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NEW YORK

Abner Louima testifies on 1997 police torture

By Greg Butterfield

New York

With great courage and dignity, Haitian immigrant Abner Louima took the witness stand in federal court in Brooklyn May 6 to testify against four white cops who beat him and later tortured and raped him in the bathroom of a Brooklyn police station in August 1997.

The four cops--Officers Justin Volpe, Charles Schwarz, Thomas Wiese and Thomas Bruder--are charged with violating Louima's civil rights. A fifth cop, Sgt. Michael Bellomo, is charged with covering up the attack.

All five pleaded not guilty.

As supporters packed the courtroom, Louima described the brutal assault of Aug. 9, 1997, which left him "in a battle between life and death."

Louima described how Volpe beat him outside Club Rendez-Vous, a popular Haitian dance club in the mostly Black and immigrant Flatbush section of Brooklyn. Louima was thrown to the ground in front of eyewitnesses, handcuffed, and stuffed into a police car where he was beaten.

Louima testified that when they reached the 70th Precinct, the cops dragged him into the bathroom. As he lay in pain from a kick to the groin, Louima said, Volpe rammed a broken broom handle into his rectum. Volpe then jammed the bloodied and feces-covered stick down Louima's throat, smashing his teeth. Schwarz held him down.

Louima screamed during the torture. But no one in the precinct tried to help him.

The cops warned Louima that if he told anyone what happened they would kill him and his family. They held him for hours without any medical treatment. They also planned to charge Louima with assault, until the public outcry forced them to drop the idea.

The attack tore Louima's rectum and bladder and damaged his spleen. He was hospitalized for two months and required three operations.

Although he is recovering, Louima testified, he is still unable to work.

"I want them to pay for all the pain and suffering they have caused me," the immigrant worker said.

Louima's torture sparked massive demonstrations and outrage in New York and Haiti in the summer of 1997. The case brought worldwide attention to the rampant police brutality under Mayor Rudolph Giuliani's regime.

These protests forced the U.S. Justice Department to take over the case and bring it to federal court. The Haitian community knew there would be no justice in a Giuliani courtroom.

Still, it's taken almost two years for the police to be brought to trial.

That's typical in police brutality cases. The courts and the whole legal system--in collusion with the major corporate media--bend over backward to protect the cops and give them every opportunity to fabricate a defense. Often they have unlimited opportunities to intimidate witness, destroy evidence, and float wild stories designed to discredit the victims.

This is another, deeper layer of that infamous "blue wall of silence" surrounding police brutality.

Clearly, the cops and their lawyers have tried to take full advantage of the legal system's bias.

In April--shortly after the slaying of another Black immigrant, Amadou Diallo, by four white cops in the Bronx--the officers' lawyers argued the Louima trial should be delayed "at least six months" until the anti-police-brutality climate in the city had changed. They also asked the judge to move the trial outside the city.

Although Judge Eugene Nickerson denied these appeals, the jury selection process stretched out for five weeks. The result: a jury of eight white people, three Latinos and just one African American--in a city that is over 60 percent people of color.

The jury's composition clearly fits into the cops' plan.

Marvyn Kornberg is Volpe's lawyer. Kornberg makes his living defending killer cops, racists and gay bashers. Kornberg, a hired gun for the police, is notorious for his viciously racist arguments in court cases.

In his opening statement in the Louima trial, Kornberg claimed his client was innocent and that Louima's story was "fabricated" in collusion with civil-rights leader the Rev. Al Sharpton.

Kornberg would never be able to get away with that kind of racist claim before a largely Black and Latino jury.

Defense lawyers immediately tried to put Louima on trial. They attacked minor inconsistencies in his testimony--the testimony of a person who was tortured, handcuffed to a hospital bed for days and fighting for his life on heavy medications.

They also attacked Louima for filing a civil lawsuit against the city seeking monetary damages. Often this is the only way police-brutality victims can get any sliver of justice through the courts.

Gay groups protest

Kornberg is set to argue that Louima's injuries were a result of consensual sex--a blatantly homophobic argument that lesbian, gay, bi and trans organizations have protested.

The New York Gay and Lesbian Anti-Violence Project and other groups held a May 6 protest and news conference outside the court to denounce Kornberg's anti-gay defense tactics.

Kornberg used a similar strategy in the Julio Rivera murder trial in 1991, said AVP Executive Director Richard Haymes. Rivera was a gay man killed by bigots in Queens.

"In that case as in this one, Kornberg put the victim on trial. He indicated that Julio's own behavior brought about his death and described a gay lifestyle that was far beyond reason and reality.

"Clearly, Volpe is desperate and has nothing else to offer except this reprehensible defense," said Haymes.

Clarence Patton of AVP said: "Thankfully, Abner Louima is still living to defend himself against this egregious strategy. This is a clear effort on the part of Volpe and Kornberg to prejudice the jury by making them react to vile fantasy."

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