A federal appeals court today threw out the convictions of three
white police officers in the Abner Louima torture case, leaving
the victim "stunned" and community leaders calling for
a quick retrial.
The 2nd U.S.
Circuit Court of Appeals in Manhattan reversed the convictions
of Charles Schwarz, Thomas Wiese and Thomas Bruder in one of the
worst police brutality cases in U.S. history.
Schwarz had
been tried for conspiracy to deprive Louima of his civil rights,
as well as obstruction of justice. The others faced only obstruction
of justice charges.
The principal
villain in the case, former police officer Justin Volpe, was not
affected by today's ruling. He was sentenced to 30 years in prison
after admitting carrying out the actual attack.
Louima, a
Haitian immigrant, was sodomized with a broomstick at the 70th
precinct in Brooklyn, where he had been taken following his arrest
outside a Brooklyn nightclub on Aug. 9, 1997. Charges against
him were later dropped.
Haitian community
leaders said they were shocked by today's decision.
"It just
seemed like a kind of wholesale overturning, and that was very
disturbing," said Dina Paul Parks, acting director of the
National Coalition for Haitian Rights, which is based in New York.
"I think
that if you look at the pattern," Paul Parks said, ticking
off the names of other alleged police brutality victims, including
Amadou Diallo and Patrick Dorismond, "it gives the appearance
at least of a culture of impunity with the police department."
The attack
by Volpe surpassed virtually all others in the recent history
of the police department, in its sheer brutality. It aggravated
already tense relations between then-mayor Rudolph Giuliani and
minority communities.
The Haitian-American
activist agreed with other community leaders who said the outrage
in the Haitian community will be strong, but probably not be as
sustained vocally as it was right after the brutal assault on
Louima back in 1997.
Louima, who
is now living in Florida, would have no comment, said his attorney,
Sanford Rubenstein.
But one of
his friends, asking that his name not be used, said: "He
(Louima) was clearly stunned."
Attorneys
for the former cops were clearly overjoyed with the court decision.
"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 had
received a 15 1/2 year sentence for his role in the attack. Wiese
and Bruder got five-years for lying to the FBI about Schwarz's
involvement but they have been free on bond pending appeal.
The appellate
judges today ordered a new trial for Schwarz because, they said,
he was denied effective counsel and the jury was exposed to prejudicial
information during their deliberations.
The judges
also said that insufficient evidence was presented to convict
the three officers for conspiracy to obstruct justice.
It was not
yet known whether federal prosecutors would seek new trials.
In a news
conference at his National Action Network in Harlem, the Rev.
Al Sharpton vowed civil disobedience and protests to ensure a
new prosecutor be committed to prosecuting the attackers of Abner
Louima.
He said the
ruling in effect says that Volpe acted alone when that is
not only not the evidence, but physically impossible.
Sharpton said
he has placed a call to New York senior Sen. Charles Schumer,
telling him a new U.S. attorney for the Eastern District needs
to be hired that will pursue relevant, winnable and necessary
charges.
If one isnt
appointed, Sharpton said, In effect this could mean that
they have let three people walk on one of the ugliest, most pathetic
and certainly sick crimes that weve seen in the history
of this city.
This
is just one more round, the fight is not over, he said.
We cannot allow one man to take a fall when clearly one
man could not have operated alone.
The publisher
of The Haitian-Times, an English language weekly newspaper published
in Brooklyn, said the decision will make Haitians even more cynical
about the justice system.
"I am
shocked about what happened," said Garry Pierre-Pierre, the
publisher.
"We knew
they were looking into the Schwarz case but we thought the convictions
of the other officers were never in question."
Pierre-Pierre
said he did not believe there will be major marches protesting
the decision. "I think what this does is make people more
cynical about the system, to feel that it doesn't work for them,"
he said.
He said that
relations between the police and the community had improved significantly
since the Sept. 11 terrorist attacks on the World Trade Center,
but today's decision might be something of a setback.
Rubenstein
said he wants the federal government to retry the case against
the three officers.
Rubenstein
said his client is attempting to live his life as a private
citizen. He has suffered as a victim, perhaps the worst case of
police brutality in the history of this country and he wants to
live his life. 