-Caveat Lector-

http://www.denverpost.com/news/green1201.htm

              Time to slam door shut on
                        some raids

            By Chuck Green
            Denver Post Columnist

            Dec. 1 - News4, as it is known in the
            modern age of "branding" products like
            toilet tissue, cat food, cars and TV news, has
            a terrific story on its 10 o'clock 'casts this
            week.

            A father of nine children was shot to death
            by Denver SWAT officers by mistake.

            It's not that they didn't shoot to kill. They
            came armed and ready to fire, they crashed
            into the man's home under the authority of
            a "no-knock" warrant, they ran into Ismael
            Mena's upstairs bedroom and they gunned
            him down with eight bullets.

            They did what they came to do.

            Unfortunately, they had the wrong address.

            Too bad for Ismael, who was standing in his
            bedroom, startled by the noise of a 2 a.m.
            break-in of his house and the ruckus of men
            running up the stairs, and the rush of
            strangers into his bedroom. He was
            standing there with a gun, ready to shoot
            the intruders.

            He missed; the cops didn't.

            He was outnumbered, outgunned,
            outplanned, outfoxed. And, in the end, he
            was out of breath, out of blood and out of
            life.

            He had no where to run, no where to hide.

            But now that he's dead, the cops are
            running, and the cops are hiding. They are
            hiding behind the anonymity of an
            unnamed "informant" who told them that he
            (or she) had bought a $20 "rock" of crack
            cocaine at Mena's house.

            Or, on second thought, was it at the house
            next door?

            No crack cocaine, no illegal drugs at all, and
            no sign of any illicit drug business was
            found in Mena's house. An autopsy showed
            that Mena had no alcohol and no illegal
            drugs in his system.

            Channel 4 reporter Brian Maass reported
            that the affidavit used to secure the
            "no-knock" warrant apparently was flawed,
            possibly the mistake of a Denver policeman
            who requested the warrant.

            Serious police-policy questions are raised
            by the smashdoor raid at Mena's home.
            More than 200 no-notice warrants are
            executed by Denver SWAT teams each year,
            and many of them are authorized by county
            judges acting on information supplied by
            "reliable" but anonymous police informants.

            Certainly there are situations that call for
            such drastic action. There may be a
            life-and-death emergency, or evidence of a
            terribly heinous crime in jeopardy.

            But the rumored sale of $20 crack rocks
            doesn't justify a squad of heavily armed
            cops using a "no-knock" warrant to rush
            into a citizen's house in the middle of the
            night.

            Denver cops need to be more selective in
            their requests for the unusual "no-knock"
            warrants, and Denver judges need to be less
            casual in their approval of such requests.

            Even if all the information in the affidavit is
            correct, and even if the informant's story is
            believable, there ought to be a greater need
            for "no-knock" warrants than pursuit of a
            drug dealer working the $20 crack-cocaine
            market.

            When a judge considers such an
            extraordinary warrant, he ought to consider
            that an innocent father of eight children
            might be on the other side of the door.



            Chuck Green's commentaries appear Sunday,
            Wednesday and Friday. His phone is 303-820-1771; his
            e-mail addresses are [EMAIL PROTECTED] and
            [EMAIL PROTECTED]

            Copyright The Denver Post. All rights reserved. This
            material may not be published, broadcast, rewritten or
            redistributed without written permission.

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