Justin Volpe’s planned guilty plea to torturing Abner Louima could seriously hurt the other accused cops, legal experts say – even though the jury won’t be told about his admissions.
In cases where a defendant disappears from the case midway through the trial, judges instruct jurors not to speculate on why the person is absent – but nothing can stop them from guessing.
Under the federal-court rules, a plea by Volpe cannot be used as evidence in the trial of the other cops.
Given the sensational testimony in the sex-torture case, most jurors would conclude quickly that Volpe had pleaded guilty, said John Jay law professor Barry Latzer.
“I think the jury has already concluded he is guilty, and I don’t think they are so naive they won’t conclude he’s now pleaded,” said Latzer.
If Volpe and the other cops are linked by the evidence, a guilty plea makes it harder to convince the panel that the others had nothing to do with it, Latzer said.
“On the other hand, if they can make him the fall guy and say that their clients were just peripheral actors, then the plea might actually help them,” he said.
“But, on balance, I think this will hurt the defendants, especially anyone who’s tied to Volpe by the evidence,” he said.
Defense attorney Arthur Aidala said the jury may also feel pressured to find someone guilty – and no longer have the “easy out” of convicting only Volpe.
“If I’m a defense attorney in this case, my biggest fear is now that Volpe’s gone and the jury doesn’t have a ‘top guy’ to focus on, that they’re going to feel some sort of pressure to find somebody, anybody guilty,” said Aidala, a former homicide prosecutor.
“But it can also take some pressure off the jury, if they decide the really bad guy is gone, and if they’re intelligent, they’ll know he took a plea,” he said.
Aidala said the move could actually help accused cops Thomas Wiese and Thomas Bruder, who are charged with beating Louima – but hurt Charles Schwarz, who is accused of holding him while Volpe sodomized him.
“Schwarz is probably the most damaged by this, because once Volpe leaves, he’s the next best target,” said Aidala. “If I’m Wiese or Bruder, I’m feeling okay. If I’m Schwarz, I’m feeling pretty nervous.”