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#1389: 2nd Disgraced Cop Vows He Will Appeal (fwd)


2nd Disgraced Cop Vows He Will Appeal
By HELEN PETERSON Daily News Staff Writer _______12-14-99

The other police officer convicted in the torture attack on  Abner
Louima has vowed to appeal  and he apparently  has Justin Volpe in his
corner.At Volpe's sentencing yesterday, the disgraced ex-cop came to
Charles Schwarz's defense, saying Schwarz was not in the  bathroom with
him at the time of the attack, and blaming another  cop, Thomas Wiese.
 "At no time was Schwarz in the bathroom with me during the  assault,"
Volpe said in Brooklyn Federal Court. "The officer I was   referring to
was Wiese."
 Brooklyn U.S. Attorney Loretta Lynch discredited Volpe's story,   
saying it was part of a "pattern of lies and deception" designed to   
"make himself look better." Schwarz's attorney, Ronald Fischetti, said
he was undecided whether to call Volpe as a witness in an upcoming
conspiracy trial. In that case, which begins next month, Schwarz, Wiese
and   another cop, Thomas Bruder, are accused of conspiring to  
obstruct justice by telling investigators that Schwarz didn't take   
part in the bathroom attack.  Wiese and Bruder were acquitted in May of
beating Louima in a  patrol car before he was taken to the 70th Precinct
stationhouse. Schwarz also was acquitted of the patrol car beatings, but
he faces  a life sentence after being convicted by a jury of holding
down  Louima while Volpe shoved a broken broomstick into the Haitian   
immigrant's rectum.  Fischetti said Schwarz is not faring well in jail.
He's been held atthe Metropolitan Correctional Center since his
conviction.  "He's not doing well. He's lost a significant amount of
weight. He's  housed in a 6-by-9 [foot] cell 23 hours a day," Fischetti
said.  Schwarz is allowed visits from family once a week, Fischetti
said, and gets one hour of fresh air a week during recreational visits
to the facility's roof.