Episode Transcript
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Speaker 1 (00:00):
Joining us from beautiful New Hampshire. He is Derek Wilburn.
Not only is he a member of the D twenty
school board, now he is a longtime rabble rouser and
conservative activist. And uh, he is doing something that I
think deserves a plod and it would go a long
way towards tamping down some of the nastiness in our
(00:22):
political discourse. And he's he's sitting on the side of
a lake right now. Derek, do you do realize that
you're sitting on the lake that is home to one
of my favorite movies of all time?
Speaker 2 (00:33):
What about Bob?
Speaker 3 (00:35):
My wife and I are going to watch it tonight.
Speaker 2 (00:38):
Have you seen it before?
Speaker 3 (00:40):
Oh? My goodness, so at least two dozen times?
Speaker 2 (00:43):
Get good good.
Speaker 1 (00:44):
I just although I did just look it up, they
did not film.
Speaker 2 (00:48):
It there, So you're gonna be able to be like,
what this is?
Speaker 1 (00:51):
It make winnipeesake? No, We're yeah, fabulous movie. But uh,
let me let me ask you. You're on vacation now,
but you earned a vacation. I'm gonna let you kind
of lay out what's happened, you know, recently, And I
did put a story that I think is from Karado
from some time ago, kind of with the backstory. But
(01:13):
I'm sure that when you decided to run for the
school board you never thought you would find yourself on
the plaintiffs side.
Speaker 2 (01:18):
Of a slander suit, and yet here you are.
Speaker 3 (01:22):
No, of course I didn't. And there's a longer story
to answer your question about where we've been through to
earn a vacation. We'll talk about that next time you
and I get together. But we had a cancer diagnosis
between my life and I, and then I was diagnosed
with a brain tumor. We survived it all in the
last two years and it was just time to get
out of dodge and relax. But more to more to
(01:43):
your point, I have been called a child sex predator,
a rapist, accused of being sexually aroused by children, and
on and on and on for two years ever since
I won my school board election. I said, you know
what you've got to do sometimes is punch a bully
in the mouth, and I lawyered up and sued. That's
(02:07):
the short of it. You can't run around calling people
sex child sex predators when they've never been accused of
a crime, never been arrested, never been incarcerated, never been tried.
The only thing I've got on my record is a
speeding ticket from nineteen ninety five. That's it. That's it.
I'm a motorcycle in California. And there was a constituent
(02:27):
of mine, a woman named Bernadette, who's been calling me
a child sex predator for two years. And I said,
I'm going to put an into it, and I lawyered up,
and here we are.
Speaker 1 (02:37):
So, Derek, let's go back to the beginning, because I
said earlier in the show, I'm like, this woman appears
to be a school board activist of some sort. In
I don't hate school board activists. I want people to
go to school board meetings and hold school boards accountable. Right,
I'm not using that as a majorative, But how is she?
Is she at every meeting? What got her involved in
(02:59):
the first place? What brought her to your knowledge? And
I'm just asking to speculate here. Why has she becoming
such a persistent thorn in your side?
Speaker 3 (03:07):
She's been at school board meetings as have I for
years and years and years. I was going to school
board meetings long before I was elected to the board,
and she has been too. And frankly, we had a
pretty coldual relationship up until I got elected. The genesis
is during the campaign we had three candidate forums, actually
two because the two leftists refused to show up to
(03:28):
one of the forums because it was being held inside
of a church. But at one of the forums, I
anticipated a question about books. We all know that's a
hot topic. The left wants these sexually explicit books and
everything else in our schools. I don't. We don't. So
I knew i'd have the microphone in my hand and
there's nothing they could do to stop me. So I said, okay,
here we go, and I read out loud from some
(03:50):
of these books that are that are in our schools.
And it was ugly. It was nasty, it was vulgar,
it was profane, It was everything you think it is. Interestingly,
left doesn't have a problem with the books being in
our schools, only with me reading from them. Yeah, I mean,
I read it out loud. I had the mic. I
knew they couldn't stop me, and I just read it
out loud and said, you know what, ladies and gentlemen,
(04:11):
if you elect me to the school board, I will
not be spending your tax dollars to provide our children
with this filth. That's how it all started.
