Pubdate: Fri, 24 Jan 2003
Source: Rocky Mountain News (Denver, CO)
Copyright: 2003, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: John C. Ensslin

SUIT ALLEGES CONSPIRACY IN MENA'S DEATH

A retired FBI agent filed a federal lawsuit Thursday, alleging a conspiracy 
to cover up the deliberate murder of a Mexican immigrant who was killed in 
September 1999 when Denver police raided the wrong house.

The suit, filed by James F. Kearney in U.S. District Court, contends that 
SWAT officers, police commanders, prosecutors, a coroner, police union 
officials and their lawyers all took part in a wide conspiracy to conceal 
the truth.

That truth, Kearney says, is that SWAT officers shot and killed Ismael Mena 
minutes after realizing they had stormed his bedroom by mistake. He claims 
they planted a "throw-down" gun in Mena's hand that they had fired.

Police were attempting to raid a suspected crack house that actually was 
next door to the house where Mena lived.

"The corrupt conspiracy continues," the suit alleges. It claims that Capt. 
Juan Maldonado confided to two prominent Hispanic community leaders that he 
resisted efforts by unnamed SWAT officers to plant drugs at the scene.

Maldonado could not be reached for comment Thursday night, but a police 
spokeswoman disputed the allegation.

"I can tell you that any allegation of planting evidence at any scene is 
outrageous and absurd," said spokeswoman Virginia Lopez.

Kearney first raised his allegations after he was hired as an investigator 
by the Mena family.

The Police Protective Association and several SWAT officers sued Kearney 
and talk show host Peter Boyles after the former FBI agent aired his 
allegations on KHOW-AM.

Boyles and the radio station settled the lawsuit. Kearney was dismissed as 
a defendant.

Now he is seeking damages for humiliation he claims he suffered from a 
lawsuit he contends was intended to silence him.

On Thursday, critics of the Police Department called for a federal takeover 
of the department.

"It's outrageous. It's amazing that this has gotten this far," said LeRoy 
Lemos, spokesman for the Justice for Mena Committee, a community group 
seeking answers in the case of the botched drug raid.

"The bullets that were in Mr. Mena's chest prove murder," Lemos said.

Kearney contends that two gunshot wounds in the chest line up with two 
bullets retrieved from the floor. He contends they had to have been shot 
point blank, straight down into the body.

He also cited the fact that gunshot residue from the SWAT weapons was found 
on Mena's hands as proof that police planted a weapon.

But a spokeswoman for Jefferson County District Attorney Dave Thomas, the 
special prosecutor in the case, said his findings disputed that theory.

Pam Russell said Mena's clothing and wounds showed no sign of any 
point-blank shooting.

She also said the presence of gunshot residue from the SWAT officers' 
weapons found on Mena's hands is inconsequential.
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