SETTLEMENT POSSIBLE IN NO-KNOCK CASE

A mediator will recommend how much money, if any, Denver will
pay the survivors of a Mexican national shot by police during a
noknock raid at the wrong house.

And if the mediator can't get an agreement between the family of
Ismael Mena and Denver city attorneys within the next several weeks, a
potentially expensive lawsuit could end up in court, people close to
the discussions said Tuesday.

No formal lawsuit has been filed, although members of the Mena family
are represented by two lawyers.

But talks that began Monday were good enough to leave Mexican consul
general Carlos Barros believing a settlement would be reached within
two weeks.

"We've started to set out the situation and discuss it and I hope we
will reach an agreement soon," Barros said Tuesday.

If no agreement can be reached, however, "it will probably be a matter
for the courts to decide, but we're relying on the city's good sense
to iron this out." Presiding over the settlement discussions will be
mediator Judicial Arbiter Group Inc. Monday night's meeting was
attended by Barros, Mena's son, Heriberto Mena, attorneys Robert Maes
and William McCarren and city attorneys.

Given that the city admitted it hit the wrong house in the September
no-knock raid by the SWAT team, then levied felony charges against the
officer whose sworn statements led to the botched raid, the city could
be liable if the case ever went before a jury. But a verdict against
the city, and payment after all the appeals were completed, could take
years.

"Cut your losses and that's good," Councilman Ed Thomas said Tuesday.
"I'm glad we're stepping up to the plate."