a1010: Louima redux (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Miami HErald Editorial


Posted on Fri, Mar. 01, 2002

Louima redux
A ruling on narrow grounds

Yesterday's decision by a federal court clearing two police officers and
ordering a third to be retried for the 1997 beating of Haitian immigrant
Abner Louima was disappointing. However, the decision wasn't a repudiation
of the basic premise of the case: that Mr. Louima suffered horrible abuse at
the hands of New York City police officers, a fact verified by convictions
that still stand and that are publicly acknowledged by former Mayor Rudy
Giuliani.

Thus, attempts to characterize the appellate court's decision as a
miscarriage of justice on the one hand, or a vindication on the other, serve
only to fuel high emotions associated with the case. The court's ruling
focused narrowly on two issues.

First, the court said that the attorney for former officer Charles Schwarz
had a conflict of interest that prevented him from fairly defending his
client. While representing Schwarz, the lawyer also represented the
Patrolmen's Benevolent Association, a conflict that caused him not to pursue
evidence that pointed clearly to another officer's involvement in the
torture, the court said. As a result, Schwarz will be retried.

The court also noted, and appropriately so, that the charges against
Schwarz, Thomas Wiese and Thomas Bruder for covering up the abuse was based
on false information provided by Bruder. Prosecutors now must determine if
new charges will be filed against Wiese and Bruder, who were each given
five-year sentences.

Those who see wrong in the court's judgment should take a cue from Mr.
Louima who, when asked for his thoughts on the appellate decision, politely
declined. ''Abner really wants to go on and live his life as a private
citizen,'' his lawyer said. A victim once, Mr. Louima is determined not to
be twice victimized by seeking a last measure of vengeance.



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