Latest / The Lunch Rush with Trent Condon / Last night in MLB, remembering the 6-4 Iowa/Penn State game, Ben Lynch on the Draft Kings case in Iowa
Transcript
- 0:10Hi, good afternoon. Welcome to Miller and Condon.
- 0:13On a Wednesday it's the Iowa Sports Radio Network.
- 0:16Back to Iowa based programming for the next 1236 hours.
- 0:21We'll start things off, take you until 2O clock, then the drive
- 0:24Heather and Lucas until 5, overtime Iowa 5 until 6.
- 0:29Trent Condon, Ken Miller with you until 2.
- 0:32Here's what's coming up on our program.
- 0:34We discussed yesterday the lawsuit that concerns a a Dallas
- 0:39County individual, Nick Bavis Beavis.
- 0:43What do we just settle on? I think.
- 0:45Bavis. Bavis, Nick.
- 0:46Nicholas Bavis. But it's a last name, and you
- 0:48know how pronunciations can know?
- 0:50Very tricky unless your last name is Miller.
- 0:52That's tough to miss. Yes, Smith, Miller, there's a
- 0:55few of them, But we'll talk to Ben Lynch.
- 0:58He is representing Nick Beavis Bavis in his lawsuit against
- 1:03DraftKings talked about it yesterday.
- 1:06Just you know what goes into a DraftKings accepting the bet,
- 1:08etcetera. And then DraftKings not wanting
- 1:11to make good on the on the number of wagers that Nick Bett.
- 1:17So we'll talk to Ben Lynch who's representing him here at the
- 1:21bottom of the hour. Hour number two is Wednesday.
- 1:24So we'll head to Chicago, catch up with Cappy.
- 1:26You'll be in a great mood. The Cubs winning again yesterday
- 1:29come from behind fashion Kate Horton.
- 1:31Another good outing out of the rookie Kate.
- 1:34Good to see that Cubs bats coming to life again.
- 1:38Just a fun team overall to watch.
- 1:40They truly are. So we'll talk to Cappy about the
- 1:42Cubs, Chicago sports, etcetera when he joins us to kick off our
- 1:46number 2. He's sponsored by Centurion
- 1:50Stone of Iowa. Centurion Stone of Iowa sponsors
- 1:53Cappy. And then Joe O'Donnell, the
- 1:55radio voice of the Minnesota Wild.
- 1:57Formerly it was with us and Des Moines calling the Iowa Wild,
- 2:00but got the call to the bigs and he's been the radio voice of the
- 2:03Minnesota Wild two or three years now.
- 2:05Trench, is it 3 or it's two or three?
- 2:08Joe will join us to help us out with Florida and with Edmonton.
- 2:11Game one goes tonight. The Oilers are favored, which is
- 2:14surprising to me, but we'll see where it goes.
- 2:18We talked to Mike Palm earlier on our Mediacom show and he made
- 2:21a really good point that usually the best player in the game at
- 2:24some point gets their Stanley Cup.
- 2:28And Connor McDavid has not got his Stanley Cup, got close last
- 2:31year. Is this going to be the year?
- 2:33And I don't know, Maybe that's one of the reasons that people
- 2:35are making the Oilers the favorite.
- 2:37I don't understand it. I don't.
- 2:38I'm rooting for him. Because he got a lot of tickets.
- 2:41I do and I've got tickets that are over almost a year old.
- 2:44As soon as as soon as they gave the Cup to the Panthers last
- 2:47year, I logged on to bet the Oilers and I should have waited.
- 2:51I mean, I got 9 1/2 to one, I think.
- 2:53But there were times throughout the year that I could probably
- 2:56got 15 to 1 when they were struggling a little bit.
- 2:58But it's when you shop and when you get those price.
- 3:00But I thought it would go the other way.
- 3:02But I'm happy with what I've gotten.
- 3:03I mean, I can't lose. I'm in a great spot with both.
- 3:06I've got great. I've got Rory McIlroy to win the
- 3:08Masters to the Panthers. That's good one.
- 3:10So I'm in a great spot. So game one goes to Night 7, 15
- 3:15roughly I would guess would be puck drop.
- 3:17TNT will have that one so we'll get old.
- 3:20Check Marv Albert's kid. I can't think of Kenny, Kenny
- 3:24Albert and Brian Boucher between the benches.
- 3:27Pretty good crew and obviously the in studio crew just towers
- 3:32above Steve Levy and Mark Messier and PK Subban.
- 3:36So should be hopefully it's entertaining.
- 3:39We will see and go from there. You're ready for it.
- 3:42I am I've been it's you know, baseball was really fun again
- 3:45last night. The Cubs started it.
- 3:47Cubs ended. I went over and watched the the
- 3:49Cardinals and the Royals, which was a pretty good game.
- 3:52Watched Caglione try and get his first hit.
- 3:54Boy, he hit the ball hard. Just didn't fall O for five, but
- 3:57made contact every time. And I mean hard contact.
- 4:01But the the Royals came up, came out on top of that one and then
- 4:04I finished it off. I started to put the Twins and
- 4:07the A's on and it just, I mean, I'm giving up Mets and Dodgers
- 4:11and I couldn't make myself watch the local squad.
- 4:13So I watched the Mets broadcast Howie Rose and Keith Hernandez
- 4:19in the booth for that one. And what I didn't see the end,
- 4:22but it was a good baseball game till I turned it off.
- 4:24You missed Royce Lewis finally getting a hit.
- 4:26How? About that, what does this mean?
- 4:28Nothing I was watching at the time.
- 4:30You didn't even hesitate. No.
- 4:32I mean, it was great though, to see him looking back at his team
- 4:37because he just missed a home run on top of it.
- 4:39He smiled, he smiled and that was my take away.
- 4:43Maybe it's just that he hit a ball hard, but also the two at
- 4:47best before. Were they bad?
- 4:49He looked lost. Oh.
