On October 18, 630 KHOW-AM radio host Peter Boyles responded to a Colorado Media Matters petition calling on him to apologize for repeated false, misleading, and dubious claims he and his guests have made on the air. In doing so, Boyles falsely claimed that "[t]here is no mention" of Jose Luis Rubi-Nava, an illegal immigrant suspected of committing a September murder, on Colorado Media Matters' website. In fact, Colorado Media Matters repeatedly has debunked misinformation about the Rubi-Nava case spread by Boyles and others.

Boyles also stated that “in the next 10 or 12 days” on his show, he will interview guests whose misinformation Colorado Media Matters has highlighted and ask, “You're being accused of being a liar and when you said this on the radio show. Are you a liar, or is it the truth?”

After identifying numerous instances in which Boyles and his guests made inaccurate or misleading claims on the air, Colorado Media Matters launched a petition drive urging “Boyles to apologize to his listeners, and all who were offended, for his specious claims.”

On his October 18 show, Boyles discussed the petition, telling listeners, “These guys are buying banners on the Westword website and on The Denver Post website, and they are called Media Matters, and I've taken a look at what they have to say, and we've gotten some email about it, and I got a phone call from those guys. And what their big issue seems to be is that people who appear on this show, they claim are liars.”

Boyles then falsely claimed that "[t]here is no mention of" Rubi-Nava's alleged crime on Colorado Media Matters' website:

And what I think is fascinating, and there is this notion of fair and balanced. Everything is missing in this website that these guys have, on guys like Jose Luis Rubi-Nava, who drags the woman to death. And you know, [Raul] Gomez Garcia, who murders [police officer] Donnie Young. All these insane crimes committed by illegals, none of them are there. On their website. There's no mention of any of this.

In fact, on September 25, Colorado Media Matters posted an item specifically challenging Boyles's false claims about the Rubi-Nava case. Following reports that Rubi-Nava, an illegal immigrant, was arrested in Denver after an unrelated April traffic stop but was not turned over to Immigration and Customs Enforcement (known as ICE or BICE) for deportation, Boyles falsely claimed that in the Denver Police Department Operations Manual, police officers are “mandated not to call” ICE. As Colorado Media Matters noted, however, the operations manual states that “when a suspect believed to be an undocumented immigrant is arrested for other charges, a 'Refer to Immigration' charge will be added to the original charges. Sheriff's Department personnel will then notify the B.I.C.E. authorities according to their procedures.” This regulation apparently would have applied to Rubi-Nava's April arrest, even though it apparently was not carried out in this instance.

Colorado Media Matters posted two other items (here and here) regarding similar claims about Rubi-Nava made by other conservative radio and television hosts.

During his October 18 show, Boyles repeatedly discussed a video clip accompanying the Colorado Media Matters petition that contains audio of claims made by Boyles and guests on his show. Referring to the claim -- repeated by at least four of his guests -- that illegal immigrants are responsible for the deaths of 25 Americans each day, Boyles stated:

In other words, these guys talk about how many illegal aliens have caused people deaths in automobile wrecks and this kind of stuff. “False,” it says on their little ad. OK. Terrific. So what is the real truth, what's the real number of how many people illegals kill? They don't say that.

In fact, neither the video clip attached to the petition, nor any of Colorado Media Matters' items, referred to this claim as “false.” Rather, Colorado Media Matters noted that this statistic is “dubious” and did not provide an alternative figure precisely because there does not appear to be any reliable source for the number of Americans killed by illegal immigrants. However, Colorado Media Matters has noted that Boyles's past claim that the statistic comes from the U.S. Government Accountability Office is “false.”

Boyles returned to the subject later during his October 18 show, while interviewing anti-illegal immigration author Daniel Sheehy, who said that “as you know, there in the Denver area, as well as across the country, thousands of Americans have been killed by illegal aliens.” Boyles then “urge[d]” Sheehy “to take a look at a website here, Media Matters.” Boyles said that “it says that we have had numbers of people on the show who are going to say what you say, and that you guys are liars, that this is false.” Again referring to Colorado Media Matters, Boyles added, “It's targeted at me because I have people like you on the show.” Boyles then told Sheehy, “Give me the number that you're going to project here. Or are going to say. And then, give me your source of where the number comes from.”

