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Tag: denver7 investigates

  • Employees, insiders speak of toxic culture within Cherry Creek School District

    The relationship between the superintendent and the director of human resources is impacting the culture at one of Colorado’s most prominent school districts, according to multiple insiders and employees.

    Several current and former employees of the Cherry Creek School District told Denver7 Investigates that the district has a toxic culture stemming from Superintendent Chris Smith and his wife, Chief Human Resource Officer Brenda Smith.

    Insiders, who have come forward over the past three months, say that the relationship leaves employees with nowhere to go if they have complaints.

    Three sources spoke to Denver7 Investigates in silhouette with their voices disguised because they feared retaliation. Roughly a dozen others decided not to go on camera out of fear of retaliation against them and their families, but they independently reinforced the comments of those who went on camera.

    Cherry Creek is one of the largest districts in the state, boasting 53,000 students and more than 9,000 employees with a history of success in the classroom and on the athletic fields. Many of the schools have some of the highest ratings in the state on websites such as GreatSchools.org.

    “I think people don’t feel safe. You can’t question the superintendent because his wife is head of HR,” one of the sources said during their on-camera interview. “I think it’s a huge problem and I think it hurts our students.”

    Through open records requests and from inside sources, Denver7 Investigates has obtained nearly a dozen complaint letters circulating inside of the school district, including several sent directly to the elected school board. Some were signed while others were anonymously written. Sources said the anonymous letters are evidence of the fear of retaliation in the district.

    Denver7

    One eight-page letter from two district principals — sent more than a year ago — accuses Chris Smith of unprofessional conduct, retaliation against employees and misallocation of budgetary items, including expenses and salaries.

    “I saw a lot of fear tactics, intimidation tactics. A lot of ‘my way or no way,’” the second source said in their silhouette interview.

    After that letter sparked an investigation, district employees raised concerns regarding a potential conflict of interest created by the superintendent and his wife.

    “People need to know what the leadership in Cherry Creek looks like and how people who push back or give feedback or disagree are pushed out,” the first silhouette source said. “I think the superintendent is leveraging his relationship with his wife as head of HR to make staffing and personnel decisions that benefit him.”

    That letter from the principals also stated that “The Human Resources Department operates with the intent that people are guilty prior to an investigation. They refer to the conference room in their office as ‘the cry room.’”

    “They have a room that they meet with employees that’s called the crying room. It’s nicknamed the crying room,” the second silhouette source said, adding that in her opinion, it’s the district’s goal to make people cry when called into that room. Others independently shared that opinion.

    The district hired a law firm to investigate the accusations in the letter. It concluded that Chris Smith did not clearly violate district policy and was less definitive on claims of retaliation and misappropriation.

    But the report did state that “Smith has exhibited unprofessional behavior,” and recommended “executive leadership training/coaching.”

    “I think the only thing that can fix it is getting past the dirty little secret and making sure it’s not a secret anymore,” the first source said.

    Regarding the husband-wife power structure in the district, the investigation concluded, “Even if there is not an actual conflict of interest, there is certainly a perceived one across the district that stems from the Smiths’ relationship, their high-level district positions and reporting structure.”

    But it fell short of calling for a change. Instead, it states that “there is no direct evidence their relationship has impacted their actions or inactions.”

    Expert weighs in 

    Michael Nalick, a management professor at the University of Denver and an expert on corporate structure, said he believes this relationship to be “a big problem.”

    “The point is there is perceived impropriety just because of their positions,” Nalick said. “Whether or not they’re valid, it’s that perceived impropriety. Even if it doesn’t occur, it still negatively affects the organization.”

    Nalick reviewed documents obtained by Denver7 Investigates and some testimonials from current and former employees.

    One of those documents was a letter from the school board approving superintendent Smith’s hiring while his wife remained as head of HR.

    That school board changed over in November after the most recent election.

    Nalick said the board is complicit in the culture as they created a policy permitting this dynamic, and he suggested that change needs to happen.

    “I would naturally say one of them has to go. You can’t continue to have both of them employed with that relationship,” Nalick said.

    A third source who spoke to Denver7 Investigates in silhouette also laid blame on the school board for allowing this dynamic.

    “The school board is very much aware of this controversy. For whatever reason it has made the decision to not take any action,” they said, referring to the district’s leadership dynamic.

    Superintendent avoids questions

    Denver7 Investigates made multiple attempts via email and text message to speak with Chris Smith to get his side of the controversy. Through the district’s media relations office, he denied all requests. He also did not acknowledge questions from Denver7 Investigates at a December school board meeting where multiple security guards were present, blocking Denver7 Investigates’ access to Smith and the school board.

    At the end of the meeting, Chief Investigative Reporter Tony Kovaleski asked superintendent Smith if he would promise to answer his questions. Smith did not acknowledge the question and walked out a back door of the meeting room.

    Tony at board meeting.png

    Denver7

    Denver7 Chief Investigative Reporter Tony Kovaleski attempts to ask Cherry Creek School District Superintendent Chris Smith, far right, a question after a December School Board meeting while Smith exits through a side door.

    The lack of comment did not come as a surprise to the first silhouette source who spoke to Denver7 Investigates.

    “I don’t know that he has the courage to answer your questions honestly,” they said of Smith.

    Denver7 Investigates also waited outside a scheduled meeting with district principals and managers last month. Chris Smith declined to come out and answer questions. An inside source provided a recording of part of that meeting that included Chris Smith saying that a news story would be coming out about him and that it was “probably not going to be the best story” about him.

    The district did provide a three-paragraph response to interview requests, stating:

    “Complaints against the district have been made by a small handful of employees who are resistant to Superintendent Smith’s leadership as it is moving the district in new and different ways. Consistently ranked as one of the top workplaces in the state, CCSD welcomes all opinions and all signed complaints are taken seriously. Each of the signed complaints provided were investigated thoroughly by independent counsel and all allegations were found to be baseless and unfounded.

    The Board of Education has directed Superintendent Smith to share CCSD initiatives as well as learn from other innovative school districts and partner with forward-thinking organizations as we continue to pursue excellence for every student. This has led to the nationally-renowned Cherry Creek Innovation Campus, the opening of the nation’s first mental health facility for students, and the creation of the Aspiring Educator Pathway, Colorado’s first teacher apprenticeship program.

    Brenda Smith was hired for her current role in early 2019 by a previous Superintendent, therefore was in her current position when the CCSD Board of Education made the decision to hire Superintendent Smith in April 2021. The Board of Education recognized that Brenda Smith should have the ability to continue her role and pursue her professional goals while Superintendent Smith is afforded the same opportunity. It was not seen as a conflict of interest then nor is it one today.” 

