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Re: F6 post# 174823

Saturday, 06/23/2012 6:22:42 PM

Saturday, June 23, 2012 6:22:42 PM

Post# of 471447
Cardinal’s Aide Is Found Guilty in Abuse Case


Monsignor William J. Lynn, walking into court before the verdict reading, was the first senior official of the Roman Catholic Church in the United States to be convicted for covering up child sexual abuses by priests.
Matt Rourke/Associated Press

Timeline: Philadelphia Archdiocese Trial
http://www.nytimes.com/interactive/2012/06/01/us/priest-trial-timeline.html


By JON HURDLE and ERIK ECKHOLM
Published: June 22, 2012

PHILADELPHIA — Msgr. William J. Lynn, a former cardinal’s aide, was found guilty Friday of endangering children, becoming the first senior official of the Roman Catholic Church in the United States convicted of covering up sexual abuses by priests under his supervision.

The 12-member jury acquitted Monsignor Lynn, of the Archdiocese of Philadelphia, of conspiracy and a second count of endangerment after a trial that prosecutors and victims rights groups called a turning point in the abuse scandals that have shaken the Catholic Church.

The single guilty verdict was widely seen as a victory for the district attorney’s office, which has been investigating the archdiocese aggressively since 2002, and it was hailed by victim advocates who have argued for years that senior church officials should be held accountable for concealing evidence and transferring predatory priests to unwary parishes.

Monsignor Lynn, 61, sat impassively as the jury foreman announced the verdicts, but relatives behind him were in tears. Judge M. Teresa Sarmina of the Common Pleas Court revoked his bail, and the monsignor stood up, removed his clerical jacket and was led by sheriff’s deputies to a holding cell area. His conviction, on the 13th day of deliberations, could result in a prison term of three-and-a-half to seven years; sentencing is set for Aug. 13.

The trial sent a sobering message to church officials and others overseeing children around the country. “I think that bishops and chancery officials understand that they will no longer get a pass on these types of crimes,” said Nicholas P. Cafardi, a professor of law at Duquesne University, a canon lawyer and frequent church adviser. “Priests who sexually abuse youngsters and the chancery officials who enabled it can expect criminal prosecution.”

The three-month trial cast a harsh light on the top leadership of the archdiocese, especially Cardinal Anthony J. Bevilacqua, whom Monsignor Lynn advised. Archbishop of Philadelphia from 1988 to 2003, he died in January, but his name was invoked frequently during the testimony. Monsignor Lynn’s own lawyer told the jury that “in this trial, you have seen the dark side of the church.”

The revelations of sexual abuse and seeming official indifference have tormented an archdiocese that was long known for imperious leaders and an insular camaraderie among its priests. It has also been costly: the financially ailing archdiocese said recently that legal fees and internal investigations spurred by the abuse cases had cost $11.6 million since early 2011.

Cardinal Bevilacqua and his aides, the prosecutors argued, sought to avoid scandal and costly lawsuits at almost any price, putting the reputation of the archdiocese ahead of protecting vulnerable children.

The archdiocese issued a conciliatory statement [ http://archphila.org/press%20releases/pr002001.htm ] on Friday, saying that “the lessons of the last year have made our church a more vigilant guardian of our people’s safety,” and offering a “heartfelt apology to all victims of clerical abuse.”

Monsignor Lynn served as secretary for clergy for the 1.5 million-member archdiocese from 1992 to 2004, recommending priest assignments and investigating abuse complaints. Prosecutors presented a flood of evidence that Monsignor Lynn had not acted strongly to keep suspected molesters away from children, let alone to report them to law enforcement.

But the length of the jurors’ deliberations and the mixed verdict showed the difficulty of placing criminal blame on one church official. The jurors also wrestled with the definition of conspiracy, and with the question of criminal intent on the part of Monsignor Lynn, who presented himself [ https://www.nytimes.com/2012/05/24/us/msgr-william-j-lynn-testifies-in-trial-in-philadelphia.html ] as an affable man who tried his best. Nevertheless, the Philadelphia district attorney, R. Seth Williams, said Friday that the verdict had sent a lesson to the nation. “This monumental case will change the way business is done in many institutions,” he said.

Monsignor Lynn’s lawyers are expected to appeal.

Victims advocates said that they hoped the conviction would embolden prosecutors in other states to investigate senior church officials, and predicted that it would lead to more victim lawsuits.

“The guilty verdict sends a strong and clear message that shielding and enabling predator priests is a heinous crime that threatens families, communities and children, and must be punished as such,” said Barbara Dorris, of Survivors Network of Those Abused by Priests.

But such proceedings may often be limited, legal experts said, by statutes of limitations.

The prosecutors in this case faced just such a hurdle. A second priest, the Rev. James J. Brennan, 49, was tried with Monsignor Lynn, charged with attempted rape and endangerment of a youth, but the defense challenged the accuser’s credibility.