- 4:50Jeez, Yeah, It just, there are those components that this is
- 4:54not. I don't think all of a sudden,
- 4:55boom, he's ready to go again. Yeah, yeah, He hit it.
- 4:59It was a hanger over the plate. He banged it out to left center
- 5:01field. It was a good swing.
- 5:02OK, that's a positive. But it's not over.
- 5:05There's still a lot that needs to be done.
- 5:07One well hit ball does not solve everything that's gone wrong.
- 5:10You know, Oakland got off to a decent start.
- 5:12Not Oakland. Sorry, the A's.
- 5:14You're not alone. Sacramento.
- 5:15And that's the dumb thing, too. We can't call him Sacramento
- 5:17because they won't put that on there.
- 5:19But you know what? Are you sold that they're going
- 5:21to Las Vegas? You really are I'll.
- 5:25We'll see. Where else they going to put?
- 5:26Him, well, I don't know the answer to that, but I do know
- 5:28that the guy that and I can't think of what he owns, but
- 5:32apparently whatever he owns, his company is falling on some hard
- 5:37times. Whatever he does for a living, I
- 5:40don't know. Please remind me the last time
- 5:42that a sports owner went bankrupt.
- 5:46The guy that owned the Kings? Bruce McDowell when he went to
- 5:48prison. When was that?
- 5:50When he signed Gretzky? Couple years after that.
- 5:52Late 80s, early 90s. So almost 40, almost 40 years
- 5:56ago. Yeah, it doesn't happen very
- 5:57often. This is a different era, too,
- 5:58Yeah, when you're talking about the money that is involved in
- 6:00these leagues, they're going to Vegas.
- 6:03It's happening. It will happen now there's.
- 6:07Price tag keeps going up for the stadium.
- 6:08It does need to get a shovel in the ground to get that thing
- 6:10started. Well, they've knocked down the
- 6:12Tropicana. I mean that that is a major
- 6:14intersection with a big plot of land.
- 6:17And if it's not the ballpark, and I'm with you, I think it
- 6:19will happen, but I don't know. We'll see.
- 6:24John Fisher is the guy's. Name and what?
- 6:26What does he own? Do you know?
- 6:28Well, he also owns the San Jose Earthquakes of the MLS.
- 6:32How about the Texas Rattlers of the Professional Bull Riders
- 6:35organization? OK.
- 6:37Where he made. Talk a lot of bull riding here.
- 6:39Doesn't make the cut often. His parents were the Co founders
- 6:44of Gap. The clothing.
- 6:47And gap is going gap, but that's what it is.
- 6:49They're falling on hard times. As most of those communities
- 6:52definitely are. Yep.
- 6:54They'll be fine, and they'll find an owner.
- 6:56Yep, though the twins are ready into some own trouble on that
- 6:59front, too. Yeah.
- 7:00I mean shot, I mean big outlet stores like that, I mean this,
- 7:03this will maybe affect or maybe not defect might cost the I've
- 7:09heard of that maybe of 1% of our audience.
- 7:11But there's a major department store in Canada called Hudsons
- 7:14Bay Company. They've got the blankets.
- 7:16You ever seen the red, white and blue striped or red, white and
- 7:19green stripe blankets? Probably not, but they were a
- 7:22business. They were a company back to the
- 7:241600s, OK, And every city had a Hudson's Bay.
- 7:28They went bankrupt this week and they've closed the mall, so it's
- 7:31hitting everybody. You've seen the blankets.
- 7:34Google Hudson's Bay Blanket. Hudson's good.
- 7:37God, how did we get here? Football, please come back.
- 7:40Hudson Bay Blank. Never seen it.
- 7:42You've never seen that. Never.
- 7:43Seen it. That is very Canadian.
- 7:45They're very pricey too. They are for a blanket.
- 7:51I've never seen that. You really have.
- 7:52No, no, not at all. Not at all.
- 7:55To my original point. Yep, not watching a whole lot.
- 7:57Of stick you want to stick on the blankets.
- 7:58No. OK, the A's decent.
- 8:01Start hanging around some young guys.
- 8:04Yep, they're obviously in last place now.
- 8:06Do you know how many what their kind of streak is up to?
- 8:09Well, they lost 8 consecutive. They've lost 18 out of 19 now.
- 8:12Oh God. Yeah.
- 8:14It was. Remember April?
- 8:15Kind of. They were talker.
- 8:16We absolutely. You know, they got some poppers
- 8:18in that line up. Obviously the stadium, what it's
- 8:20going to be, we're going to have a lot of overs here.
- 8:22They were kind of hanging around in 18 out of 19 now losses going
- 8:27the wrong direction in Sacramento.
- 8:29And and they're firmly in last place.
- 8:31I just clicked on it. Yeah, they're below the angels.
- 8:34Are we? We talk about this often.
- 8:36Major League Baseball standings you know when it was in the
- 8:39newspaper both of us every single day include you would yes
- 8:44and I would have it memorized yes every single day yes how
- 8:47many of the. And leaders.
- 8:48And the least statistical leaders.
- 8:50Oh. You would have the top five in
- 8:52each league. Who leads the league in home
- 8:54runs? I am Dumber without the
- 8:55newspaper. I have to say it all the time.
- 8:57It's true. A huge, huge component to him.
- 9:00Where currently are the guardians in comparison to my
- 9:03Twins and teams that I root for? How much of the Cubs up?
- 9:07You know how many games there are in front right now?
- 9:084. How many 55?
- 9:12But that was something every morning I would have.
- 9:15Bummerized the royal. I mean the the cards lost
- 9:17yesterday, so five. Yeah, Yeah, I agree with you
- 9:19totally. And top to bottom all the way
- 9:21through. Don't have that anymore.
- 9:23No, you don't. Is it because the newspaper is a
- 9:26part of it? But also.
- 9:29Attention. Span Well, you didn't have that
- 9:30newspaper in your pocket, right? You had to memorize things.
