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U.S. Second Court of Appeals Overturns Conviction of Three Former N.Y. Police Officers Involved in Louima Case

Aired February 28, 2002 - 10:51   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.
DARYN KAGAN, CNN ANCHOR: The U.S. second court of appeals has overturned the conviction of three of the former New York police officers involved in the Abner Louima sodomizing case. We have on the phone with us right now Sanford Rubenstein. He is Abner Louima's attorney. And we'd would like reaction from you, Mr. Rubenstein.

SANFORD RUBENSTEIN, LOUIMA ATTORNEY: Well, first of all, this has two parts. Apparently, what has happened is the circuit court overturned the civil right conviction of police officer Wiese, and that will be a new trial, and Abner Louima will totally cooperate with the federal authorities with regards to their efforts in a new trial.

It also appears that the conviction of three police officers for conspiracy to obstruct justice was also overturned. It's not clear if they offered a new trial to (UNINTELLIGIBLE) that conviction, or dismissed it entirely.

KAGAN: And why do you think it's split like that?

RUBENSTEIN: Well, there were two separate convictions, one for the assault, and the civil right's violation, and one for conspiracy to obstruct justice.

KAGAN: And just help us in understanding this case. The three officers on the second part of that, do they -- were they convicted on any other charges?

RUBENSTEIN: One of them was officer Wiese, who was convicted on the civil right violation.

KAGAN: So he will have new trial.

RUBENSTEIN: On the civil rights violation, that is clear. However, it's not clear, and I have to read the decision, because I haven't seen it yet, with regard to the disposition of the conspiracy to obstruct justice conviction of the three police officers, one of whom was officer Wiese.

KAGAN: Certainly, I'm sure you read the arguments by their attorneys why they were fighting this, and what the appeal was based on. Can you tell us what that was? RUBENSTEIN: I haven't actually seen the decision. Apparently, there were issues involved with regard to effective counsel and issues involved with regard to pretrial publicity that the circuit court of appeals ruled on in making their decision.

KAGAN: Are you disappointed by this overturn?

RUBENSTEIN: The process of justice moves on. And if this is what the court of appeals rules, then so be it, and there will be a new trial with regard to the civil rights violation that officer Wiese was initially convicted. and Abner Louima will totally cooperate with the federal authorities in prosecuting that case again.

KAGAN: All right, Sanford Rubenstein, thanks for joining us by phone, Abner Louima's attorney. Appreciate it. Once again, the second circuit court of appeals in New York has overturned the convictions of three of the officers in the Abner Louima case.

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