    In a follow-up exchange via email, a district spokesperson also noted, “There is no statute requiring public officials to agree to on-camera interviews with journalists.”

    One of the sources said the fact that so many were speaking anonymously spoke of the concerns and issues in the district as well as the leadership in the organization.

    “You have always told us if we had questions,if we had concerns, if we needed to talk, your door is open,” the source said of Chris Smith. “We have had to take to sending anonymous communications, doing secret interviews. What is it about your leadership that has gotten us to this point?”


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    Tony Kovaleski

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  • Judge expected to dismiss case against Denver man accused of 2019 murder, citing competency law

    DENVER — Charges against a Denver man suspected of murdering his neighbor more than six years ago will likely be dropped in the coming days after he was repeatedly found incompetent to stand trial.

    Alberto Calcurian

    On Wednesday, loved ones of the man shot and killed in the case gathered in court for what is expected to be the final hearing before Alberto Calcurian, 47, is cleared of his charges. Calcurian allegedly shot 59-year-old Mark Berman multiple times in front of his home in October 2019.

    Calcurian, who lived down the street from Berman, called 911 to report that “he had just shot a man in self-defense” and that the gun he used was on his living room floor, unloaded, according to arrest documents. He was eventually charged with first-degree murder.

    But what the victim’s family thought was an open-and-shut case will not likely end in a conviction.

    Under Colorado law, if a defendant is found mentally incompetent to aid in their own defense and is not likely to be restored to competency in the foreseeable future, a judge must dismiss the case.

    Denver7 Investigates has extensively covered cases that have been dismissed after state statute changed in the summer of 2024:

    In court, a defense attorney revealed Calcurian has been evaluated by doctors 19 times since 2020 and was found incompetent each time.

    Court documents state that Calcurian was diagnosed with a “delusional disorder” in 2018. In court, the defense noted that Calcurian meets the criteria for a short-term, involuntary mental health hold that could temporarily keep him in state-mandated mental health treatment, but it is not guaranteed yet that he will not be released back into the public.

    During the hearing, the prosecutor with the Denver District Attorney’s office agreed that Colorado’s law ties the judge’s hands in this case, but stated, “We don’t think that ought to be the law.”

    The case is still considered open until Denver District Court Judge Nikea T. Bland files the official written order of dismissal, which she noted should be ready within the next week.


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    Natalie Chuck

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  • Republican lawmakers, activists deliver 6,000 signatures in push to change Colorado’s competency law

    DENVER — A growing group of advocates, lawmakers, and victims is demanding immediate changes to Colorado’s competency law.

    The Colorado Parent Advocacy Network, a nonprofit, announced it has garnered nearly 6,000 signatures from individuals calling on district attorneys across the state to increase pressure on Governor Jared Polis and call a special legislative session. The signatures are expected to be delivered to the Colorado District Attorney’s Council.

    Denver7

    The outrage comes after state law changed last summer, requiring judges to dismiss cases against criminal defendants who are found incompetent to stand trial and who will likely never be restored to competency.

    Since then, several people accused of crimes, including attempted kidnapping and attempted murder, have been released back into the public.

    “We were told… that these individuals that committed these horrendous crimes would either be in a correctional facility or that they would be committed to an institution,” State Senator Barbara Kirkmeyer (R) said during a press conference Thursday. “Unfortunately, that is not what’s going on with this law.”

    Read our previous coverage below:

    Kirkmeyer, who is running for Colorado governor, voted in favor of House Bill 24-1034, which amended the language in the state’s competency law.

    “I don’t think anybody foresaw how this law was going to be interpreted and how it was going to be implemented,” Kirkmeyer said when Denver7 Investigates asked if she had concerns about the space available at mental health facilities while the bill was being passed.

    Victims who have voiced their frustrations to Denver7 Investigates attended Thursday’s press conference.

    “I am cautiously optimistic. I’m glad that there’s more momentum on it. I’m afraid every day of more cases popping up,” said Joseph Bowman, whose mother was one of two people killed in a car crash investigators say was caused by a drunk driver.

    The suspect in the crash that killed Bowman’s mother had a lengthy criminal record. Eventually, all charges were dismissed, including multiple counts of vehicular homicide, after he was found incompetent to stand trial.

    Still, Bowman does not believe a special session is necessary to address the current law.

    “I’m hopeful that this will come about in the upcoming legislative session,” he said

    Senator Judy Amabile (D), who was a main sponsor of HB24-1034, agrees.

    “I am not convinced that we need that, but I understand why people are asking for that,” said Amabile.

    Amabile previously told Denver7 Investigates that she is working on amendments to the law.

    “We have a commitment from the executive branch that we are going to put some resources into beds, into funding beds, both mental health beds and beds for the people with intellectual disabilities or neurocognitive disorders,” she said.

    At the time HB24-1034 passed, no additional funding was allocated to resources.

    When asked about the nearly 6,000 signatures collected by CPAN, Sen. Amabile said, “I think they are sending us a message loud and clear: fix this broken system.”


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  • Lakewood PD responded to problem house months before fires: Denver7 Investigates

    LAKEWOOD, Colo. — New body camera video obtained by Denver7 Investigates reveals what Lakewood police officers saw when responding to a problematic house months before it caught fire twice within 48 hours.

    The fires broke out in May, sparking a strong reaction from people living near 8000 W. 10th. Avenue.

    Pete David Caranza, 53, was arrested for suspicion of committing fourth-degree arson and possession of a controlled substance in connection with one of the fires. He is being held in the Jefferson County Jail on a $2,500 cash bond and is scheduled to appear in court for a pretrial conference on Monday.

    Read our previous coverage below

    Following our reporting, Denver7 Investigates received calls from neighbors who said they had complained about the property’s condition long before the fires. They shared videos and photos showing alleged open-air drug use and a man naked in the yard, which is less than one block from a school.

    “I wonder if they were cooking dope and something caught on fire,” one neighbor speculated about the fires.

    Denver7 Investigates requested data from both the Lakewood Police Department and JeffCom, the emergency services dispatch and communications center, to find out how often police responded to the house before the fires.

    Records show that between Nov. 2, 2024, and May 13, 2025, there were 55 calls for service to the property. The majority of those calls were for extra patrols and ordinance violations, but included reports of trespassing, menacing and threats. Officers also contacted people at the property who had outstanding warrants, according to the documents.

    Denver7 Investigates

    Pictured: A still captured from Lakewood Police Department body-camera video during a response to a home at 8000 W. 10th Avenue on April 29, 2025.

    Denver7 Investigates used case numbers to request body camera video from two police responses to the house.

