Pubdate: Sat, 19 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: Sue Lindsay
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shows we have archived 61 items on the killing of Ismael Mena.

Cop In Mena Killing Appears In Court

Next Appearance Set For March 6 In Perjury Case

A Denver police officer charged with perjury in the "no-knock" raid in
which Ismael Mena was killed appeared briefly in court Friday for the
setting of his next court date.

Joseph Bini, an officer hired in 1995, is charged with perjury for
statements he made in the affidavit used to obtain the "no-knock"
search warrant that led to the Sept. 29 fatal shooting of Mena at 3738
High St.

As a result of the warrant, SWAT officers hit the wrong house and shot
Mena after he pointed a gun at the officers as they stormed his bedroom.

Bini, who is suspended without pay, faces up to six years in prison.
No formal hearing was held in the case Friday.

Bini and his attorney, David Bruno, along with Jefferson County
prosecutor Charles Tingle, obtained a March 6 hearing date in Denver
County Court for further action in the case.

Members of the Justice for Mena Committee said they were angered
Friday, partly by Bini's demeanor but also by his failure to appear in
open court for Friday's proceeding.

"This was supposed to be a public process," committee member Leroy
Lemos said. "We are outraged that Joe Bini was allowed to subvert
public process."

Lemos said it appeared that Bini and the lawyers met privately in the
judge's office.

"We were shocked. We could not believe that he would receive that kind
of special treatment. With the public outrage over this case, why
wasn't he required to face the judge in open court like everyone else?"

Tingle said they merely saw a clerk -- not the judge -- to arrange a
new court date.

No hearing was necessary because Bini was represented by an attorney
and had signed all necessary paperwork attesting that he had been
advised of the charges and waived formal advisement, Tingle said. Such
a procedure is routine, he said, and Bini did not receive special treatment.

Lemos said he also was offended that Bini left the court smiling and
laughing with several police officers who stood at the back of the
courtroom in apparent support of their fellow officer.

"A man's life was lost here," Lemos said. "For him to behave that way
and for the Police Department and court to afford him that kind of
privilege is a slap in the face of the memory and family of Ismael
Mena. How can we trust the process, when they are flagrantly throwing
this in our face that the whole thing is a sham. How can they not say
this is a conspiracy?"

Bini did not comment after his court appearance. Defense attorney
David Bruno said Bini views Mena's death and the charges against him
very seriously.

"Joe Bini has very deep regrets for the shooting death of Mr. Mena,"
Bruno said. Bruno said Mena died because of a series of mistakes, not
all of which were made by Bini. 
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MAP posted-by: Richard Lake