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NEW YORK (AP) A federal appeals court overturned the
convictions of three white police officers in the Abner Louima
torture case Thursday, finding insufficient evidence they
obstructed justice.
The 2nd U.S. Circuit Court of Appeals in Manhattan reversed the
conviction of Charles Schwarz, 36, who was accused of taking part
in one of the worst police brutality cases in U.S. history. The
three-judge panel, which was unanimous, returned the case to a
lower court for a possible retrial.
The appeals court also overturned convictions against Schwarz,
Thomas Wiese, 37, and Thomas Bruder, 34, on charges that they
helped cover up the crime.
The ruling did not affect the guilty plea of the main attacker,
former Officer Justin Volpe, who is serving 30 years in prison
after admitting he sodomized Louima with a broken broomstick in a
police station bathroom.
Prosecutors said a handcuffed Louima was pinned down and
brutally assaulted following his arrest in a melee outside a
Brooklyn nightclub Aug. 9, 1997. Charges against Louima were later
dropped.
Louima suffered a ruptured bladder and colon in the attack and
spent two months in the hospital. The attack caused the Justice
Department to study whether the New York Police Department fosters
brutality through lax discipline of wayward officers.
The appeals court said Schwarz's convictions for civil rights
violations must be thrown out and a new trial ordered because he
was denied effective assistance of counsel and because the jury was
exposed to prejudicial information during deliberations.
"The jurors asserted that despite their best efforts to avoid
publicity they had learned from one juror during jury deliberations
that Volpe had pleaded guilty to assaulting Louima in the bathroom
and had indicated that he had done this assault with another police
officer," the ruling stated.
The court also held that convictions against all three men at a
second trial for conspiracy to obstruct justice must be dismissed
for insufficient evidence. It was not immediately clear whether
prosecutors would seek new trials in those cases.
The government failed to prove that the defendants intended to
obstruct a federal grand jury, the court ruled. The three-judge
panel said the government relied nearly exclusively on Bruder's
allegedly false statements to federal investigators.
But Bruder did not know the statements would be repeated to a
federal grand jury, the court found. Thus, the judges said, there
is insufficient evidence to support a conspiracy.
"It's a sweet day when you can show the government was wrong
and it was wrong from the beginning," said Stuart London, Bruder's
attorney.
Schwarz was sentenced in June to 15« years; Wiese and Bruder
received five-year sentences for the conspiracy conviction but have
been free on bond pending appeal.
Schwarz and Volpe were tried for conspiracy to deprive Louima of
his civil rights by sexually assaulting him while Schwarz, Bruder
and Wiese faced conspiracy to obstruct justice charges in a
separate trial.
Civil rights leader the Rev. Al Sharpton called the ruling "a
shocking display of how the judicial system continues to fail to
protect citizens from police abuse." He said the court "in effect
says that Volpe acted alone when that is not only not the evidence,
but physically impossible."
Sanford Rubenstein, a lawyer for Louima, said that if there is a
new trial for Schwarz, "we look to the federal government to retry
the case and we will be supportive of their efforts as we have in
the past."
Joseph Tacopina, attorney for Wiese, said: "Justice has been
served. It was clearly the right decision. Hopefully now Thomas
Wiese, Thomas Bruder and Charles Schwarz can resume their normal
lives with this and even possibly return to the force."
Zachary Carter, the former U.S. attorney who prosecuted the
case, declined to comment, as did the New York Police Department.
A telephone call to Schwarz's lawyers was not immediately
returned.
In their appeal, lawyers for Schwarz had argued that his
attorney in both trials had a conflict of interest as he also
represented the police union, thereby hindering him from deflecting
blame to another officer.
The Louima case and other high-profile incidents including the
1999 death of an unarmed West African immigrant, Amadou Diallo, in
a hail of 41 bullet fired by four white officers ignited protests
accusing police of singling out minorities for abuse, often through
racial-profiling.
Louima filed a lawsuit against the city and the police union,
which was settled in July after months of hard-fought negotiations.
The city and union agreed to pay Louima and his lawyers $8.7
million in the largest settlement ever in a New York City police
brutality case.
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