Later in the show, Sheehy stated that he “was able to come across” the “specific number Americans who have been killed.” Like previous Boyles guests, Sheehy said it is a “figure by U.S. Congressman Steve King [R] of Iowa,” who, Sheehy claimed, “says that illegal aliens have caused the deaths of 9,125 Americans annually [25 per day]. And of course, this also includes Americans who are driving on the road and are hit and killed by illegal-alien drunk drivers.”

Colorado Media Matters repeatedly has addressed King's dubious statistic and repetitions of it on Boyles's show.* While King misleadingly “extrapolated” figures from an April 2005 Government Accountability Office (GAO) study to claim that immigrants cause 25 American deaths each day, the GAO report itself makes no such claim. The study shows that “noncitizens convicted of crimes while in this country legally or illegally” comprise approximately 27 percent of the United States federal prison population.

As Colorado Media Matters noted, King's figures are dubious because he generalized the GAO study's 27 percent figure to apply to all inmates, despite the fact that it reported accurate numbers only for the federal prison population, which comprises less than 10 percent of the U.S. prison population, and not for state or local prison populations. According to the report, “there was no reliable population and incarceration cost data on criminal aliens incarcerated in all state prisons and local jails.”

Furthermore, the GAO study did not break down federally incarcerated criminal aliens by specific criminal offenses. But King took U.S. crime statistics on first- and second-degree murder, manslaughter, and negligent homicide across the entire justice system and concluded 28 percent of crimes in each category are committed by criminal aliens against Americans.

Sheehy, like previous Boyles guests, also cited King in claiming that “illegal aliens have caused the deaths of 9,125 Americans annually.” But the GAO study reported the percentage of federal prisoners who were “noncitizens convicted of crimes while in this country legally or illegally.” **

From the October 18 broadcast of The Peter Boyles Show:

BOYLES: What's interesting to me is, there's been all this undercurrent about people telling lies on this radio show. And I'm sure that's not something that somebody hasn't seen. These guys are buying banners on the Westword website and on the Denver Post website, and they are called Media Matters, and I've taken a look at what they have to say, we've gotten some email about it, and I got a phone call from those guys. And what their big issue seems to be is that people who appear on this show, they claim are liars. But they don't in their website -- and I took a look at it, and I looked at some of the names of the people that have signed their initiative. It's interesting [community activist] -- LeRoy Lemos's name is on there. There's a guy. You want him to be the truth-teller, right. But it's interesting. I got a call from this guy that runs it, and you know -- their concern is that I have guests on this show that they say aren't telling the truth. Well. Um, you know, I have been sued over people appearing on this radio show that said things. And I think it's interesting that I'm supposed to say I'm sorry, I guess, predicated on something that somebody else said. And so, what we'll do is, we'll have a number of these people on the show. And just say, hey, man, are you telling the --they say that you're lying when you say this demographic, or this part of arrests, or this part of things that have happened in this country in the criminal sector. And what I think is fascinating, and there is this notion of fair and balanced. Everything is missing in this website that these guys have, on guys like Jose Luis Rubi-Nava, who drags the woman to death. And you know, Gomez Garcia, who murders Donnie Young. All these insane crimes committed by illegals, none of them are there. On their website. There's no mention of any of this. Huh. So you don't think that this organization has a political position, do you? I mean, if there were things asking questions with, “Gee, why did Pete Boyles on his radio show ask if why Cole Finnegan resigned in the Douglas County captures Jose Luis Rubi-Nava, who drags a woman,” that's just all missing. It's just not there. Or that we dare say that this is a sanctuary city. Gosh. That's not there. Oh, it is there? Oh, it's there because it says I say we're a sanctuary city in Denver and we're really not. So the website is -- the website is what it is. And I know we've gotten a lot of email about it. And I've got a phone call from this guy. And fine. So what we'll do is, we'll have these people on in the next 10 or 12 days and say, “OK, these people say you're a liar.” And that's what they say. They say liar. They don't say liar, what is it they say? They say false statement. Fine. But. If you believe that is a false statement, show me what the truth is. In other words, these guys talk about how many illegal aliens have caused people deaths in automobile wrecks and this kind of stuff. “False,” it says on their little ad. OK. Terrific. So what is the real truth, what's the real number of how many people illegals kill? They don't say that. There's nothing in their commercial or their petition about the likes of a Rubi-Nava or the likes of Jose Luis Rubi Nava dragging the woman to death and what happens in the city of Denver or the releasing of people. But Denver is not a sanctuary city, they claim. So on and on. So we've gotten a lot of calls about these people, and emails about these people. And so this will be whatever it is. But if you want to look at it, it's called Media Matters, and they're buying banners. They bought a banner in Westword; they bought a banner in The Denver Post. I know they listen to the show, so good morning to them. And um, fine. But if you are who you are, then why don't we say some things? Like, what has happened to Denver public health? What has happened to Denver public schools because of illegal immigration? What has happened to the courts and the safety systems? What has happened to voting because of illegals? It's missing in their website. So, it's pretty clear to me that these people have -- and that's great, I mean, this is the United States of America, man. These people have a -- have politics to their website. And the sense of it that I get -- and they go after other people. They go after Mike Rosen; they go after Bob Newman. Who else is on their list? Just a bunch of people that they go after. And they're seemingly -- radio talk show host -- although, I looked and they go after Channel 9 and Fox News from time to time. But, ehh. So, I'm glad they're out there. I welcome their appearance on the Internet and all that kind of things. But -- I don't know. I mean, I don't see it as something that's -- that has -- it carries, what it seems to be is, this is all nonsense and that there's no problems with illegals. So -- in response to so many phone calls and so many -- not so many phone calls, but a couple of phone calls and a lot of unsigned emails, and -- one of the things I have learned about unsigned and untraceable emails, it's the same person many times. Again and again and again. Using other names. So that's it.

