Officer to Plead Guilty in Brutality Case, Lawyer Says

In a dramatic turn of events, the attorney for a New York police officer accused of brutalizing a Haitian immigrant with a broken broomstick revealed Monday that his client, Justin Volpe, will plead guilty today in federal court.

The statement by attorney Marvin Kornberg came during a bench conference with U.S. District Judge Eugene Nickerson, after another day of damaging testimony against Volpe and four colleagues, who are accused of beating and then torturing Abner Louima, 32, in the wake of a Brooklyn fracas in 1997.

Although it is not clear what Volpe will plead to, observers said his only hope for leniency under federal guidelines is to plead guilty to all of the charges--then to explain publicly what he did to Louima. Facing an array of civil rights charges, Volpe, 27, could get a maximum of life in prison without parole.

Under an agreement with Nickerson and U.S. Atty. Alan Vinegrad, Volpe was put under house arrest and allowed to spend Monday night at his family’s home in Staten Island. He is to report to Brooklyn federal court this morning.

The news of Volpe’s plea stunned attorneys for the other officers, who have insisted their clients are not guilty. Sources close to the case speculated over the weekend that Volpe--who has been hit hard by testimony from five officers--might try to enter a plea, then testify against the other defendants.

“Obviously this could have an effect on the rest of the trial,” said lawyer Stephen Worth, who represents Charles Schwarz, an officer accused of holding Louima down in a precinct bathroom while Volpe allegedly sodomized him with a stick. “And we have to reflect on this news . . . but it doesn’t matter to my client what Officer Volpe does. At this point, Mr. Volpe should do what he thinks is appropriate to do.”

Kornberg refused any comment beyond what he told Judge Nickerson, but another source close to the defense suggested that Volpe “doesn’t have a deal. The evidence against him has become overwhelming, and he’s just throwing in the towel now to get some kind of leniency, any kind of leniency. . . . “

The trial, which has put a harsh spotlight on alleged police brutality and heightened racial tensions in New York, grew out of an incident two years ago, when Louima was arrested in a brawl outside a Brooklyn nightclub. According to prosecutors, Volpe was hit in the face by a civilian, whom he mistakenly thought to be Louima. Enraged, the officer and his colleagues arrested the Haitian, beat him viciously in a police car and then tortured him when they brought him back to the precinct, according to the charges.

Louima suffered severe internal injuries after the attack, and is suing the city for $450 million in civil damages. Along with Volpe and Schwarz, officers Thomas Wiese and Thomas Bruder are charged with beating Louima. A fifth officer, desk Sgt. Michael Bellomo, is charged with trying to cover up the incident.

As the trial began three weeks ago, Kornberg told reporters that the facts would exonerate Volpe. In his opening statement, he suggested that Louima’s injuries were the result of consensual sex.

But the entire defense strategy seemed to unravel when five officers came forward to testify against Volpe. Several told how he had walked Louima into the bathroom, waving a stick in the air, and others told how he boasted that he “broke a man down.”