NEW YORKSeveral weeks after the clamor surrounding the Abner Louima torture trial has subsided, a new tremor of expectations emerged recently when two more officers were indicted for their involvement in the notorious case. Judge Eugene Nickersons Federal District Court room in Brooklyn was packed again with spectators June 22, most of them there to support officers Rolando Aleman and Francisco Rosario, who were formally indicted and accused of repeatedly lying to F.B.I. agents when questioned about the police torture of Abner Louima. According to federal prosecutors, the officers conspired to make false statements about what they witnessed at the 70th Precinct that fateful day in August 1997 when Mr. Louima was brutally attacked. Two officers were convicted in the explosive case with one of them, Justin Volpe, admitting his guilt mid-way through the six-week long trial. The jury convicted Officer Charles Schwarz for his role in assisting Mr. Volpe. Mr. Schwarz officers Thomas Wiese and Thomas Bruder, both of whom were acquitted of beating Mr. Louima, will be tried for obstructing justice, and like officers Aleman and Rosario are scheduled for trials later this year. "What you have to understand, however, is that these are two separate cases," said Assistant U.S. Attorney Kenneth Thompson. "Motions will be filed in both cases sometime in August by their attorneys, and then separate trial dates will be established." Attorney Thompson said he wouldnt be surprised if there were motions for a change of venue by anyone of the officers. And the possibility of a bench trial? "There is a distinct difference between how the state and federal government operates on this matter," he explained. "Under state law everyone has a right to a bench trial, but that is not the situation under federal guidelines. Thats why Francis Livoti (tried for the murder of Anthony Baez) opted for a bench trial. In a federal case, the prosecutors have to agree on whether or not such a trial will be granted." Meanwhile, Mr. Schwarz is seeking a new trial on the grounds that prosecutors failed to turn over evidence which would have shown that he played no role in the torture of Mr. Louima. Following his admission of guilt and after the trial was over, Mr.Volpe indicated that Mr. Schwarz was not the officer who was with him in the bathroom when he sodomized Mr. Louima. This information did not surface during the trial, but three jurors have now told the press they would have acquitted Mr. Schwarz had they known what they know now. When and to what extent the prosecution possessed the information is the source of continuing dispute with the prosecution contending that Mr. Volpes lawyer had intimated such information as part of plea bargaining, which was unacceptable. Mr. Volpes lawyer, Marvyn Kornberg, told the press June 24 that he fully informed Mr. Schwarzs lawyer, Stephen Worth, of his clients willingness to exonerate Mr. Schwarz, but Mr. Worth refused to call Mr. Volpe as a witness. Mr. Worth said that Mr. Volpe would have been worthless as a witness because he was "an admitted sex torturer." Legal experts believe Mr. Schwarz will not be granted a new trial since judges rarely submit to such requests based on expressed doubts or the remorse of jurors. |
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