The Denver Post
Judge turned mediator played key role in pact
Wednesday, May 26, 2004 -
Weeks of mediated discussions, studies of similar cases and a little involvement from celebrity defense lawyer Johnnie Cochran led to the settlement between Denver and the family of Paul Childs.
A process that kicked into high gear at the beginning of the month concluded with final signatures Tuesday morning. "We reviewed this case very, very carefully," City Attorney Cole Finegan said. "We prepared very, very thoroughly. We analyzed what we believed to be the risk to the city. We also analyzed what we believed to be the risk to the other side." Playing a critical behind the scenes role was mediator Richard Dana of the Judicial Arbiter Group Inc. Dana, a former state district court judge who helped found the prestigious group of former judges, conducted formal sessions May 1 and 2. And Dana was always available to both sides. The Childses' attorneys initially hoped they would win a $5 million award stemming from disabled teenager Paul Childs' July 2003 fatal shooting by Denver police officer James Turney. On Tuesday, both sides deemed the $1.325 million settlement "fair" and "reasonable." Childs family attorney Timothy Rastello said the size of the settlement indicates the city had a great deal of liability in the case. "I think it makes a statement, but I can honestly say this was not about the money," he said. "Everyone knows what happened here should never have happened." Other lawyers agreed both sides got a good deal. Paul Childs "had no history of economic wages ... so basically, you're talking largely emotional distress damages for the family," said Rich Caschette, a Denver lawyer and former first assistant U.S. attorney in Colorado. "I think that's a reasonable range for settlement of a case like this." Said Lakewood City Attorney Roger Noonan: "Bringing it to a conclusion was probably the best thing from the city's perspective and the community's." Finegan said that eight city attorneys spent hundreds of hours on the case. They examined the results of cases involving shootings by police in Los Angeles in 1995 ($538,000 verdict); in Columbus, Ohio, in 1988 ($1 million verdict); and Miguel County, N.M., in 2000 ($1.75 million verdict), among others. On the other side of the negotiating table, city attorneys faced the Childs family's attorneys from Denver law firm Holland & Hart and a partner in Cochran's firm, Eric Ferrer. Cochran himself participated occasionally by telephone but not in person. The two sides turned to the Judicial Arbiter Group, which employs 18 former federal and state judges as mediators and arbitrators. Founder Dana's partners include former Colorado Supreme Court Justices Luis Rovira and Tony Vollack, as well as former U.S. District Judge Jim Carrigan.. The firm handles roughly 1,600 cases a year. "They're as good as it gets in the business," former U.S. Attorney Tom Strickland said. The city and the Childs family will split the cost of Dana's services, which run $320 an hour. After cinching a deal late Monday, Finegan unveiled the pact to Mayor John Hickenlooper and Denver City Council members in a 45-minute closed session Tuesday. The settlement releases several city officials and police officers - including Turney - from liability in the case. It includes no provisions for city policy changes, though an effort to change several police policies is afoot. Only one council member - Jeanne Faatz - said she plans to oppose the settlement, which must be approved by the council. "I do not feel a large settlement is appropriate in this situation," Faatz said. She has opposed previous settlements in which people were hurt after police were summoned to deal with them. Councilman Doug Linkhart supports the deal. "It's not out of line with other settlements we've done and other cities have done. Who knows what a life is worth?" Denver Post staff writer Sean Kelly contributed to this report. |