah, yeah, that's what
I mean. We're gonna blank them all, and then you
guys can go pop a big verdict. And then we've
been very very blessed to pop a lot of big verdicts.
(15:46):
It's just dark and cynical from their perspective, and obviously
I'm just giving you one guy's take on it. But
our job is just that person we believe in it's
a righteous case. If that carrier is low balling them,
our job is to go try the case then and
let a jury decide. And fortunately, once again, a really thoughtful,
(16:07):
hard working jury you know, did justice this time in
Colorado Springs three at three seven, three eight two five
five The number text D A N five, seven, seventh,
three nine. And I'm sorry I made this segment all
about quote me, but it really isn't about me. It's
about broader things that affect a lot more people. And
there were so many people involved in injustice being done here,
(16:30):
you know, starting with the judge and the jury, and
you know, my law partner and everybody else. But it's
just it's so incredibly fulfilling to see this seventy nine
year old woman who has to come back into court
because the first trial we were down to five jurors
and they wouldn't continue, the insurance company wouldn't finish the trial.
(16:53):
She comes back into court and she just beats them,
and she should. I mean, we won on the facts,
we won on the law. We don't want but to
see this seventy nine year old stand up to this
giant insurance company and to see our whole office pour
their hearts into it and fight the way everybody fought
that that is so cool. Now here's what I want
(17:16):
to do. Game plan going to come back, and I
want to play this piece from KUSA because this is
another example what I was just talking about. Our firm
isn't involved in this, but this is some school districts
standing up to CHASS, the private organization that oversees high
school sports in Colorad don't say no, we are not
going to allow boys and men to play against our
(17:41):
girls and young women in high school sports. And they
stood up and they want they want CHASSA back down.
And I want to dive into that story because I
think it's important on multiple levels. And by the way, Ryan,
one of the biggest ones being don't give up. Yeah,
it's real hard to win statewide races right now. Doesn't
(18:01):
mean the Republicans can't win the governor's race or the
Senate race in Colorado in this cycle, but you don't
have to be able to win the statewide races to
still fight well and to win in different ways, and
maybe not every time everywhere, you know, but it's and
I think I'm paraphrasing, who is it here? Ryan helped
(18:22):
me out? Is it mother? Teresa Saint Francis. I'm trying
to remember I should know this. Who said, listen, God
doesn't call on us. We're not called to win every fight.
We're called to fight the good fight to the best
of our ability. And yeah, you want to win every fight,
(18:43):
and you devote yourself to that. But it's the fact
that the odds are against you is no excuse to
not fight. You're on the Dan Caplis Show.
Speaker 4 (18:56):
You're listening to the Dan Caplis Show podcast.
Speaker 1 (19:00):
You're here. Hey, Federal court just a few minutes ago
issued and order deny Tana Peter's request for federal order
that would release her from state prison. Here's what I
want to do. I don't just want to work off
the news stories here. I'm trying to get the orders.
So I've written back to my office and ask them
to go get the order itself and shoot it to
(19:23):
me so I can read it during the next break
and then talk with you about it. Because so often,
excuse me, there's more in these orders than just what
appears in the headline. So that's no knock on any
reporter doing any of these stories. I've just been practicing
years law for forty two years and served as a
legal analyst for some pretty major networks for a while,
(19:46):
So I just I know this drill, and I want
to see the order itself before I talk with you
about it. So yeah, that's my goal now, is to
get my hands on the order itself and dig into it.
You know the federal magistrate judge who entered the order
to be very very intelligent and thoughtful, just kind of
(20:07):
down the middle, very fair and balanced judge. And so
I just I want to go through the order itself
and get the fine points. So if I can get
that analysis to you before five, I'll do that. If not,
I should have it to start that five to five segment.
In the meantime. Plenty to do here, Ryan, I think
(20:29):
I just heard Dan give the best speech on why
Dan Kpla should run for governor of Colorado. What do
you think, Andy, Andy, you are such a good man.
Thank you for those kind words. Dan. My name is John.
I had two boys and went and played Division two football.
One was a two time state champion wrestling. And to
be able to switch schools because you think it makes
it good for them, I disagree. You don't just move
(20:49):
schools because you want to play on a winning team,
and that's what these kids do. College will see you
even if you're good, even on these other teams. Not
everybody has the money to do that. So no, it's
not okay that just a few of them can do
it because they have the money. Thank you, for that
thoughtful note. And I understand the concern out there that
if you allow, as I believe should be allowed, these
(21:10):
high school kids to transfer to the schools they want
to transfer to, whether it's to play sports for anything else.
I understand that you can get some negatives to that.
I respect that, but I just think in the end,
what we need to be oriented around is the best
interests of the child. And if you have a child
who their passion is this sport or that sport or whatever,
(21:33):
and they think they're going to get more playing time,
they're going to have a better opportunity at some other school,
why would you stop that, especially in an era where
kids have all of these threats out there to them,
whether it's drugs, which is an issue no matter what
income level, no matter where somebody goes to school, whether
(21:55):
it's drugs, whether it's gangs and drugs, whether it's this,
whether it's that. I thought it was supposed to come
back to the best interest of the child. So that's
why I just think it's crazy we don't allow these
kids in high school at least just one free transfer.
You decide you want to go to high school X.
It isn't working out your passion. You're a good kid.
(22:16):
You're not out there doing drugs. You're not doing this,
you're not doing that. You love that sport. But for
whatever reason, you're not going to get your opportunity at
school A. Or maybe all of a sudden you've just blossomed.
Maybe you started at school A when you were five
two and one hundred and thirty pounds. Maybe you're a
junior and you're you know, six three and two fifteen,
(22:38):
and you know what, you're thinking, Hey, maybe I can
go to college this way and everything else, and you, yeah,
I don't. It's supposed to be best interest to the child, Dan, Ryan,
I hope I don't have that senior's insurance company. Dan.
Enough about you. Please ask Ryan when he starts Chaos
six to ten am full time, Young Ryan. I think
(22:59):
I texted you about that today as well. You did.