Speaker 1 (04:21):
And since then, she says that by reading in that
school board meeting, you sexually assaulted her daughter. Is that
what I read in one of these news articles?
Speaker 3 (04:31):
That's loosely what she's saying. So sexually assaulted her daughter.
And it's just been it's gotten worse and worse and worse.
I can't turn around without being called these things school
board when she comes to the meetings and reads from
the podium, and we can't respond, right, all we can
do is just sit there and calls me sept predator
and unsafe to be around children. And she made up
(04:53):
a quote from casby the Colorado Association of school Boards,
posted it online, been posting in Facebook for two years,
which is the most public venue imaginable false quotes, filed
a police report against me, then claimed that I was
being investigated by the police. Right, filed a complaint with
the district Attorney's office, then claimed I was being investigated
(05:16):
by the district attorney. That's not how it works, right,
That's not how our system. Imagine if you could just
go to the DA and say, right, I want Randy investigated,
that's not how it works. First and arrest has to
be made. Zannik has referred to the District Attorney's office
for potential prosecution, so she's been over the top of
this stuff. We had our first hearing in front of
(05:36):
a judge three or four weeks April eighteen or nineteen.
The judge absolutely destroyed her motion to dismiss and looked
more like something I would have written and threw the
case out. So she's decided to appeal, and now we're
waiting for an appointment with the appellate Court in Denver.
Speaker 1 (05:54):
So you know, Derek, this would have been so much
easier if you weren't on the school board. I mean,
I'm sure you're Ernie has told you that as soon
as you become an elected official or you're considered a
quote public entity, proving slander is really challenging. But you
guys have already gotten an encouraging word from the judge.
Speaker 2 (06:12):
Correct.
Speaker 3 (06:13):
Correct. Colorado has a provision called anti slap. The long
short of it is the bar is higher when you're
an elected representative. You have to prove damages and much
more excess than if you're just a John Q. Citizen.
And the judge wrote a decision that I mean, it
was so strong it just destroyed anti slap And if
(06:37):
I were in her shoes, I would appeal too, because
the next step is to put it in front of
a jury, and when, if, and when it happens, not if,
when it does happens, any jury it's going to say
you can't run around calling someone a sex predator, a
child sex predator in public. And she's going to lose.
And she knows that. But you're absolutely right. It's a
higher bar for elected representatives. And I have cleared it,
(07:00):
and cleared it by a substantial amount.
Speaker 1 (07:02):
Somebody elked on the tech line. Is she is she
against removing these books from the library? Is that is
that part of the issue. She's on the other side
of this politically absolutely rightful.
Speaker 3 (07:15):
All are against removing these books from the library. They
call it book banning, which always cured me up, as
if the idea that a book, if it's not available
in a public school library, is therefore somehow banned. I've
said from the get go, from before I was running
for office, that look, if you want your child reading
this sort of material, none of my business, none of
(07:38):
my business you do. You you parent your way, I'll
parent my way, but don't ask me to pay for it. Right,
if you were your child to have these books, fine,
none of my business. Go to Barnes and Noble, go
to Amazon whatever, Go to the public library.
Speaker 2 (07:54):
They're in the public library.
Speaker 1 (07:56):
Well, lots of un Let me ask this question, Eric,
because this seems to me to be a real sticking point.
Okay from I'm trying to put myself in her logic position. Right,
She's arguing that you are a sexual predator because.
Speaker 2 (08:12):
You read these books.
Speaker 1 (08:13):
But she wants the books to still be available to teenagers,
so why so they could be violated as well.
Speaker 2 (08:20):
You see the logic lack here.
Speaker 1 (08:22):
I'm genuinely curious if that has been asked or address
by her at all.
Speaker 3 (08:27):
Yeah, it has, so, the point being, I did not
read the books for the purposes of personal gratification. Absolutely.
