2 COPS HELPED BINI FILE AFFIDAVIT

Information Comes From Documents Filed In Perjury Case Over Slaying Of Mena

Documents filed Friday in Denver District Court in the case of Denver
police officer Joseph Bini indicate two other officers helped prepare the
affidavit for a search warrant on the wrong house that ended in the death
of an innocent man.

David Bruno, Bini's attorney, said in a court brief that officers Kelley
Ohu and Reyes Trujillo jointly prepared the affidavit for the warrant that
led to a no-knock SWAT raid at 3738 High St. on Sept. 29. During the raid,
Ismael Mena, a Mexican immigrant living at the house, was shot and killed
after, police said, he confronted them with a gun.

It was later learned that the warrant should have been issued for the house
next door to Mena's.

Bini is charged with first-degree perjury and attempt to influence a public
servant for his role in preparing the affidavit.

Bruno's brief states that on the night of Sept. 21, 1999, Bini, Ohu and
Trujillo accompanied an unidentified informant to the 3700 block of
Humboldt Street.

The brief says: "The informant left, then came back, climbed in the
undercover van and told officer Ohu he had made a (drug) buy.

"In turn, Ohu went to another vehicle where Trujillo was and gave them the
information that was the basis for the search warrant."

Based on the information, the officers prepared an affidavit for a search
warrant that was presented to deputy District Attorney Carlos Samour, and
ultimately signed by Judge Raymond Satter on Sept. 23.

After the raid and Mena's death, an investigation revealed that the raid
was conducted at the wrong house and that Mena was not involved in any drug
activity. The informant said he had mistakenly pointed out the wrong house
after making a drug buy in the adjacent alley.

Bini was the only officer to sign the affidavit, in which he stated he
"observed the informant make his/her way on foot to the location in question."

Bruno said Friday that the area "in question" was the 3700 block of
Humboldt, not the High Street address.

In court Friday, District Judge Shelley Gilman refused to issue an order
barring the media from printing the identity of the confidential informant.

She also said she wouldn't bar the media or the public from listening to
the informant when he testifies at Bini's trial, scheduled to begin Oct. 10.

"If the identity of the informant is made public, it could jeopardize
pending cases with local and federal authorities, including a recent heroin
case with a major narcotics dealer he worked on with the DEA," Bruno argued.

"The informant not only fears for his life if his identity is known, but
also fears people will blame him for the death of Mr. Mena."

Special prosecutors Charles Tingle and Mark Randall and assistant city
attorney John Stoffel agreed it would be best to keep the identity secret.

Randall pointed out that would be difficult, however, because the man's
name would have to be given to potential jurors, it would be used in
opening arguments, and would be difficult to keep from having anyone say it
during the proceedings.

Bruno argued it could be accomplished if the public were not allowed in the
courtroom during the informant's testimony, but Gilman disagreed.