    Video from Dec. 25, 2024, shows Lakewood police officers responding to a reported overdose. Officers found a woman in the bathroom, according to a police report, and could be seen on their body-worn cameras resuscitating her.

    Bodycam video shows an officer questioning several people in the yard about the woman and what drugs she may have taken. One woman there told the officer, “We stay here for now,” referring to the house.

    “Until we don’t, I guess. We’re basically homeless, you know?” she said to the officer.

    Lakewood PD responded to problem house months before multiple fires: Denver7 Investigates

    Denver7 Investigates

    Pictured: A still captured from Lakewood Police Department body-camera video during a response to a home at 8000 W. 10th Avenue on April 29, 2025.

    During another response in April, a man called police after someone at the property reportedly threatened him with a gun after he watched what he thought was a drug deal happening in the yard. The man told responding officers he had been in touch with Lakewood’s code enforcement for months, asking that police look into the property.

    “What can I do, big picture, about two known drug-dealing houses in our neighborhood?” he asked the responding officer. “Who am I supposed to talk to? If it’s not code enforcement and it’s not the police, then who is it?”

    Officers’ bodycam video captured the conditions on the property. The yard was covered in cars, an RV, and trash.

    Lakewood PD responded to problem house months before multiple fires: Denver7 Investigates

    Denver7 Investigates

    Pictured: A still captured from Lakewood Police Department body-camera video during a response to a home at 8000 W. 10th Avenue on April 29, 2025.

    Denver7 Investigates requested multiple interviews with members of Lakewood’s code enforcement team through the Lakewood Police Department and spoke with the lead code enforcement officer, Chris Barnes, over the phone. Barnes said he would be willing to interview with Denver7 Investigates, but needed permission from the department’s media team.

    However, Denver7 was told Barnes would not be doing an interview. A member of Lakewood PD provided the following statement:

    We agree that neighbors were notifying us months before the fires. In fact, we started working on the issues at the property in October of 2024. In that case, we responded to reports of junk/outdoor storage and inoperable vehicles. Our code enforcement officer confirmed violations on site and posted a Title 9 Notice on the Property for the Unlawful Junk/Outdoor Storage and the Inoperable Vehicles. The property owner was also mailed a copy of the notice. The code officer returned to the property once in November and twice in December finding positive progress being made based on their notice. 

    In January, the code officer returned to find deteriorating outdoor storage conditions. He learned from a tenant they were being evicted and shortly after confirming with the property manager he was seeking an eviction in the court, but the tenants were being uncooperative. It is important to note that seeking an eviction is solely the responsibility and capability of a property owner and we can only encourage such proactive matters by owners when tenants are causing ongoing problems in a neighborhood. 

    In February, the code officer returned to the site and observed an increase in outdoor junk and storage violations. In March he returned to find an increase in junk and storage violations and connected with the property manager who said they were still working through the eviction process. Our code enforcement officer reminded him the property still needed to get cleaned up despite how long the process was taking and left a voicemail for the property owner. Later in March we received a call that the tenants would be going to court for the eviction process on March 19. 

    In the beginning of April our code enforcement officer returned to find further violations and spoke to the property owner again. The property owner said he was aware of the issues, embarrassed by them, but due to the difficulty of getting the tenants evicted he was having difficulty cleaning the property. He was awaiting another court date on April 17th. On April 18th, the property owner advised the eviction order had been approved and they would work with the Jeffco Sheriff’s Office to get the tenants removed.  Our code enforcement officer reinspected the property on April 28th finding no change. On May 1st we spoke to the property manager for a status update on the eviction. The property manager advised the tenants were told to vacate by May 15th

    The property then had two reported fires on May 10th and May 11th.  The Lakewood Building Official responded to the scene on both dates – the first date posting the damaged structure as “Caution Restricted Access” and on May 11th, due to the second fire, posting it as “Danger Off Limits Do Not Enter or Occupy.” On May 13th we were able to speak to the property owner who confirmed the eviction process had been finalized and would occur on May 16th. We mobilized police assets to monitor the property until the eviction could occur on Friday and arranged for a fence to be installed. The property remains fenced and under the orders of the Chief Building Official that the building shall not be used until all building code violations are corrected. 

    Concerning questions about condemnation and why it took so long; until the fires occurred there was no legal reason the building official could examine the building. Prior to the fires, the only actionable concerns were related to the junk/outdoor storage and unregistered vehicles – neither of which allows for condemnation. And the concurrent eviction process occurred due to the property owner seeking the eviction. 

    As described above, Code Enforcement complaints were being addressed in the normal process we always use – examining the situation, seeking voluntary compliance, and working with the property owners to address the concerns before moving towards citations for code violations. Once we learned eviction was being pursued, we encouraged them to continue doing so as evicting the problem tenants was the permanent solution to the problem. The property owner was showing good faith efforts at this time to do so. The fires are what prompted the response from the building officials. 

    The Code Enforcement Team responds to thousands of calls per year and understands and supports our citizens’ desire to live in a safe and clean community. 

    Mark Reeves, Lakewood Police Department

    Denver7 Investigates also requested an interview with Lakewood Mayor Wendi Strom, who repeatedly directed our questions to the police department. We emailed Lakewood City Council Members Isabel Cruz and Sophia Mayott-Guerrero for comment, but did not get a response.


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  • Colorado district attorney calls out Gov. Polis for post after ‘dangerous’ inmate is released

    WELD COUNTY, Colo. — A fight is brewing between the Weld County district attorney and Colorado’s governor after an exchange on social media Tuesday involving Elon Musk.

    News of an inmate being released into the public is garnering national headlines, after the Weld County Sheriff’s Office issued a warning to the public that the individual is a “potential danger to the community.”

    Debisa Ephraim, 21, was free to leave the Weld County jail on Monday after charges, including attempted murder, in multiple cases were dismissed because he was found incompetent and not likely to be restored, meaning doctors determined he is unfit to stand trial.

    Denver7 Investigates

    CO sheriff says he was forced to release ‘dangerous’ man due to competency laws

    The sheriff’s office released bystander video, which they said was not authenticated but allegedly showed Ephraim in the middle of two violent fights. Both occurred in April.

    On Tuesday afternoon, Elon Musk shared coverage of the story to X with a post reading, “This is insane @jaredpolis.”

    Gov. Polis responded to the post, saying: “Absolutely unacceptable. I’m calling on the county attorney and DA to use state law, including CRS Title 25 and Title 27, to ensure he’s not at large. This should have happened BEFORE release not after. Remove this threat now!”

