dictionary

Transcript: Abner Louima attorney press conference

Sanford Rubenstein

(CNN) -- The U.S. Second Court of Appeals Thursday overturned the conviction of three of thefour former New York police officers sentenced in two trials stemming from the1997 beating and sodomizing of Haitian immigrant Abner Louima. Sanford Rubenstein, Louima's attorney, spoke to the media after the decision was announced:

RUBENSTEIN: Mr. Louima is fully willing to cooperate, again, with the federal prosecutors, as he has in the past. He is attempting to live his life as a private citizen. He has suffered as a victim perhaps the worst case of police abuse and police brutality in the history of this country, and he wants to live his life like any of us would want to live their lives, without any further interference -- without any further need to comment to the press, so he will not be commenting to the press.

I'll take questions.

QUESTION: Do you know what his thoughts are on this?

RUBENSTEIN: He has indicated that he does not wish to comment with regard to this. He has confidence in the system of justice that we have, and that he abides by as a citizen, and will cooperate with the federal authorities with regards to a new trial.

QUESTION: Now basically the evidence they are talking about is these phone records that link these three police officers together to (UNINTELLIGIBLE), that was the basis of convicting him in thefirst place. What do you think about that...

RUBENSTEIN: Well, apparently, I have not read the decision, so I really don't know the specifics that the circuit court of appeals relied on, but the indications are was they ruled there was insufficient evidence, and the court of appeals is a determiner of errors of law, with regard to a trial on the trial level, and they have ruled, so the case is effectively dismissed?

It has no effect whatsoever, and nor does it have any effect on the fact that Justin Volpe pled guilty, and is serving a long prison term for what he did to Abner Louima.

QUESTION: Is Abner living in New York still?

RUBENSTEIN: Abner is available to testify. With regard to where he's living, I think he'd rather me not comment.

QUESTION: Is this something that caught you by surprise, or are you emotionally surprised by it?

RUBENSTEIN: Well, we knew there was an appeal pending. We were present for the argument of the appeal before the circuit court, and we knew they were willing on both the conviction of officer Schwarz and the convictions of officers Wiesz, Bruder and Schwarz on the conspiracy case. So we were awaiting the decision,and the court of appeals has made its decision apparently today.

QUESTION: Can you comment on the conflict of interests?

RUBENSTEIN: Apparently, something in the ruling related to the fact that the attorney that represented Schwarz in the first trial was not only was his lawyer, but also I believe a lawyer for the PBA. I am not sure if that was the specific issue, because I haven't read the decision. But in some press reports, it has been indicated that that was one issue of conflict, as well as an issue of prejudicial material that the jury had access to, that they shouldn't have, prior to their making their determination, with regards to the conviction of Schwarz.

Well, one appeals from the district court to the circuit court, and that's the appropriate appellate court to rule on the issues that come up during the trial.

QUESTION: Have you had a chance to speak to Abner? What was his reaction?

RUBENSTEIN: I have spoken to Abner, and Abner is a victim, and he wants to be able to live his life with his family in privacy, so he will have no comment in regard to this. He will cooperate with the federal authorities, but I would hope and urge the press to allow him to live his life as a private citizen.

Look, let's not lose sight of what happened here. Abner was the victim of an assault by Justin Volpe that was perhaps one of the worst examples of police brutality in the history of this country. He pleaded guilty to that. Abner Louima is a victim. Whether he testifies at another trial or doesn't testify at another trial, his credibility is something that is at issue. He did to Abner Louima a crime of a magnitude that we in this country could not attempt to envision, but it happened, he pled guilty to it, he acknowledged that it happened, and he is doing a long prison term, and in that regard, justice has been done.

With regard to the trial, the retrial of officer Schwarz, Abner Louima will cooperate with the federal authorities, and we look to the federal authorities to vigorously prosecute, once again, as they had in the initial case, the indictment. Well one of the points that Rev. Sharpton just made in his press conference was that he has concerns that Alan Vinegrad who presently is the U.S. attorney. If does not remain as the U.S. attorney and there is a new U.S. attorney, that whoever is appointed should be one who was as vigorous as Alan Vinegrad was, who is the trial attorney, in prosecuting this case, and indicated that he will speak with Sen. Schumer, with regard to this matter, because he has concerns that I think the community has, to make sure that if there is a retrial, which apparently there will be, it is prosecuted as vigorously as Alan Vinegrad prosecuted the first trial.