- 9:34Yeah, that's not the case anymore because you know what I
- 9:37do? I open up my app that has all
- 9:39the scores in the standings in there.
- 9:40Or I just Google when I need something I don't have to know
- 9:43because everything is with me. Yes.
- 9:46And another component that we're just Dumber.
- 9:48We are Trent. We we when we started sports
- 9:53talk radio, if the papers were late.
- 9:55Ohh, I can imagine. Going on the air at 6:00 AM.
- 9:58It was Ken Thompsons fault. It wasn't.
- 10:00But you know, he took he bore the brunt.
- 10:03Poor kid. I could imagine.
- 10:04No, it was awful as I as I think back, but we would say I would
- 10:08never get rid of yesterday. Yesterday's paper.
- 10:10Sure, just in case the paper for tomorrow didn't come in.
- 10:14So we'd have that point of reference.
- 10:16How many yards did the quarterback throw for?
- 10:19Who do the Vikings play this week?
- 10:22You know, these type of things that it was all the newspaper
- 10:26was our computer back in the day.
- 10:28It was, I don't, I don't understand, like I'm walking a
- 10:30mile to school. But this is true, right?
- 10:33It was, this is absolutely true. And the box scores I would
- 10:37spend, I don't want to say hours, but I would devour it.
- 10:42Devour it. Egg A type every single box
- 10:45score going through for what I don't know.
- 10:48Right, because we're used to doing it.
- 10:50But that was a part of preparation, of a, of going
- 10:54through. Just growing up as a kid.
- 10:55Yes. You know whose baseball card you
- 10:58want to keep or what can you put in your spokes?
- 11:02Absolutely. You know, But yeah, yeah, those
- 11:05were the days, right? Those were the days.
- 11:07There was no computer. There was no Internet, there was
- 11:12no streaming, there were no passwords.
- 11:15Different world. It is a different world, but I I
- 11:19missed I missed. I don't read the box scores and
- 11:22and look at this isn't a this is a sports section.
- 11:25We're Dumber 'cause we don't have the newspaper.
- 11:27I don't care who we vote for right?
- 11:29I don't care if you think it's slant and it maybe be I don't
- 11:32know, but it's about the sports section to me and the just the
- 11:35fact that God pouring through those box stores.
- 11:38Well, since we're talking old stories, Jim Marshall from the
- 11:41Vikings passed away yesterday. Of course, a famed member of the
- 11:45Purple People Eaters with the Vikings, along with Carl Eller
- 11:49and Alan Page and Gary Larson, 87 years old, 270 consecutive
- 11:56games started for the Minnesota Vikings, was a part of those
- 11:59Vikings teams. The the Super Bowl, the four
- 12:03losses. He was a part of that, for
- 12:05whatever reason, not in the Hall of Fame.
- 12:09I don't get it. I mean, and I don't think it's
- 12:13going to happen 'cause he his time has passed with the
- 12:16Veterans Committee. But you asked Fran Tarkenton,
- 12:18what do you want to ask him? He can go to an X and look for
- 12:20yourself because he put a tribute to Fran Tarkenton on our
- 12:25to Jim Marshall, his former teammate on his X account
- 12:28yesterday. Just what he meant and what he
- 12:30meant to Bud Grant. A guy that played in the era of
- 12:3314 games, not 16 games or now 17 games, soon to be 18 games, that
- 12:37has a record for most games played in the NFL.
- 12:41But he was a one time All Pro. Yeah, he was a two time Pro
- 12:45Bowler. And he ran the wrong way.
- 12:47And he ran the wrong way. And you know what?
- 12:48And that's probably the reason that I know who he is.
- 12:51Yes. I am in my mid 40s.
- 12:53Yes, I'm becoming you saw my Gray hair on TV today.
- 12:56You're. Becoming on me.
- 12:57It is plentiful, Yeah. Not much black left in there.
- 13:00I am now becoming a Gray hair and short of that clip and then
- 13:04Fairpoint Trent, people talking about the purple peep leaders,
- 13:06but him as a football player, that's all I know.
- 13:09Yeah, he was amongst a great defense.
- 13:10Early 60s November the year 6360.
- 13:14Early 60s. It was against San Francisco.
- 13:16I remember that. His last decade, he didn't make
- 13:20a Pro Bowl. Yeah, I hung around a long time
- 13:23he had. He's captain of the team.
- 13:25He didn't have double figure sacks after that.
- 13:27Pro Bowl here, played a long time.
- 13:30If he would have won a Super Bowl or two, if the Vikings
- 13:33would have won and he didn't have the wrong way, the wrong
- 13:36way running in on his resume. But that's a really good point
- 13:39you make. That's how you remember.
- 13:41Him, Yes. Carl Eller.
- 13:42Who's the better football player between him and Carl?
- 13:44I don't know, Alan. Page and.
- 13:48And then you go that direction, right?
- 13:49I mean, but with that group, Gary Larson, I, I just know them
- 13:57as a Purple P players. I know Jim Marshall because of
- 14:00that, you know, I know the other guys just as is that they were
- 14:04amongst the group, but not Hall of Farmers.
- 14:08That's the reality, at least as I see it.
- 14:10Well, as a hell of a player that passed away yesterday at the age
- 14:13of 87 years old and is just revered up in the twist.
- 14:17Well, look who's here concentrate our former producer,
- 14:21the first producer in the history of sports talk radio
- 14:24here in Central while in Iowa a full time radio.
- 14:28Anyways, Kenny, do you remember was like when the papers were
- 14:31late and you paid the price and I don't know why.
- 14:34Yeah, $0.50 a piece each day. OK.
- 14:36Well, right. I'm sure you're well reimbursed.
- 14:39Uh huh. Oh, yes, I was actually, yeah.
- 14:41It was always fun trying to find a different place that might
- 14:44have it. I never knew, especially when
- 14:46the snow was coming. There's no way you're going to
- 14:48find it. You.