    Now, Weld County District Attorney Michael J. Rourke is scheduled to address what his office is calling “misinformation” in the governor’s post. He has a press conference scheduled for 2 p.m. Wednesday. Denver7 plans to attend and hear more from the district attorney. We will update this story afterward.

    Denver7 Investigates looked into Ephraim’s history and found 10 criminal cases since 2022, including a mixture of felonies and misdemeanors. All of those cases were dismissed and many involved competency issues. Charges in those cases ranged from theft to robbery to assault.

    Watch our report from Tuesday about Debisa Ephraim’s case, which sparked Elon Musk’s tweet, in the video below.

    Weld County sheriff says he was forced to release ‘dangerous’ man due to state’s competency laws

    Denver7’s extensive coverage on competency law

    Over the past year, Denver7 Investigates has reported on the complexities of competency law in Colorado and cases that have been impacted by a 2024 law altering language in the state’s statute.

    That change stated that judges “shall” dismiss cases where the defendant is found incompetent and not restorable, meaning that they will not be fit to stand trial in the near future.

    The first case Denver7 highlighted involved a doctor who was stabbed in his office by a suspect who was repeatedly evaluated and found incompetent. The victim feared that his alleged assailant would be released into the public, but during the reporting process, a bed opened up at the state mental health hospital in Pueblo.

    Change to Colorado mental health law sparks issues with 2022 stabbing case in Lakewood

    Another suspect charged in a drunk driving crash that killed two people walked out of court earlier this year after his charges were dropped due to being found incompetent and not restorable due to a traumatic brain injury suffered during the crash.

    Complexity of Competency: How state doctor decided a man is unfit to stand trial after fatal crash

    Later, the law change made more headlines when a suspect accused of trying to kidnap kids outside an elementary school in Aurora had her charges dropped after being found incompetent.

    Charges officially dropped against attempted kidnapping suspect after competency finding

    This is a developing story and will be updated.


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  • ‘Take responsibility:’ Jeep owners say rental policy leaves them paying the price for safety recall

    DENVER — More than seven months after Jeep’s parent company recalled over 63,000 Cherokees from model years 2017 to 2019 for a defect that could “cause a vehicle crash without prior warning,” there is still no reported fix. One Colorado driver told Denver7 Investigates the company’s rental replacement policy adds insult to injury.

    Kaity Klonowski’s 2019 Cherokee has been in the shop for weeks now. She bought the SUV for her adventures and loves the car.

    “I like to ski or go for hikes in the summertime, and depending on the dirt road, certainly, you need the four-wheel drive,” Klonowski said. “I love driving my Jeep. Honestly, I’ve had a pretty great experience with it.”

    Kaity Klonowski

    That changed when a service warning light came on, telling her to service the four-wheel drive. Receipts show her dealership found the issue in the power transfer unit — the same faulty part in the recall.

    “So that’s scary,” she said. “It’s a safety concern. It has been stressful.”

    Klonowski took her car to the dealership for repairs, and that’s when her troubles began.

    Rental policy leaves gap for drivers

    Even though the recall was announced in January, Stellantis has no reported repair available.

    Klonowski requested a loaner vehicle. In an email, Stellantis representatives said the company would only reimburse up to $50 a day and only after Klonowski pays up front, with reimbursement taking up to two weeks once it has been received and reviewed.

    “I am planning my wedding, and that’s expensive, and I don’t have all these extra funds right now to devote to an issue that I did not cause,” she said. “Also, for a vehicle that’s going to be safe for me to drive in the winter with four-wheel drive, that’s going to likely be more than $50 a day, just based on the options that I’ve looked at.”

    Stellantis has not responded to multiple requests for comment from Denver7 Investigates.

    Jeep Recall Rental Costs

    Jaclyn Allen

    Consumer advocates say fix the rental gap

    Rosemary Shahan, president of Consumers for Auto Reliability and Safety (CARS), said automakers should offer immediate loaner cars or direct rentals when they issue recalls for unsafe vehicles, especially when repairs aren’t yet available.

    “I’ve heard from so many consumers who’ve been in this situation,” Shahan said. “That’s a real hardship. Consumers shouldn’t have to front the money to pay for a rental car and then wait to be reimbursed, especially when the manufacturers don’t have a hard-and-fast date when they promise that the repair will be available.”

    Shahan said that weak lemon laws in Colorado “fail to protect consumers.”

    “In California, we have a lemon law that sometimes will kick in, and people have been able to get a total refund for the car when it’s a situation like this,” Shahan said.

    In the meantime, Klonowski is carpooling with her fiancé, but said Stellantis needs to step up.

    “I would just like them to take responsibility and to offer loaner cars even, or reimburse — not just reimburse people after the fact and not expect like families to pay out of pocket for this,” she said.


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  • Denver7 Investigates fact-checks statements made during Walz-Vance vice presidential debate

    Denver7 Investigates fact-checks statements made during Walz-Vance vice presidential debate

    DENVER — Tuesday’s vice presidential debate between Ohio Senator JD Vance (R) and Minnesota Governor Tim Walz (D) covered a wide variety of topics, from the developments in the Middle East to immigration to healthcare.

    Denver7 Investigates fact-checked each candidate on a variety of statements.


    Immigration

    Roughly 15 minutes into the debate, Vance was asked if he would support separating parents from their children at the border. He went on to say that families are already separated, noting that the Department of Homeland Security has effectively “lost” 320,000 children.

    In August, the Department of Homeland Security released a report revealing that over the past five years, the Immigration and Customs Enforcement Agency (ICE) has lost track of unaccompanied minors, mainly those who fail to show up for immigration court. That report states nearly 300,000 children are unaccounted for.

    Fact check: True

    On the topic of the U.S. border, Vance referred to Vice President Kamala Harris as the “border czar.” While that is an unofficial title Republicans like to use in reference to Harris after she was tasked with studying root causes of migration from countries in Central America, the person mostly responsible for the border is Homeland Security Secretary Alejandro Mayorkas.

    Fact check: False

    Walz-Vance debate: Denver7 Investigates fact-checks claims about immigration

    Abortion 

    One item on top of mind for so many voters is abortion. During the debate, Walz said that the maternal mortality rate is skyrocketing in Texas, outpacing many other countries in the world. According to the Gender Equity Policy Institute, the rate of maternal mortality cases rose in Texas by 56% from 2019 to 2022. That’s compared to just 11% nationwide during the same time period.

    Fact check: True

    Walz also brought up Project 2025, claiming the plan would make it more difficult to to get contraceptives and limit access to fertility treatment.

    Neither Trump nor Vance have openly supported Project 2025, despite links to the authors of the plan. In addition, the project does not call for the restriction of birth control pills, and the website PolitiFact did not find any mention of fertilization in the plan.

