Pubdate: Fri, 17 Dec 1999
Source: Denver Post (CO)
Copyright: 1999 The Denver Post
Contact:  1560 Broadway, Denver, CO 80202
Fax: (303) 820.1502
Website: http://www.denverpost.com/
Forum: http://www.denverpost.com/voice/voice.htm
Author: Marilyn Robinson, Denver Post Staff Writer

WEBB: DRUG RAID A MISTAKE

Police Went To 'Wrong House'

Denver Mayor Wellington Webb said Thursday that police blundered in a
"no-knock" drug raid that ended in the death of a father of nine.

"It was the wrong house," Webb said during an interview with talk show host
Mike Rosen on 850-KOA.

However, Webb spokesman Andrew Hudson said the mayor does not have inside
knowledge of the Denver police internal investigation into the no-knock raid.

"His comments are reflecting the community's concerns, and ultimately the
investigation will determine whether it was the wrong house," Hudson said.
"The investigation will tell that for sure."

Ismael Mena, 45, was killed Sept. 29 in an exchange of gunfire with police
during; the raid at his northeast Denver home. Last week, police raided the
house next door -- the one neighbors said should have been raided in the
first place.

Webb also sent a condolence letter to Mena's family Thursday.

The mayor's comments and letter came a day after the FBI launched an
investigation into the death of Mena, a Mexican citizen. A federal
investigation had been requested by Mexican officials.

"I told Webb the family had not been offered an apology, information or
condolence," said Carlos Barros, the Mexican consul general in Denver.

Barros said he told the mayor he thought the family deserved all of that
and "both economic and moral restitution." Mena "has been portrayed as a
criminal, and I don't think he was a criminal," Barros said. "I think he
was a victim."

Mena's son hailed the mayor's actions.

"I'm happy that they're beginning to admit they made a mistake," said
21-year-old Heriberto Mena. "It doesn't bring back my father, but it gives
me a modicum of joy that they're beginning to recognize they did something
wrong."

Young Mena's comments, in Spanish, were translated by Denver lawyer Robert
Maes, who has filed a claim with the city on behalf of the family.

"I'm not sure the mayor's statements are genuine. I hope they are," Maes
said. "The mayor indicated the police hit the wrong house. ... If he said
that, it warms my heart that the city has decided to take a more humane
approach to situations where an innocent person is killed by police.

Authorities say they fired at Mena after he drew a gun and fired.

In addition to the FBI probe, a local special prosecutor is looking into
the circumstances surrounding the shooting. One of the biggest issues is
the affidavit used to get authorization for the raid, which was written by
Officer Joseph Bini.

Bini said in the affidavit that a confidential informant had purchased
drugs at the house where Mena was living. However, no drugs were found in
the home, or in Mena's system.

Later, police raided the house next door, recovering drugs and arresting
three suspects. 
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