- 14:49Driving all over Altoona and then Indianola and then into Des
- 14:52Moines. South side of Des Moines, get to
- 14:54the airport. Maybe there's a place there
- 14:56that's got them. I remember the days, man, I.
- 14:59Remember the good old days? I know it's coming up on 29
- 15:02years because it. Is where are you now?
- 15:05You still back East? I'm still back in mass.
- 15:08Yep. Good stuff.
- 15:09Well. Thanks for good time.
- 15:11Thanks for listening, brother. I'm glad you're still logging on
- 15:15and listening on the I Heart app.
- 15:17And good to hear from you, Kenny T Everything all right in your
- 15:19world though? Health good.
- 15:22Going great. I'm getting I'm still alive, so
- 15:23it's always good, yeah. It's good.
- 15:25You're a good man, Kenny T Thanks for.
- 15:26Listening, bro. Yep, see ya first producer Kenny
- 15:30T. He's a good guy, heard some
- 15:31stories. Wasn't he on the roof trying to
- 15:33hold up an antenna? Well, we started when we first
- 15:35started Prairie at Prairie Meadows.
- 15:37We're in my office. In fact, I got a picture of my
- 15:40office and it's got newspaper clippings and NFL schedules.
- 15:44Back to the point, we didn't have Internet, you know, because
- 15:46my where I called the races, it was that like, you know, ceiling
- 15:49tile with ceiling tile with the little holes in it.
- 15:52That was what my office was made of.
- 15:55But it's so it's easy to staple into it.
- 15:57And all throughout the office was all these schedules and
- 16:01rosters and because that was it. But yes, so one day during a
- 16:07snowstorm and we're on the roof of Prairie Meadows with the top
- 16:10floor, Mr. T had to in a storm, hold an antenna in up in the
- 16:19elements trying to get the feed from my office in Altoona to go
- 16:23to the tower in Indianola. He was out there like the Statue
- 16:26of Liberty with the with the torch, right?
- 16:28Was this, what do you say A. Storm like it was a brainstorm.
- 16:32Thunderstorm I. Think so?
- 16:34Lightning could have hit Kenny T Yeah, yeah.
- 16:39Now come to show. Must go on.
- 16:42I'm not sure it did because I know we did it, but I'm not sure
- 16:44anybody heard it. If it was a successful.
- 16:47We were the gang that couldn't shoot straight, but we were
- 16:49first. Wow.
- 16:50Yeah, anyways. What is the anniversary date?
- 16:53We'll hit 24th? The 24th.
- 16:55So three weeks away from 29 years.
- 16:59Wow. Yeah, wild.
- 17:02Anyways, so hey, Speaking of well, as we continue to go down
- 17:06the road of old stuff, sure. Today is celebrated in Hawkeye
- 17:11Land at 640 June 4th. What's that?
- 17:152004 Iowa 6 Penn State Four final in.
- 17:19Yeah, I love the game. Yes, and because it's June 4th
- 17:23on the calendar. 6/4 OK people celebrate.
- 17:26Remember this day. Yes, 6/4 I saw a lot of Hawkeye
- 17:29Twitter. Parents breakdown interview
- 17:31after his father died. Yes, he was gone basically the
- 17:34whole week. We know the importance as a
- 17:36Pennsylvania kid of this game was in Michigan for his father's
- 17:40funeral. Him and Brian I think showed up
- 17:44maybe the morning of the game. Brian was with Brian was beside
- 17:47him during the interview. Was it?
- 17:49It was either the morning of or Friday night and day.
- 17:52Everybody was already in bed. Something like that.
- 17:53Now I've refreshed my memory. Was he supposed to be there?
- 17:58Was it? Was it a surprise he was there?
- 18:00I think all week long if memory serves, and we're going back 21
- 18:03years and there is a lot more barley and hops in my brain at
- 18:06that time. But if memory serves that yes,
- 18:09he was expected. That's the way at least it was
- 18:12portrayed to the media. But then when we found out he
- 18:15got there so late, it wasn't maybe different inside the
- 18:18locker room and it was a surprise to them.
- 18:19And that'd be one maybe after retirement, kind of dive deeper
- 18:23into that. Story Kirk.
- 18:24That would be a good. One and that.
- 18:25Week. Because was that the week that
- 18:27Nate Katie became Nate Katie? He was improving at that point.
- 18:31OK. No 2004.
- 18:34No, he was fully formed at that point, was he?
- 18:36Because O2 is when he won the grows out.
- 18:37He wasn't even there at that point.
- 18:38Oh, who am I thinking this Cal Schlicker was it?
- 18:41Schlicker was the kicker in a four.
- 18:42Well, one, whoever, whoever had the day that day, it, it's, it's
- 18:47stuck with me that that was the day that they really earned
- 18:51their Tiger Hawk, if you will. So here is the box score very
- 18:57early into the game. Just a minute and 1/2 in a
- 18:59safety for Penn State as they take a 2.
- 19:01Nothing lead. Iowa bounces back as they get on
- 19:06the board with a field goal from Kyle Slicker.
- 19:09A 27 was. He a freshman or red shirt
- 19:12freshman? Then I think he was maybe a
- 19:15sophomore, something like that and a.
- 19:16Good kicker trend. He was a good.
- 19:17He was a good. Caterpie one.
- 19:19Yeah. Nice career.
- 19:20He wasn't Nick, Katie. No.
- 19:21But he was very solid. That was his first year as a
- 19:23starter. He had two more years then
- 19:24after. That did he follow Todd Sievers
- 19:27at Ankeny or was there a kicker? Because remember when Ankeny was
- 19:29putting out all those? Oh yes, I mean it continued for
- 19:32a long, long time. So there might have been there
- 19:35had to been a gap cause Seavers was when they win their state
- 19:38championship 97. Their first one sounds right.
- 19:40I think with Justin Luch, Centurion Stone on that team
- 19:44caught a touchdown pass. Remember that it was at the
- 19:46game. So Iowa races out to a 3-2 lead.
