Louima police conspiracy trial nears end

Louima was beaten and sodomized in a New York City police precinct bathroom in 1997

February 29, 2000
Web posted at: 7:27 p.m. EST (0027 GMT)

In this story: Defense: Case of mistaken identity Overly zealous or desperate? RELATED STORIES, SITES

NEW YORK (CNN) --Jury deliberations are expected to begin Wednesday in the trial of three New York City police officers accused of covering up the role played by one of the officers on the night Abner Louima was sodomized in a police station house.

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When closing arguments resumed Tuesday, prosecutors said more than 50 phone calls, combined with contradictory statements made by officers Charles Schwarz, Thomas Wiese, and Thomas Bruder, show the officers conspired to obstruct justice by trying to create an alibi for Schwarz.

Schwarz was convicted last year of holding Louima down as fellow officer Justin Volpe rammed a broom stick up Louima's rectum.

Schwarz has maintained that he was never in the bathroom. There are no eyewitnesses who saw him there during the assault.

Schwarz's lawyer, Ronald Fischetti, on Tuesday tried to discredit prosecution witnesses, including the victim, Louima.

Fischetti pointed to errors and misstatements throughout Louima's testimony.

"Abner Louima was a victim of a brutal assault," Fischetti told the jury, "but can you make my client a victim, too? Can you convict my client beyond a reasonable doubt?"

Louima was arrested in February 1997 during a nightclub brawl. Ex-officer Volpe, now serving 30 years for assault and civil rights violations, admitted he attacked Louima to "teach him a lesson," thinking Louima was the one who had punched him in the head during the nightclub melee.

Defense attorneys argue it is a case of mistaken identity and timing.

Louima has always maintained there was a second officer in the bathroom that night -- a man he believed to be the driver of the squad car that brought Louima to the 70th Precinct station house.

Louima was shown a picture of Schwarz, driver of the squad car but not one of his partner Wiese.

Wiese, who has a similar build as Schwarz, testified he walked into the bathroom, but only after the assault took place.

During rebuttal, Chief Assistant U.S. Attorney Alan Vinegard accused Wiese of making up his story, saying he had gotten too many details wrong and was lying to "get Charles Schwarz out of that bathroom."

Calling defense attorneys "desperate" for calling Volpe to the stand, Vinegard slammed Volpe's testimony that no one but Volpe touched Louima in the bathroom that night.

"He's still lying," Vinegard said. "Justin Volpe may not have much to gain, but with 30 years in jail he doesn't have much to lose. He's doing this to help himself to try and get a lower sentence for what he did."

Fischetti accused the government of being overly zealous in its effort to arrest a second officer, adding that in the case of Schwarz, "They got the wrong guy."

Schwarz, an eight-year NYPD veteran, is awaiting sentencing and plans to appeal the verdict from the first trial.

Reporter Deborah Feyerick contributed to this report.

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