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News (Media Awareness Project) - US CO: Editorial: Make Serious Mena Offer
Title:US CO: Editorial: Make Serious Mena Offer
Published On:2000-03-16
Source:Denver Post (CO)
Fetched On:2008-09-05 00:27:09
MAKE SERIOUS MENA OFFER

Mar. 16 - An innocent man is dead because a big mistake on the part of the
Denver Police Department. The situation must be made right.

The low-ball offer of $150,000 to Ismael Mena's survivors is insulting. The
city should offer real money to enable his widow to live the rest of her
life and raise the children she still has at home.

No one is trying to extort money from the city here. Mena worked in a
factory, making $8 an hour to support his family. He was supporting his
family. He probably had every intention of working all of his life to take
care of his wife.

It is not Mena's fault that he was in the wrong place at the wrong time on
Sept. 29 when Denver SWAT members stormed his west-Denver home, looking for
drugs, guns and dealers. He shouldn't have been disturbed by police in the
first place.

Mena was shot to death in his bedroom by SWAT members, who claim he fired
shots at them. No drugs or guns were found in the home.

Later, police determined they had raided the wrong house. The officer who
prepared and obtained the warrant has been charged with perjury.

Mena family attorneys have requested $5.5 million from the city. That
amount may be too large, but $150,000 is far too low.

City officials have made it clear that they want to settle. Shortly after
the shooting became public, criticism focused on the police department and
city attorneys began negotiations with Mena representatives. The city
called for mediation after the family's $5.5 million request.

In order to get that kind of money in the courts, the case most likely
would have to go all the way to the federal level where there are no limits
on damage awards. By the time the issue can be resolved in federal court,
the family, even if it is awarded damages, will have gone without any
compensation for a lengthy period of time and will see a larger portion of
any award gobbled up by fees and expenses.

City officials have said they will not agree to a settlement of $5.5
million, but $150,000 is ludicrously low. Denver should seriously consider
a settlement somewhere in between, one that is fair to Mena's wife, Maria,
and includes the equivalent of punitive damages.

Meanwhile, Maria Mena is in Denver to help encourage a settlement. The
soft-spoken, polite woman says she doesn't know how she's going to take
care of her children. The City of Denver owes her an answer that makes
sense.

This editorial represents the official opinion of The Denver Post as
decided by the newspaper's editorial board.
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