A federal judge ruled Wednesday that a former police officer convicted for his role in the Abner Louima torture case will continue serving his five-year prison sentence without being granted early release.

Charles Schwarz appeared in court to request that he be released as early as next month.

Schwarz was convicted of perjury in connection with the 1997 attack on Louima inside a Brooklyn police station. He denied he had anything to do with the assault.

Schwarz cut a deal with prosecutors in 2002, after a jury convicted him of perjury but deadlocked on more serious charges that he violated Louima's civil rights. Prosecutors agreed to drop those charges and to ask the Bureau of Prisons to let him out early if Schwarz gave up his right to appeal.

However, last year the Bureau of Prisons denied the request, saying it can only grant an early release to prisoners with a terminal illness, so the prosecutors took another tack.

“The government actually agreed that he should be re-sentenced,” said Ronald Fischetti, Schwarz’s lawyer.

While Judge Reena Raggi agreed to re-sentence Schwarz, it was to the same sentence, saying his lies obstructed the investigation: “Your perjury was the first link in a chain that resulted in authorities not being able to learn exactly what happened in the course of that assault."

The judge also said it's likely that Schwarz was involved in the assault, and if he wasn't, his false statements kept officials from finding out exactly who was.

“It's very upsetting to hear the judge talk the way that she did, but there is nothing that he could have done to shed light,” said Andra Schwarz, the officer’s wife. “I know she's frustrated. She's frustrated because she's trying to get at the bottom of what happened, but he didn't know.”

Pressed by the judge, Schwarz admitted he had given false testimony. But his wife said that statement - the first time he had admitted guilt - was just an attempt to get out early.

Schwarz’s family and his attorney were disappointed in the judge’s decision.

"The fact that he was a dedicated Marine who served two tours, was in the Persian Gulf, and a dedicated police officer that his family really needs him financially — I thought that was something the judge should have taken into consideration, and should have reduced his sentence and released him,” said Fischetti. "Unfortunately, she didn't agree, but my personal opinion is that this sentence was grossly unfair."

“We’re kind of resigned to the fact that he'll be home at the end of the year, and we're just praying for that day,” said Andra Schwarz. “But it's just very upsetting."

Schwartz is serving his sentence at a federal prison camp in Minnesota. Under the 60-month sentence, the Bureau of Prisons says Schwarz is slated to go free in May of 2007.

Former Officer Justin Volpe is serving 30 years for sodomizing the Haitian immigrant with a broken broomstick in the bathroom in 1997.

The city and a police union agreed to pay Louima $8.75 million to settle a civil suit.