| March 1, 2002 |
 |
Nightmare
now a dream for Schwarz family
By Leonard
Levitt
STAFF WRITER
Staff writers Theresa Vargas, Steven Kreytak and Sean Gardiner,
and The Associated Press contributed to this story.
After finally
winning a round in the long campaign for her husband's freedom,
Andra Schwarz yesterday said she felt she was now "living in
a dream" rather than a nightmare.
"The
lesson is don't give up," said Charles Schwarz's wife. "The
truth will set you free. My husband has a huge amount of integrity.
He wasn't near that bathroom."
Since her
husband's 1999 conviction for his role in the sodomization of the
Haitian immigrant Abner Louima, Andra Schwarz has been Charles Schwarz's
most tireless supporter. She has raised money, appeared on radio
and television and kept up his spirits in monthly phone calls.
Yesterday,
she wore a navy-blue T-shirt emblazoned with "Free P.O. Chuck
Schwarz," on the front, and "Served with Honor ... Framed
by Politics" on the back as she spoke to reporters from the
office of attorney Ronald Fischetti.
The appeals
court decision granting her husband a new trial left her "in
shock," she said.
"It's
been a nightmare. It's been like living in a war," she said
yesterday. "He has been in solitary so long. I've lost track,
he has been in so many different places."
By different
places, she meant federal prisons. Schwarz has been in six of them.
He has been in solitary confinement for most of the two years and
eight months he has been imprisoned, she said.
"Full
lock-down for 23 hours. No TV. Only a head-set radio, with the books
and magazines we send him."
He is allowed
one phone call every 30 days, she said.
"I
worry about his safety, his mental state, his physical state. He
was in one penitentiary and his roommate was told to get another
room because they were going to burn him out. So that he has been
in solitary for nearly all that time," she said.
Other players
in the effort to overturn the decision were overjoyed if not surprised
by the latest development.
Patrolmen's
Benevolent Association President Patrick Lynch, speaking through
a spokesman, said, "I am gratified these judges had the courage
to do the right thing and avoid the politics that have plagued this
case form the very beginning."
Despite
the judges' citing a conflict of interest and what they called "ineffective
counsel" by Schwarz's PBA attorney, Stephen Worth, that lawyer,
too, praised the decision.
"I
am happy for Chuck," Worth said. "Obviously I am very
pleased the court reached the right result, although I think they
did it for the wrong reasons. I certainly don't feel that there
was any conflict of interest that affected Chuck's representation."
Two of the
happiest people yesterday were Thomas Wiese and Thomas Bruder, police
officers who had been convicted of a cover-up conspiracy until the
court threw out that decision yesterday. Unlike Schwarz, they will
not face a new trial.
"I
got friends calling from all over the country. Prayers and lit candles
worked," said Bruder, who was out of prison on bail pending
appeal.
Joseph Tacopina,
attorney for Wiese, said his client wanted to "resume his normal
life and possibly return to the force."
But the
key player in the attack, Justin Volpe, remained silent.
Volpe pleaded
guilty to the assault on Louima, and is now serving a 30-year sentence
at Federal Medical Center in Rochester, Minn. He declined to comment,
said a prison spokesman.
Det. Eric
Turetzky, who testified he saw Volpe swing a wooden stick as he
led Louima to the 70th Precinct stationhouse bathroom, also declined
to discuss the case.
Staff writers
Theresa Vargas, Steven Kreytak and Sean Gardiner, and The Associated
Press contributed to this story.

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