Category Archives: Mount Airy Parish
Los Gatos Priest Beating Case Trial Date Now Changed to June
Pretrial motion Friday postponed until May 3, with jury selection taking place May 14 and presentation of evidence June 19.
By Sheila Sanchez April 7, 2012
Friday’s scheduled pretrial motions in the case against a San Francisco man accused of beating a priest at the Los Gatos Sacred Heart Jesuit Center in May of 2010 have been postponed until 9 a.m., May 3.
William Lynch, 44, has been arraigned on one count of felony assault with intent to cause great bodily injury and one count of elder abuse under circumstances likely to produce great bodily harm or death. He has pleaded not guilty to both charges.
The scheduled hearing was changed since presiding Santa Clara County Superior Court Judge David Cena is tied up with a homicide trial that is running longer than expected.
The pretrial motions hearing, a time for any legal issue that will arise during the high-profile trial to be addressed by the prosecution and the defense, will be followed by jury selection May 14
The presentation of the evidence is expected to start on or around June 19, instead of the earlier reported date of May 29, said Santa Clara County Deputy District Attorney Gemetti.
Jury selection will be performed using jury questionnaires with potential jurors being called in to court and given the document to fill out and then reviewed by the attorneys.
Counsel will then meet and discuss which jurors need to be questioned for so-called “cause,” necessary in every trial to weed down the full veneer of potential jurors to the 12 jurors and alternates who will sit on the case, explained Gemetti.
Attorneys will question the jurors for any biases or any impediments to sit for “cause,” such as someone having been convicted of a similar crime or who may have a family member working in the DA’s office or law enforcement and their objectivity is compromised.
After the panel has been passed for cause, meaning there are no legal reasons why the jurors can’t sit on the case, each attorney will have 10 pre-emptory challenges that can be exercised and they’ll go back and forth to determine which jurors will be sworn in, Gemetti added.
The proceedings are taking place in Judge Cena’s courtroom, department 34 of the Santa Clara County Hall of Justice in San Jose.
“Once we’ve sworn the jury in … we’re going to stick to that schedule to the best of our abilities,” Gemetti said about the delays in the trial start date. “Obviously trials are fluid and things may change and emergencies do happen, but … once we have those 12 people and they’re told the dates, things won’t change too much.”
The questionnaire presented to the jurors will probably be several pages long containing a list of questions and topics, some inquiries from the court and some submitted by the defense and the prosecution.
Lynch is being represented by Pat Harris and Mark Geragos, with the Los Angeles-based law firm of Geragos & Geragos.
Authorities say he walked into the center’s reception area the afternoon of May 10, 2010 and asked to speak to Father Jerold Lindner. He said he had a death notification about a member of the priest’s family and then allegedly assaulted him.
The case is being closely watched by critics of the Roman Catholic Church who allege Lindner raped and sodomized Lynch and his brother when they were small boys in the ’70s while on camping trips.
If a jury convicts Lynch, he’s could serve a maximum of four years in state prison. The court, however, could grant him probation and give him up to one year in county jail, Gemetti said.
“We have been ready for trial for quite some time,” Gemetti said. “I’m quite anxious to get the matter proceeding.”
Victim Advocates Question Security Around Defrocked Jesuit Brethren
Head of Jesuit order says men are under strict supervision at center in Los Gatos.
By Sheila Sanchez January 10, 2011
The Sacred Heart Jesuit Center in Los Gatos has been in the news lately for all the wrong reasons. One of its defrocked priests was beaten in May 2010. The alleged attacker appeared in court in December and will face a judge on Feb. 7 for a preliminary hearing in a case that will probably go to trial.
Santa Clara County prosecutors are accusing 44-year-old William Lynch of mauling Jesuit priest Jerold Lindner with his fists, said Lynch’s attorney Pat Harris. Lynch has said Lindner sodomized and raped him and his brother as young boys.
Lynch’s supporters, who include members of the Survivors Network of Those Abused by Priests (SNAP), plan a news conference after the hearing at the Santa Clara County Superior Court building on Hedding Street in San Jose and a march in Los Gatos, according to Harris.
The supporters are taking this opportunity to complain about the security measures at the center, which houses Lindner, 65, and five other retired priests or brethren who have faced charges of sexual abuse. They claim the men can leave the compound at any time and that the supervision plans aren’t strict enough.
The two, along with three other men, whom the order will not identify, live in the large Jesuit compound at 300 College Ave. The center includes a retirement home, an assisted-living facility and a skilled nursing infirmary. Here, 75 elderly priests live out the rest of their lives after serving in the elite order of priesthood in the Roman Catholic Church.