Speaker 2 (23:02):
I'm doing all this week double duty. Burned the candle
at both ends, so a determination has not been made, but.
Speaker 1 (23:10):
Just stop steps hot if and that's what prompted me
to text you from court today. If you're not going
to be the guy, then why are you doing it
all this week? Because they've had many very very talented
people doing that morning show at different times. Well, full disclosure,
you know I do get paid on a per.
Speaker 2 (23:30):
Show, above and beyond basis by iHeart to do those
morning programs. And I think it just made sense and
it way I'm here in the building. Okay, follow the money,
but you're very good at it.
Speaker 1 (23:41):
All I'm saying is they've got they've got all these
other really talented people who've been covering that morning since
Michael Brown moved over to kaw Chaos. By the way,
y wait, which I'm doing the show from Denver day,
so he's about ten steps across the all, that's right. Yeah, yeah,
I just like the first part of that text. Enough
to you, Dan, I think you should rename your show
(24:03):
Capitalist and shooling or maybe shooling and reams. Thank you
for putting it nicely. Most people just say quit, leave, die,
do something else, Dan, testing for COVID has never been worthwhile,
As you just outlined sense. The way you react to
the symptoms is the same whether you know it's COVID
or not. The only reason I tested for today was
(24:26):
I was going to court. And if I think, and
I'm very fortunate I don't get sick God, please forgive
me for saying that. But all I'm saying is, yeah,
I've been in trial. I'm going back to quit now.
Our jury was deliberating this morning. But yeah, just to
be responsible, I'm going to test before I go to
court and when I'm feeling really bad, which is rare
(24:47):
for me anyway, let me get to this nine news story.
But I was ton Amy on the way back from
court today after getting that wonderful jury verdict that I'm
just a big believer. I don't know if this works
for you, and I know it doesn't apply to like
really serious illnesses, But when I am sick, as long
as I'm not going to make other people sick, I
(25:08):
just want to get up and go. I want to
keep a normal schedule. I want to go to work.
And I think, isn't that the same for you?
Speaker 2 (25:15):
Ryan.
Speaker 1 (25:15):
That's the way you feel better, not laying on the
couch at home thinking, oh what hurts now? No, you
want to go out and you want to go to work.
Here's this Channel nine version of this story on this
tremendous victory won by some Colorado schools against this just
true insanity of saying that boys can play girls' sports Well.
Speaker 5 (25:36):
The group that governs high school sports in Colorado has
agreed not to sanction certain schools and teams over their
policies on transgender students. This is part of a settlement
between CHASSA and conservative leaning school districts like Colorado Springs
Districts forty nine and eleven. The settlement says SHASSA can't
sanction schools that separate teams by biological sex or create
(25:57):
policies that impact transgender appas leads. In return, the districts
will have to pay CHASSA sixty thousand dollars to make
up for money lost during litigation. CHASSA told us the
lawsuit is unnecessary and performative since they have never sanctioned
a school for policies related to transgender athletes in a
statement District forty nine, so the settlement is a major
(26:18):
step forward, But a civil rights lawyer told us it's
far from that, and.
Speaker 3 (26:23):
It is pretty far from a landmarker what I would
even consider a significant victory. It doesn't affect the rest
of the case, and it doesn't affect the state of
Colorado's right to continue to enforce its anti discrimination losts.
Speaker 5 (26:39):
So CHASSA has settled, this lawsuit isn't over. On Monday,
the remaining defendants, including agfil Wiser and the Colorado Civil
Rights Commission, have a hearing to try and dismiss the suit.
Speaker 2 (26:49):
See.
Speaker 1 (26:50):
I think this is an enormous victory. Who administers high
school sports in Colorado, chass it does. And for CHASA
to say, yeah, no, we're not going to try to
punish you if you say no boys and girls' sports,
I think that's a big win myself. And the bigger
point is just that, Yeah, Colorado's a tough nut right
(27:11):
other than maybe Chicago, La, New York, and may be
about the toughest place in the country to fight the left.
But there are still some ways to make progress. And
I'm glad that District's forty nine and eleven dug in
and fought.
Speaker 2 (27:26):
Just real quick, Dan, because you and I have both
big sports guys, and of course your son Joe, a
prolific football player in this state, a state champion. What
this does is it allows these conservative district to say
we're not going to allow biological males identifying as female
on our own schools teams. But what it doesn't address, Dan,
is that the other liberal schools that choose to do that,
(27:48):
they can still send transgender individuals who are on the
female sports teams into competition. And the only thing a
conservative school district can do in response to that is forfeit.
They can va can't it. They just can't be punished.
So it's a partial victory. I agree. We've got a
lot further to go on this.
Speaker 1 (28:04):
Oh heck yes, heck yes. And all I'm saying is
take the incremental victories where you can, fight where you can.
I mean, we're in this kind of pasture in Colorado
where the left controls, you know, obviously every left controls
state government, left controls denver, et cetera. Just fight and
win what you can as often as you can wherever
(28:26):
you can, because what's fatal in the end is despair.
We just can't give up and say ah, state's too
tough the climbs to steep. No, And so I respect
these districts for fighting and winning what they can when
they can. So again, working hard now during this break
as well to try and get my hands on the
(28:48):
actual order issued a few minutes ago by a respected
federal judge magistrate judge in the team of Peter's case,
denying the effort to get the federal court to step
in at this point and release Tina Peters. But I
want to read the order itself before I dive into
this one way or the other, we're going to talk
about it. You're on the Dan Kapla.
Speaker 4 (29:09):
Show and now back to the Dan Kaplas Show podcast.