- 19:48They add to it with another slicker field goal.
- 19:51It's 62 going into halftime and it's scoreless until with over 8
- 19:55minutes left in the game. I would take say safety in awful
- 20:00conditions knowing that's terrible, going to have to kick
- 20:03a short field back to Penn State.
- 20:04But new that Penn State's not moving the football.
- 20:07Zach Mills, Michael Robinson, those were the 2 quarterbacks
- 20:10for the Nittany Lions. They were not moving the.
- 20:13Parker's defense? Gotcha.
- 20:14That 04 defense was incredible. Babineau.
- 20:17Oh geez. Yeah, Babineau Roth, Redbard
- 20:22moved on. Well, it was early Greenway.
- 20:24Hodge man that. Defensive backfield Antoine
- 20:27Allen, Jovan Johnson, Marcus Pascal, Jovan Johnson.
- 20:30Had a long career up north. He did.
- 20:32All three of those guys had interceptions in the game 6/4.
- 20:38But it was ABC, wasn't it? The broadcast it.
- 20:40Was an ESPN was it? I will move to five and two on
- 20:44the air with the victory. Penn State fell to two and five
- 20:47that season. Do you understand why Penn State
- 20:49fans don't have the same kind of quality memories?
- 20:52A bad season that dropped it a two and five, but a road victory
- 20:55for the Hawkeye is with 168 yards of total offense.
- 20:58Some things never change. No, that's true.
- 21:02Oh my. Back in the day.
- 21:04It was on the deuce, was it? That's.
- 21:06Where it was? Jeez, does it say who called the
- 21:10game? Not well, not where I'm looking
- 21:13at. Or who did the sideline
- 21:14interview with Kirk that brought him to tears 6/4.
- 21:18Game I probably click on one of the articles and I.
- 21:20Bet, or you could probably find a video on this.
- 21:22So anyways, we'll take a time out, we'll come back.
- 21:25We're going to talk to Ben Lynch again.
- 21:27This story, it was in the Des Moines Register last week.
- 21:30I want to say an Iowa based is from Dallas County.
- 21:34His name is Nicholas Bavis Davis Davis.
- 21:38Davis. Davis.
- 21:40Maybe Ben can help us out. He will.
- 21:42He's suing DraftKings in hopes of of getting $14.2 million in
- 21:48purported winnings. DraftKings sees it differently.
- 21:52This goes back to the final round of Pebble Beach.
- 21:54So let me set the scene. 54 holes have been completed.
- 21:58This is a Saturday. They were going through a week's
- 22:01worth of weather in that area where people were on mandatory
- 22:04lockdowns on Sunday. This is how bad that it got
- 22:08right. So, Nick, after 54 holes, seeing
- 22:14that there's a chance that this this tournament doesn't continue
- 22:19or doesn't pick up on Sunday where it left off on Saturday,
- 22:23and maybe the with the weather lingering into the beginning of
- 22:26next week, maybe they'll just call it good after 54 holes.
- 22:29So he, along with other batters, decided to make significant
- 22:34wagers at DraftKings. DraftKings took the bets.
- 22:37The tournament was called after 54 holes.
- 22:44Nicholas didn't get his money. DraftKings wanted to refund.
- 22:47Nicholas says no, no, no, you took my bets, pay me my money.
- 22:51Here we are. So we'll talk to Nick's
- 22:54attorney, Ben Lynch from Ben Lynch Law here in Des Moines.
- 22:57When we come back, Miller and Condon, is it kind of like this?
- 23:01Am I, is it, is it too simplistic like this?
- 23:04Because he bet on the weather essentially, right?
- 23:07Yeah. He did because he partlyed every
- 23:10exact standing. Exact standing.
- 23:12Top fives, top 10's and top 20s all parlayed together.
- 23:15Absolutely did. So if the weather man would have
- 23:18been wrong and they would have played, he.
- 23:21Wouldn't have won any of those. He wouldn't have won any of.
- 23:23Them. Not when you're parlaying, yeah.
- 23:25You know, likelihood, yeah, maybe one or two small ones,
- 23:27because the top five might have stuck.
- 23:29Around, but he was parlaying them together.
- 23:31So he wouldn't have, right? Because you have to have them
- 23:33all, obviously. So he he bet on the weather.
- 23:36But when it comes to factoring weather into handicapping, we do
- 23:40that absolutely. We do that at Wrigley Field.
- 23:43You do that in horse racing. Is he a mutter?
- 23:45Do that too, but it's the wind blowing in or out.
- 23:48What's the total right, yes. So sports book operators factor
- 23:53weather into their numbers that they put up there for you to
- 23:58begin betting on. I think Nick's got a really good
- 24:02case. I do not knowing the house rules
- 24:07and therein lies maybe the Gray area.
- 24:10So we'll talk to Ben Lynch from Ben Lynch Law when we come back.
- 24:15Is the Dallas County based better going to beat DraftKings?
- 24:20We'll talk about that when we come back.
- 24:21Miller and Condon underway on a Wednesday.
- 24:24It's the Iowa Sports Radio Network.
- 24:26Hi, I'm Miller Condon. Welcome back Iowa Sports Radio
- 24:29Network where every listening in the state of Iowa.
- 24:31Glad that you are. We'll take you until 2:00 to
- 24:34drive. Coming up at that time with
- 24:36Heather and Lucas. Well, as Trent and I've been
- 24:38discussing since yesterday and early in the show today, a
- 24:42interesting lawsuit with a local resident, Dallas County,
- 24:46Nicholas Davis, I believe is how you pronounce his last name.
- 24:49He is suing DraftKings for in excess of $14 million for bets
- 24:54that he placed on the 2024 Pebble Beach Open, an event that
- 25:00was cancelled or deemed to be official after 54 holes.
- 25:05DraftKings took the bets. Then they decided to void the
- 25:08bets and refund the money because the final round wasn't
- 25:11played. Ben Lynch is representing Nick,
- 25:13and he joins us, Ben Lynch Law here in Des Moines.
