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Abner Louima

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Abner Louima
Born1966
Thomassin, Haiti

Abner Louima (b. 1966 in Thomassin, Haiti) is a Haitian who was assaulted, brutalized and forcibly sodomized with the handle of a bathroom plunger by New York City police officers after being arrested outside a Brooklyn nightclub in 1997.

Background and incident

Photo of Abner Louima taken after his beating. Used in the criminal trial as Government Exhibit #82.

In 1997, 30-year-old Abner Louima was married, had one child, and had been living in Brooklyn for the previous six years. Although he had trained as an electrical engineer in Haiti, Louima worked as a security guard in a water-and-sewage plant in Flatlands, Brooklyn.[1]

On August 9, 1997, Louima visited Club Rendez-Vous, a popular nightclub in East Flatbush. Late in the night, he and several other men interceded in a fight between two women. The police were called and several officers from the 70th Precinct were dispatched to the scene. There was a confrontation between the police, patrons and bystanders involved in the scuffle outside the club. The responding patrol officers included Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese, among others. In the ensuing scuffle, Volpe was struck by a "sucker-punch" and identified Louima as his assailant. Volpe arrested Louima on charges of disorderly conduct, obstructing government administration, and resisting arrest.

The arresting officers beat Louima with their fists, nightsticks, and hand-held police radios on the ride to the station.[2] On arriving at the station house, he was strip-searched and put in a holding cell. The beating continued later, culminating with Louima being sexually assaulted in a bathroom at the 70th Precinct station house in Brooklyn. Volpe kicked Louima in the testicles, then, while Louima's hands were cuffed behind his back, he first grabbed onto and squeezed his testicles and then sodomized him with a plunger, causing severe internal damage to his colon and bladder that required several operations to repair. According to trial testimony, Volpe then walked through the precinct holding the bloody, excrement-stained instrument in his hand, bragging to a Police Sergeant that he, "took a man down tonight."[3]

Louima's teeth were also badly damaged in the attack by having the plunger handle jammed into his mouth.[4] He testified to the presence of a second officer in the bathroom helping Volpe in the assault but he could not positively identify him. The identity of the second attacker became a point of serious contention during the trial and appeals. Louima also initially claimed that the officers involved in the attack called him a "nigger" and shouted, "This is Giuliani-time" during the beating.[5] Louima later recanted this claim, and the reversal was used by defense lawyers to cast doubt on the entirety of his testimony.[6]

The day after the incident, Louima was taken to the emergency room at Coney Island Hospital. Escorting officers explained away his serious injuries being a result of "abnormal homosexual activities". An emergency room nurse, Magalie Laurent, suspecting the nature of Louima's extreme injuries were not the result of gay sex, notified Louima's family and the Police Department's Internal Affairs Bureau of the likelihood of sexual assault and battery.[2] Louima was hospitalized for two months after the incident.[7]

Public reaction

The incident provoked outrage among the Haitian and other minority communities in New York City, as well as nationally. On August 29, 1997, an estimated 7,000 demonstrators marched on to the New York City Hall and the 70th Precinct station house where the attack took place. The march was dubbed "Day of Outrage Against Police Brutality and Harassment."[8]

The Abner Louima case was mentioned in the 1998 Amnesty International report on the United States of America among several other cases of reported police brutality, torture and abuse.[9] Amnesty International also uses the incident as a case study on a treatise in the campaign against torture.[10]

Mike McAlary, a New York Daily News journalist won the 1998 Pulitzer Prize for distinguished commentary for his exposé of the brutalization of Louima by NYPD officers.[11]

Criminal trials

File:Justin Volpe.jpg
Justin Volpe, after his conviction and incarceration, said he was "sorry"

NYPD officer Justin Volpe initially pleaded not guilty to several counts of violating Louima's civil rights, obstruction of justice, and making false statements to police.[12] Midway through the trial, Volpe changed his plea to guilty, confessing to having sodomized Louima. Despite the fact that Louima had several broken teeth, Volpe denied that he ever struck Louima in the mouth with the stick and claimed that he only put it very close to Louima's mouth. Volpe also admitted that he had threatened Louima's life.[13] On December 13, 1999, Volpe was sentenced to 30 years in prison without the possibility of parole, a $525 fine and restitution in the amount of $277,495.[14][15]

Charles Schwarz was convicted on June 27, 2000 for helping Volpe assault Louima in the bathroom and was sentenced to 15 years in prison.[16] At the time of his conviction, there were numerous questions raised about whether he could receive a fair trial in the highly charged atmosphere.[17] Volpe identified Thomas Wiese, not Schwarz, as the second man in a recorded interview on news show 60 Minutes, a fact not brought up in the trial. The conviction was overturned by the U.S. Court of Appeals for the Second Circuit, which found that Schwarz was denied a fair trial.[18] However, in 2002 he pleaded guilty to a perjury charge for testifying that he did not lead Louima to the bathroom, and was sentenced to five years in prison. His request for leniency was rejected on March 30, 2006. He was released to a halfway house in February 2007 with plans to move to the northern United States to work as a carpenter.[19]

Three other NYPD officers, Thomas Bruder, Michael Bellomo and Thomas Wiese were indicted for their involvement in trying to cover up the assault. On March 9, 2000, Thomas Wiese and Thomas Bruder along with Charles Schwarz were convicted on the charge of conspiracy to obstruct a federal investigation into the assault on Louima, but their conviction was reversed by a federal appeals court in February 2002 on the grounds of insufficient evidence.[20] Michael Bellomo was found not guilty of trying to cover up the beating of Louima and that of another Haitian immigrant by Volpe earlier that evening.[21]

Aftermath

Louima's subsequent civil suit against the city resulted in a settlement of $8.75 million on July 30, 2001, the largest police brutality settlement in New York City history.[22] After legal fees, Louima collected approximately $5.8 million.[23]