Speaker 1 (29:15):
Thank you for that, Ryan four fifty two. But it's
really all about our clients. So proud of our seventy
nine year old client took on a major insurance company,
her own insurance company, which had refused to pay her
her full policy benefit after a serious injury. We went
to the first trial and then it mistried during the
middle of the case when we lost too many jurors
(29:36):
and the opposing party has the if the parties agree,
you can continue with five jurors sitting there with a
seventy nine year old client and seventy eight at the
time she turned seventy nine. A few weeks later, we're
down to five jurors because of illness, and this big
giant insurance company would not continue the trial. Every other
(29:57):
trial I've had my forty two years where we get
down to five jurors both sides just say, hey, everybody's
poured so much into this that the jury decides not
this big insurance company. They said, no, we're all going home,
and she's going to have to come back again. And
she did come back last week, and we fought and
fought and fought and got a jury verdict today and
jury allowed her one point three million dollars. A very thoughtful,
(30:20):
hard working jury, and justice was done. And I'm just
so proud of this wonderful seventy nine year old woman
who is a fighter.
Speaker 2 (30:28):
Two things, Dan, as I try to put myself in
your shoes along with Kellner your whole team. How agitated
were you guys at that fact that you just mentioned
we're not going to go forward with the five jurors.
How many expletives were uttered? And how tempted are you
right now? But it's to serve our listeners to name
this insurance company.
Speaker 1 (30:47):
Do you have a calculator on the exploitives? I mean,
imagine this, You're sitting in court. This woman when she
was seventy six, she has her neck badly broke, like
really badly broken. Her own insurance company won't pay her
(31:08):
full benefit. And then we go to trial and then
it gets down to five jurors and they say, no,
we're not willing to continue your honor. Yeah that there
were there were words I am not proud of. Not
spoken in the courtroom. Of course, we have too much
respect for the process, but in our heads and amongst ourselves.
But what you do is right. You just channel that.
(31:31):
And she she is so courageous. What a fighter. And yeah,
she's been insured by this insurance company for over forty years.
I think she said, yeah, you're not something. Name them.
She's she's a fighter. See I would name them, that's me.
I don't know. Well, I'm pettying. Yeah, I think I
(31:53):
could refer people to the pleading state. My only hesitation
is to name her because if I was for people
to get fleetings, I'd have to understood yeah and so,
but uh not that I think she'd mind that. I
should just check with her. But until I have her permission,
I'm just saying I'm so proud of her at seventy
(32:14):
nine to say no, I'm going back into court and
fight and trial for a week. But we are so
fortunate to live in this country, in this system. Three
out three seOne, three eight, two five, five, five, seven, seven,
three nine, Because you've got you got six good men
and women from all walks of life in Colorado Springs
who got together in a courtroom for a week and
(32:35):
they hurt all the evidence on both sides. And you
can be sure this big insurance company could afford to
call in lots of doctors, put on whatever evidence they wanted,
and then the jury decides. It's a beautiful thing. All right,
My friend Tina Peters, why let people know what you're
going to see as this headline. I want to take
a little deeper than the headline, and you're going to
see this headline all over the place. Federal court denies
(32:58):
Tina Peters's latest request to leave prison. And this just
came down a short time ago this afternoon. But I
want to let you know about something that you're not
likely to see in a lot of news stories. To
the Denver Post credit, it was in the post story,
but this version of the story out of the Post.
The latest attempt by former Mesa County Clerk ten of
(33:19):
Peters to secure release from a state prison fizzled out
in federal court Monday. Chief Magistrate Judge Scott Verhollock of
the U. S. District Court of Colorado said he lacked
the authority to release the former elected official while she
attempts to appeal her twenty twenty four state conviction for
election related defenses. Attorneys for Peters had sought the release
(33:39):
earlier this year, well Judge Verhallick considered the request. In
recent weeks, her legal team had argued separately that the
former clerk should be released because she was too ill,
because her mother was in the hospital, because she was
being held in solitary confinement. Now here's what I want
to make sure you hear. And again credit to the
Denver Post for including this in their story, because I'm
(34:02):
looking at a lot of other stories out there now
that do not include this important part of the judge's order.
And before I read this, just go on the record again,
because we haven't talked about this in a while. I
am not, in any way, shape or form trying to
justify the underlying conduct by Tina Peters, not at all.
And I am not sitting here trying to dispute the
(34:22):
jury's finding there or anything like that, not at all.
I just think that virtually anybody looking at this would
have to say, nine years, nine years with her age
nine years, lack of a criminal record, and police steps
(34:43):
in so that the mass killer on the highway, remember
those five people who were burned up in their cars,
because the trucker knew his breaks are bad, decided he
was going to continue anyway. The jury convicted him very
quickly because he was obviously guilt. He was sentenced to
one hundred years under Colorado law. Polus steps in after
(35:04):
Kim Kardashian whispers in his ear, and steps in and
bypasses the judge, jury, everything else. And now this guy's
likely to get out in five after burning to death
five people on our highways, and she gets nine. So
all I'm saying is, I'm not justifying her underlying conduct,
but this sentence. So I'm going to read you what
(35:25):
the judge said in full
This is Dan Caplis and welcome to today's online podcast
edition of The Dan Caplis Show. Please be sure to
give us a five star rating if you'd be so kind,
and to subscribe, download, and listen to the show every
single day on your favorite podcast platform. Yeah, we just
saw some truth, justice and the American way upheld in
a Colorado courtroom and I'd literally thank God for the
(00:22):
tremendous jury, tremendous judge, and the very very just outcome
in the case that has had me out for the
past week. So Ryan, thank you to you and Sheriff
Reems for covering mac Dunn as well. We just got
the verdict a short time ago and fortunately was able
to make it back into studio in time for the show.
But truly god thing and so grateful for my client
(00:46):
and to be able to do all of this. And
thank you to you guys for covering three oh three
seven one three A two five five the number text
at D A N five seven, seven through nine. We
have an awful lot of work to do. I'm sorry
about the way I sound. I mean, one of the
many things I'm grateful for is I rarely really get sick.
I mean I probably should not have been bragging to
(01:07):
Amy after Thanksgiving that, hey, I made it through this
whole year, all these trials and including you know, some
very long one particularly very long trial without even sniffles,
and then all of a sudden, I don't know what
bug is out there, but I'm just telling you we
all have our plus and minus column, my plus column,
thank you Lord. I have a very very good immune system.
(01:28):
I just don't get sick. So whatever this bug is,
it's a whopper. It's not COVID. I tested before I
went to court today, obviously it's not.
