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12070: Prosecutors Accused in Louima Case (fwd)




From: leonie hermantin <lhermantin@hotmail.com>

Prosecutors Accused in Louima Case

By TOM HAYS
Associated Press Writer
Posted May 16 2002, 11:15 PM EDT

NEW YORK -- Lawyers for a former police officer accused of civil rights
violations in the Abner Louima torture case charged Thursday that
prosecutors withheld crucial evidence from them.

A motion filed in federal court by Charles Schwarz's lawyers said
prosecutors failed to turn over a statement made to the FBI by Jean-Claude
Laurent, a friend who counseled Louima.

In that statement, Laurent said Louima told him that four police officers --
not two -- assaulted him in a precinct bathroom in 1997. Louima, a Haitian
immigrant, testified at two trials that only two officers were in the
bathroom.

In a more recent interview with prosecutors, Laurent said he did not recall
telling the FBI that four officers were in the bathroom, according to a
government motion.

The motion Thursday argued that Laurent's statement to the FBI could have
been used to attack Louima's credibility at the first trial, where Schwarz
was convicted.

"There can be no justifiable reason why the 1997 Laurent interview was not
disclosed prior to or during the first trial, and the conclusion the
government acted in bad faith is irresistible," the motion said.

A call to U.S. Attorney Alan Vinegrad was not returned Thursday. A hearing
on the motion was scheduled for Friday.

One officer, Justin Volpe, admitted he attacked Louima and sodomized him
with a broken broomstick and was sentenced to 30 years in prison.

A jury convicted Schwarz of violating Louima's civil rights by holding him
down during the assault. Two other former police officers were found guilty
of obstruction.

A federal appeals court in February overturned all three officers'
convictions but ordered a new trial only for Schwarz.


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