    Fact check: Mostly False

    Walz-Vance debate: Denver7 Investigates fact-checks claims about abortion

    Trump tax returns

    Former President Donald Trump’s tax returns have been a point of contention for years — something Walz made sure to bring up during the debate. The Minnesota governor claimed Trump has not paid federal income taxes in 15 years.

    In Dec. 2022, the House Ways and Means Committee released documents related to Trump’s tax returns, showing he filed federal income tax returns from 2015 to 2020 and paid federal income taxes in four of those years.

    Fact Check: False

    Affordable Care Act

    Vance brought up Trump and his role with the Affordable Care Act, claiming the former president helped save a program that was on the verge of collapse. However, during Trump’s time in office, ACA enrollment declined by more than 2 million people, and the number of uninsured grew by roughly 2.3 million.

    According to PolitiFact, the Trump administration cut millions of dollars in enrollment aid and asked the Supreme Court to overturn the law.

    Fact Check: False


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  • New Clear Creek sheriff vows to repair department’s tarnished reputation

    New Clear Creek sheriff vows to repair department’s tarnished reputation

    GEORGETOWN, Colo. — Clear Creek County is known for its miles of scenic landscape and quaint communities such as Idaho Springs and Georgetown.

    But in 2022, it became known locally and nationally for a law enforcement agency that had tarnished its reputation.

    On June 11, 2022, a Clear Creek County Sheriff’s deputy shot and killed 22-year-old Christian Glass after he had called for help when his car became stuck against an embankment just outside Silver Plume.

    Glass suffered a mental health episode after he called for help and refused to exit his car when deputies and other law enforcement officials ordered him out. He had a knife on him that was used for amateur geological work, but a review of the incident determined Glass posed no threat to officers.

    The shooting and the events leading up to it were captured on body-worn cameras and broadcast all over the world. It resulted in the largest financial settlement in Colorado history for the Glass family. Four officers were criminally charged and the deputy who fatally shot Glass was convicted of reckless endangerment.

    The fallout was immense and helped push the sheriff at the time, Rick Albers, into retirement.

    In December 2023, the county found his permanent replacement in Matt Harris.

    Upon taking the job, the new sheriff of Clear Creek County vowed to rebuild the department’s reputation through transparency and accountability while acknowledging the mistakes of the past.

    “Make no mistake about it, the incident and the death of Christian Glass is tragic,” Harris said. “The environment that caused the Christian Glass shooting didn’t happen that night. It was an organizational failure from many, many years of not having the right people, the right training, the right quality of people, the right ethics.”

    Harris spent nearly 30 years in federal law enforcement and was most recently a U.S. Marshall in Utah.

    He said lots of friends and family questioned why he would and to take this job.

    “I said I want it because I know I could fix it,” he said.

    And to fix it, he needs to build trust with the community and install a new culture inside the sheriff’s office.

    “If you make a mistake and you get it wrong, you have to correct the record, you have to correct it immediately. It’s the old adage, the cover-up will kill you,” Harris told Denver7 Investigates in late July. “We’re trying to build something in Clear Creek County. We have a checkered past. That’s why I was asked to take the job.”

    That philosophy was challenged less than a month after that interview when a local dog breeder, 57-year-old Paul Peavey, was reported missing and days later was found dead on his property by a volunteer search party.

    Harris later admitted that his department did not do enough when the missing person’s reports were filed.

    “It’s disappointing, it’s very disappointing, but it is what it is. We failed, and we know we didn’t handle it correctly,” Harris told Denver7 Investigates in an interview a day after he issued a public apology. “Somebody called our department asking for assistance and we didn’t investigate it thoroughly.”

    Two days after that interview, the department announced they had arrested 36-year-old Sergio Ferrer in connection with Peavey’s murder.

    “My commitment to our community and the commissioners was that I was going to be transparent, that we were going to bring professionalism and integrity and better police work to Clear Creek County, and that’s what we’re trying to do,” Harris said.

    As far as rebuilding the department internally, Clear Creek Sheriff’s Office Capt. Seth Marquardt said morale was very low after the Glass shooting.

    “It was calls 24-7. I don’t know if I can put a number on it. It was just constant,” he said.

    Marquardt said the department faced constant verbal attacks following the shooting, leading to a high number of departures. Marquardt was one of the deputies who stayed.

    “A lot of people did a lot of reflecting. Is this worth it anymore? And at the end of the day, for a lot of people the answer was no,” Marquardt said while getting emotional. “You know, it was rough, there were times when I didn’t want to be here. But I love what I do. I’ve been doing it my whole life, and I don’t know what else I would do.”

    According to information from the Clear Creek Sheriff’s Office, 55 employees, including 29 sworn deputies, have left the department since the Glass shooting. The office has filled 27 of those 55 vacancies.

    As he looks to fill some of those open positions, Harris acknowledges that while things are improving, there is still more to do.

    “We have a lot of work to do. We’ve made a lot of progress. We’ve made a lot more progress than I ever thought we would make in 6 1/2 or seven months, but we have a lot of work to do still,” Harris said.


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  • Records detail criminal record linked to man arrested in connection to Alexander Mountain Fire

    Records detail criminal record linked to man arrested in connection to Alexander Mountain Fire

    LARIMER COUNTY, Colo. — While announcing an arrest in connection with the Alexander Mountain Fire, the Larimer County sheriff revealed the man accused of starting the wildfire had been arrested before.

    The Larimer County Sheriff’s Office and the U.S. Forest Service held a press conference on Wednesday afternoon, where they identified the suspect as Jason Alexander Hobby, 49, of Loveland. He faces charges of first-degree arson, two counts of impersonating a peace officer, felony menacing, false imprisonment and impersonating a public servant. After obtaining an arrest warrant for Hobby on Sept. 6, he was taken into custody on Sept. 10. He was issued a $450,000 cash/surety bond.

    Hobby was an employee at the Sylvan Dale Guest Ranch — a family-owned, 3,200-acre property in the foothills west of Loveland — up until about three or four weeks ago when he was identified as a suspect during the course of the investigation, said Larimer County Sheriff John Feyen during the press conference. The ranch then terminated his employment.

    Watch the full press conference below:

    Full press conference: Arrest in Alexander Mountain Fire investigation

    On Thursday, Denver7 Investigates obtained court records from Riverside County, California, where Hobby faced criminal charges previously. The records reveal Hobby was arrested on July 4, 1999.

    According to the court documents, Hobby was arrested for not having “private security” patches. He was eventually charged with manufacturing, importing, and selling weapons, failing to carry valid security ID, and wearing a baton without registering it.