Speaker 2 (01:35):
And it's a cold. I'm just getting over it myself. Dan,
It's been everywhere. Yeah, I was sick in Michigan. My
sister Lizzie was sick. I wasn't sick during Thanksgiving, my
whole time visiting with her.
Speaker 1 (01:45):
I stayed with her.
Speaker 2 (01:46):
But then when I got back home after the flight.
It always happens to me too. I take this flight
flight cross country coming back, and then all of a sudden,
I start feeling a little under the weather.
Speaker 1 (01:54):
But to your point, it's a cold.
Speaker 2 (01:56):
It's not COVID, it wasn't a flu, but it's a
nasty cold.
Speaker 1 (01:59):
A strong one. Oh, and it has to be. I mean,
you have grabbed me like this and again, thank god.
It didn't show up until week closing arguments send at
about six o'clock Friday night. I didn't start to get
symptoms until overnight, and then I was fine to go
back in just sound the way I sound, But I
did ted. The only reason I tested for COVID is
(02:19):
I'm in trial. I'm not going to walk into a
courthouse with COVID. But otherwise I don't test for it.
Do you think anybody tests for COVID anymore? I really don't.
I just stay home.
Speaker 2 (02:29):
I mean, that's the whole point of the exercise, right,
No different than if you had the flu, Like I
go to work. Don't make other people sick. I get
what you're saying, But my whole dan always is if
you get sick this time of year, it's actually a
good thing because you're hoping now you have the antibodies
and you're not going to get sick. Fingers crossed during
Christmas or New Years Yah.
Speaker 1 (02:48):
Right today, when I went to courtA, I just made
point not to get close to anybody, and then if
somebody wanted to shake my nsa thanks man, I got
a COVID, yeah, but not COVID, not COVID. So yeah,
I think most people just don't even test for COVID anymore.
And that's why it's not shutting down society as it
should not. Three oh three someone three eight two five
five text d A N five seven seven three nine.
(03:11):
I say I'm taking some abuse on the show in
front of mine? Who does that show?
Speaker 3 (03:14):
Oh?
Speaker 1 (03:14):
Yes, my good friend Ryan Schuley. Well it's amazing because
I was driving to court in Colorado Springs this morning
very early, and you were on the air. Then you
were on the air when I was coming back from
court to the show. So I hope they're paying you
a lot. I hope so too. Yeah, I don't know.
I got to look into that part. Yeah yeah, yeah,
Okay at some point please do. But lots to dig
(03:36):
into today, And of course, anything that's on your mind,
fire at will on that. And because I did miss
most of the last week for that trial, if there's
anything that popped up while I was gone that you
want to hammer on, we are here to do it.
A couple of things on my mind. I wanted to
get to. One is you know you had that big
piece over the weekend in the post about RTD and
(03:58):
RTD ridership down, but also RTD now trying to deal
with all of the drug users who are riding the
trains and how in the world do we deal with
that in their security costs way up and everything else.
And listen, I'm just I'm just here to tell you,
and you probably know yourself if you write ARTD at all,
this has been going on for years and it's just
(04:19):
getting worse. In fact, I'm going to play you some stories.
They're gonna sound like they were done yesterday. They were
done two and three years ago. So this is something
the left has known about for a long time, the
left that runs Colorado in Denver, and that they have
just allowed to get worse and worse and worse. And
now they're kind of trying to blame you and saying, well,
more people need to write RTD so people won't feel
(04:41):
as free to just sit there and use their drugs.
And the maddening thing about all of this is there
is such an easy, obvious fix. Is it perfect?
Speaker 2 (04:49):
No?
Speaker 1 (04:49):
But guess what human condition? Nothing is ever going to
be perfect. So are we gonna let the perfect be
the enemy? Of the good or the great. That's insane.
But there is a fix, and it's right in front
of us, and it's far less expensive than anything we're doing.
It is far more humane to the drug users who
often you know, we refer to it right Ryan as homelessness,
(05:11):
but so much of this homelessness is just you know,
drug use, drug use related whatever. And you know, we
don't one of these downtown restaurant tours who was aptly
complaining properly about that. The mayor's failures is, you know,
you have so many who are zombie like. Used to
be you'd have homeless people, yeah, they could have an
alcohol problem, drug problem, this and that, but now you've
(05:33):
got so many zombie like people, you know, from not
only the drug problems, but the fentanyl and some of
these other concoctions. My goodness, you can't even call it
marijuana anymore. It's krakawana when they're cranking this potency up
to eighty ninety ninety five percent. So there is a fix.
Want to talk about that very important story that's not
(05:55):
getting nearly the attention it deserves. The schools, that school
districts that stood up to Chassa chassa is this private
organization that oversees most high school sports in Colorado. And
I want to play that story because these schools stood
up to them on the issue of letting men play
women's sports and boys play girls sports, which is obviously
(06:16):
insane on its face. But but of course the schools
had to go and fight, and you know, threatened to
spend the next ten years in court in order to
get Chessa to do the right thing here. And don't
get me wrong, there are plenty of really, really good
people in Chassa. And I sued Chassa how many years
ago is it now, on behalf of a kid who
(06:39):
had been banned from playing high school football in Colorado
because of a transfer, and the kids should have been
allowed to play and had to go, you know, trying
to remember it exactly, I think I did file a
district court lawsuit at one point, but then through a
certain process, ended up in arbitration, and then a tremendous arbitrator,
(07:02):
very experienced former chief judge in the district court, God
rest his soul, finally ruled in our favor, and this
young man was able to get on the field where
he should have been all along. And then get a
scholarship to UCLA and go on to a really productive
a college experience, which he would have been deprived of
if CHAS had had its way there. So I want
(07:23):
to get into a deeper chassis story too. Denver posted
a tremendous, tremendous deep dive story good old fashioned hard
work journalism a few weeks ago that talked about CHASSA
and the transfer rule, and you know where kids are
limited and their ability to transfer between schools and then
be able to go out and play sports. And I
(07:44):
want to have that conversation with you as well, because
I just don't get those limitations, because I thought it's
all supposed to be about the welfare of the child,
supposed to be about the best interests of the child,
right because it should be, and that should be what
we're focused on. So why do we have all these
(08:04):
adults out there trying to prevent a young lady or
a young man from transferring to a high school where
they have a better opportunity in sports. Why would anybody
want to prevent that if it's going to be best
for that young person. I've just never understood that concept.
