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Louima Disappointed By Convictions Reversal, State To Try Officer

Louima 

WASHINGTON, March 7 (IslamOnline & News Agencies) – Speaking for the first time since last week’s overturning convictions in two trials against three New York City police officers in his 1997 beating and sodomizing, Louima said Thursday he was disappointed with the ruling.

The 2nd U.S. Court of Appeals last week over-turned the police officer convictions.

"I want to express my disappointment," said Louima, quoted by CNN. "Always I believe in our system of justice and what that means to me is for justice. I had hoped after all these years I would have been able to go on with my life. Unfortunately that is not the case."

The court reversed convictions against Charles Schwarz, Thomas Wiese and Thomas Bruder. However, the ruling did not affect the conviction of Justin Volpe, 29, the chief attacker, who pleaded guilty in 1999 to violating Louima's civil rights and was sentenced to 30 years in prison. The court upheld Volpe’s conviction previously.

At a bail hearing for Schwarz Thursday in New York, Schwarz was granted a $1 million bail in anticipation of his new trial on civil rights charges being filed against him, reported news agencies. But Schwarz could be out of jail by Thursday afternoon once the paperwork was finished.

However, Louima attorney Sanford Rubenstein said that Schwarz "does not walk out as a free man. He walks out of the courthouse as a defendant ... in one of the most brutal acts of police brutality in the history of this country," reported news agencies.

Despite his disappointment, Louima said that he would "fully cooperate" with any further prosecution. Louima was a key prosecution witness in the first trial.

"I will fully cooperate with the prosecutors - federal and state - in any future criminal prosecution regarding what happened to me, so that at the end of the day, full justice will prevail to demonstrate to the world that our system of justice does work," Louima told reporters at the Roney Palace Hotel in Miami Beach, reported CNN.

Last week's court decision reversing the convictions on Schwarz, Wiese and Bruder, does not affect the $8.7 million settlement Louima reached last year with the city of New York, his attorney, Sanford Rubenstein, has said.

Louima, a Haitian immigrant, was tortured in a police station bathroom in 1997 following his arrest in a melee outside a Brooklyn nightclub. Prosecutors in the cases said a handcuffed Louima was pinned down as Volpe assaulted him in the patrol car and sodomized him with a broken broomstick inside the 70th Precinct station house. He suffered severe internal injuries.

Schwarz, 36, maintained his innocence throughout the trials, saying he was nowhere near the bathroom. Volpe backed Schwarz’s claims. Schwarz, however, was convicted of participating in the bathroom assault (holding Louima down) and, in a second trial, for conspiring to cover up his role. He has served two years of his 15-year sentence.

The appeals court said Schwarz must get a new trial because he was denied effective assistance of counsel and because the jury was improperly exposed to prejudicial information during deliberations.

Acting U.S. Attorney Alan Vinegrad, the lead prosecutor in the case, has said the government is prepared to retry the case against Schwarz. But he said he could do nothing about the Wiese and Bruder convictions being tossed out.

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's case drew widespread attention to the issue of racial profiling and led to a major shakeup of the New York Police Department (NYPD).

There is also a pending federal inquiry into whether the NYPD's rank-and-file shields abusive officers behind a "blue wall of silence." - blue being the color of police officers’ uniforms.
 

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