Pubdate: Wed, 5 Jan 2000 Source: New York Times (NY) Copyright: 2000 The New York Times Company Contact: http://www.nytimes.com/ Forum: http://www10.nytimes.com/comment/ Author: MICHAEL COOPER NASSAU GUARD ADMITS GUILT ROLE IN JAIL BEATING GARDEN CITY, N.Y., Jan. 4 -- A guard at the Nassau County jail pleaded guilty today to acting as a lookout last year while two other guards went into a cell and severely beat an inmate who died in custody a few days later. The guard, Ivano Bavaro, 32, also agreed to testify against the two guards, who face federal civil rights charges stemming from the beating of the inmate, Thomas Pizzuto, 38, who died on Jan. 13 while serving a 90-day sentence for driving while intoxicated and other traffic violations. In a surprise plea, Mr. Bavaro admitted today in Federal District Court in Uniondale to standing watch outside cell No. 3 in the county jail's observation tier last Jan. 8 while two other guards entered the cell and beat Mr. Pizzuto, a recovering heroin addict who investigators say angered the guards by clamoring for his methadone treatment. The day after Mr. Pizzuto died, Mr. Bavaro admitted today, he approached another guard and said words to the effect of, "Nothing happened that day, you got it?" Mr. Bavaro's lawyer, Edward P. Jenks, said his client changed his plea to guilty after reviewing some of the evidence expected to be presented at trial and deciding that the government had "a compelling case against him." Mr. Pizzuto's death was one of several highly publicized brutality cases centered on the Nassau County jail that came to light last year. In addition to pursuing civil rights charges in the Pizzuto case, the United States Attorney for the Eastern District of New York opened an inquiry to see whether a "pattern and practice" of civil rights violations existed at the jail. Mr. Bavaro's unexpected plea before Judge Jacob Mishler of Federal District Court to one count of conspiracy and one count of witness tampering was a serious blow to the defense of the two guards accused of the beating, Patrick Regnier, 36, and Edward Velazquez, 32. They are to go on trial next week and face life sentences if convicted. A lawyer for Mr. Velazquez, Dennis M. Lemke, denied Mr. Bavaro's charges and said he expected the trial to go forward. A fourth guard, Joseph Bergen, 47, is accused of preparing a false report claiming that Mr. Pizzuto was injured when he slipped in the shower. Guards took Mr. Pizzuto to Nassau Community Medical Center on Jan. 11, saying he was having "seizures." He died there Jan. 13. Mr. Pizzuto's father, Rosario Pizzuto, 60, said in January that he heard his son whisper "two guards did it" from his deathbed. The Nassau County Medical Examiner's office ruled Mr. Pizzuto's death a homicide, saying it was the result of a ruptured spleen caused by blunt force injuries. Although Mr. Bavaro could face up to 15 years in prison, he is expected to win a more lenient sentence in exchange for cooperating with prosecutors. "He agreed to testify truthfully and accurately at the trial," Mr. Jenks said. But Mr. Lemke, the lawyer for Mr. Velazquez, one of the other accused guards, questioned Mr. Bavaro's motives and truthfulness. "My client maintains his innocence," he said. "We can't account for Mr. Bavaro saying what he said. It's just not true." Ernest Peace, a lawyer for Mr. Regnier, did not return a call seeking comment. Jury selection is expected to begin next week. In addition to Mr. Bavaro, the government is expected to call on two other corrections officers and six inmates at the jail as witnesses and partial witnesses, said two lawyers familiar with elements of the government's case. The government will also present medical testimony suggesting the location of blows around the spleen, they said. Peter J. Neufeld, a lawyer for the Pizzuto family, said the family had mixed feelings about the guilty plea. "On the one hand, we are grateful that the federal prosecutors have moved forward aggressively," he said. "On the other hand, it is a tragedy that for more than a decade complaints of criminal misconduct among corrections officers at that jail went unheeded." In the eight years before the death of Mr. Pizzuto, more than 100 inmates filed notices of claim, the first step toward filing civil suits, alleging that they were brutalized by guards at the county jail. Just last March a federal jury found that a Nassau County jail guard had beaten a mentally retarded inmate with a frying pan or pot back in 1993. Jail officials have defended their record, noting that even though 106 notices of claim against the jail were filed between 1991 and 1998, that represents only one for every thousand inmates there. - --- MAP posted-by: Don Beck