So I want to throw all that out there and
(08:26):
much more three all three seven three eight two five
five text d A N five seven seven three nine.
So we got that going for us, Young Ryan Shuling.
What did I miss last week while I was in trial?
Only everything? Okay? Well, that's okay, there's time to catch
up on that. You got to Sheriff Steve. Was there
anything in particular, Sheriff Steve dreams doing a great job
(08:49):
last week while I was in trio, anything in particular
the sheriff was fired up about. I'm trying to remember
now going it's all a blur when you do nine
hours of radio today really is a blursolutely.
Speaker 2 (09:00):
But this topic was front and center on Friday, for sure,
with Matt Dunn filling in, Oh, which one RTD the
schools the schools, oh, the schools just touched on before then, Yeah,
and had a conversation on that day about it. And
it's to your point, Dan, it's so ridiculous on its
face that you feel kind of exhausted just making the
argument that should be a ninety ten, if not a
(09:22):
greater issue.
Speaker 1 (09:23):
And when we come back, I do want to play
that nine News story for you on the schools that
stood up to chassa over trans athletes playing in the
point being, the point being somebody said once you can't
remember who that despairs a sin if you just give up,
because it looks like there's no way to win in
a state like Colorado, where the left controls everything. That's
just really weak and that's not something we can indulge in.
(09:46):
And it's just this group showing how you can still
fight and win even though you know it can't win
statewide races easy. But that doesn't mean there aren't other
ways that these I just causes can still do battle
and win. And they just gave a good example of
that three or three seven, three eight, two five five.
(10:07):
And because those school districts fought, now at least there
you won't have a bunch of girls who have to
compete against boys in their sports. You're on the Dan Kapla.
Speaker 4 (10:16):
Show and now back to the Dan Kapla Show podcast.
Speaker 1 (10:22):
Wow, Well, thank you for that, Ryan, I appreciate it
celebrating just a massively important victory today. But the only
thing that changed in that song is that you know
this jury verdict that we got today, and we were
so it was the right verdict. It was the right verdict,
(10:42):
and it was just and a very hard working jury
work through a snow closure last week, stayed till six
at night, came back on Monday morning to deliberate. The
court worked so hard. It was for a senior citizen
who had been badly injured in a crash and in
my constant, usually protected opinion, was being low balled by
her insurance company, and so we just we went to trial.
(11:07):
We went actually went to trial three times over one
hundred and thirty five or one hundred and what like
seventy five thousand dollars difference, but she had a two
hundred and fifty thousand dollars policy limit. Her claim was
clearly uninsured motorist. It's her own carrier. Her claim was
in my view, clearly worth it from day one, and
(11:29):
the carrier wouldn't pay it, which in my view was
just insane. And so we decided no, we were going
to go fight for this woman, senior citizen, and we
were going to go fight for So it wasn't really
about the money. You know, there was like one hundred
and seventy five thousand dollars difference, but it was just
(11:50):
so fundamentally wrong in our view, not to pay her,
and so I'm so proud of our whole office and
our whole team. You know, John Keller, my law partner
and managing partner former Repo DA. We went to trial again,
third time this year we've gone to trial together, and
Dylan McGirk did such a wonderful job, another tremendous lawyer
in our office, and Rachel Or not. So we went
(12:14):
to trial the first time and then Ryan, we're in
trial and a juror leaves, another gets sick. We have
to continue with five, and the big insurance company says,
we're sitting there with our seven year old client. No,
we don't agree to continue with five. Every jury trial
I've had in forty two years where we've lost some
jurors and the law allows you to go with five
(12:36):
if both sides agree. Every single one for forty two years,
the other side had said, yeah, we'll go with five.
This big insurance company that was refusing to pay her
benefit her own carrier said no, we're not going to
continue with five, seventy nine year old woman. You're going
to have to go back and start all over and
come back to a new trial. Oh, and so we
(12:58):
showed up again in court today of well last week,
and then battled it out. And so they had said
the claim had a total value of three hundred and
thirty five thousand or three hundred and seventy five thousand
or some stupid thing. It was obviously, in my opinion,
worth much much more, and a very thoughtful jury came
back and allowed one point three million. And so it's
(13:22):
just so gratifying and for such a wonderful senior citizen.
Speaker 2 (13:25):
So anyway, if I can truly not Dan, I have
you know, ridden with you over these last seven years
and time and again you've come back with these types
of results. And my question always comes back to the following.
Doesn't capitalist law get a reputation and the good word
spreads and an insurance company like this one is aware
(13:47):
of the fact that all you do is win, and
they go, you know what, not worth our time, not
worth our effort, not worth the tribulation.
Speaker 1 (13:55):
What do we gotta do to settle? Why does that
not happen more often? See that's a great question, and
it does a lot with a lot of different carriers.
But here's the thing, and I'm just giving you my
opinion on this. I can't prove this next point. This
is just my belief after forty two years of doing this,
I think you've got a bunch of carriers now that
say we're just going to do this to everybody. And
(14:18):
then if a certain number of them decide to fight
us and they go beat us big a trial, god
love them. We'll write them that big check. But we're
still going to come out light years ahead because we've
just I'm trying to think of an appropriate word here,
we've just saved a whole lot of money on all
these other people we didn't pay fairly. That that's my
(14:40):
personal opinion on what some companies do. There are a
lot of companies out there who I believe, you know,
they never say these words to us, but you can
see it now they behave They say, Okay, you guys
have proven you've got you'll go to trial. You've proven
you know how to win. It doesn't guarantee you're going
to win every time everywhere, but I mean, this is
what my fifth or sixth time to trial this year.
(15:03):
When you look at how often the quote trial lawyers go.
