Pubdate: Sat, 02 Dec 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: John C. Ensslin

BINI GETS PROBATION IN BOTCHED RAID

Cop signed affidavit for wrong house that led to Mena killing; he expresses
regret

A tearful Joseph Bini apologized Friday as a Denver judge sentenced him to
probation for his role in drafting a botched search warrant that led to the
killing of an innocent man.

"I will not live a day without remembering the consequences of my
participation," Bini told District Judge Shelley Gilman. "I deeply and truly
regret what has occurred."

Gilman sentenced the suspended Denver police officer to one year of
probation and 150 hours of community service for his plea to one count of
official misconduct, a misdemeanor.

Bini still faces a departmental disciplinary hearing that will determine if
he can return to work.

The misconduct charge stems from Bini's role in a drug investigation that
targeted the wrong house. As a result, SWAT officers stormed a house where
they confronted Ismael Mena on Sept 29, 1999.

Mena shot at the officers. They returned fire, killing the 45-year-old
father of nine children.

Following Friday's sentencing, Leroy Lemos of the Justice for Mena committee
called the case "a travesty" because Bini received no jail time.

Lemos also critized the officer for apologizing to the police department,
the court and his family while saying nothing about the Mena family.

The sentence was the result of a plea bargain reached with the Jefferson
County district attorney's office, which served as special prosecutor in the
case.

Originally, prosecutors charged Bini with perjury, alleging that he falsely
stated that police were able to watch a confidential informant walk up to
the front of the house where the drug transaction occurred.

In fact, the informant was on a bicycle and disappeared from sight shortly
before buying some crack cocaine in the alley behind a row of houses.

The informant then confused the house, leading to the fatal error.

Chief Deputy District Attorney Charles Tingle explained that evidence
uncovered after the charge was filed had "muddied the water."

Investigators examined a floppy disc that contained two other versions of
the affidavit used for the search warrant.

Bini's lawyer David Bruno argued that the documents on the disc contained
the final draft of the affidavit. He contended that Bini mistakenly signed
the wrong affidavit, thinking it was the one he had seen on the computer
screen.

When it came time to speak, Bini stood silent for a moment with his head
bowed.

"From the outset, I have maintained my level of responsibility for what
happened," he said.

Then he began to weep.

"I want to apologize for failing the police department, the courts, the rest
of the community and my family."

He then made a plea for his job back, something the judge had no control
over.

"I believe the way I can make amends for what has occurred would be to
return to the department and serve the department with a new passion and
understanding."

Lemos has vowed that his organization will rally against the possibility
that Bini will return to the force.
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