ARAPAHOE COUNTY, Colo. — A civil trial date on the lawsuit Pat Bowlen’s two oldest daughters Beth Bowlen Wallace and Amie Klemmer have filed against the three trustees of their father’s estate is expected to be set soon after the Arapahoe County District Court Judge in the case, John E. Scipione, denied the petitioners’ request to have the state’s mental capacity standard heard by a court of appeals.
Petitioners Wallace and Klemmer had also requested a stay to their civil court case until the court of appeals completed their review and ruling – which would have caused a further delay of months, if not years, for the civil trial.
The civil trial had initially been set for the 1st of this month, but Judge Scipione delayed it until sometime in 2021 because he felt such a case should be heard in person and he was not confident in the WebX technology courts have been using in light of coronavirus restrictions.
After denying the petitioners’ request, Judge Scipione is expected to consult with each party’s attorneys and soon reschedule a new trial date for some time around mid-2021. Wallace-Klemmer may contest the judge's decision to deny bringing the capacity standard to the court of appeals.
"We are reviewing the order and analyzing our appeal options," said Giovanni Ruscitti, the attorney representing Wallace and Klemmer. "We believe this is an important open question of law in Colorado that needs to be determined by our appellate courts before the trial commences."
The three trustees of the Pat Bowlen Trust – Joe Ellis, Rich Slivka and Mary Kelly – appear to want the trial heard and the case resolved as soon as possible. Ellis is also the Broncos’ chief executive officer and president; Slivka is the Broncos’ general counsel, and Kelly long served as Pat Bowlen’s personal attorney.
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"We look forward to getting the trial date set and for the completion of this process," said Dan Reilly, the lead attorney representing Pat Bowlen’s trustees.
Pat Bowlen died in June 2019 following complications from Alzheimer’s. Wallace and Klemmer are asking the court to remove Ellis, Slivka and Kelly as their father’s trustees, citing their dad did not have the mental capacity to authorize his 2009 trust.
Prior to joining her sister in filing the lawsuit against the trustees, Beth Bowlen Wallace announced in May 2018 that she’s ready to replace her father as controlling owner of the Broncos. The three trustees, meanwhile, have been grooming her half-sister, Brittany Bowlen, to one day sit in her father’s chair.
Brittany Bowlen is currently working with the Broncos in an executive role, most notably as chairwoman of the team’s COVID-19 task force that set up a comprehensive safety protocol plan that enabled the team to practice at its team headquarters, and play its NFL home schedule at Empower Field at Mile High.
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