Boyles accepted Voorhis defender's version of trial testimony without noting omission of key information Rocky reported

Summary: Discussing the trial of immigration agent Cory Voorhis, Peter Boyles on April 4 failed to question the account of his guest, Mike Riebau, regarding court testimony from a Republican researcher in the case, even though Riebau's version omitted relevant testimony reported in a Rocky Mountain News article of the same day.

Discussing the trial of Immigration and Customs Enforcement (ICE) agent Cory Voorhis on April 4, 630 KHOW-AM's Peter Boyles uncritically accepted retired immigration agent Mike Riebau's version of federal court testimony by a Republican researcher, despite an April 4 Rocky Mountain News article that reported significant related testimony Riebau omitted from his remarks. While Riebau said that Bill Winkler was worried about misidentification of a criminal charge that was highlighted in the Republican attack ad at the core of the Voorhis case, he did not note -- as the News reported -- Winkler's testimony about his concern that the ad did not accurately identify the accused criminal it featured.

According to the News, the Colorado Republican Party hired Winkler, whom the News identified as "a Republican Party contract researcher," to verify information that was to be used in an attack ad by 2006 Republican gubernatorial candidate Bob Beauprez. The ad accused his opponent, now-Gov. Bill Ritter, of allowing an illegal immigrant named Walter Ramo to plea bargain a drug felony charge down to a charge of agricultural trespass. The ad further asserted that Ramo was "arrested again for sexual abuse of a minor." Voorhis was charged in October 2007 with misusing his access to the National Crime Information Center database in an attempt to verify information that Ramo was the same man arrested for sexual abuse in California under the alias Carlos Estrada Medina -- information Beauprez's campaign later used in the attack ad.

Besides Riebau, who is listed as "consultant" to a legal defense fund established for Voorhis, Boyles' other guest discussing the trial was Glendale Cherry Creek Chronicle publisher Charles C. Bonniwell, whose newspaper supports Voorhis.

On the April 4 broadcast, Riebau stated that Winkler testified on April 3 that he "was upset" when the Beauprez campaign "really didn't confirm all the information the way he wanted to see it confirmed before they released the ad." Riebau further claimed that Winkler testified "he was concerned with the fact that the actual conviction out in California with Walter Ramo went from sex assault on a 14-year-old down to some other misdemeanor charge. And he thought the ad was not accurate at that juncture." The discussion between Riebau and Boyles later continued:

RIEBAU: Really, when I look at that ad -- and I've seen it so many times now -- I'd have to go back and really pay attention to detail, but I believe that it just says he was arrested. Now, if it said he was arrested and convicted of, then it is an issue. If you want to split hairs.

BOYLES: That's because, remember our friends on the Internet were saying, "Well, it didn't happen." Well, sure it happened.

RIEBAU: Oh, yeah. No, part of it -- the dope dealer part is ridiculous.

BOYLES: And the other part of it as well.

RIEBAU: Yeah.

BOYLES: And he was arrested for lewd acts with a child.

RIEBAU: Right.

BOYLES: And the family took off, so there wasn't any child.

RIEBAU: But he was concerned with the fact he was convicted of another charge.

[...]

RIEBAU: That's what Winkler was saying. "Can we put the ad out and hammer this guy when he was actually convicted of this other charge which was a misdemeanor?"

However, Boyles did not note the News article of the same day reporting Winkler had testified that he was concerned over the campaign ad's accuracy because of the possibility that Ramo was not the same person arrested on sexual abuse charges in California as was referenced in the attack ad. According to the News:

On Oct. 6, 2006, with Beauprez's campaign double-digits behind in the polls, [campaign manager John] Marshall was desperate to turn it around with information about the plea deal, Winkler testified. The ad was prepared and sent to stations ready to run but awaiting confirmation the information was correct, Winkler said. Then, Winkler, the party and the campaign received public record information from California that did not support the ad, Winkler said.

The Oct. 6 fax shows the names did not match -- Walter Ramon, not Ramo, was listed as the alias of Eugene Estrada, not Carlos Estrada Medina. In addition, the sexual assault charges against Estrada had been dropped.

Winkler testified he was concerned about the ad because under Colorado law, running an incorrect political ad can be a crime. Winkler said that's why he organized a conference call with Marshall, state Republican Party Chairman Hans Gullickson, party spokesman Bryant Adams and party attorney Ryan Call on Oct. 6.

"We had everyone sign off" on not running the ad, Winkler said, including Call.

Beauprez and Marshall could not be reached Thursday evening to respond to Winkler's testimony. Gullickson said he had no comment, and Call said he was ethically bound not to comment on privileged communication with a client.

Winkler said that on Oct. 10 he heard the ad was running anyway. Party chairman Gullickson called him to say it was causing a firestorm.

"I was floored," Winkler said. [emphasis added]

As Colorado Media Matters has documented, Riebau previously has made false or misleading remarks about the Voorhis case during Boyles' program and on KHOW's The Caplis & Silverman Show.

From the April 4 broadcast of 630 KHOW-AM's The Peter Boyles Show:

RIEBAU: You know, I'm jumpin' around, I had -- I had a little something to say about each one of these ones.

BOYLES: Please continue.

RIEBAU: Bill Winkler was the last one of the three amigos out of Pennsylvania, and he did surprise me with saying at the end of his testimony -- his testimony was very powerful too -- that he was upset that they really didn't confirm all the information the way he wanted to see it confirmed before they released the ad. They got very impatient and just ended up releasing the ad, even after lengthy conversations about, "Do we have what we need to have?" and he was concerned with the fact that the actual conviction out in California with Walter Ramo went from sex assault on a 14-year-old down to some other misdemeanor charge. And he thought the ad was not accurate at that juncture.

BOYLES: Yeah, because the people took off.

RIEBAU: Right --

BOYLES: The illegals took off.

RIEBAU: Really, when I look at that ad -- and I've seen it so many times now -- I'd have to go back and really pay attention to detail, but I believe that it just says he was arrested. Now, if it said he was arrested and convicted of, then it is an issue. If you want to split hairs.

BOYLES: That's because, remember our friends on the Internet were saying, "Well, it didn't happen." Well, sure it happened.

RIEBAU: Oh, yeah. No, part of it -- the dope dealer part is ridiculous.

BOYLES: And the other part of it as well.

RIEBAU: Yeah.

BOYLES: And he was arrested for lewd acts with a child.

RIEBAU: Right.

BOYLES: And the family took off, so there wasn't any child.

RIEBAU: But he was concerned with the fact he was convicted of another charge. That's what --

BOYLES: I see.

RIEBAU: -- Winkler was saying. "Can we put the ad out and hammer this guy when he was actually convicted of this other charge which was a misdemeanor?"

—C.H.