The Rev. John P. McGarry, the provincial of the California Province of the Society of Jesus, said the concerns about the five men who live at the center are exaggerated.
McGarry is head supervisor at the center and leader of the 375 Jesuit priests who work in California.
He said none of the men is under investigation right now.
Connor is housed in the center’s skilled nursing facility, is confined to a wheelchair and has severe dementia, McGarry said. “He’s totally incapacitated,” he said. “Better that we take care of them there than having them be out on their own in the community.”
Lindner, said McGarry, is under a strict security plan that prevents him from leaving the center unsupervised.
“He didn’t drive himself to the hospital,” he said, referring to newspaper reports that said he had done so, which triggered victims’ protests.
He explained that nursing staff at the center attended to him, and that either one of the Jesuits in the community or one of the nurses on duty drove him to the hospital. “He wouldn’t have been able to drive … He was badly beaten up. His head was bleeding,” McGarry said.
Dan McNevin, a San Francisco SNAP volunteer, is skeptical and upset the Catholic Church hasn’t found another location to house clergy charged, accused or investigated of abuse. “Why are they living there and not in a more secure location?” said McNevin.
The deep distrust against the order, McNevin said, is caused by numerous incidents that indicate that the Jesuit hierarchy has covered up incidents to protect the order’s reputation.
“A priest who has abused should be behind bars and not living in a retreat center,” said McNevin.
McGarry has an answer to that. “If I had any concern that the men living here, who have allegations against them and who are on safety plans, were a risk to the larger community or a risk for reoffending, I would not have them living here,” he said.
The Santa Clara County Sheriff’s Office handled the Lynch incident in May because of jurisdiction issues regarding where the center is located. If something were to happen in the center’s parking lot, however, the Los Gatos Monte Sereno police department would step in, said police spokesman Sgt. Kerry Harris. But he said the center has never given the town any problems.
“We’ve never had any issues with them,” Harris said.
For those looking for assurances, McGarry points to the fact that the center has been accredited by the Austin-based Praesidium risk management group, which has established criteria regarding the prevention of and response to sexual abuse of minors by Jesuit authorities. He added that Praesidium had renewed the center’s certification in July 2010.
The five men who live at the center have served at one time or another in Jesuit schools such as Bellarmine College Preparatory, Sacred Heart Nativity School and Most Holy Trinity Parish in San Jose and Santa Clara University in Santa Clara.
McGarry said the order’s policy continues to be to turn over to criminal and civil authorities allegations of priestly misconduct with minors. The province provides pastoral care and counseling to any person that comes forward and makes an allegation of sexual abuse, he said. He said he’s met often with people who have made allegations.
Joey Piscitelli, Northern California director for the Survivors Network for Those Abused by Priests, isn’t buying it. “They have aided, abetted, shuffled, protected and promoted known child rapists for decades, and that’s criminal behavior,” he said.
Piscitelli, who says he was molested by a Salesian priest, won a $5 million settlement award against the order after a jury trial in 2006.
Piscitelli has protested outside the center several times, along with John Chevedden, whose brother, Jesuit priest James Chevedden, killed himself when he jumped from the sixth floor of the Santa Clara County Courthouse’s parking garage in 2005.
Chevedden accused the Jesuits of negligence in his brother’s death and in 2007 and settled with the order for $1.6 million.
He said the Lynch case is another example of how victims of abuse suffer for a long time. “It’s disturbing to see how long-lasting and traumatic the abuse is to the victims … that after 35 years it still has a strong impact,” Chevedden said.
What I also found interesting was one of the comments posted under this article:
Fr. Thomas Smolich, promoted to be the # 1 Jesuit in the USA, said a Jesuit priest and resident at the Los Gatos Center, Fr. James Chevedden committed suicide. The Jesuit Order even issued a news release claiming Fr. Chevedden’s suspicious death was a suicide. Fr. Smolich also told Fr. Chevedden’s family that the Jesuit Order would keep Fr. Chevedden’s body.
Fr. Chevedden had earlier reported to Fr. Smolich that he was the victim of Jesuit sex abuse at Los Gatos by a Jesuit Religious Brother, Br. Charles Connor. Br. Connor and Fr. Jerold Lindner were friends. Lindner helped Br. Connor with computers and both sat at the same small meal table.
