Co-counsel Rastello defeated cops in '01

By Brian D. Crecente, Rocky Mountain News
September 10, 2003

Johnnie L. Cochran Jr. is teaming up with an attorney who once landed the biggest verdict ever against the Denver Police Department - for a planned civil rights suit in the fatal police shooting of a developmentally disabled teen.

The family of Paul Childs, a 15-year-old who was killed in his home by a Denver police officer, has been talking to Cochran in preparation of a lawsuit. Timothy Rastello, an attorney for the Denver firm of Holland and Hart, will be working with Cochran as co-counsel.

"The family definitely wants policy changes," Rastello said. "We think there are some policy deficits that led to Paul's death."

On July 5, Childs' sister called 911 to tell Denver police that her brother had threatened their mother with a knife. A few minutes later, officer James Turney shot the 15-year-old when he wouldn't drop the knife.

Another officer standing next to Turney was armed with a less-lethal Taser but said he was unable to get a clear shot at Childs.

"There was absolutely no need to use that type of force when they had stun guns right on the premises," Rastello said. "As far as I know, there is no evidence he was about to attack anyone. They knew this young man was mentally unstable.

"The officer who killed him was in a similar situation just a year earlier and was completely absolved, and when that happens, it sends the wrong message to officers."

The Denver District Attorney's Office has started reviewing parts of the police department's internal investigation into the shooting, but the case remains open.

Rastello, who works in his firm's Boulder office, said the Childs family will not file its federal civil rights violation suit against the police department until after the criminal investigation has ended.

Rastello, who has worked as co-counsel with the famous attorney on several cases in the past, specializes in police misconduct. He won a $2.25 million jury verdict against the Denver Police Department in 2001.

In that case Rastello represented a woman whose son, college student Randy Bartel, died when a Denver police officer sped through a red light at 65 mph without his siren. The officer was not on an emergency call but was speeding to help another officer arrest a thief, according to court documents.

Rastello contends the department never should have hired the officer because he had been convicted of numerous traffic violations before joining the force.

Although it will probably be weeks before the criminal investigation into Childs' death is complete, Rastello has already been in contact with the city about the case.

"I've made a request of the mayor and chief of police to preserve all of the records," he said.

Rastello added that he and Coch-ran are prepared for years of investigation and litigation if necessary.

"We hope the department and city will step up earlier and take responsibility," he said, "but my experience tells me we are going to have to go all of the way."

crecenteb@RockyMountainNews.com or 303-892-2811

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