RITTER SEEKS OUTSIDE HELP

Officially, Denver District Attorney Bill Ritter is having a special
prosecutor look into the police shooting of Ismael Mena because one of his
investigators is the brother of Mark Haney, an officer at the shooting.

That's reason enough, especially since the investigator, Tom Haney, is a
former Denver officer himself.

But an outside prosecutor would probably be a good idea anyway, considering
the sensitivity of the case and the passions it has stirred in the city.
This investigation deserves more than the routine check that follows police
shootings.

Mena was fatally shot after he allegedly pointed a gun at Denver officers
when they burst into his home Sept. 29 in the execution of a no-knock search
warrant. The officers were looking for drugs, but none were found in the
house or in Mena's body.

Neighbors have claimed they saw no drug activity at the house and have
suggested that police simply had the wrong address.

Ritter's office will continue checking the credibility of the warrant, which
was based on a sworn affidavit from officer Joseph Bini that an informant
had purchased $20 worth of crack cocaine from two men at the house on High
Street. The warrant is obviously critical. Indeed, a warrant's preparation
is no less important than its execution. You never want to bring a wrecking
ball or a SWAT team to the wrong address.

Indeed, we're told that since the shooting Denver police have decided to
have a supervisor check all warrants in advance. But shouldn't that have
been policy all along?

Two years ago Ritter had a special commission look into the way police
shootings are investigated because of a controversy over the slaying of
Jeffrey Truax outside a bar on Broadway by two off-duty officers.

The commission, headed by former Colorado Supreme Court Justice William
Erickson, specifically rejected the idea that special prosecutors be used in
all cases unless there is a conflict of interest. Just because police
officers and deputy DAs work together regularly doesn't mean the
investigation can't be fair, it said.

True. But when there are unusual circumstances in a police slaying it's wise
to call in outside help, if only to increase the public's confidence in the
objectivity of the probe.

And if there are conflicts in the statements of officers and witnesses, a
grand jury could be used to subpoena evidence and compel sworn testimony.

If Mena's relative are still dissatisfied with the probe, they always have
the option of filing a civil lawsuit.