A federal grand jury handed up a twelve-count indictment on February 27, 1998 against five New York police officers, accused of assaulting Haitian immigrant Abner Louima in the 70th Precinct in Brooklyn on August 9, 1997.

Four of the officers -- Justin Volpe, Thomas Bruder, Thomas Wiese and Charles Schwarz -- were charged with civil rights and conspiracy charges for violating Louima's civil rights. The fifth, Sergeant Michael Bellomo, who was the patrol supervisor the night of the attack on Louima, was charged with attempting to cover up the alleged assault.

Bellomo and Volpe are also charged with civil rights charges for falsely arresting eyewitness Patrick Antoine, who was outside the Club Rendezvous nightclub in Flatbush and saw Louima being taken into custody by the cops. The indictment also charges Volpe with beating Antoine outside the club and with obstruction of justice for allegedly threatening Louima to keep him from talking about the assault. Bellomo and Bruder were also charged with attempting to cover up the arrest of Antoine by lying to FBI agents.

The investigation of the Louima incident was conducted by the U.S. Attorney's Office, the FBI and the Internal Affairs department of the NYPD. New York Police Commissioner Howard Safir joined in announcing the indictment of the five officers.

According to the indictment, the assault on Louima involved the officers "shoving a wooden stick into his rectum and mouth while his hands were handcuffed behind his back." Louima suffered a torn bladder and intestine and required several surgeries to repair the damage.

UNITED STATES OF AMERICA

- against -

JUSTIN VOLPE,
THOMAS BRUDER,
CHARLES SCHWARZ,
THOMAS WIESE and
MICHAEL BELLOMO,

Defendants.

THE GRAND JURY CHARGES:

At all times relevant to this Indictment:

1. The defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE were police officers employed by the New York City Police Department.

2. The defendant MICHAEL BELLOMO was a police sergeant employed by the New York City Police Department.

3. The defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ, THOMAS WIESE and MICHAEL BELLOMO were assigned to the 70th Precinct located in Brooklyn, New York.

4. Pursuant to New York Criminal Procedure Law Section 140.10, police officers, like the defendants JUSTIN VOLPE and MICHAEL BELLOMO, are authorized to make a warrantless arrest of any individual whom they have reasonable cause to believe has committed a crime.

5. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

6. On or about August 9, 1997, within the Eastern District of New York, the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE, while acting under color of the laws of the State of New York, did knowingly and willfully conspire to injure, oppress, threaten, and intimidate Abner Louima in the free exercise and enjoyment of the rights and privileges secured to him by the Constitution and laws of the United States, to wit: the right to be free from the intentional use of unreasonable force by one acting under color of law.

7. It was part of the conspiracy that the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE would physically assault Abner Louima while he was handcuffed and in police custody.

8. In furtherance of the conspiracy and to effect the objectives thereof, within the Eastern District of New York, the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE committed and caused to be committed the following:

a. On or about August 9, 1997, in a police car in Brooklyn, New York, the defendants CHARLES SCHWARZ and THOMAS WIESE hit and physically assaulted Abner Louima while his hands were handcuffed behind his back.

b. On or about August 9, 1997, in a police car in Brooklyn, New York, the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ, and THOMAS WIESE hit and physically assaulted Abner Louima while his hands were hands were handcuffed behind his back.

c. On or about August 9, 1997, in a rest room at the 70th Precinct, the defendants JUSTIN VOLPE and CHARLES SCHWARZ hit and physically assaulted Abner Louima, by kicking him and by shoving a wooden stick into his rectum and mouth while his hands were handcuffed behind his back.

(Title 18, United States Code, Sections 241 and 3551 et seq.).

9. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

10. On or about August 9, 1997, within the Eastern District of New York, the defendants CHARLES SCHWARZ and THOMAS WIESE, while acting under color of the laws of the State of New York, did knowingly and willfully deprive Abner Louima of the right secured and protected by the Constitution and laws of the United States not to be deprived of liberty without due process of law, to wit: the right to be free from the intentional use of unreasonable force by one acting under color of law, by striking and assaulting him, resulting in bodily injury to Abner Louima.

(Title 18, United States Code, Sections 242, 2 and 3551 et seq.).

11. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

12. On or about August 9, 1997, within the Eastern District of New York, the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE, while acting under color of the laws of the State of New York, did knowingly and willfully deprive Abner Louima of the right secured and protected by the Constitution and laws of the United States not to be deprived of liberty without due process of law, to wit: the right to be free from the intentional use of unreasonable force by one acting under color of law, by striking and assaulting him, resulting in bodily injury to Abner Louima.

(Title 18, United States Code, Sections 242, 2 and 3551 et seq.).

13. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

14. On or about August 9, 1997, within the Eastern District of New York, the defendants JUSTIN VOLPE, THOMAS BRUDER, CHARLES SCHWARZ and THOMAS WIESE, while acting under color of the laws of the State of New York, did knowingly and willfully deprive Abner Louima of the right secured and protected by the Constitution and laws of the United States not to be deprived of liberty without due process of law, to wit: the right to be free from the intentional use of unreasonable force by one acting under color of law, by sexually assaulting him, resulting in bodily injury to Abner Louima.

(Title 18, United States Code, Sections 242, 2 and 3551 et seq.).

15. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

16. On or about and between August 9, 1997 and October 1997, within the Eastern District of New York, the defendant MICHAEL BELLOMO, knowing that an offense against the United States had been committed, to wit: the crime charged in Count Three above, did knowingly and intentionally assist the offenders in order to hinder and prevent their apprehension, trial and punishment. (Title 18, United States Code, Sections 3 and 3551 et seq.).

17. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

18. On or about August 9, 1997, within the Eastern District of New York, the defendants JUSTIN VOLPE and MICHAEL BELLOMO, while acting under color of the laws of the State of New York, did knowingly and willfully conspire to injure, oppress, threaten and intimidate Patrick Antoine in the free exercise and enjoyment of the rights and privileges secured to him by the Constitution and laws of the United States not to be deprived of liberty without due process, to wit: the right to be free from arrest and seizure without probably cause by one acting under color of law.

19. It was part of the conspiracy that the defendants JUSTIN VOLPE and MICHAEL BELLOMO would falsely arrest Patrick Antoine in order to conceal an unlawful assault of Patrick Antoine by the defendant JUSTIN VOLPE.

20. In furtherance of the conspiracy and to effect the objectives thereof, within the Eastern District of New York, the defendants committed and caused to be committed the following:

a. On or about August 9, 1997, at or near Glenwood Road and Flatbush Avenue in Brooklyn, New York, the defendant JUSTIN VOLPE hit and physically assaulted Patrick Antoine.

b. On or about August 9, 1997, at or near Glenwood Road and Flatbush Avenue in Brooklyn, New York, the defendant JUSTIN VOLPE arrested Patrick Antoine.

c. On or about August 9, 1997, the defendant MICHAEL BELLOMO falsely reported in writing that Patrick Antoine attempted to interfere with the arrest of Abner Louima by striking the defendant JUSTIN VOLPE.

(Title 18, United States Code, Sections 241 and 3551 et seq.).

21. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

22. On or about August 9, 1997, within the Eastern District of New York, the defendant JUSTIN VOLPE, while acting under color of the laws of New York State, did knowingly and willfully deprive Patrick Antoine of the right secured and protected by the Constitution and laws of the United States not to be deprived of liberty without due process of law, to wit: the right to be free from the intentional use of unreasonable force by one acting under color of law, by striking and assaulting him, resulting in bodily injury to Patrick Antoine.

(Title 18, United States Code, Sections 242 and 3551 et seq.).

23. Paragraphs 1 through 4 are hereby realleged and incorporated by reference as though fully set forth herein.

24. On or about August 9, 1997, within the Eastern District of New York, the defendants JUSTIN VOLPE and MICHAEL BELLOMO, while acting under color of the laws of the State of New York, did knowingly and willfully deprive Patrick Antoine of the right secured and protected by the Constitution and laws of the United States not to be deprived of liberty without due process of law, to wit: the right to be free from arrest and seizure without probable cause by one acting under color of law, by arresting Patrick Antoine knowing that the arrest was without probable cause, resulting in bodily injury to Patrick Antoine.

(Title 18, United States Code, Sections 242, 2 and 3551 et seq.).

25. On or about August 9, 1997, within the Eastern District of New York, the defendant JUSTIN VOLPE did knowingly and intentionally intimidate and threaten and attempt to intimidate and threaten Abner Louima with the intent to hinder, delay and prevent the communication to a law enforcement officer of the United States of information relating to the commission and possible commission of a Federal offense, to wit: the deprivation of Abner Louima's civil rights in violation of Title 18, United States Code, Section 242.

(Title 18, United States Code, Sections 1512 (b) (3) and 3551 et seq.).

26. On or about October 30, 1997, within the Eastern District of New York, the defendant MICHAEL BELLOMO did knowingly and willfully make a materially false, fictitious and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, to wit: the Federal Bureau of Investigation, in that he stated and represented that on August 9, 1997, he authorized the arrest of Abner Louima at Farragut Road and East 28th Street in Brooklyn, New York when in fact, as he then and there well knew and believed, he did not authorize the arrest of Abner Louima at that location.

(Title 18, United States Code, Sections 1001 (a) (2) and 3551 et seq.).

27. On or about October 30, 1997, within the Eastern District of New York, the defendant MICHAEL BELLOMO did knowingly and willfully make a materially false, fictitious and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, to wit: the Federal Bureau of Investigation, in that he stated and represented that on August 9, 1997, he saw Patrick Antoine run and charge into the defendant JUSTIN VOLPE when in fact, as he then and there well knew and believed, he did not see Patrick Antoine run and charge into defendant JUSTIN VOLPE.

(Title 18, United States Code, Sections 1001 (a) (2) and 3551 et seq.).

28. On or about November 8, 1997, within the Eastern District of New York, the defendant THOMAS BRUDER did knowingly and willfully make a materially false, fictitious and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, to wit: the Federal Bureau of Investigation, in that he stated and represented that on August 9, 1997, he saw Patrick Antoine run into the defendant JUSTIN VOLPE near Farragut Road and East 28th Street in Brooklyn, New York, when in fact, as he then and there well knew and believed, he did not see Patrick Antoine run into the defendant JUSTIN VOLPE at that location.

(Title 18, United States Code, Sections 1001 (a) (2) and 3551 et seq.).

A TRUE BILL

____________________
FOREPERSON

____________________
ZACHARY W. CARTER
UNITED STATE DISTRICT ATTORNEY
EASTERN DISTRICT OF NEW YORK