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Nassau police officer Vincent LoGiudice, charged with beating Westbury man during a traffic stop, set for September trial

Nassau Police Officer Vincent LoGiudice appears for a

Nassau Police Officer Vincent LoGiudice appears for a court conference in Mineola on Tuesday, July 15, 2014. Credit: Howard Schnapp

The trial of a Nassau police officer accused of assaulting a Westbury man during a traffic stop caught on video is expected to start in September.

Acting state Supreme Court Justice Patricia Harrington Tuesday scheduled what she called a "firm" Sept. 16 trial date as defendant Vincent LoGiudice, 35, appeared in a Mineola court.

The officer, who joined the police department in 2007, has pleaded not guilty to charges that include two felonies for allegedly beating Kyle Howell, now 21. The April 2014 encounter left Howell with injuries that included a broken nose and facial nerve damage.

Police had arrested Howell for charges that had included assaulting two officers as he allegedly resisted arrest, but prosecutors had those charges dropped.

The judge Tuesday also issued a new order of protection -- after the original expired -- that requires LoGiudice to stay away from Howell.

Harrington previously had ordered Howell to testify about his medical records at a hearing, but said she'd learned from case law she didn't have that authority. The defense has been seeking Howell's mental health records, arguing they might be useful in seeing if he can accurately recall the event or may have "resisted arrest due to paranoid or delusional thinking."

LoGiudice's attorney, William Petrillo, said the defense was "very confident in our position" with a trial date having been set.

Attorney Amy Marion, who previously filed a notice of claim against the county and police for Howell, said she was pleased the judge renewed the protective order and set a trial date.

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