In reversing Charles Schwarz’s conviction in the Abner Louima assault case because of his attorney’s “unwaivable” conflict of interest, the federal appeals court opened a Pandora’s box of problems for judges, prosecutors and defense lawyers, U.S. Attorney Alan Vinegrad said in court papers yesterday.
In a petition to the U.S. Court of Appeals for the Second Circuit, the Eastern District prosecutor asked the court to reconsider its reasoning and base its February reversal of Mr. Schwarz’s civil rights conviction on a second, independent ground, or amend its language on attorney conflicts. That language, Mr. Vinegrad argued, would “inject new uncertainties into the already difficult and contentious area of defense attorney disqualification and will have adverse consequences for all participants in the criminal justice system.”