There are some real trial lawyers in Colorado do go often,
but most people who say they're trial layers. How often
do they really go to trial? It's like my fifth
or six time to trial this year. So yeah, I
get some carriers who say, okay, you guys will go
you know what you're doing, You got these results, and
then they step up and they do what they should
(15:24):
so peace through strength. Yeah, you're right, Ryan, And that's
that happens with some carriers in a bunch of cases.
But then you got the others who just say, yeah,
we're just gonna blank them all. Yeah, yeah, that's what
I mean. We're gonna blank them all, and then you
guys can go pop a big verdict. And then we've
been very very blessed to pop a lot of big verdicts.
(15:46):
It's just dark and cynical from their perspective, and obviously
I'm just giving you one guy's take on it. But
our job is just that person we believe in it's
a righteous case. If that carrier is low balling them,
our job is to go try the case then and
let a jury decide. And fortunately, once again, a really thoughtful,
(16:07):
hard working jury you know, did justice this time in
Colorado Springs three at three seven, three eight two five
five The number text D A N five, seven, seventh,
three nine. And I'm sorry I made this segment all
about quote me, but it really isn't about me. It's
about broader things that affect a lot more people. And
there were so many people involved in injustice being done here,
(16:30):
you know, starting with the judge and the jury, and
you know, my law partner and everybody else. But it's
just it's so incredibly fulfilling to see this seventy nine
year old woman who has to come back into court
because the first trial we were down to five jurors
and they wouldn't continue, the insurance company wouldn't finish the trial.
(16:53):
She comes back into court and she just beats them,
and she should. I mean, we won on the facts,
we won on the law. We don't want but to
see this seventy nine year old stand up to this
giant insurance company and to see our whole office pour
their hearts into it and fight the way everybody fought
that that is so cool. Now here's what I want
(17:16):
to do. Game plan going to come back, and I
want to play this piece from KUSA because this is
another example what I was just talking about. Our firm
isn't involved in this, but this is some school districts
standing up to CHASS, the private organization that oversees high
school sports in Colorad don't say no, we are not
going to allow boys and men to play against our
(17:41):
girls and young women in high school sports. And they
stood up and they want they want CHASSA back down.
And I want to dive into that story because I
think it's important on multiple levels. And by the way, Ryan,
one of the biggest ones being don't give up. Yeah,
it's real hard to win statewide races right now. Doesn't
(18:01):
mean the Republicans can't win the governor's race or the
Senate race in Colorado in this cycle, but you don't
have to be able to win the statewide races to
still fight well and to win in different ways, and
maybe not every time everywhere, you know, but it's and
I think I'm paraphrasing, who is it here? Ryan helped
(18:22):
me out? Is it mother? Teresa Saint Francis. I'm trying
to remember I should know this. Who said, listen, God
doesn't call on us. We're not called to win every fight.
We're called to fight the good fight to the best
of our ability. And yeah, you want to win every fight,
(18:43):
and you devote yourself to that. But it's the fact
that the odds are against you is no excuse to
not fight. You're on the Dan Caplis Show.
Speaker 4 (18:56):
You're listening to the Dan Caplis Show podcast.
Speaker 1 (19:00):
You're here. Hey, Federal court just a few minutes ago
issued and order deny Tana Peter's request for federal order
that would release her from state prison. Here's what I
want to do. I don't just want to work off
the news stories here. I'm trying to get the orders.
So I've written back to my office and ask them
to go get the order itself and shoot it to
(19:23):
me so I can read it during the next break
and then talk with you about it. Because so often,
excuse me, there's more in these orders than just what
appears in the headline. So that's no knock on any
reporter doing any of these stories. I've just been practicing
years law for forty two years and served as a
legal analyst for some pretty major networks for a while,
(19:46):
So I just I know this drill, and I want
to see the order itself before I talk with you
about it. So yeah, that's my goal now, is to
get my hands on the order itself and dig into it.
You know the federal magistrate judge who entered the order
to be very very intelligent and thoughtful, just kind of
(20:07):
down the middle, very fair and balanced judge. And so
I just I want to go through the order itself
and get the fine points. So if I can get
that analysis to you before five, I'll do that. If not,
I should have it to start that five to five segment.
In the meantime. Plenty to do here, Ryan, I think
(20:29):
I just heard Dan give the best speech on why
Dan Kpla should run for governor of Colorado. What do
you think, Andy, Andy, you are such a good man.
Thank you for those kind words. Dan. My name is John.
I had two boys and went and played Division two football.
One was a two time state champion wrestling. And to
be able to switch schools because you think it makes
it good for them, I disagree. You don't just move
(20:49):
schools because you want to play on a winning team,
and that's what these kids do. College will see you
even if you're good, even on these other teams. Not
everybody has the money to do that. So no, it's
not okay that just a few of them can do
it because they have the money. Thank you, for that
thoughtful note. And I understand the concern out there that
if you allow, as I believe should be allowed, these
(21:10):
high school kids to transfer to the schools they want
to transfer to, whether it's to play sports for anything else.
I understand that you can get some negatives to that.
I respect that, but I just think in the end,
what we need to be oriented around is the best
interests of the child. And if you have a child
who their passion is this sport or that sport or whatever,
(21:33):
and they think they're going to get more playing time,
they're going to have a better opportunity at some other school,
why would you stop that, especially in an era where
kids have all of these threats out there to them,
whether it's drugs, which is an issue no matter what
income level, no matter where somebody goes to school, whether
(21:55):
it's drugs, whether it's gangs and drugs, whether it's this,
whether it's that. I thought it was supposed to come
back to the best interest of the child. So that's
why I just think it's crazy we don't allow these
kids in high school at least just one free transfer.
You decide you want to go to high school X.
It isn't working out your passion. You're a good kid.
(22:16):
You're not out there doing drugs. You're not doing this,
you're not doing that. You love that sport. But for
whatever reason, you're not going to get your opportunity at
school A. Or maybe all of a sudden you've just blossomed.
