Pubdate: Wed, 05 Jan 2000 Source: Newsday (NY) Copyright: 2000, Newsday Inc. Contact: (516)843-2986 Website: http://www.newsday.com/ Author: Andrew Metz Staff Writer OFFICER: I SAW JAIL BEATING Agrees To Testify Against 2 Accused In Inmate's Death Facing the threat of life behind bars, a Nassau County corrections officer admitted yesterday that he stood lookout a year ago and watched as two of his colleagues allegedly beat an inmate to death. In a dramatic turn that could prove devastating to his co-defendants, Ivano Bavaro agreed to cooperate with federal prosecutors and testify against the two officers charged with the death of Thomas Pizzuto, a recovering heroin addict who had been begging for methadone. At a hearing in U.S. District Court in Uniondale yesterday, Bavaro pleaded guilty to charges of conspiracy and obstruction of justice, for which he could face up to 15 years imprisonment. In exchange, prosecutors dropped more serious charges of civil rights violations and Bavaro promised to provide his account of Officers Edward Velazquez and Patrick Regnier repeatedly beating Pizzuto in his cell at the jail in East Meadow. Nervous and tearful as he read from a brief statement, Bavaro told Judge Jacob Mishler that on Jan. 8, 1999, he, Velazquez and Regnier walked down the tier to Pizzuto's cell. He said he stood outside to prevent the recovering heroin addict from escaping and blocked other inmates' view of the attack as he watched the two officers repeatedly strike the inmate. Bavaro said his presence likely intimidated the inmates from speaking out. And he said that on Jan. 14, a day after Pizzuto died of a lacerated spleen, he and Velazquez approached Officer Richard Tirino, a new recruit working the tier, who has also agreed to cooperate with prosecutors, and told him that "nothing happened. You got it, nothing happened that day." The testimony, two weeks before the scheduled start of jury selection, radically alters the landscape of the federal civil rights case, bolstering an already detailed prosecution. "There are no more questions now," Pizzuto's brother Anthony said after hearing Bavaro's admission in the courtroom. "The correction officer is telling you that he was right outside the door. He saw the beating. What more do you want." "We are glad the truth finally came out. If there was any doubt, there isn't now." Even before Bavaro's change of heart, defense lawyers had to overcome incriminating statements Pizzuto made before he died, inmate accounts of seeing the officers and hearing a beating, medical evidence of a homicide and testimony from Tirino and Cpl. Gary Pincus, a cellblock supervisor who said he saw the officers at the cell and heard the alleged attack. In an agreement with prosecutors Pincus pleaded guilty to witnessing a crime and failing to report it, and has since resigned fromthe jail. "Without Bavaro there was a compelling case. With Bavaro, it's lights out," said one lawyer familiar with the case. Edward Jenks, the Mineola lawyer who represents Bavaro, said that after reviewing voluminous, damaging discovery material, his client decided that "to prevail at trial would be an uphill battle." "The remaining defendants are going to have to assess the weight of the evidence and determine whether a trial is in their best interests," said Jenks, who was acting as lead counsel in the case. "My independent judgment is that the evidence is overwhelming concerning the assault and that a viable defense is not within easy reach." Regnier's attorney, Ernest Peace, could not be reached yesterday, and Dennis Lemke, the Mineola lawyer who represents Velazquez, would not comment on whether his client was now considering a plea. But he said that Bavaro's cooperation "comes as a complete surprise and Eddie Velazquez maintains his innocence." "I am unaware of what Mr. Bavaro has exactly said," Lemke said. "Is it the truth or something that will protect him from going to trial and facing a life sentence?" Bavaro, 32, and the other officers all had pleaded not guilty and were suspended without pay after their arrests in May. Acting Nassau Sheriff Peter Heelan said yesterday that he had not seen Bavaro's plea agreement but would consider further disciplinary action when he reviews it. Under the agreement, Bavaro remains free on $250,000 bond. Though he faces a maximum of 15 years in prison, Mishler will have wide latitude in sentencing and legal experts said Bavaro could receive far less. A fourth defendant, Cpl. Joseph Bergen, is charged with attempting to later cover up the attack by filing false reports that Pizzuto, 38, who had been serving 90 days for driving under the influence, slipped and fell in the shower. His attorney, Benedict Gullo of Uniondale, said that the case against the veteran jail supervisor is only "tangentially tied" with the other officers and that Bavaro's testimony does not harm his defense. "My client wasn't there," Gullo said. "So what Bavaro wants to say as far as that doesn't really matter." Assistant U.S. Attorney Jason Brown, who is prosecuting the case, declined to comment yesterday. He has said in the past that he expects the trial to last about two to three weeks. Federal authorities stepped into the case shortly after Pizzuto died, vowing to also conduct a wide-ranging probe of the jail, the largest in the state outside New York City. The broad investigation, which spans everything from inmate medical care to complaints of brutality, is in its seventh month and could force changes at a jail that has long been ineffective at handling allegations of mistreatment. "Law enforcement and oversight from Mineola to Albany fell down on the job and hopefully now with a conviction here ... and outside federal oversight, perhaps Nassau County can turn the corner," said Peter Neufeld, one of the Pizzuto family attorneys, who is preparing a civil suit against the county. "But what's tragic here is that it took the loss of a man's life." - --- MAP posted-by: allan wilkinson