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CNN Live At Daybreak

Schwarz Freed To Await New Trial In New York Brutality Case

Aired March 08, 2002 - 05:18   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: A former New York police officer convicted in one of the, one of New York City's worst police brutality cases is a free man, at least for now. Charles Schwarz is out on bail.

CNN's Deborah Feyerick tells us why.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): No shackles, no guards, no prison cell. Charles Schwarz free on $1 million bail.

CHARLES SCHWARZ, FORMER NEW YORK CITY POLICE OFFICER: It's hard to explain. But how I feel, it's just so overwhelming right now and, you know, it's just, it's just a great day.

UNIDENTIFIED PROTESTERS: No justice!

UNIDENTIFIED PROTESTERS: No peace!

FEYERICK: The protesters, very few but very loud, a far cry from the police brutality rallies that rocked New York City in the late '90s, years before anyone imagined Officer Schwarz would be getting a new trial. Last week, an appeals court overturned his conviction, saying Schwarz's lawyer at the time, also representing the police union, had a conflict of interest and should never have represented Schwarz during the torture trial of Abner Louima.

ABNER LOUIMA, POLICE TORTURE VICTIM: I had hoped after all these years I would have been able to go on with my life. Unfortunately, that is not the case. I will fully cooperate with the prosecutors, federal and state, in any future criminal prosecution regarding what happened to me.

FEYERICK: Louima was brutally sodomized with a broomstick by this police officer inside Brooklyn's 70th Precinct station house. Prosecutors saying Schwarz held Louima down, Schwarz saying he was nowhere near Louima when the assault took place. To guarantee the $1 million bond, Schwarz's mom put up her home. The judge advising if Schwarz violates any of the bail conditions, the house will be confiscated.

ESTELLE SCHWARZ, MOTHER OF CHARLES SCHWARZ: It was great seeing him. It was great seeing him there in a suit, not in an orange jumpsuit.

FEYERICK: Schwarz is not under house arrest, but he must stay in New York City.

(on camera): Prosecutors wanted Schwarz, his wife and the entire family put under a gag order specifically so they wouldn't go around proclaiming Schwarz's innocence or talking about the credibility of the witnesses expected to testify. The judge said the law allows Schwarz to deny the charges and give a brief description of his defense. The trial is being fast tracked and is expected to start June 24.

Deborah Feyerick, CNN, Brooklyn, New York.

(END VIDEOTAPE)

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