Maybe you started at school A when you were five
two and one hundred and thirty pounds. Maybe you're a
junior and you're you know, six three and two fifteen,
(22:38):
and you know what, you're thinking, Hey, maybe I can
go to college this way and everything else, and you, yeah,
I don't. It's supposed to be best interest to the child, Dan, Ryan,
I hope I don't have that senior's insurance company. Dan.
Enough about you. Please ask Ryan when he starts Chaos
six to ten am full time, Young Ryan. I think
(22:59):
I texted you about that today as well. You did.
Speaker 2 (23:02):
I'm doing all this week double duty. Burned the candle
at both ends, so a determination has not been made, but.
Speaker 1 (23:10):
Just stop steps hot if and that's what prompted me
to text you from court today. If you're not going
to be the guy, then why are you doing it
all this week? Because they've had many very very talented
people doing that morning show at different times. Well, full disclosure,
you know I do get paid on a per.
Speaker 2 (23:30):
Show, above and beyond basis by iHeart to do those
morning programs. And I think it just made sense and
it way I'm here in the building. Okay, follow the money,
but you're very good at it.
Speaker 1 (23:41):
All I'm saying is they've got they've got all these
other really talented people who've been covering that morning since
Michael Brown moved over to kaw Chaos. By the way,
y wait, which I'm doing the show from Denver day,
so he's about ten steps across the all, that's right. Yeah, yeah,
I just like the first part of that text. Enough
to you, Dan, I think you should rename your show
(24:03):
Capitalist and shooling or maybe shooling and reams. Thank you
for putting it nicely. Most people just say quit, leave, die,
do something else, Dan, testing for COVID has never been worthwhile,
As you just outlined sense. The way you react to
the symptoms is the same whether you know it's COVID
or not. The only reason I tested for today was
(24:26):
I was going to court. And if I think, and
I'm very fortunate I don't get sick God, please forgive
me for saying that. But all I'm saying is, yeah,
I've been in trial. I'm going back to quit now.
Our jury was deliberating this morning. But yeah, just to
be responsible, I'm going to test before I go to
court and when I'm feeling really bad, which is rare
(24:47):
for me anyway, let me get to this nine news story.
But I was ton Amy on the way back from
court today after getting that wonderful jury verdict that I'm
just a big believer. I don't know if this works
for you, and I know it doesn't apply to like
really serious illnesses, But when I am sick, as long
as I'm not going to make other people sick, I
(25:08):
just want to get up and go. I want to
keep a normal schedule. I want to go to work.
And I think, isn't that the same for you?
Speaker 2 (25:15):
Ryan.
Speaker 1 (25:15):
That's the way you feel better, not laying on the
couch at home thinking, oh what hurts now? No, you
want to go out and you want to go to work.
Here's this Channel nine version of this story on this
tremendous victory won by some Colorado schools against this just
true insanity of saying that boys can play girls' sports Well.
Speaker 5 (25:36):
The group that governs high school sports in Colorado has
agreed not to sanction certain schools and teams over their
policies on transgender students. This is part of a settlement
between CHASSA and conservative leaning school districts like Colorado Springs
Districts forty nine and eleven. The settlement says SHASSA can't
sanction schools that separate teams by biological sex or create
(25:57):
policies that impact transgender appas leads. In return, the districts
will have to pay CHASSA sixty thousand dollars to make
up for money lost during litigation. CHASSA told us the
lawsuit is unnecessary and performative since they have never sanctioned
a school for policies related to transgender athletes in a
statement District forty nine, so the settlement is a major
(26:18):
step forward, But a civil rights lawyer told us it's
far from that, and.
Speaker 3 (26:23):
It is pretty far from a landmarker what I would
even consider a significant victory. It doesn't affect the rest
of the case, and it doesn't affect the state of
Colorado's right to continue to enforce its anti discrimination losts.
Speaker 5 (26:39):
So CHASSA has settled, this lawsuit isn't over. On Monday,
the remaining defendants, including agfil Wiser and the Colorado Civil
Rights Commission, have a hearing to try and dismiss the suit.
Speaker 2 (26:49):
See.
Speaker 1 (26:50):
I think this is an enormous victory. Who administers high
school sports in Colorado, chass it does. And for CHASA
to say, yeah, no, we're not going to try to
punish you if you say no boys and girls' sports,
I think that's a big win myself. And the bigger
point is just that, Yeah, Colorado's a tough nut right
(27:11):
other than maybe Chicago, La, New York, and may be
about the toughest place in the country to fight the left.
But there are still some ways to make progress. And
I'm glad that District's forty nine and eleven dug in
and fought.
Speaker 2 (27:26):
Just real quick, Dan, because you and I have both
big sports guys, and of course your son Joe, a
prolific football player in this state, a state champion. What
this does is it allows these conservative district to say
we're not going to allow biological males identifying as female
on our own schools teams. But what it doesn't address, Dan,
is that the other liberal schools that choose to do that,
(27:48):
they can still send transgender individuals who are on the
female sports teams into competition. And the only thing a
conservative school district can do in response to that is forfeit.
They can va can't it. They just can't be punished.
So it's a partial victory. I agree. We've got a
lot further to go on this.
Speaker 1 (28:04):
Oh heck yes, heck yes. And all I'm saying is
take the incremental victories where you can, fight where you can.
I mean, we're in this kind of pasture in Colorado
where the left controls, you know, obviously every left controls
state government, left controls denver, et cetera. Just fight and
win what you can as often as you can wherever
(28:26):
you can, because what's fatal in the end is despair.
We just can't give up and say ah, state's too
tough the climbs to steep. No, And so I respect
these districts for fighting and winning what they can when
they can. So again, working hard now during this break
as well to try and get my hands on the
(28:48):
actual order issued a few minutes ago by a respected
federal judge magistrate judge in the team of Peter's case,
denying the effort to get the federal court to step
in at this point and release Tina Peters. But I
want to read the order itself before I dive into
this one way or the other, we're going to talk
about it. You're on the Dan Kapla.
Speaker 4 (29:09):
Show and now back to the Dan Kaplas Show podcast.