In February 2003, Abner Louima visited his family still living in Haiti.[24] There he discussed the setting up of the Abner Louima Foundation, a nonprofit organization with the hopes to raise money to build a community center and much-needed hospital in Haiti. Louima indicated he had plans to use his own money and donations to open community centers in Haiti, New York and Florida for Haitians and others seeking legal, financial or other aid. Louima also paid the school tuition for 14 poor children in Thomassin, a small community where he grew up. During his visit to Haiti, he met with the President of Haiti, Jean-Bertrand Aristide, a former priest who Louima knew from his school days. In a rare interview; Louima said he's convinced he can make a difference in his impoverished homeland, "Maybe God saved my life for a reason, I believe in doing the right thing."[23]

Louima currently resides in Miami Lakes, Florida,[6][25] owning homes in suburban Miami and Port-au-Prince, with several investment properties in Florida.[23]

Louima has since participated in anti-police-brutality protests with Al Sharpton, notably over the shooting death of Sean Bell in 2006, and on August 9, 2007, exactly 10 years after his attack. On the latter date, Louima was honored in New York City by the National Action Network, at the House of Justice, for his courage and perseverance in seeking justice, in addition to his dedication to helping others who have suffered from police brutality.[dead link][26]

See also

References

  1. ^ Herszenhorn, D. (1997.) "Family Describes a Readily Friendly Man". The New York Times, Metropolitan Desk Late Edition - Final. pp. Section B, Page 3, Column 1.; August 13, 1997.
  2. ^ a b Brenner, M. (1997.)"Incident in the 70th Precinct" Vanity Fair, reprinted on MarieBrenner.com. Retrieved December 6, 2006.
  3. ^ Fried, Joseph P., May 20, 1999. "In Surprise, Witness Says Officer Bragged About Louima Torture". The New York Times. Retrieved September 20, 2011.
  4. ^ BBC News. (1999.) "Haitian confronts alleged tormentors". BBC.com. Retrieved December 7, 2006.
  5. ^ Hinojosa, M. (1997.) "NYC officer arrested in alleged sexual attack on suspect". CNN.com. Retrieved December 6, 2006.
  6. ^ a b Dwyer, J. (2002.)"Abner Louima Today" The New York Times, reprinted on Mindfully.org Retrieved December 6, 2006.
  7. ^ The New York Times, August 9, 2007. "The Abner Louima Case, 10 Years Later". The New York Times "The Lede" blog. Retrieved August 9, 2007.
  8. ^ Karl, J. and P. Tyre. (1997.) "Demonstrators in New York protest police brutality". CNN.com. Retrieved December 6, 2006.
  9. ^ Amnesty International. (1998.) "AI Report 1998: United States of America". Amnesty.org. Retrieved December 6, 2006.
  10. ^ Amnesty International. (2000.) "Take a Step to Stamp Out Torture". Amnesty.org. Retrieved December 6, 2006.
  11. ^ The Pulitzer Prizes. (1998.) "The Pulitzer Prize winner, 1998 for Distinguished Commentary". Pulitzer.org. Retrieved December 13, 2006.
  12. ^ Grand Jury, United States District Court, Eastern District of New York. (1998.) "U.S. v. Volpe, et al." Grand jury indictment, reproduced on CourtTV.com. Retrieved December 6, 2006.
  13. ^ CNN News. (1999.) "30-year sentence for N.Y. policeman in torture of black man". CNN.com. Retrieved December 6, 2006.
  14. ^ BBC News. (1999.) "NYPD Officer Jailed for Brutality". BBC.com. Retrieved December 6, 2006.
  15. ^ Draper, Robert. "Say a Prayer for Justin Volpe; This NYC cop is doing 30 years without parole for what he did with a broomstick in a bathroom. Can you see him as more than a monster? His parents hope so". GQ. p. 19. Retrieved 2008-12-11.
  16. ^ BBC News. (1999.) "NYPD Officer Jailed for Brutality" (same source and article title, different content). BBC.com. Retrieved December 6, 2006.
  17. ^ Siegel, N. (2001.) "Why Police Officer Charles Schwarz, Convicted in the Abner Louima Case, Deserves a New Trial". Findlaw.com. Retrieved December 6, 2006.
  18. ^ Hentoff, N. (2002.) "Schwarz: Justice or Technicalities?". The Village Voice. Retrieved December 6, 2006.
  19. ^ Louima Officer Returns to State To Finish Term, The New York Times, 2007-02-04, Retrieved on 2007-03-17.
  20. ^ BBC News. (2002.) "Convictions against NY police reversed". BBC.com. Retrieved December 6, 2006
  21. ^ New York City Counsel, Governmental Affairs Division, Committee on Fire and Criminal Justice Services. (2002.) "Res No. 91A-2002". Retrieved December 6, 2006.
  22. ^ BBC News. (2001.) "New York Pays for Police Brutality". BBC.com. Retrieved December 6, 2006.
  23. ^ a b c James I. (2003.) "Louima turns to Haitian philanthrophy". Associated Press. reprinted in Wehaitians.com Retrieved December 7, 2006.
  24. ^ Wehaitians.com gallery. (2003.) "Abner Louima, from dirt-poor to a great many times a millionaire and ultra-celebrity". Wehaitians.com. Retrieved December 7, 2006.
  25. ^ Greene, Leonard and Stefanie Cohen. (2007). "Louima's Haunted High Life Ten Years Later". The New York Post. Retrieved July 30, 2007.
  26. ^ Associated Press. (2007). "Louima remembers New York police torture case on 10th anniversary". "Abner Louima and Rev. Al Sharpton to commemorate the tenth anniversary of Louima's Attack". National Action Network. Retrieved August 9, 2007.

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