To convict, the jury had to find that Father Brennan had not only abused that boy but continued to put children at risk over subsequent years of ministry. The prosecutors were unable to find later victims. The jury said it was deadlocked on the two counts against Father Brennan, and Judge Sarmina declared a mistrial on those charges.

Monsignor Lynn’s defense hinged on his claim that he had tried to curb abuses, but that only the cardinal had the authority to remove priests. One crucial piece of evidence was a list drawn up in 1994 by Monsignor Lynn of some three dozen active priests who had been credibly accused of sex abuses. Before the trial began, a lawyer for the archdiocese turned over to the court a frayed folder including a copy of the list, saying it had been found in a locked safe.

Prosecutors called it a smoking gun. One of those named in 1994 as “guilty of sexual misconduct with minors” was the former Rev. Edward V. Avery, whose continued tenure in ministry was at the heart of Monsignor Lynn’s trial. Mr. Avery, now 69, spent six months in a church psychiatric center in 1993 after an abuse episode, and doctors said he should be kept away from children. But Monsignor Lynn allowed him to live in a parish rectory.

In 1999, Mr. Avery undressed with a 10-year-old altar boy, told him that God loved him and had him engage in oral sex. Mr. Avery pleaded guilty to the assault just before the trial began and was sentenced to prison.

In 2002, the National Conference of Catholic Bishops adopted a national “zero-tolerance” policy, pledging to remove any priest facing credible accusations. But serious lapses have occurred, including in Philadelphia, where a grand jury in 2011 asserted that as many as 37 priests with past accusations remained active in ministry.

Last summer Archbishop Charles J. Chaput, then the head of the Denver Archdiocese, took over in Philadelphia, and in May he announced the removal of five priests named in the grand jury report. Three others were cleared and investigations continue into other cases.

The bishop of the diocese in Kansas City, Mo., Robert W. Finn, is awaiting trial on misdemeanor charges of violating the state’s mandatory reporting requirement by allegedly waiting six months to tell the police that a priest had taken lewd photographs of girls.

Jon Hurdle reported from Philadelphia, and Erik Eckholm from New York.

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Related

Times Topic: Roman Catholic Church Sex Abuse Cases
http://topics.nytimes.com/top/reference/timestopics/organizations/r/roman_catholic_church_sex_abuse_cases/index.html

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© 2012 The New York Times Company

http://www.nytimes.com/2012/06/23/us/philadelphias-msgr-william-j-lynn-is-convicted-of-allowing-abuse.html [ http://www.nytimes.com/2012/06/23/us/philadelphias-msgr-william-j-lynn-is-convicted-of-allowing-abuse.html?pagewanted=all ] [with comments]


===


Supporters surface to stand behind defendant in priest-beating case


Will Lynch at the Mark Hopkins Hotel in San Francisco on Thursday, June 7, 2012.
(LiPo Ching/Staff) ( LiPo Ching )


By Tracey Kaplan
Posted: 06/19/2012 06:22:22 PM PDT June 20, 2012 3:44 AM GMT
Updated: 06/19/2012 08:44:44 PM PDT

Some are wracked by guilt, others fueled by frustration. But a close-knit group of supporters will be there for Will Lynch on Wednesday as his trial begins over charges he pummeled a Catholic priest he says molested him and his brother decades ago during a religious group's camping trip.

More than a dozen parents and children who regularly joined the Lynches on those trips 35 years ago are streaming in from El Centro, Albany and as far away as Oregon to stand behind the man they knew as a vulnerable little boy.

"Certainly, we have some feelings of guilt,'' said Paul Smith, 77, who helped found the Christian group with his wife, a former nun. "We invited a priest to say mass on Sundays, and, unfortunately, we chose Father Jerry.''

Prosecutors contend Lynch, now 44, took revenge on the priest, Jerold Lindner, whom the Jesuits have acknowledged is on a list of molesters living at the Sacred Heart retirement and medical center in Los Gatos. In a fit of rage on May 10, 2010, they say, Lynch allegedly pummeled Lindner, who was 65, while yelling, "Turn yourself in or I'll (expletive) come back and kill you."

Lindner, who has denied molesting Lynch and Lynch's then-4-year-old brother, suffered multiple bruises and required stitches to close two cuts above his left eye and left ear.

The defendant is charged with two felonies that together carry a maximum sentence of four years -- assault by means of force likely to produce great bodily injury and also elder abuse under circumstances likely to produce great bodily harm or death.

Lindner to testify

In an exclusive interview with this newspaper, Lynch said he chose to go to trial rather than negotiate a plea bargain for no more than a year in jail because he considers it the only way to expose the priest's alleged wrongdoing.

