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News (Media Awareness Project) - US MO: Lawyers For 3 Officers Challenge Youth Who Accused
Title:US MO: Lawyers For 3 Officers Challenge Youth Who Accused
Published On:2002-12-05
Source:St. Louis Post-Dispatch (MO)
Fetched On:2008-08-29 07:32:10
LAWYERS FOR 3 OFFICERS CHALLENGE YOUTH WHO ACCUSED POLICEMAN OF BEATING HIM

Defense lawyers for three Florissant police officers tried Wednesday to
punch holes in the story of a young man who spurred federal prosecution
with claims that one of the officers had beaten him while the other two
looked on.

Eric Schwab testified Tuesday that Officer Gary Sperber gave him a
head-butt and punched him in the ribs. But Schwab testified in court
Wednesday that a statement his father had helped him prepare did not
mention those blows. "I'm not sure why he didn't write it down," Schwab
told Sperber's attorney, Kevin O'Malley.

Schwab said he had the described the event to his father hours after the
incident, on April 16, 2000.

Attorneys for the officers peppered Schwab with questions about differences
in the accounts he gave - and why he took time to shave, change his clothes
and prepare a statement before going to a hospital for care.

Sperber and Officers Brian Dolan and John Lynch are on trial in U.S.
District Court on felony charges of violating Schwab's civil rights. If
convicted, they could face up to 10 years in prison.

Sperber was forced to resign from the Florissant police after an internal
investigation last year; Dolan resigned this year for personal reasons, his
attorney said. Lynch remains on the force and is on vacation, Chief William
Karabas said.

In opening statements Monday, a prosecutor said that Schwab, then a student
at McCluer North High School, had given police names of students he
suspected of drug activity and then warned one of those people.

Prosecutors said Sperber and the others, who knew Schwab through a
ride-along program, were angry and summoned him to the station.

Defense lawyers said there was no beating and that there is little medical
evidence to back up Schwab's allegation.

On Wednesday, Neil Bruntrager, attorney for Dolan, pointed out that
pictures the family took the morning after the beating show that he shaved
off his goatee in between photos.

"You're in such pain that you shave in between the pictures, right?"
Bruntrager asked.

Schwab acknowledged that he shaved, and that his shaving may have had
something to do with his family's telephone call to a lawyer that morning.

"You did all that before you ever went and sought health care, isn't that
true?" Bruntrager hammered on.

"That's true," replied Schwab, now 20.

On Tuesday, Schwab testified that Lynch had instructed him to write a
statement admitting marijuana use and warning suspected drug dealers. But
under questioning by C. John Pleban, Lynch's attorney, Schwab stated he was
unsure which officer told him to write it.
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