U.S.

'Blue Wall' Under Attack

June 8, 1999 / 4:31 PM EDT / AP

With two convictions already in hand, prosecutors will pursue charges against New York police officers who allegedly lied about the assault on Haitian immigrant Abner Louima in order to protect one of their own.

"It's not over," prosecutor Kenneth Thompson said Tuesday after a jury found Officer Charles Schwarz guilty of holding down Abner Louima while Officer Justin Volpe sodomized him with a broken broomstick in a precinct bathroom.

The verdict was returned in Brooklyn federal court two weeks after Volpe pleaded guilty to the attack that prompted a national outcry and widespread demonstrations against police brutality.

Three other officers were acquitted Tuesday on charges they violated Louima's civil rights following his arrest at a nightclub on Aug. 9, 1997.

Schwarz and two of the acquitted officers, Thomas Wiese and Thomas Bruder, still face charges they conspired to obstruct justice by claiming Schwarz was never in the bathroom. U.S. Attorney Zachary Carter said he expects that case to go to trial, but didn't say when.

"I think it's piling on," said Bruder's attorney, Stuart London. "Enough is enough."

The jury of eight whites, three Hispanics and one black deliberated 18 hours over three days in federal court. The 33-year-old Schwarz sat impassively as the verdict was announced.

Schwarz, like Volpe, could get life in prison. His attorney, Stephen Worth, said he would appeal.

"I'll say something that I've never said before: The jury reached the wrong verdict," Worth said. "I'm sure they were under pressure to convict somebody, but they got it wrong."

Volpe's attorney, Marvyn Kornberg, agreed, saying Volpe told prosecutors the name of a second officer in the bathroom, and it wasn't Schwarz. He refused to name the officer. Volpe also has refused to name the man.

Prosecutor Alan Vinegrad dismissed Kornberg and Volpe whom he called "the perpetrator of one of the most horrific sexual assaults in modern history " as not credible.

Louima, 32, was not in the courtroom for the verdict but said later the decision fell short of what he had hoped for.

"I am confident in the end that complete justice will be done in my case," said Louima, who is suing the city for $155 million. "I hope what comes out of my case is change."

Schwarz was acquitted of beating Louima inside a police car prior to the bathroom attack. Also cleared in that attack were Wiese, 35, and Bruder, 33. Their sergeant, Michael Bellomo, 37, was acquitted of lying to cover up the arrests of Louima and another Haitian man, Patrick Antoine.

"I did nothing wrong that night," Bruder said outside the courtroom, where he hugged Wiese. "I didn't do anything wrong. I treated Mr. Louima like a gentleman that night."

Louima had testified that Bruder came to his aid after the bathroom attack by taking off his handcuffs and hlping him dress.

Louima had testified he was arrested, beaten and finally tortured with a broken broomstick in a filthy bathroom stall, suffering severe internal injuries including a ruptured bladder and colon.

The account was supported by the testimony of four police officers credited with shattering the so-called "blue wall of silence."

The trial was interrupted May 25 by Volpe's dramatic guilty plea. The stocky, square-jawed patrolman admitted he attacked Louima in a blind rage because he mistakenly thought Louima had hit him outside the nightclub.