Speaker 1 (29:15):
Thank you for that, Ryan four fifty two. But it's
really all about our clients. So proud of our seventy
nine year old client took on a major insurance company,
her own insurance company, which had refused to pay her
her full policy benefit after a serious injury. We went
to the first trial and then it mistried during the
middle of the case when we lost too many jurors
(29:36):
and the opposing party has the if the parties agree,
you can continue with five jurors sitting there with a
seventy nine year old client and seventy eight at the
time she turned seventy nine. A few weeks later, we're
down to five jurors because of illness, and this big
giant insurance company would not continue the trial. Every other
(29:57):
trial I've had my forty two years where we get
down to five jurors both sides just say, hey, everybody's
poured so much into this that the jury decides not
this big insurance company. They said, no, we're all going home,
and she's going to have to come back again. And
she did come back last week, and we fought and
fought and fought and got a jury verdict today and
jury allowed her one point three million dollars. A very thoughtful,
(30:20):
hard working jury, and justice was done. And I'm just
so proud of this wonderful seventy nine year old woman
who is a fighter.
Speaker 2 (30:28):
Two things, Dan, as I try to put myself in
your shoes along with Kellner your whole team. How agitated
were you guys at that fact that you just mentioned
we're not going to go forward with the five jurors.
How many expletives were uttered? And how tempted are you
right now? But it's to serve our listeners to name
this insurance company.
Speaker 1 (30:47):
Do you have a calculator on the exploitives? I mean,
imagine this, You're sitting in court. This woman when she
was seventy six, she has her neck badly broke, like
really badly broken. Her own insurance company won't pay her
(31:08):
full benefit. And then we go to trial and then
it gets down to five jurors and they say, no,
we're not willing to continue your honor. Yeah that there
were there were words I am not proud of. Not
spoken in the courtroom. Of course, we have too much
respect for the process, but in our heads and amongst ourselves.
But what you do is right. You just channel that.
(31:31):
And she she is so courageous. What a fighter. And yeah,
she's been insured by this insurance company for over forty years.
I think she said, yeah, you're not something. Name them.
She's she's a fighter. See I would name them, that's me.
I don't know. Well, I'm pettying. Yeah, I think I
(31:53):
could refer people to the pleading state. My only hesitation
is to name her because if I was for people
to get fleetings, I'd have to understood yeah and so,
but uh not that I think she'd mind that. I
should just check with her. But until I have her permission,
I'm just saying I'm so proud of her at seventy
(32:14):
nine to say no, I'm going back into court and
fight and trial for a week. But we are so
fortunate to live in this country, in this system. Three
out three seOne, three eight, two five, five, five, seven, seven,
three nine, Because you've got you got six good men
and women from all walks of life in Colorado Springs
who got together in a courtroom for a week and
(32:35):
they hurt all the evidence on both sides. And you
can be sure this big insurance company could afford to
call in lots of doctors, put on whatever evidence they wanted,
and then the jury decides. It's a beautiful thing. All right,
My friend Tina Peters, why let people know what you're
going to see as this headline. I want to take
a little deeper than the headline, and you're going to
see this headline all over the place. Federal court denies
(32:58):
Tina Peters's latest request to leave prison. And this just
came down a short time ago this afternoon. But I
want to let you know about something that you're not
likely to see in a lot of news stories. To
the Denver Post credit, it was in the post story,
but this version of the story out of the Post.
The latest attempt by former Mesa County Clerk ten of
(33:19):
Peters to secure release from a state prison fizzled out
in federal court Monday. Chief Magistrate Judge Scott Verhollock of
the U. S. District Court of Colorado said he lacked
the authority to release the former elected official while she
attempts to appeal her twenty twenty four state conviction for
election related defenses. Attorneys for Peters had sought the release
(33:39):
earlier this year, well Judge Verhallick considered the request. In
recent weeks, her legal team had argued separately that the
former clerk should be released because she was too ill,
because her mother was in the hospital, because she was
being held in solitary confinement. Now here's what I want
to make sure you hear. And again credit to the
Denver Post for including this in their story, because I'm
(34:02):
looking at a lot of other stories out there now
that do not include this important part of the judge's order.
And before I read this, just go on the record again,
because we haven't talked about this in a while. I
am not, in any way, shape or form trying to
justify the underlying conduct by Tina Peters, not at all.
And I am not sitting here trying to dispute the
(34:22):
jury's finding there or anything like that, not at all.
I just think that virtually anybody looking at this would
have to say, nine years, nine years with her age
nine years, lack of a criminal record, and police steps
(34:43):
in so that the mass killer on the highway, remember
those five people who were burned up in their cars,
because the trucker knew his breaks are bad, decided he
was going to continue anyway. The jury convicted him very
quickly because he was obviously guilt. He was sentenced to
one hundred years under Colorado law. Polus steps in after
(35:04):
Kim Kardashian whispers in his ear, and steps in and
bypasses the judge, jury, everything else. And now this guy's
likely to get out in five after burning to death
five people on our highways, and she gets nine. So
all I'm saying is, I'm not justifying her underlying conduct,
but this sentence. So I'm going to read you what
(35:25):
the judge said in full
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
My Favorite Murder with Karen Kilgariff and Georgia Hardstark
My Favorite Murder is a true crime comedy podcast hosted by Karen Kilgariff and Georgia Hardstark. Each week, Karen and Georgia share compelling true crimes and hometown stories from friends and listeners. Since MFM launched in January of 2016, Karen and Georgia have shared their lifelong interest in true crime and have covered stories of infamous serial killers like the Night Stalker, mysterious cold cases, captivating cults, incredible survivor stories and important events from history like the Tulsa race massacre of 1921. My Favorite Murder is part of the Exactly Right podcast network that provides a platform for bold, creative voices to bring to life provocative, entertaining and relatable stories for audiences everywhere. The Exactly Right roster of podcasts covers a variety of topics including historic true crime, comedic interviews and news, science, pop culture and more. Podcasts on the network include Buried Bones with Kate Winkler Dawson and Paul Holes, That's Messed Up: An SVU Podcast, This Podcast Will Kill You, Bananas and more.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com