    All charges were dismissed due to a violation of the defendant’s rights to a speedy trial, according to a spokesperson for the Riverside County District Attorney’s Office.

    According to California law, the majority of the charges fall under the state’s “Business and Professions Code” in the chapter pertaining to “private security services.”

    Denver7 Investigates is working to learn more about the specifics of these charges.


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  • Staff members allege DPS teacher was drinking on the job last school year, and administration knew for months

    Staff members allege DPS teacher was drinking on the job last school year, and administration knew for months

    DENVER — The words “hard,” “depressing” and “scary” are not typically top of mind when describing an elementary school. But that is how several anonymous staff members recall the 2023-2024 school year when they worked at Columbian Elementary School in northwest Denver.

    “It has been the most difficult year at Columbian in history for myself,” said one staff member.

    Several months ago, multiple sources contacted Denver7 Investigates, raising concerns that a second-grade teacher at Columbian was allegedly drunk during work hours for months before being removed.

    Staff agreed to speak with Denver7 Investigates if we kept their identities private out of fear of retaliation.

    Denver7

    Several staff members said concerns were raised to administrators, including the principal, as early as November 2023.

    “It’s very scary to know that Denver Public Schools did nothing to remove an intoxicated teacher,” said one staff member.

    Another staff member claimed they called Safe2tell, a system used to anonymously report concerns in Colorado, on March 22. They claim the teacher was finally removed for the first time after the report was made.

    “I was so frustrated and couldn’t understand why nothing was being done, and I was frustrated with myself for not thinking about it earlier, like as an avenue to go through,” said the staff member when asked why they chose to report their concerns.

    When Denver7 reached out to Denver Public Schools (DPS) for an interview, the district provided a statement reading:

    Denver Public Schools is dedicated to providing a safe and welcoming environment for all students. When a report of a potential unsafe environment is received by a school leadership team, they follow established policies and procedures to fully investigate the allegations.

    Denver Public Schools cannot comment on any specific allegations due to the District’s longstanding policy against speaking about personnel matters publicly. The District can confirm the teacher was placed on paid administrative leave on April 3, 2024, and will not be returning to Denver Public Schools.

    Denver Public Schools

    Records requested from Denver Public Schools

    Denver7 Investigates filed multiple requests with DPS under the Colorado Open Records Act (CORA), including, “Any and all reports and/or documents, as well as any other publicly available information regarding a DPS security visit, call, and/or response to Columbian Elementary on March 22, 2024.”
    The request was denied. In response, DPS stated, “The Denver Public Schools (DPS) is in possession of document(s) responsive to your request which are exempt from disclosure,” citing multiple statutes.

    However, not all of Denver7’s record requests were denied. In another request for records, Denver7 Investigates asked for “Any complaints filed with the school district or with Columbian Elementary School administration against any staff member at the school.”

    DPS provided a string of emails, including one from someone who identified themselves to Denver7 as a student’s grandparent. The email reads in-part, “8 teachers have reported him drunk,” referring to concerns about a teacher allegedly intoxicated at work. The grandparent said the email was sent at 1:38 p.m. on Jan. 3, 2024, but the copy provided by the district was not time-stamped.

    Finally, Denver7 Investigates requested copies of all emails and other written communication to or from several school administrators, including the accused teacher’s name, the words “alcohol,” “drinking,” “inappropriate behavior” or “intoxicated” throughout the school year. The district responded to the CORA request with multiple documents, including a letter reading in-part:

    The document(s) not provided (sic), as these document(s) fall within the deliberative privilege and are not subject to disclosure.

    The document(s) withheld pursuant to the deliberative privilege are emails discussing how to possibly address personnel issues.

    Public disclosure of this document would stifle honest and frank discussion within the government and, therefore, this document is not being produced in response to the CORA request.

    Stacy Wheeler, CORA Officer

    The district also provided a list of the emails being withheld: 10 emails dating back as early as Dec. 13, 2023, sent between several administrators, including Columbian Principal Drew Hall.

    The staff members who spoke with Denver7 Investigates claim concerns were brought to Hall for several months and they believe no action was taken.

    “Months went by and again, there were more reports of possibly smelling something, people reaching out to Drew Hall, and still nothing happened,” one staff member said.

    Denver7 Investigates made multiple attempts to contact Hall but did not receive a response.

    When asked if the school district will take accountability, one staff member said, “I hope Denver Public Schools takes some accountability and removes Drew Hall and makes sure that the people at Columbian, their community and their culture, is healed.”


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  • Judge rules Colorado school district denied care for student with special needs

    Judge rules Colorado school district denied care for student with special needs

    COLORADO SPRINGS, Colo. — A Colorado judge on Monday ruled that a Colorado Springs school district denied care for one of its students with special needs.

    Leah and Ronnie Broyles, the parents of 10-year-old Victoria Broyles, filed a complaint against Academy District 20 (D20) in February alleging the school district violated the Individuals with Disabilities Education Act (IDEA). The trial began in June.

    Victoria was born with severe special needs, including spina bifida and other conditions. She also has autism and is non-verbal.

    When the family moved to D20, they sought an individualized education program (IEP) for Victoria, allowing her to be taught at home. That request was denied, meaning Victoria would have to attend school in person.

    The original complaint included two notes attributed to Victoria’s doctors advising she be home-schooled to avoid exposure to viruses.

    A judge on Monday ruled in favor of the Broyles. According to the judge, D20 violated the IDEA by:

    1. Failing to justify its dramatic departure from prior placements
    2. The creation of goals wholly inconsiderate of her individual circumstances
    3. Denied a homebound placement on the basis of district policy which too narrowly interprets regulations and is inconsistent with case law
    4. Obdurately predetermined her placement in general education 40-79% of the time.

    Ronnie said he was “excited” when he learned about the judge’s decision.
    “It proved what I was saying all along. The district predetermined placement. The district arbitrarily made these decisions without any input from us. They didn’t care about anything that we thought. They didn’t give a thought to her medical records. Nothing,” said Ronnie.

    In a statement, a spokesperson for D20 said, “Academy District 20 received the Administrative Law Judge’s decision late on Monday. The District is currently reviewing the decision and considering our options. As such, we appreciate your understanding and will not be making any further comments at this time.”


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  • Customers left looking for vehicles after car repair shop abruptly closes

    Customers left looking for vehicles after car repair shop abruptly closes

    DENVER — The case of Nekia Johnson’s missing 1988 Oldsmobile Cutlass Supreme led her to a private residence in north Denver.

    Last summer, Johnson took her vehicle to Harley’s Garage in Aurora for an engine replacement. Not long after, multiple customers told Denver7 Investigates that the business owners closed up shop and disappeared with their cars.