[...]

BOYLES: And then -- there's a new book out; it's entitled, “Fighting Immigration Anarchy.” And we will -- I've been halfway through the book, and it's a reader. And it talks about different people. And it is, I think, so well put together. And again, as we have said, as I'm sure many of you know, there is this Media Matters banner headline thing on the Rocky Mountain News, Post, and on their page as well as on Westword. And I looked at what they have to say, and the criticism is that people that appear on this show don't tell the truth. The interesting part of it, there's nothing that says, here is the truth. And it's very clear that there's so much they do overlook in their criticisms, like -- well, it is what it is. So -- it appears to me -- it is. And we will get the people on that they accuse of being liars and we'll say, “You're being accused of being a liar and when you said this on the radio show. Are you a liar, or is it the truth?”

[...]

SHEEHY: ...President Bush, the senior president Bush, is a socialist and an internationalist, and apparently it looks like his son is following in the same footsteps. I don't -- it's really quite astounding to me, and I've been studying this issue every single day for four years now, that a man who swears an oath of office to uphold our Constitution and enforce our laws would allow thousands of people to enter our country illegally during the past five years when he has been telling us every day that we're in a war on terror. And, as you know, there in the Denver area, as well as across the country, thousands of Americans have been killed by illegal aliens.

BOYLES: Now, this is -- there's a website here in town that has been running two banners -- one on a local paper, Westword, a weekly, and one in The Denver Post. And it says that we have had numbers of people on the show who are going to say what you say, and that you guys are liars, that this is false. And I am going to do a little mind-reading here. What is it that you're about to say about numbers of people killed by illegals?

SHEEHY: Well, these are facts. And --

BOYLES: No, but -- I would urge you to take a look at a website here, Media Matters, and it's interesting, because -- there are sins of commission and sins of omission. There's nothing on their website -- it's targeted at me, but it's targeted at me because I have people like you on the show. And so, what they do is, they take sound bites from this radio show, here on 630 KHOW, from guys like [Jim] Gilchrist and people that I'm sure you know. And they play their drops, and then they put a “false” thing on there. It's a stamp, that this is a false statement. So, let's do this. Tell me about the number you're about to -- give me the number that you're going to project here. Or are going to say. And then, give me your source of where the number comes from.