Anybody who knows me knows that. You know, as parents,
our resumes are walking around the face of the Europe
right right. Anyone who knows my kids and knows their
(08:47):
accomplishments and what kind of children I raised knows I
did not do this for the purpose of self gratification
or personal gratification. I did it for the purpose of
identifying to the community how your money is being spent.
But there were and to tell you the truth, Nandy,
there there were children present at this forum. Not a lot,
(09:08):
but there were some there. And if I could back up,
if I could use a time machine and go back,
I probably would have edited my own words, or at least.
Speaker 2 (09:16):
Because I was going to say.
Speaker 1 (09:18):
If it were me Eric, I would have said, I
am going to read some of these books that I
believe are inappropriate. If you have children, you should probably
take them out of the room. That's how I would
have done it.
Speaker 3 (09:29):
I did. I didn't say take them out of the room.
I didn't go that far. I said, I apologize for
what you're going to hear. I'm not a As long
as you've known me MC, you've never heard me drop
an F bombs either of anybody else up until that night,
because they don't swear. I don't believe in it. So
I said, hey, I'm sorry for what you're going to hear.
But here it comes, and I read it. And if
I could do it again, i've had a time machine.
Instead of saying it, I would have said, mfer or
(09:51):
something like that. I want to avoid all the suits
that we're in right now. But I don't have one
of these. I don't have a time machine.
Speaker 2 (09:57):
Correct.
Speaker 3 (09:57):
So the very idea that having done so makes me
some sort of a child molester is clearly, in the
view of the judge defamatory, slanderous, wibeless. You can't go
around doing that to people. And so I lawyered up
and here we go.
Speaker 1 (10:15):
So let me ask this question, what sort of resolution
are you looking for? I'm guessing this woman is not
someone with incredibly deep pockets. The phrase judgment proof is
sort of rattling around in my mind in terms of
monetary damages. What are you realistically looking for? What could
you realistically get out of this case?
Speaker 3 (10:36):
Now, you know better than just about anyone. I know
that I'm not going to answer that question.
Speaker 2 (10:41):
I just thought.
Speaker 3 (10:42):
I just thought I would before you asked you to,
while I was gonna is not going to answer that question. Yeah,
So I don't know. I mean, it's it's active litigation, right.
So she strikes me as a sort of individual who's
going to dig in her heels and she's in it
till till the end, and sow, I my reputation has
been damaged when I ran for school board and this
(11:04):
is November. Election was November of twenty three. I had
endorsements from United States congressman, not just from Colorado, our
former mayor, our former sheriff. You know, I've got relatively
deep political connections. And all these people were contacted saying
did you know that you're endorsing a child sex predator.
(11:27):
That's that's problematic in a number of ways. I have
a reputation to protect as well. So what it looks
like at the end of the line, once a jury
comes back and says we find for the plaintiff. I'm
not going to get into that now, and frankly I
couldn't because I don't even know.
Speaker 1 (11:42):
Right right, well, let me ask you this, are you
guys in d twenty now that you're on the board,
are you working on a library policy? What has come
of your promises that you gave to parents to say, look,
we're not going to have this sort of graphic material
in our libraries.
Speaker 3 (12:01):
We have crafted a much better policy in my opinion,
the way it's everything is processed related. Of course, if
you can't just come in and say we're changing everything,
because it's administrati there's administrative policy and there's board policy, right.
The administration is responsible for the day to day running
of the schools. So in my view, it's it's not right, proper,
(12:21):
or correct for a board to just come in and
tell the administration this is not how you're going to
do it. Now we work more behind the scenes and
manage the superintendent, who in turn puts his or her
thumbprint on the district. The policy we have now in
place in D twenty is much stronger, is much better.
I don't think it's perfect. We've got a little ways
to go, but you've got to crawl before you crawl.
(12:43):
Baby steps, right, you got to crawl. Speaking of what
a bol you got to crawl before you walk. Uh.
And it's better. It is going to continue to improve,
and the community is behind us. I mean, by and large,
mister and missus John Hugh citizen. They don't want their
children sitting around uh it having access to these things,
or if they do, they understand that not everybody does.
And maybe we should do that personally than leaving that
(13:05):
responsibility up to the school district. So we have community support.
