Behind the BLUE WALL...life of a NY cop
30 Years for Volpe
Ex-cop could have gotten life

(Reprinted from NY Daily News)

Despite a tearful, emotional apology, disgraced ex-cop Justin Volpe was sentenced yesterday to 30 years behind bars for the sodomy torture of Haitian immigrant Abner Louima, a crime that became a shocking symbol of police brutality.

Volpe, 27, escaped the maximum sentence of life imprisonment without parole, but could not evade the scorn and anger from many in the Brooklyn Federal courtroom.

"Short of intentional murder, one cannot imagine a more barbarous misuse of power than Volpe's," said Brooklyn Federal Judge Eugene Nickerson.

Volpe's crime incited racial tensions, and prompted federal investigations of whether the Police Department had any pattern of racial bias. Yesterday's sentencing brought one of the city's most regrettable episodes to a climax.

The tense, emotional 2 1/2-hour proceeding began with Volpe's lawyers, who argued for leniency.

Louima soon followed, blasting Volpe for telling a series of lies, and taking great offense that Volpe "forgives" Louima for what happened in the street.

"That is an insult. I absolutely did nothing in the street for which I should be forgiven," said Louima, dressed in a navy blue suit with a Haitian flag pin on his lapel.

Louima also knocked Volpe for telling the federal Probation Department that Louima cursed and taunted him in the bathroom.

"By this despicable falsehood, defendant Volpe would have you believe that I provoked him into torturing me with that stick," he added.

Speaking of the terrible toll the attack took on him and his family, Louima recalled his long hospitalization and said his wife, who was two months pregnant at the time of the attack, lost the baby and suffered two subsequent miscarriages as well.

"Sometimes I ask God, 'Why me?' and why He let me live, but when I look at my family, my kids, my wife and all my friends and supporters, that gives me courage," he said.

After Patrick Antoine, another victim beaten by Volpe, made a brief statement, the floor was given to Volpe, dressed in blue prison garb and looking thin and wan.

"What I did not only hurt Abner Louima and his family, but conjured up the worst fears in people," Volpe said.

Solemn and without the swagger he sometimes displayed during the trial, Volpe leaned heavily on a wooden podium as he read from a statement that was several pages long.

Taking a few deep breaths, he started off by saying he didn't know if the word sorry would mean anything coming from him, but said it was something he feels every day.

He apologized to Louima and his family, as well as to Antoine, whom he struck and falsely arrested that morning.

"I should have helped Abner Louima to be safe after his arrest. I failed to do that. I betrayed Abner Louima's rights, I betrayed the city's confidence in police officers, I betrayed myself and my partners, and I betrayed my lawyer," Volpe said.

"I was and still am ashamed and deeply regretful for what I did," he added, choking back tears.

Volpe looked at Judge Eugene Nickerson, then said he wondered if he would be carried out of prison in a coffin, remembered only for his terrible deed.

Yet Volpe said he also feels a "sense of peace and understanding" for confessing his "sin."

He even said he hopes to have a family of his own someday, but added: "I must and I will pay for my crime."

When he was finished, Assistant U.S. Attorney Alan Vinegrad took his turn, arguing that Volpe deserved life behind bars.

He called Volpe "a man who single-handedly ... has done more to unfairly tarnish the image and the reputation of the New York City Police Department than probably any other police officer in this city's history."

Nickerson then delivered the sentence, giving Volpe less than the maximum life sentence. He could be out of prison in roughly 25 years if he behaves well in federal prison.

The judge also ordered Volpe to pay Louima restitution of $277,495 and to pay restitution to Antoine of $3,550 — all to be paid at a rate of $25 a month each. He didn't say how he arrived at the figures, though he did say he had to impose restitution as a matter of law, but knows Volpe is unable to pay it.

As the sentencing was read, Volpe sat blankly, then buried his face in his hands. He is expected to be sent to a maximum-security prison to serve out his sentence.

Louima said he hopes the sentence sends "a clear message that no one is above the law."

Volpe's attorney, Marvyn Kornberg, vowed to appeal the sentence.

Excerpts

"Volpe says that he forgives me for what happened in the street. That is an insult. I did absolutely nothing in the street for which I should be forgiven. ... Volpe would have you believe that I provoked him into torturing me with that stick. I never cursed him in that bathroom. I never taunted him in that bathroom. All I did was scream from the unbearable pain."

Abner Louima

"I betrayed Abner Louima's rights, I betrayed the city's confidence in police officers, I betrayed myself and my partners and I betrayed my lawyer. ... I will go into prison 27 years old and come out in a coffin, only to be remembered by my terrible deed. This to me is a fate far worse than death. ... I want Your Honor to know I am extremely sorry."

Justin Volpe

2nd Disgraced Cop
Vows He Will Appeal

The other police officer convicted in the torture attack on Abner Louima has vowed to appeal — and he apparently has Justin Volpe in his corner.

At Volpe's sentencing yesterday, the disgraced ex-cop came to Charles Schwarz's defense, saying Schwarz was not in the bathroom with him at the time of the attack, and blaming another cop, Thomas Wiese.

"At no time was Schwarz in the bathroom with me during the assault," Volpe said in Brooklyn Federal Court. "The officer I was referring to was Wiese."

Brooklyn U.S. Attorney Loretta Lynch discredited Volpe's story, saying it was part of a "pattern of lies and deception" designed to "make himself look better."

Schwarz's attorney, Ronald Fischetti, said he was undecided whether to call Volpe as a witness in an upcoming conspiracy trial.

In that case, which begins next month, Schwarz, Wiese and another cop, Thomas Bruder, are accused of conspiring to obstruct justice by telling investigators that Schwarz didn't take part in the bathroom attack.

Wiese and Bruder were acquitted in May of beating Louima in a patrol car before he was taken to the 70th Precinct stationhouse.

Schwarz also was acquitted of the patrol car beatings, but he faces a life sentence after being convicted by a jury of holding down Louima while Volpe shoved a broken broomstick into the Haitian immigrant's rectum.

Fischetti said Schwarz is not faring well in jail. He's been held at the Metropolitan Correctional Center since his conviction.

"He's not doing well. He's lost a significant amount of weight. He's housed in a 6-by-9 [foot] cell 23 hours a day," Fischetti said.

Schwarz is allowed visits from family once a week, Fischetti said, and gets one hour of fresh air a week during recreational visits to the facility's roof.