Denver Officer Loses Wages for Raid

Tuesday, January 16th 2001, 12:00 am

By: News On 6

DENVER (AP) â€” A police officer who signed an erroneous search warrant that led to a fatal no-knock raid at the wrong address will lose three months' pay but will be allowed to return to the force.

The decision Monday by police officials prompted complaints from supporters of the victim, Ismael Mena, a Mexican immigrant killed in the Sept. 29, 1999, raid.

Joseph Bini, 32, will receive nine months' back pay stemming from the 12-month suspension he has already served, police officials said Monday. They also said he will be given a different position on the force.

``This is the ultimate and apparently the final slap in the face to the family of Ismael Mena and to the community,'' said LeRoy Lemos, head of an activist group set up after the death. ``It's obvious now that a person in the criminal justice system can get away with murder and there will be no ramifications.''

Bini pleaded guilty last year to misdemeanor official misconduct in Mena's death and was sentenced to a year of probation and 150 hours of community service. Bini originally was charged with perjury and trying to influence a public servant.

Two other officers involved in the raid have been cleared of wrongdoing.

Bini signed a request for a warrant that listed the wrong address in a drug investigation. Investigators meant to raid the house next door.

Officials said the police department was to blame for putting Bini in a situation in which he was not properly trained to handle.

``There was no policy in place for what happened,'' Police Chief Gerry Whitman said. ``It was a huge error.''

Bini was unavailable for comment. His lawyer, David Bruno, said he wasn't aware of the department's decision.