SHEEHY: Well, I use as my source, quite honestly -- most of my research comes from mainstream media sources. What I did, and what I do in my talks is, I just connect the dots. My mainstream news media sources include The Denver Post or The Washington Post, or the Los Angeles Times.

BOYLES: So what's the number, Dan?

SHEEHY: What's the number of people who have been killed?

BOYLES: Yeah.

SHEEHY: I don't have it off the top of my head. There have certainly been thousands who have been murdered, raped; children who have been sexually assaulted. The report that I was just talking about by the House Homeland Department states in it -- and, as I said, it's about 35 pages; I haven't gotten through all of it. But it says that terrorists have come across the border, certainly the Mara Salvatrucha gang, which the FBI has been tracking for a couple of years now. Uh, the FBI even reports there are 30,000 to 50,000 of those Mara Salvatrucha gang members from Central America in American cities.

BOYLES: Mmm-hmm. Well, I mean you're preaching to the choir --

SHEEHY: Right --

BOYLES: -- but I guess what I am asking you is, when you give numbers, for instance, crimes committed by illegals in this country, do you have a number?

SHEEHY: I do not have a specific number to give you right now. If I --

BOYLES: Yeah --

SHEEHY: If I go to V-Dare.com --

BOYLES: -- yeah.

SHEEHY: -- or some of the other sites that track this --

BOYLES: -- but see, when you -- they call V-Dare liars. And they call Spencer a liar. I don't know if they directly have called Spencer a liar. But they've called Gilchrist a liar. They've called other people liars. It's interesting, because in their website they put down a stamp that says “false,” but then they don't give you a number that they say is true.

SHEEHY: Well, they don't want to talk about the issues, Peter. This is what we're getting at. In fact, Gilchrist, who I saw on Saturday at a rally down in Carlsbad, California -- Gilchrist says, you know, he and a black American by the name of Marvin Stewart were attacked at Columbia University by people who did not want them to simply --

BOYLES: -- to speak.

[...]

SHEEHY: -- and you had asked me a couple times earlier in the program, can I give you a specific number of Americans who have been killed, and I was able to come across that.

BOYLES: All right.

SHEEHY: A figure by U.S. Congressman Steve King of Iowa, and he says that illegal aliens have caused the deaths of 9,125 Americans annually. And of course, this also includes Americans who are driving on the road and are hit and killed by illegal-alien drunk drivers.

BOYLES: So, in the last couple of years that number would be -- that 9,000-plus number times five? And that's the part they said, oh, that's false. Well, then what's true?

SHEEHY: Well then, let them call it false.

BOYLES: Of course; that's my feeling, but --

SHEEHY: Exactly. And of course, you and I -- I would certainly love to sit on a stage as long as there was security and have a, an adult-like debate with these folks who call you a liar, call Terry Anderson a liar, Barbara Coe, myself.

BOYLES: Gilchrist.

SHEEHY: Gilchrist. And let's just talk about the facts.

BOYLES: But again, that is what it is.

This item originally stated, “Colorado Media Matters repeatedly has addressed King's dubious statistic, as well as further distortions of it on Boyles's show.” See below for explanation.

**Correction: This item originally stated, “Sheehy, like previous Boyles guests, further distorted King's already dubious statistic by claiming that 'illegal aliens have caused the deaths of 9,125 Americans annually.' But both King and the GAO study reported on 'noncitizens convicted of crimes while in this country legally or illegally.' ”

The GAO study did report on the percentage of federal prisoners who were “noncitizens convicted of crimes while in this country legally or illegally.” However, while King said in a speech on May 27, 2006, that the GAO study “shows 28 percent are criminal aliens,” he also claimed the figure applied specifically to illegal immigrants. He asserted, "[I]f you extrapolate that across the crimes that are committed, between first- and second-degree murder and manslaughter -- willful, violent, death -- that number comes to, on average, 12 Americans a day die at the hands of those who come into this country that, if we'd enforced our borders, would not be here to commit the crime. That's the violent ones. That's the willful ones. There's another 13 every day that die in a wreck because of negligent homicide, because of victims of drunk drivers who should not be here in this country." Colorado Media Matters regrets the error.