Latest trial over Broncos ownership delayed until 2021 due to COVID-19

Photo by Joe Robbins/Getty Images

The saga will continue.

The Sept. 1 trial over the ownership of the Denver Broncos has been delayed until 2021, a source told Mile High Report. The Denver Post and Mike Klis have also reported the delay, citing COVID-19 concerns of doing an in-person trial.

Judge John Scipione delayed civil trial between two oldest Bowlen daughters and Bowlen trustees for 2 reasons:
1. All sides agreed can't do in-person trial during COVID.
2. Judge says Webx technology inadequate for this type of trial.
New trial likely early spring 2021. #9sports

— Mike Klis (@MikeKlis) August 7, 2020

The trial that was to begin Sept. 1 is the latest in the Broncos’ ownership saga that has been brewing since the late Pat Bowlen stepped down from day-to-day management in 2013 because of an Alzheimer’s diagnosis.

Depositions had already been conducted remotely because of COVID-19 and the next phase of disclosing witnesses had begun.

The latest case was brought by Bowlen’s two daughters from his first wife Sally Parker - Beth Bowlen Wallace and Amie Klemmer - who argue that their father’s original wishes for team ownership have not been followed by the Pat Bowlen Trust that was established to be the transition while a suitable heir was determined.

Current Broncos’ president/CEO Joe Ellis is one of the three trustees along with team counsel Rich Slivka and Denver attorney Mary Kelly. The three trustees are tasked with selecting one of the seven Bowlen children as the controlling owner or selling the team to another buyer.

Even the abridged version of the drama over this task is messy, as Nicki Jhabvala reported for The Athletic last month, but here it is:

The three-person trust was created in March 2009, along with Pat’s will and general power of attorney to Ellis. This replaced a previous trust established in the early 90s and last amended in 2005.

Wallace and Klemmer, joined by Pat’s younger brother Bill, have gone to court multiple times in the last two years to contest the current mode of operation for selecting a new controlling owner.

Trustees have long favored Brittany Bowlen-Kim, daughter from Pat’s second marriage with Anabel, once she has gained enough experience in the Broncos front office. Bowlen-Kim has been working as vice president of strategic initiatives since last December.

But Bowlen Wallace has stated an interest too and claimed she is a better fit according to criteria set forth by the trustees.

In the current case to be argued in the spring of 2021, Pat’s daughters and brother argue in court documents that Pat was diagnosed with Alzheimer’s long before he signed his trust and so could not have fully comprehended the power he was giving to Ellis and the other trustees.

The trustees have argued that Pat knew what he was doing when he signed it in 2009.

Of note if the case is not settled out of court before going to trial next year, previously sealed documents will be made public, as Jhabvala has pointed out.

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