NEW YORK, NY July 18, 2002 — In New York, a federal jury has convicted a former police officer of perjury in connection to the 1997 assault on Haitian immigrant Abner Louima. But the jury was unable to deliver a verdict on three other counts, including the charge that Schwarz helped another officer carry out the attack. As Beth Fertig of member station WNYC reports the Schwarz case appears headed for yet another retrial.

It s been five years since Charles Schwarz was accused of helping another officer sodomize Abner Louima with a broken broomstick in a stationhouse bathroom. Two federal juries convicted him. And he was serving a fifteen year sentence before those convictions were thrown out earlier this year on technical grounds.

Yesterday, a third trial ended with a hung jury on three out of four counts. As he left the Brooklyn federal courthouse, yet again, Schwarz said he felt vindicated.

SCHWARZ: I was never in that bathroom, I m innocent of it. And you know the government used every resource they could. God knows how much money they spent to prove I was in that bathroom and I was not in that bathroom.

The jury convicted Schwarz on just one count of perjury: for lying on the witness stand during the last trial about his whereabouts shortly before the attack. But, after six days of deliberations, the jurors were divided about whether Schwarz had actually participated in the attack. They were unable to reach a verdict on the two civil rights charges of assault and conspiracy. They also couldn t decide on another perjury count.

Acting U.S. Attorney Alan Vinegrad said he s prepared to ask for another trial on the remaining counts. He said it was difficult to counter an aggressive defense strategy that claimed Schwarz was a victim of mistaken identify.

VINEGRAD: In the face of an extraordinary media campaign by this defendant to present a one sided and slanted view of this case, I think what is extraordinary is this jury has seen through that and convicted this defendant of perjury.

The defense also benefited from having reams of testimony by witnesses who have told their stories so many times, they were riddled with inconsistencies. Two police witnesses said they saw Schwarz walk Louima toward the bathroom but the defense seized on slight contradictions. And while Louima was certain he was attacked by two officers, he never identified Schwarz directly. He only named Justin Volpe, who pleaded guilty and is now serving a 30 year sentence. Stephen Gillers, a professor of legal ethics at New York University s Law School, says the defense was well prepared for this trial.

GILLERS: Being able to read earlier transcripts. Being able to see the prosecutors strategies in earlier cases is a defense lawyer s dream. Being able to point to changes in testimony, of prosecution witnesses is highly valuable.

Gillers also says passions have cooled since 1997.. when New Yorkers demanded justice for Louima. Last year, the city and the police union settled a civil lawsuit with Louima worth almost 9 million dollars.

Louima s family and supporters appeared frustrated yesterday. Some questioned the racial composition of the mostly white jury. And they re urging the government to retry the case. Speaking for his brother, who is now living in Florida, Jonas Louima said Abner is prepared to testify yet again.

JONAS LOUIMA: It s hard for us but we understand our justice system and we have a strong belief and we will do whatever it takes.

Schwarz faces up to five years in prison on the perjury charge. Sentencing is set for September. For NPR News I m Beth Fertig in New York.