Lindner cannot be prosecuted on charges he raped Lynch, who was 7 at the time, because the alleged molestation took place in the 1970s. By the time Lynch reported it about 20 years later, the six-year statute of limitations of that era had elapsed.

That frustrates some of the people who used to go camping with the Lynches in the Santa Cruz Mountains, including a woman who won a multimillion-dollar settlement after she sued the Jesuits claiming that Lindner also raped her on the trips.

The former campers are eager to see Lindner put on the spot, which could occur early in the trial if the prosecution calls him to the stand.

"Jerry is still living a life of ease, with access to children who go to school in the area,'' said Christina, a former camper who lives in the East Bay and asked that her last name not be published. "We're coming out of support for the family and frustration with the legal system.''

Christina said the group rallied around Lynch when he broke his 20-year silence and revealed the sexual assault.

"When this first came out, none of us were surprised -- Father Jerry was a creep,'' she said, adding that he used to come to her home for group gatherings. "He used to just sit on my bed. But the parents were thrilled he always wanted to say good night prayers with the children.''

Cast doubt

Lindner will first be questioned by prosecutor Vicki Gemetti, who is expected to focus on the assault at the Jesuit center. Gemetti declined to comment but has said of the case, "Our laws exist to protect all members of society, regardless of who the victim is."

On the other hand, Lynch's attorney, Pat Harris, will try to nail Lindner on his alleged history of pedophilia. If the priest denies it, legal observers say the defense lawyer could use it to cast doubt on the priest's credibility, including his account of the clash with Lynch.

Lindner was removed from active ministry in Los Angeles in 1997 in response to a civil suit filed by Lynch that year. The Jesuits paid Lynch and his brother a $625,000 settlement; after the legal fees, they each got about $187,000.

Some of the campers say their presence at the trial shouldn't be misinterpreted. They don't condone violence.

"What Will did wasn't right,'' said Jim Mullarkey, a retired Albany electrician. "But I certainly understand his frustration and anxiety that brought him to that point. My kids were on that camp-out -- it could very well have been them.''

*

Related Stories

Jun 22:
Defense attorneys in priest beating seek mistrial
Claiming the prosecutor in the San Jose priest-beating trial committed misconduct, defense attorneys Friday asked the judge to declare a mistrial based on the explosive accusation.
Attorneys for Will Lynch -- who is charged with beating up the Jesuit priest he says brutally molested him and his brother when they were children -- contend the prosecutor committed misconduct by suborning perjury.
Santa Clara County deputy district attorney Vicki Gemetti put Father Jerold Lindner on the stand Wednesday after announcing to the jury in her opening statement that he molested the brothers and would almost certainly lie under oath by denying the alleged molestation or saying he didn't remember.
As predicted, Lindner testified he had not raped Lynch when he was 7 nor molested his 4-year-old brother on a camping trip in the 1970s in the Santa Cruz Mountains. Lynch's lawyers argue that the false testimony could affect the jury's verdict, violating their client's due process rights.
[...]

http://www.mercurynews.com/lynch/ci_20919648/defense-attorneys-priest-beating-want-mistrial

Jun 21:
Judge in priest beating case sends jury home for the week without explanation
http://www.mercurynews.com/lynch/ci_20908661/judge-priest-beating-case-sends-jury-home-week-lynch

Jun 20:
Priest accused of being a serial molester testifies -- claims complete innocence
http://www.mercurynews.com/lynch/ci_20903793/priest-accused-being-serial-molester-testifies-claims-complete
Will Lynch Trial update: Priest testifies he didn't recognize man who accuses him in sex assault
http://www.mercurynews.com/lynch/ci_20898513/live-coverage-trial-begins-will-lynch-accused-beating

Jun 19:
Video: Will Lynch talks about alleged abuse by priest
http://www.mercurynews.com/crime-courts/ci_20893831/video-will-lynch-talks-about-alleged-abuse-by
December 2002: Alleged sex abuse victim seeks criminal prosecution of priest
http://www.mercurynews.com/lynch/ci_20893825/december-2002-alleged-sex-abuse-victim-seeks-criminal

Jun 15:
Los Gatos priest attack timeline of events
http://www.mercurynews.com/lynch/ci_20866801/los-gatos-priest-attack-timeline-events
Sex abuse victim charged in attack on priest in Los Gatos looks forward to day in court
http://www.mercurynews.com/lynch/ci_20866793/sex-abuse-victim-charged-attack-priest-los-gatos

*

Copyright © 2012 - San Jose Mercury News

http://www.mercurynews.com/crime-courts/ci_20894360/supporters-surface-from-long-ago-stand-behind-man [with comments]


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Greensburg, KS - 5/4/07

"Eternal vigilance is the price of Liberty."
from John Philpot Curran, Speech
upon the Right of Election, 1790


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