
The Louima case and half-measures of justice
by Hugh B. Price
�Guest Columnist�
(FinalCall.com) -- On Sept. 20, a New York Times news
story told of a remarkable pattern seen in the sifting of potential
jurors for the last federal trial stemming from the sensational case of
the savage sexual assault of Abner Louima by New York City police
officers in a precinct station bathroom in 1997.
The Times story said that a noticeable "racial divide in
perceptions about the case" was evident between Black and White
potential jurors. Generally, the White jurors had only very hazy
recollections of the details of the case; but Blacks remembered even
relatively minor details clearly.
"Many of the Blacks described Mr. Louima�s ordeal as they would a
cultural touchstone," the Times report noted, "like the case of
the Scottsboro boys or the Birmingham church bombing."
In one sense, the jury questioning was for naught, because Charles
Schwarz, the former officer federal prosecutors said helped in the
attack, struck a deal that cancelled perjury and civil rights violation
charges against him in exchange for a five-year sentence for a prior
perjury conviction in the case�and the unusual stipulation that he
cannot proclaim he is innocent during the duration of his sentence.
Yet, the "racial divide" about this case the jury questioning
uncovered reveals something very important about the workings of history
and justice.
Five years ago the unspeakably brutal assault Louima endured ushered
in an intense period of highlighting and challenging police misconduct,
especially against people of color, in New York City and other
communities and states.
The officer who attacked Louima, Justin Volpe, pled guilty to the
crime in 1999 and was sentenced to 30 years in prison.
The recent Schwarz plea bargain means that the legal system�s effort
to punish all of the criminals on the New York City police force
responsible for that heinous act concluded with what can best be
described as only a half measure of justice.
Federal prosecutors had tried through three trials since 1999 to
prove that Schwarz was the officer who pinned Louima to the bathroom
floor for Volpe, but federal juries could never agree on that (a jury in
2000 did convict Schwarz of perjuring himself when he said under oath
that he had not escorted Louima away from the precinct�s front desk
toward the bathroom the night of the attack).
It appears that the plea arrangement was the best that could be hoped
for, even though it means that the identity of the police officer who
directly aided Volpe that awful night will remain, for the time being,
unanswered.
It means several other things as well.
One is that, although the assault was committed in the midst of a
busy police precinct, most likely witnessed by several other police
officers, and its details were soon known to numerous other police
officers who were in the station house that night, some number of police
officers are still standing behind the "blue wall of silence,"
disgracing themselves and their uniforms and the city they have sworn to
protect and serve.
This is particularly bitter for many Black Americans, and
Haitian-Americans, of whom Louima is one, because the Louima case�coming
before police racial profiling of people of color became an explosive
national issue�crystallized Black Americans� justifiable skepticism,
borne of long experience, that the criminal justice system can be
depended upon to protect them not only from criminals, but from
arbitrary and unjust behavior by police, too.
But there is also another way to look at the half-measure of justice
produced by the legal conclusion of the Louima case.
It is to believed that the search for justice in this case�that is to
say, the search to understand and not forget its more profound
meanings�will go on.
It is to believe that, in fact, the limitations of the legal system
in this case underscore the historical role of two other forces: One is
persistence. The other is persistence of memory.
The importance of persistence was evident in the refusal of federal
prosecutors to succumb to the disingenuous "advice" of some that the
public was "weary" of the case and that they should give up their
efforts against Schwarz. The "Times�� story starkly shows that
many Blacks (and some Whites, too) are not, and will never be, weary of
pursuing justice.
And the importance of persistence was evident in the final statement
of Abner Louima himself.
He said: "This is not the way I wanted this to end. But � fighting
the good fight established the principal that what has happened to me
will not be tolerated and will never happen to my children or anyone
else�s children."
These words, even as Louima ended by saying now it was time for
himself and other people to get on with their lives, underscored the
second force�the persistence of memory.
Yes, of course, we will get on with our lives, as we have while the
various trials of this case have come and gone.
But there will be no forgetting what happened. And there will be no
forgetting what remains to be done so that Louima�s hope for "my
children or anyone else�s children" can become a reality.
(Hugh B. Price is president of the National Urban League.)
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