dictionary

Ex-officer in N.Y. police torture case released on $1 million bail

Charles Schwarz faces a new trial on civil rights charges in June.

NEW YORK (CNN) -- A federal court Thursday released Charles Schwarz, one of three New York police officers whose convictions in the Abner Louima beating were overturned last week.

"Today is a great day. I've been waiting for this day for 33 months," Schwarz said as he left the courthouse on $1 million bail. He had been in jail nearly three years.

U.S. District Judge Reena Raggi said Schwarz, 36, could use the equity in his mother's Staten Island home, worth about $380,000, as security.

In 1999, a jury found Schwarz guilty of violating the Haitian immigrant's civil rights by pinning him down while another officer sodomized him with a broken broomstick. A year later, a second jury convicted Schwarz, Thomas Bruder and Thomas Wiese of conspiring to obstruct a grand jury investigation of the 1997 attack.

The 2nd U.S. Court of Appeals last Thursday overturned the convictions of the three. A new trial for Schwarz on the civil rights charges was set for June 24.

RESOURCES Opinion: U.S. v. Schwarz  (FindLaw document)     LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

He had been serving a prison term of 15 years and eight months. As part of his sentence, he also was ordered to pay Louima $277,495 in restitution.

Schwarz's attorney, Ronald Fischetti, was with his client as he faced the media.

"Chuck's home. That's all we wanted," Fischetti said. "They're going to try him again, and we'll be ready," Fischetti said.

Earlier Thursday, before Raggi's ruling, Fischetti said, "It's hard for him to process it, to realize he's really coming home."

"He's been in solitary now for about 28 months of the 33 months that he was there. As he told me, 'It really does something to you.'"

Louima, at a news conference Thursday near Miami, Florida, said he was unhappy with the appeals court decision.

"I want to express my disappointment," Louima said. "Always I believe in our system of justice. ... I had hoped after all these years I would have been able to go on with my life. Unfortunately that is not the case."

Abner Louima, left background, spoke out with Rev. Al Sharpton on Thursday.

Before granting Schwarz's release, Raggi warned his wife and mother that if the former policemen doesn't follow the terms of his release, she will order the mother's house and other possessions confiscated until the entire $1 million amount is satisfied.

When asked in court if he understood the release terms, Schwarz said he did.

Among other terms of the release, the judge ordered Schwarz to have no contact with Thomas Bruder and Thomas Wiese or any possible witnesses in the case, and to refrain from traveling outside New York's five boroughs.

After his wife indicated the couple had talked about moving to New Jersey, the judge said she might consider that later. Raggi also prohibited Schwarz from vacationing with his wife in New England.

In overturning the convictions of the three former officers last Thursday, the appeals court found that the jury was "improperly exposed" to outside information during its deliberations and that Schwarz's lawyer had a conflict of interest.

The ruling did not affect the conviction of the chief attacker, Justin Volpe, 29, who pleaded guilty in 1999 to violating Louima's civil rights and was sentenced to 30 years in prison. Volpe's conviction was upheld previously by the court. Volpe has said that Schwarz was not involved in the incident.