    “We just wanted a simple engine rebuild for my husband’s old-school car for his birthday,” Johnson said. “It’s been a horrible experience.”

    Johnson said she and her husband tried to track down the car for quite some time, despite not hearing from the business, but then she received a call from a homeowner in north Denver.

    Denver7

    Their car was in the backyard, along with roughly a dozen others from Harley’s Garage. The homeowners were trying to find the rightful owners of the cars.

    Homeowner Jayne Tucker said people from the business rented space in their yard, which they had been renting out for vehicle storage for extra money. But she said the cars just sat there.

    “There was always some reason why they weren’t coming by,” Tucker said.

    Harley's garage 3.jpg

    Denver7

    Both Tucker and Johnson said they mainly dealt with Jack Truex. In a phone call Monday, Truex identified himself to Denver7 Investigates as the general manager of Harley’s Garage.

    He said that the company was locked out of its computer system after the closure, but that the owner, who is currently in rehab, is committed to getting people their money back.

    Digging into Truex’s background, Denver7 Investigates found Truex has a lengthy rap sheet, including guilty pleas for felony vehicle theft in 2014 and 2016.

    Truex declined an on-camera interview for this story. He said his past charges were unrelated to this current situation and reiterated that he does not own the company.

    “(The owner) is adamant that he wants to make sure all these customers get their money back,” Truex said.

    Harley's garage 2.jpg

    Denver7

    Meanwhile, Tucker said she is in the process of evicting Harley’s Garage from her property but is still trying to find as many owners as possible.

    “We have been opening up the cars to kind of look for registrations, proof of insurance, anything like that,” she said. “I have paid for a license plate reverse search service just to try and find people.”

    Truex promised refunds to customers. Johnson said she paid a $1,000 deposit for the engine replacement, but no work was ever done. After recovering the car, Johnson and her husband took it to another auto shop.

    “Hopefully we can get our money back and move on with life,” Johnson said.

    Anyone else trying to locate their car from Harley’s Garage should reach out to Jaclyn Allen at investigates@denver7.com.

    Customers left looking for vehicles after car repair shop abruptly closes


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  • ‘I should be dead’: Victims, family react to tragic HVAC collapse at Gaylord Rockies Resort

    ‘I should be dead’: Victims, family react to tragic HVAC collapse at Gaylord Rockies Resort

    AURORA, Colo — What began as a day of celebration ended in tragedy for the Markiewicz family, and others, whose lives were forever changed after the HVAC system collapsed inside the Gaylord Rockies Resort and Convention Center waterpark more than a year ago.

    Denver7 Investigates spoke exclusively with victims and family members who were there that day.

    “It was going to be a celebration for my granddaughter, she was turning 4,” said Patti Markiewicz, who was at the resort that day. She can still recall the moment she found out her husband, John, was seriously injured. “My phone rings… it’s my son-in-law screaming at the top of his lungs, ‘It’s John! You need to get down here right now!’”

    John’s son-in-law, Corey, was inside the pool area when the mechanical equipment came loose. “I called Patti, had her run downstairs because I didn’t know… that might have been the last time she saw John breathing,” he said.

    John Markiewicz was one of six people injured when thousands of pounds of steel ductwork came crashing down from more than 30 feet above and into the pool area. John and one other person were taken to the hospital with life-threatening injuries.

    John’s stepdaughter, Trisha, was another witness that day. “I heard this loud echoing of sheet metal rattling, like as if the whole roof was coming down. And you saw everything shaking,” she said. ” I could see this enormous HVAC system come like a torpedo and hit him, and he just splat… you see things in a movie and it’s not the same.”

    “I saw him get hit and I just saw… like, life just gone,” Corey said. “In my head, I’m like, ‘He’s gone,’ that’s how bad that hit looked to me. I’ve never seen somebody get crushed like that.” 

    “I get there and my daughter is down on the ground with my husband holding his head together and there’s blood everywhere on her and there’s soot all over them,” Patti said.

    Local News

    6 people injured after HVAC pipes collapse in pool at Gaylord Resort in Aurora

    10:40 AM, May 06, 2023

    Minutes later, paramedics rushed John to UCHealth in Aurora. He spent 17 days in the hospital where he underwent multiple surgeries and was treated for a traumatic brain injury as well as several fractures to his vertebrae, ribs, shoulder and arms. His skull was stapled in four places.

    John spoke with Denver7 Investigates from his home in Florida, where he conducts weekly doctor and therapy visits for his TBI. He no longer works.

    “It’s inconceivable I am still here, John said. “I should be dead by what the doctors told us.”

    A recently filed lawsuit claims the incident was a result of “poor design, poor construction, and poor maintenance.” It alleges the owners of the Gaylord and 12 other defendants are responsible for “reckless negligence,” “substandard planning,” “repeated deviation of approved building plans” and “failing to properly maintain the indoor air conditioning system.”

    Another victim, a 13-year-old girl from Arkansas, was also struck by the ductwork and knocked several feet out of a hot tub as she tried to escape, the lawsuit describes. She suffered a snapped pelvis, a shattered hip, and internal bleeding.

    Michael Burg and Holly Kammerer represent the Markiewicz family and other plaintiffs. They both agree the tragedy should have never happened.

    “The conduct was negligent, reckless and outrageous,” Kammerer alleged.

    “There are so many people and so many defendants, so many corporations that could have prevented this had they just done the right thing and made sure this was safe,” Burg said.

    “I did get angry,” Patti said. “Because [John] asked me… ‘Did I do something wrong?’ He didn’t know what happened. So that’s his first thought… ‘Did I do something wrong?’ I’m like, ‘No, you did nothing wrong. We were there for a celebration. They were wrong. Their equipment failed. They didn’t pay enough attention to the safety of their guests.’”

    Denver7 Investigates has reached out to attorneys for each of the 13 defendants in this case, and their responses varied.

    Attorneys for RK Industries LLC, Marriott Hotel Services LLC, Marriott Hotel Services INC, Blum Consulting Engineers INC, CTL Thompson INC, and Johnson Controls INC all did not respond to calls for comment.

    Attorneys representing Aurora Convention Center Hotel LLC, Aurora Convention Center Hotel Lessee, Ryman Hospitality Properties INC, Hotel Clean LLC, and HKS INC expressed that it is policy not to comment on pending litigation.

    Attorneys jointly representing Mortenson Welbro JV, M.A. Mortenson Companies INC, and Welbro Building Corporation provided this statement:

    “Mortenson/Welboro’s primary concern remains with those affected by this terrible incident. They are dedicated to thoroughly supporting the investigation into this matter and offering their insight into the facts and details of the situation. Out of respect for the ongoing investigative process, we won’t be discussing additional details at this time.”


