The defense began today in the re-trial of ex-NYC cop Charles Schwarz, accused of obstruction of justice and civil rights violations for allegedly lying about being in the bathroom with Justin Volpe, the (also former) cop who admitted torturing Haitian immigrant Abner Louima by shoving a broom handle up his rectum at the station house. For more on the history of the case, see our post from last month.

Schwarz has been claiming it wasn't him, but a third cop (whose conviction was also overturned on appeal) who was in the bathroom with Volpe.

So who does Schwarz call as his first witness? Justin Volpe, who pleaded guilty mid-way through his own trial and got a 30 year sentence. He testified for Schwarz and as expected, said it was not Schwarz but the third cop who was in the bathroom.

Then the fireworks. A four hour cross-examination by the prosecutor, who produces a tape that was secretly recorded in prison last month, of Volpe talking to his father after he had been brought back to NY from Minnesota, where he is serving his sentence, for the trial.

Seems Volpe tells dad on the tape he is testifying for Schwarz in hopes of getting Schwarz's lawyers to help him win a sentence reduction. Volpe says, "If I'm not getting my time cut, I want to go back tonight," and that he had a "surprise" in mind for Mr. Schwarz's defense lawyers, "if they think I'm falling on the sword again for nothing." Tape Excerpts.

This was obviously a big blow for Schwarz's defense, compounded by the news that the third cop won't testify at all and will be invoking his 5th Amendment privilege against incrimination.

Volpe didn't look well, he apparently is having a hard time doing time. Couldn't happen to a nicer guy.

[comments now closed]