WEB POSTED 06-23-1999

Lawyer: New York should settle suit with abused Hatian immigrant


by Herb Boyd

NEW YORK—Now that his assault charges against city police officers have been vindicated, a lawyer for Haitian immigrant Abner Louima is hoping the city will settle a multimillion dollar lawsuit out of court.

Mr. Louima, the victim of a sodomy attack by police officer Justin Volpe, filed a $155 million lawsuit against the city, the New York Police Department and the Patrolmen’s Benevolent Association, said attorney Barry Scheck. "We hope the city will accept a settlement out of court," Mr. Scheck said, given Mr. Volpe’s confession that he sodomized Mr. Louima with a wooden handle and officer Charles Schwarz’s conviction June 8 on civil rights violations.

"There has been some discussion but no firm offer," said Mr. Scheck.

Three other officers accused of beating Mr. Louima outside a Brooklyn nightclub in 1997 were acquitted.

"Some measure of justice has been achieved," said Johnnie Cochran, Mr. Louima’s lead attorney, "but the important thing is that Mr. Louima has been vindicated. He told the whole truth and nothing but the truth."

Mayor Rudolph Giuliani waved off questions about a possible settlement, saying those questions should be put to the City Corporation Counsel.

Along with Mr. Louima’s possible civil trial against the city, the acquitted officers face additional charges of conspiring to cover up Mr. Schwarz’s involvement in the beating and sodomy. This count was separated from the other counts heard against the officers.

A jury in the federal trial took only 18 hours to find Mr. Schwarz guilty in this explosive case that has simmered in the public conscience for 22 months.

"It’s a partial victory," said the Rev. Herbert Daughtry of the House of the Lord Church in Brooklyn, who has been among the most vigilant spectators at the nearly six-week long trial. "I believe all of them are guilty, but I had a feeling it would be difficult to convict Thomas Wiese and Thomas Bruder because of the circumstantial evidence."

Rev. Daughtry also felt that Sgt. Michael Bellomo was guilty of attempting to cover up the alleged beating of Mr. Louima and filing reports that led to the false arrest of Patrick Antoine, another Haitian who claimed he was beaten that same evening.

Former Officer Schwarz—he was stripped of his badge and terminated from the force immediately by Police Commissioner Howard Safir—was found guilty of two of the five counts against him.

According to the verdict delivered by a jury of eight whites, three Hispanics and one Black woman, Mr. Schwarz conspired to deprive Mr. Louima of his civil rights by assaulting him while he was in custody at the 70th Precinct, and violated his civil rights by striking and sexually assaulting him in the station’s bathroom.

Mr. Schwarz, like Mr. Volpe, who pled guilty to six charges against him, including sodomizing Mr. Louima, faces a life sentence without parole.

"While I am disappointed that the verdict was not everything I wanted it to be," Mr. Louima said during a rally at the National Action Network, "I am confident in the end that complete justice will be done in my case. What happened to me should not happen to any human being."

Mr. Schwarz’s attorney, Stephen Worth, was very upset by the verdict, fuming that the jury had convicted the wrong man. "We are not accepting this and I will be filing an appeal," he said.

"This is just a deposit on justice," the Rev. Al Sharpton announced at a rally following the verdict, "there are still some accounts to be paid, and we plan to pursue this until all the payments have been fulfilled."

Mr. Louima was in the hospital for 64 days and had three major operations to repair his ripped rectum and punctured bladder.


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