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  • Tenants at Jefferson County senior living facility given only 30 days to find somewhere else

    Tenants at Jefferson County senior living facility given only 30 days to find somewhere else

    JEFFERSON COUNTY — Families with loved ones living at Villagio Senior Living in Jefferson County are left scrambling to find them new homes after the facility announced it is closing, just one month after notifying tenants.

    Multiple family members reached out to Denver7, saying the living facility notified them on May 13 of the closure happening on June 13.

    “I started to like, panic,” said Thanhnguyet Vo, whose father lived at the facility since 2018 until now.

    Vo’s father is an 86-year-old with dementia.

    “It’s not easy to find a place in 30 days and then pull all your finances together and pull all your resources,” said Vo.

    Denver7 obtained a copy of the notice sent to families. The letter reads, in part:

    “We are sad to be delivering this news, as we are very proud of the community of residents and team members here at the Villagio; but we also understand in this atypical economic environment, that difficult decisions must be made.”

    Villagio Senior Living

    Vo claims the living facility never discussed the possibility of raising rates with tenants.

    “Being caregivers and loved ones of residents, we have a stake in it, too. I consider us stakeholders in the business decision too, and we were never given a chance to even say anything until it was already over,” said Vo.

    According to a report published by the American Health Care Association in August 2023, 579 nursing homes have closed throughout the country since 2020.

    Denver7 called and emailed Villagio Senior Living to find out why the facility would be closing, but have yet to hear back from anyone at the center.


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  • Hidden camera tests reveal pitfalls in Colorado law making EpiPens more affordable

    Hidden camera tests reveal pitfalls in Colorado law making EpiPens more affordable

    DENVER — After learning multiple pharmacies were not complying with a new Colorado state law making EpiPens more affordable, Denver7 Investigates conducted a hidden camera operation at multiple locations and brought the footage to the bill’s co-sponsor. The test uncovered confusion about the bill and problems in properly informing pharmacies around the state, resulting in the delay of affordable, life-saving medication.

    On January 1, House Bill 1002 made epinephrine injectors, commonly known by the brand EpiPen, available for $60 to qualifying residents. This is considerably lower than the up to $700 price tag a two-pack can cost for those without insurance.

    Jackson Pugh, a high school rugby player, needs access to EpiPens due to a life-threatening peanut allergy.

    “It’s still kind of nerve-wracking. Like thinking if I eat something wrong that it could be life-threatening,” he said.

    Pugh is one of 500,000 Coloradans who rely on epinephrine to be the first line of defense during an allergic reaction. He and his mother testified in front of state lawmakers last year, helping to pass HB 23-1002.

    Specifically, the new bill addresses the “rising costs of epinephrine auto-injectors make this life-saving medication difficult or impossible to obtain for many people,” and serves to “establish an affordability program to ensure Colorado residents have greater access to epinephrine.”

    Two months after the program’s rollout, multiple sources have come forward, telling Denver7 Investigates they could not find a pharmacy that honored the cost cut. Denver7 Investigates went undercover at multiple locations in the metro area including Walmart, Walgreens, King Soopers, Safeway, and CVS, to find out why the law was being followed.

    “Us as pharmacists, and us as a company, don’t know what to do,” said a manager at a Walgreens location when asked by a Denver7 producer if they honored the $60 value.

    “I honestly think most places just didn’t know how to handle it,” said a pharmacy employee at one CVS location.

    “You’re my first person to do this… so I don’t know what I’m doing yet,” said a Walmart pharmacist.

    Multiple employees and pharmacists expressed confusion to Denver7 Investigates. Some said they had no way to bill patients or process payments at the cheaper rate, others blamed the medication’s manufacturers for not honoring the new price.

    “The [Colorado] Board of Pharmacy just released a thing… right now, they don’t have an answer. So right now, we’re all waiting to see what the manufacturers do,” the Walgreens manager said.

    “It says to just fill this out and bring it here and it seems like it’s like on the pharmacies to just like override the price, but we can’t, like we’re not getting any type of payment reimbursement, nothing from the government,” said one manager at a Walmart pharmacy, who spent over an hour during her lunch break to try and learn more about the law. “There’s no direction as to what we are supposed to do other than try to contact the manufacturer.”

    Despite qualifying for application and presenting it at multiple pharmacies, 70% of the locations visited by Denver7 producers lacked either the knowledge or ability to sell a pair of EpiPens for the discounted price. Denver7 Investigates took the hidden camera footage to Democratic State Senator Dylan Roberts, the bill’s Co-Sponsor, who admitted the law is not working.

    Hidden camera tests reveal pitfalls in Colorado law making EpiPens more affordable

    “She [Walmart manager] clearly understands the frustration with the lack of accountability from these big pharma companies and a lack of information of how she can fix the problem,” Roberts said. “She’s trying to do the right thing.”

    Senator Roberts said both he and the governor, who signed the legislation into law last June, expected the law was being followed. He told Denver7 Investigates, it’s the state’s job to make sure.

    “The state government oversees pharmacies and pharmacists,” he said. “I’ve run this program through the Board of Pharmacy and the Division of Insurance.”

    However, some pharmacy locations visited during the hidden camera test did follow the law. Pharmacists at a Safeway in Arapahoe County and a King Soopers in Denver understood how to honor the price change, selling Denver7 Investigates two epinephrine injectors at the correct price.

    “We just need to make a few phone calls, but it’s not like really complicated,” the Safeway pharmacist said, telling a Denver7 producer the medication is available for $60 at any Safeway location, as long as it is in stock.

    “It gives me hope,” Roberts said, after learning Denver7 was successful at a few locations. “I mean it’s a bright spot in a pretty tough set of videos.”

    Roberts concluded the evidence from the undercover videos would help him to address the problem and hold people accountable.

    “Now when the lobbyists come and say it’s not our fault, I can point to the video and say ‘Yes it is. This is what’s happening in pharmacies across the state. You are the manufacturer, you need to comply with the law and help the pharmacists do their job,’” he said. “We can fix it. I am sad about the two and a half months we lost.”

    Senator Roberts tells Denver7 Investigates, that he and Attorney General Phil Weiser are now considering enforcing the $10,000 penalty against injector manufacturers. Roberts is also pushing for better communications from his state agencies to inform pharmacies.

    Denver7 Investigates reached out to the Colorado Retail Council for comment and perspective on behalf of pharmacies. They have not responded to our questions.

    There is currently a lawsuit in process from at least one manufacturer against the state of Colorado in an effort to fight the cost cut.


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