- 25:16Ben, you just talked to Trent Condon.
- 25:18My name is Ken Miller. Thank you for coming on.
- 25:20How are you, Ben? Hey guys, Thanks for having me.
- 25:23I'm well. Good.
- 25:24Appreciate you coming on and fascinated by this lawsuit.
- 25:27Trent and I talk a lot of sports wagering on our program and
- 25:31anxious to see where it goes and when there's a local tie to it,
- 25:34obviously it it moves our needle.
- 25:36So essentially, as I look at it and correct me if I'm wrong,
- 25:40your, your client seemingly bet on the weather in some respects,
- 25:43right? Look good looking at the
- 25:44forecast, knowing that there's a broadly strong likelihood as the
- 25:49weather's been awful all week long and there was warnings out
- 25:52for the weekend. In fact, there was a stay at
- 25:55home, stayed shelter in place enacted on Sunday and into
- 26:00Monday. So your client bet on the
- 26:02weather thinking, you know what, there's a chance that the
- 26:05tournament's going to be called after 54 holds.
- 26:07DraftKings is taking my bets that it won't be.
- 26:11Therefore I think that I should prevail.
- 26:13Is that kind of in a nutshell? To an extent, I think the
- 26:18weather was a factor, but I think the weather is a factor
- 26:21for any sporting event that happens outdoors.
- 26:24So I don't necessarily think that he was quote betting on the
- 26:26weather. I think it was one of the
- 26:28variables that went into his bet, just like any other bet.
- 26:32So DraftKings was accepting bets for this specific event.
- 26:38They accepted his money, he made a wager, and that created a
- 26:41binding contract between DraftKings and my client.
- 26:43So I think the factor was 1 variable just like that variable
- 26:49in play for any other bet. So Phyllis said a little bit on
- 26:52the details of the verbiage that DraftKings uses and a lot of
- 26:55sports book operators use as it pertains to a completing events.
- 26:59Now it's different in different sports.
- 27:00We're talking about a scheduled 72 hole event for golf, a
- 27:04basketball, Baseball can be different depending on those. 5
- 27:071/2 for baseball, 55 minutes for football.
- 27:10House rules are different everywhere and what the house
- 27:13rules said at the time compared to what they say currently over
- 27:16a DraftKings. Site.
- 27:18Without getting into a ton of detail, you hit the the nail on
- 27:21the head with the last sentence. The rules in effect when my
- 27:24client placed these bets allowed him to do what he did and did
- 27:30not allow DraftKings to avoid their bet.
- 27:33Now immediately following avoided bet and the conclusion
- 27:37of the Pro Am tournament, DraftKings did update their
- 27:41rules that would have allowed them to cancel in this event.
- 27:44However, that was not in effect at the time.
- 27:47So our argument is they should be bound by the rules and the
- 27:51terms and conditions at the time you placed the bet, which is
- 27:53what they would have held him to in the event they were trying to
- 27:56hold his feet to the fire. So we think it should go both
- 27:58ways. Most states or all states
- 28:01seemingly have a referee for these kind of disputes and in
- 28:04this case I would think would be the Iowa Racing and Gaming
- 28:07Commission. Have they chimed in?
- 28:10What their opinion is? Will they be called as part of
- 28:14this trial? Should it get to trial?
- 28:15Have you heard from the Racing and Gaming Commission what their
- 28:17stance is? You are correct that would be
- 28:21the administrative agency that would be kind of the referee on
- 28:24this. However, in this event and in
- 28:28other that we've heard from that happened on this exact same
- 28:32voided bet scenario, all those gaming commissions have punted
- 28:36essentially saying this is between you guys at this point,
- 28:39you guys need to figure this out.
- 28:40So has not been very helpful. However, it's not authoritative
- 28:45and it is not binding on anything.
- 28:47So it is, it is some administrative investigation
- 28:52that can happen. But everybody that I've talked
- 28:55to, it was not a very deep dive and it was not very helpful.
- 28:57So they're not going to be a witness, they're not going to be
- 29:01the people that determine fault or that's going to be for a
- 29:05judge and or a jury at a later date.
- 29:08Just looking at the updated figures, year to date the the
- 29:12year dating starting back to June, DraftKings in the state of
- 29:15Iowa has collected $76,000,000 in net revenue from the state.
- 29:21This would be a chunk of that, but it's not like they're going
- 29:23to go bankrupt up here. What do you look at this and you
- 29:26look at a place like DraftKings and, and some of the times you
- 29:29look at the amount of money that comes into them and you got a
- 29:32guy that found something, right? They accepted the bet and found
- 29:36something here. It's got to be frustrating from
- 29:38his perspective and certainly your client's perspective.
- 29:41Hey, we got one off one of the big operators and now they're
- 29:43not going to pay. Can I agree with you 100%?
- 29:47I look at this like Dave and Goliath.
- 29:48I mean, DraftKings accept money all the time.
- 29:52They make a lot of money, millions and millions of
- 29:54dollars. And that figure that you just
- 29:55mentioned, that's just Iowa. There's 49 other states.
- 29:59And I don't even know, they might do business
- 30:00internationally as well. But this is a claim that he won
- 30:04and they need to pay it out. I mean, it's just, it's the
- 30:06little guy won and he followed the rules.
- 30:08He did what he was supposed to do.
- 30:09And you shouldn't be able to go and say take the back He's after
- 30:12you after you, you win a bet. So I would I agree with you and
- 30:16I think I think it it, it needs to and hopefully will be paid.
- 30:20Ben Lynch is our guest, Ben Lynch Law here in Des Moines.
- 30:23You mentioned that the your client wasn't the only one that
- 30:26was doing this, this apparently there were other people around
- 30:29the country in legal sports wagering states that were making
- 30:32similar bets. How have they turned out?
- 30:35Do you have any idea, Ben, if if indeed they went forward?