Speaker 1 (13:09):
Well, Derek, I'm glad you're doing this, and I said
it before you came on in my mind, Unfortunately, the
only thing that is going to make people check themselves
are lawsuits like this, right because right now, the incentive
to be vitriolic and nasty is really high because everybody
retweets your stuff on Twitter or you know, they they're
(13:30):
sharing your stuff on Facebook, and you know, I think
people do this. And I don't know a single thing
about this woman. I know nothing about her, but I
think that once you start to get traction, there's a
temptation to sort of escalate your your your you know,
your your verbiage and make it worse and more extreme.
And perhaps she got caught up in that, or perhaps
(13:53):
she just isn't very bright and doesn't realize that this
stuff is defamatory and she's going to have to learn
a hard lesson.
Speaker 2 (14:01):
But maybe if more people started.
Speaker 1 (14:03):
Saying, wait a minute, I'm not going to let you
get away with this, it would force other people to
sort of say, hmmm, is it really worth it to
come after this person online. Unfortunately, these sorts of lawsuits
are very expensive, and that's where you're finding yourself now.
Speaker 3 (14:18):
They costs a lot of money, and you've hit the
nail right on the head. So she's said all along.
All she wanted was two things, an apology and for
me to stay away from her daughter's school. She's gotten
both of those things. At the very next candidate forum,
I offered a very heartfelt and sincere apology, cameras rolling
the microphones up, turned on, and I have not been
to her daughter's school one time since I've been on
the board. I don't want to traumatize anybody's daughter. Why
(14:39):
would I want to do that. So the two things
she's claimed she wanted, she's gotten. The only thing I
wanted was tr you to stop running around saying these
things about me, and you do that by serving the
season to asist. She brings the season to Asist two
of the school board meeting, reads it out loud, and says,
I'll spend the next ninety seconds retracting everything I've said
about Derrek Wilburn and stands they're in pen drop silence
(15:01):
for ninety seconds, which is a law.
Speaker 2 (15:04):
Okay, that's what.
Speaker 3 (15:06):
In other words, everything I've said about him, he's a child,
sex better, et cetera. It's all true.
Speaker 1 (15:11):
So that is next level passive aggressive right there. I mean,
I got to tell you as a passive aggressive master myself.
That is next level passive aggressive. That that's not going
to play well in front of a judge.
Speaker 3 (15:25):
It didn't, It didn't. This This judge has made it
quite clear where he stands on the anti slat motion
to dismiss. We'll find out where he stands on the
awarding of damages once a jury brings back their verdict. Right,
that could be a year from now.
Speaker 2 (15:41):
Right, right, So let me do this.
Speaker 1 (15:44):
Derek actually has a gifts end go account if you
would like to support him in this endeavor. And like
I said, I hate it that this is where we are.
But I think that other than walking up and stocking
people in the nose, which I do not endorse in
any way perform, I'm not sure what people can do
to stop the level of nastiness that we see on
(16:08):
a daily basis in our political dialogue. And so maybe
it is going to be things like this that are
required to bring people back in check.
Speaker 3 (16:17):
I'm with you, MC, I mean, I don't want this,
I don't need this. I don't have time for this.
I just want to see children get the best education
that they can. Right. At some point, you've got to
stand up for yourself. I mean at some point you've
got to say, look, we've crossed the line, and I
hate this and I don't want this at all, but
you've got to defend yourself at some point, and we
simply reached to.
Speaker 2 (16:36):
That point, correct, Derek Wilburn. Go back to your vacation.
Speaker 1 (16:40):
I've put the link to your goat Give Give Send
Goo account on the blog, along with a link to
an article from the Gazette down in Colorado Springs that
gives a little more of the backstory, although I think
we covered it really well. Go enjoy your vacation and
we will share updates as you make them available to
me about where this whole thing is headed.
Speaker 3 (17:00):
Don't mind if I do, and if I remember correctly, MC,
you ob a bowl of General Tale's hike, Dagan.
Speaker 2 (17:06):
I do call me when you get back in town.
Speaker 3 (17:09):
See ya.