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Vested Interests

Closing arguments are today in the Louima re-trial of former NYC cop Charles Schwarz, accused of perjury and conspiracy to violate Abner Louima's civil rights. The main issue: Was he the cop in the bathroom with Justin Volpe when Volpe savagely sodomized Louima. We've been following the case all along, see Justin Volpe's Bad Hair Day and Abner Louima/Charles Schwarz, Round 2.

So has William Glaberson of the New York Times. Check out his article today, Defense Lawyer's Obsession About to Be Tested on Ron Fischetti, the highly esteemed (justly so in our opinion) defense lawyer representing Schwarz. Fischetti is obsessed with the case and with Schwarz' innocence. It's a good read, and it's not a "puff piece."

Fishcetti acknowledges what happens when the lawyer gets too close to the client--as he admittedly has done with Schwarz--in his case, he wakes up at 2 am dictating portions of his closing, can't talk to friends or colleages about anything else, and in essence, lives and breathes the case 24/7. When the second trial ended in a guilty verdict against Schwarz in 2000, Fischetti blamed himself for misreading the jury during the trial.

If only it were Fischetti on trial instead of Schwarz. We'd acquit in a minute. It's just too much to ask us to be symathetic towards his client. Two juries have convicted him, one after hearing his side of the story. Both convictions were overturned on what the public calls "technical grounds" unrelated to factual innocence. It is impossible to get away from the finger pointing, excuses, lies and half-truths told by almost every cop in this case. The most we can say is probably no one will ever know what really went on in that bathroom.

Fischetti has done a great job of portraying Schwarz as the victim in the media. Sorry, but we still think Abner Louima is the victim here. He's suffered through the attack, the humiliating publicity, endless trial preparation first for the criminal cases and then his own civil action against the City and Police (which finally settled) and now this trial. See Jim Dwyer's excellent NYTimes article "No Way Out" describing Louima's life these past five years.

We can't say who is telling the truth about which cop it was who led Louima to the bathroom to be subjected to Volpe's torture or whether that cop physically restrained Louima during Volpe's attack. Or why, if that cop wasn't helping Volpe, he didn't try and stop the attack.

We can say that everyone has a vested interest here. Schwarz so he doesn't go back to jail; Volpe who is hoping for a sentence reduction for testifying for Schwarz if Schwarz is exonerated; Cop #3 (Wiese) who refused to testify at this trial because he's afraid of being charged with perjury whichever way the verdict goes; and Fishcetti, who has gotten so close to his client that if he loses, he'd probably give up his right arm if it would spare his client going back to jail.

Everyone, that is, except Abner Louma. He has no vested interest because for him, the legal ramifications are over. He is simply seeking justice.

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