Pubdate: Fri, 04 Feb 2000
Source: Denver Rocky Mountain News (CO)
Copyright: 2000 Denver Publishing Co.
Contact:  400 W. Colfax, Denver, CO 80204
Website: http://www.denver-rmn.com/
Author: Hector Gutierrez and Kevin Vaughan Denver

POLICE COMMANDERS CLEARED OF CRIMES

Probe Finds No Proof Pair Pressured Officer To Fabricate Evidence To
Support Raid Warrant

Two Denver police commanders were cleared of crimes after an officer
claimed they pressured her to fabricate evidence supporting a search
warrant that led to a fatal shooting by SWAT members, Chief Tom
Sanchez said Thursday.

Jefferson County and Denver prosecutors have told the chief they could
not find any criminal conduct on behalf of the commanders.

Consequently, Sanchez said the case would be handled by the
department. Internal Affairs investigators are probing the officer's
allegations to determine whether her superiors violated policies or
procedures.

The development occurred one day before Jefferson County District
Attorney Dave Thomas is to announce whether he will take action in the
Sept. 29 "no-knock" drug raid and shooting death of Ismael Mena, 45.

Thomas was appointed special prosecutor to investigate the killing of
the Mexican national after Denver detectives raised concerns about the
search warrant that was obtained to raid the house at 3738 High St.

The raid was apparently carried out on the wrong home.

Thomas set out to answer several questions:

How was the affidavit written that led to the raid? If it targeted the
wrong home, why?

Were SWAT officers justified in shooting Mena, who they said was armed
with a revolver and fired at least two rounds at them?

Was there any criminal conduct involved in the case?

Then, last week, officer Susan E. Scott, a 20-year veteran with the
department, told Internal Affairs investigators that she felt pressure
to fabricate evidence to help justify the warrant that was obtained by
officer Joseph Bini.

However, Thomas said he couldn't find any crimes committed and told
the department the claims by the policewoman were not in the scope of
his investigation, Sanchez said.

Sanchez then asked Denver prosecutors to look into the allegations.
Chief Deputy District Attorney Diane Balkin reviewed the case but also
didn't find criminal conduct.

"I wanted the community to be confident that we had a total review of
everything," Sanchez said, explaining why he requested Denver
prosecutors to probe the allegations.

The two commanders remain at District 2 in northeast Denver, the chief
said. Scott has been reassigned pending the outcome of the internal
investigation.

In the meantime, Mena's family and supporters are anxiously waiting
for Thomas' findings today.

Mena's neighbors have maintained that police targeted the wrong house
and feared they may have killed an innocent man who was living with
eight other renters. No cocaine was seized from the home, and an
autopsy revealed that Mena did not have any illegal drugs in his system.

Several police sources told the Denver Rocky Mountain News they expect
Thomas to conclude the officers hit the wrong house.

The SWAT team eventually raided the house next door to where Mena
lived, arrested two people and confiscated illegal drugs.

Officer Bini, who said in the search warrant affidavit that he
witnessed an informant purchase $20 of cocaine from Mena's house,
could face criminal charges.

In a related matter, Denver Mayor Wellington Webb met with Mexico's
consul general and the attorney for Mena's family Thursday to discuss
the investigation. The mayor did not discuss any settlement with the
family.
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