- 30:39Yes. So as far as I'm aware, my
- 30:42client is the one and only person that has actually filed A
- 30:44lawsuit released to this specific incident, the third
- 30:47round voiding. What I can tell you is that this
- 30:50has impacted dozens if not hundreds of other people since
- 30:54this went public. We, we were forced to file a
- 30:56public lawsuit. News outlets have picked it up.
- 31:01And so we've heard from all these other people from
- 31:03different states. So the only reason that Nix is
- 31:05the only one that we filed is because at the time that's the
- 31:07only one we heard about. But now just a few weeks later,
- 31:12that is a much different story. And we've there's millions and
- 31:16millions and millions of dollars of unpaid bets that we've heard
- 31:19from other people on just this one specific instance.
- 31:22Are you licensed to practice in any of those states?
- 31:26I am only licensed to practice in Iowa.
- 31:28However there are avenues for where I could come in and help
- 31:33people in other states without going into the legal gargain pro
- 31:37yeah pro hoc VJ. I can, I can.
- 31:39I can help people from all all over the country.
- 31:42You're talking to us. You got to dump things down a
- 31:44little bit for us and help us out.
- 31:46Hey, Abed, so you look at this. If it comes to a case, you're in
- 31:51front of a judge, you're in front of a jury.
- 31:53I mean, however this goes, you're going up against
- 31:55DraftKings, We just talked about the amount of money that they
- 31:57brought in just from the state of Iowa in this fiscal year.
- 32:00We know the kind of backing that they have.
- 32:02Have you gone up against a big financial backing kind of
- 32:05institution like this and knowing it's not just going to
- 32:08be, you know, you mentioned it's David and Goliath here, what
- 32:12you'd be going up against if it does get to that point?
- 32:15Well, the thing that I love about practicing law is I get to
- 32:18rely on the facts and the law, not who is representing the
- 32:23other party doesn't really interest me.
- 32:25I know that I have a good case. I know that I have a good client
- 32:28and I know that I can present it well.
- 32:30So quite frankly, I don't really care who's on the other side.
- 32:33I would rather have the good facts and the good law.
- 32:34And right now we have a binding contract that was breached by
- 32:37the other party. So those are the things that I
- 32:39focus on and care about. I could couldn't really care
- 32:41less who's who's on the other side.
- 32:43And you're correct, it's going to be a competent an attorney,
- 32:45it's going to be a it's going to be a business savvy defendant.
- 32:48But I focus on what I can control and that's my client and
- 32:53and the narrative that I set in court.
- 32:54What Trent and I, we were talking about this yesterday.
- 32:57I won't put words in his mouth, but I think he felt the same way
- 32:59I did that I was surprised that this actually got to this point.
- 33:02I just thought that it would have been settled just, you
- 33:06know, for to to avoid the embarrassment a because the
- 33:10weather was bad all week. Long.
- 33:12It was terrible all week long. They had to have.
- 33:15We've known there was a chance that this tournament may not be
- 33:18able to be completed. Is there been any talks of a
- 33:21settlement banner? Is that something you can't
- 33:23disclose? Any settlement discussions if
- 33:27they, if they have happened would be confidential.
- 33:31But what I will tell you is that cases can settle all the way up
- 33:34through the day before trial and even in the middle of trial.
- 33:37And my client is always open to listening and if it's fair then
- 33:42that's always possible. But until then, everything's
- 33:46public and we will proceed forward as if we're going to
- 33:49trial. I don't take a case unless I
- 33:52believe in it and am completely prepared to go try it in court
- 33:55and that's what I will do if it does not settle.
- 33:57When when do will we see a trial?
- 33:59Any idea? It's still very early.
- 34:03I mean we're talking, it's not going to be in 2025.
- 34:05I can tell you that we do not have a specific trial date, but
- 34:09that would all be public record. So I don't have even have a
- 34:11trial date to tell you about because it hasn't been set.
- 34:14Good stuff Ben. It the story caught transcend my
- 34:17attention, no doubt about it. Wanted to follow up with it and
- 34:20we appreciate you coming on to do that.
- 34:21Ben Lynch, thank you. Appreciate it.
- 34:24Yes, Thanks guys. Have a good day.
- 34:25Yep, you do the same. Ben Lynch.
- 34:27Ben Lynch Law here in Des Moines followed this case, but it looks
- 34:30like we'll be following this case in 2026, if indeed it gets
- 34:34to court. Do you think it will?
- 34:35I think it will. You do, yeah.
- 34:37You think both side? Well, we I'm pretty sure Nick's
- 34:39digging in. Yes, absolutely.
- 34:41And Ben's digging in and DraftKings, we'll see where it
- 34:46goes. Their contention is, is in their
- 34:53in the rules prior to the rules being changed.
- 34:55I guess that that was a subsection of some of some, I
- 35:01don't know. I, as I said yesterday, I if I
- 35:04was on the jury, just going off the media reports that I've read
- 35:09on it seems like DraftKings up against it.
- 35:12They were, but how much verbiage do they have deeper?
- 35:16That's just it. You know, we mentioned the house
- 35:18rules. Those house rules are pages and
- 35:20pages long. And.
- 35:22If you look just specifically at the golf rules, I think it's
- 35:25stated, I think KCCI, I think, yeah, that's the article I have
- 35:27up here said at the time it said, quote, all future bets are
- 35:32settled on the player slash team winning the trophy.
- 35:36And if future bets were placed after the last shot of the
- 35:39previous complete round, vets will be void.
- 35:42That was in there previously. That's the case.
- 35:45It's going to be hard, but they accepted.
- 35:48The bet Read the last line again.
- 35:50Future bets were placed after the last shot of the previous
- 35:53complete round. Vets will be void.
- 35:56So back DraftKings accepted bets because they didn't know that it
- 36:00would be voided if the if the weather broke, the tournament
- 36:03would have continued on on Sunday.
