Wiese and Bruder, he said, "understand it would be difficult to return to the NYPD, but they just wanted to be treated fairly." [...] Bruder and Wiese were convicted in 2000 of obstruction of justice in perhaps the most notorious brutality case in the department's history. [...] The obstruction charges against Wiese and Bruder involved statements claiming that Schwarz did not participate in the bathroom assault. A federal appeals court overturned their convictions on Feb. 28, 2002, ruling that their statements did not adversely affect the sitting grand jury.
"It is critical to note that petitioners were not found guilty of any of the violence perpetrated upon Mr. Louima in the station house bathroom," the motion reads. "Nor were petitioners ever charged with taking any part in that bathroom attack."
My. Just when you think this case might have finally breathed its last, it heaves itself up from the deeps again.
I have to admit, I've never understood the grounds for overturning the obstruction charges. Surely the fact that the obstruction didn't succeed is technically irrelevant to the fact that it was attempted; they were charged with lying to a grand jury, not with successfully lying to a grand jury.
It will be interesting to see what the NYPD is willing to do to make this case go away. I can't imagine that they want anyone associated with the Louima case to be on the force. It'll also be interesting to see if they find a judge "sympathetic to their plight". Surely a judge will point out that they lied under oath; surely this will have some bearing on whether or not they could become police officers in good standing. Their convictions were overturned not because they were determined not to have lied, but because their lies turned out to be irrelevant.
Posted by iain at March 17, 2004 04:39 PM