- 36:08Point DraftKings. Yeah, and that's that verbiage
- 36:13you get into in the wording and. And that's why it's there.
- 36:16Oh yes, it's it's all in this case.
- 36:18It may work out well for draftking, but it also works
- 36:20well for the betters. Yes, and it can protect you.
- 36:23Yes, it's rare it does well, I don't know.
- 36:26It's. Rare it's happened, but it does
- 36:28happen. Yes, yes.
- 36:30You need to know it you. Need to know the rules?
- 36:32I get it. No, you, no one's going to
- 36:34Vegas. They're excited to be there,
- 36:36throwing your bags in the room you're firing down to wherever
- 36:38you're staying. All right, now I need to get out
- 36:40my house rules. But games are about 10.
- 36:44No, no, no, no, no. I'm only on.
- 36:46Chapter 10 I got I got 10 more pages.
- 36:49No one does that. No, no one.
- 36:51And they're all publicly displayed.
- 36:53They are. They have to be legal.
- 36:55They have to be. They have to be publicly
- 36:57displayed. No, no, no, I'm still no.
- 37:01You're not reading the rules. Hey Ken, do you want a beer?
- 37:04Soon as I get finished, Trent, I'm still reading the rules.
- 37:07Oh God, we'll take a time out thanks to see where it goes.
- 37:11Local tie to it. Thought the story was worthy of
- 37:14digging in a little deeper. We'll see where it goes and
- 37:18we'll follow it as the media here.
- 37:20We'll in Central I, we'll take a time out, come back, finish up
- 37:22our #1 Miller and Condon, we're on the Iowa Sports Radio
- 37:25Network. Hi, Millory Condon, welcome
- 37:42back. Final couple of minutes here.
- 37:43First hour of the program. David Kaplan, the cap man kicks
- 37:47off our number 2 Centurion Stone of Iowa sponsors that Joe
- 37:51O'Donnell radio voice of the Minnesota Wild will help Trenton
- 37:54and I with the Panthers and the Oilers.
- 37:56Game one of the Stanley Cup here tonight.
- 37:59So just real quick, only got a couple of minutes and I want to
- 38:03ask you this because I'm starting to read more reports
- 38:05and maybe it's just because it's the time of the year and
- 38:08everybody's looking for a column space or they want to click or
- 38:11whatever. I'm seeing more and more
- 38:13consternation on JJ McCarthy at this point that I thought I
- 38:16would see are. You starting to get nervous.
- 38:19Even like that, just wondering, I might have to tap the brakes a
- 38:22little bit. And, well, there's a reason
- 38:25Aaron Rodgers hasn't signed with the Steelers yet.
- 38:27He's still holding out hope. I don't know.
- 38:31I mean, I in one point I think it's valid because after all,
- 38:36he's coming off a significant injury that he had to go back
- 38:40for a Part 2, right? It didn't take.
- 38:42There was a there was a problem the first time I had to get a
- 38:45little bit of a clean up. So it could be health related,
- 38:48but I guess it could be performance related too, right?
- 38:53Looking back at his numbers. Collegiately, I never was in
- 38:56love with him. Same.
- 38:58And that's why I was so surprised the like, were you
- 39:01talking to Cale too much? Were you talking to Paul Allen?
- 39:04My son's pretty pumped up. What what has it been that
- 39:08because we're both in the same we were.
- 39:09He was a great vessel for an incredible deep and talented
- 39:13team. He made a couple of throws, that
- 39:16one against Alabama, that there's few guys that can make
- 39:19that throw. But those wild moments were.
- 39:21So for as much JJ McCarthy as we saw, those wild moments were
- 39:26there, no doubt, but they weren't plentiful.
- 39:28You weren't talking about the 6810 throws.
- 39:31He made a game. There's one or two of those
- 39:33throws a game, and then he's going to this level and he's
- 39:37suddenly I That was always my problem with McCarthy.
- 39:40It's not a talent thing. He's talented.
- 39:42Was did the media overblow his one and only appearance in the
- 39:45pre season last year? Yeah, it's pre season football.
- 39:48Right, of course. But I mean, they were all over
- 39:51it in a positive fashion, so. In the national championship
- 39:55here, he throws 22 touchdowns against 4 interceptions.
- 39:58Remember, that was 22 touchdowns in 15 games.
- 40:02Yes, they relied. It was a running team, right?
- 40:04They were built on that. Still, 22 touchdowns.
- 40:07Didn't even throw for 3000 yards in 15 games.
- 40:11What was his high watermark? Did he have one game that he
- 40:13broke 300? Probably not.
- 40:15Let's see game. He did.
- 40:17Couldn't be very many. Right.
- 40:18It'd be certainly a rarity for him.
- 40:20So going through the game log that year, his high watermark,
- 40:24he threw for 335 against Purdue without a touchdown in that
- 40:28game. Threw 4 touchdowns at Michigan
- 40:30State through three beginning the year against East Carolina.
- 40:35But against the good teams, the ones, well, that's the other
- 40:38thing. They barely struggled in any of
- 40:40their games and they beat Penn State.
- 40:42Remember that game when Penn State?
- 40:44Refreshed my memory. Had to stop the run because
- 40:47Michigan just ran the ball every single time.
- 40:49He went seven of eight that game for 60 yards.
- 40:51Jeez. Who else?
- 40:53They beat Michigan, He went 16 a 20 for 1:48 in that one.
- 40:59Iowa 22 a 30 for 147 Playing well against Bama.
- 41:02Yeah, the Alabama game made him a lot of money.
- 41:04He won a national championship, going 10 of 18 for 140 yards.
- 41:08Well, Vikings fans, and I know a couple of them personally,
- 41:11they're still holding up hope that he ends up there.
- 41:13Off the bandwagon, Ken Miller. Scraping my knees, clearly.
- 41:17And either way, Capy's coming up.
- 41:19Hour 2 is next. Miller and Condon, Iowa Sports
- 41:21Radio Network.