Ironically or worse, the last Jesuit to see Fr. Chevedden alive was Fr. Lindner, with $2 million paid out in sex abuse settlements. The Jesuit Order did not tell the police that Fr. Lindner was the last Jesuit to see Fr. Chevedden alive. Fr. Lindner was scheduled to testify about his being the last Jesuit to see Fr. Chevedden alive in a wrongful death lawsuit filed by Fr. Chevedden’s Dad. The Jesuit Order paid $1.6 million to settle the lawsuit. Thus Fr. Lindner avoided explaining his being last Jesuit to see Fr. Chevedden alive.
A Catholic’s Easter lament: Dogmatic, tone-deaf bishops
By JOEL CONNELLY, SEATTLEPI.COM
Published 04:00 p.m., Saturday, April 7, 2012
A painful truism of this Holy Week, Christianity’s most important days of the year: Moral leadership in America’s Catholic Church is starting to flow from lay persons in pews and priests who deal with human problems, not prelates on thrones wearing white, red and purple hats.
Just look around to events from Rome to Berlin, and from Worcester, Mass., to Seattle.
In the Archdiocese of Seattle, our bishops issued a letter saying parishes will become signature-gathering centers for Referendum 74, a ballot measure designed to roll back same-sex marriage. But the state’s marriage equality law was sponsored by a Catholic state senator and signed into law by a Catholic governor.
Archbishop Sartain and Bishop Elizondo talk about treating all persons with “respect, sensitivity and love,” but then urge support for a campaign put together by the National Organization for Marriage — an outfit that wants to “drive a wedge” between blacks and gays, “sideswipe” President Obama and make opposition to marriage equality “an identity marker” for young Latinos.
A Q-and-A, just put out by the Washington State Catholic Conference, tells the faithful: “The Catechism of the Catholic Church does teach that homosexual ACTS are intrinsically disordered, not persons.”
A question to Archbishop Sartain, who does not seem to want to take questions: How do I, as a layperson, treat my friends who are gay and lesbian?
When with a telltale, sheepish grin a friend says he/she is seriously in love, my standard refrain is along the lines, “Why you lucky dog! Have you kids set a date?” Friends take pleasure in other friends’ happiness.
What’s, then, the approved party line for gay friends in love? a) Sorry, the church says what you are doing is “disordered,” or b) I love you as a sinner but I hate your sins, or c) My bishops have written: “For all unmarried persons, chastity means that they refrain from sexual relations.”
Do purple skullcaps dull the mind? The Jesus of the Gospels preaches human decency, not dogma. Life experience teaches us that the essence of marriage is the same whether people are straight or gay. Two people affirm their love and make a commitment to each other. Lots of gay and lesbian couples are raising children: Should they be denied the right to raise those children as legally married couples?
Catholic governors in Washington, Maryland, New York and California have not submitted to church dogma, or the hierarchy’s convoluted reasoning. And a vast majority of young people — including Catholic young people — want the happiness of friends whatever their age or race or sexual preference.
The hierarchy is tone deaf in many ways and places, be it in heavy-handed attacks on contraception coverage in health insurance or cruel treatment of Catholics who are not docile and do not submit to discipline.
A small Catholic college in Massachusetts was forced during Holy Week to rescind its invitation to Vicki Kennedy, widow of Sen. Edward Kennedy, to be this year’s graduation speaker. She was to speak as co-founder and president of the group Common Sense About Kids and Guns.
The order came from Worcester Bishop Robert McManus, whose spokesman told National Catholic Reporter that McManus acted because of Kennedy’s “positions on pro-choice versus pro-life and the sanctity of marriage.”
What a cruel, vindictive action, and what a reflection on the kind of men running the church.
“I am a lifelong Catholic and my faith is very important to me,” Kennedy said. “I am not a public official. I hold no public office, nor am I a candidate for public office. I have not met Bishop McManus nor has he been willing to meet with me to discuss his objections. He has not consulted with my pastor to learn more about me or my faith.”
The bishops don’t learn. They may think of themselves a shepherds, but America’s Catholics are not sheep. They may not consult people in the pews — or meet with those, like Kennedy, that they are judging — but laypersons (and many priests) are consulting their consciences.
A key lesson: Moral authority is earned. It is not simply acquired when a bishop/cardinal/Pope is installed. The American (and Irish, and Dutch, and Belgian , etc.) hierarchy has forfeited a lot of that authority through its handling of the priest sex-abuse scandal.
The despair is mitigated by the good works and wise words from those in the pews.
As Pope Benedict XVI used a Holy Thursday sermon to tell priests to obey orders, Medina, Wash., lay Catholic Melinda Gates was speaking from conscience about contraception at a conference in Berlin.
Contraceptives are not a code for abortion, she said, nor an invitation to promiscuous sex. “We are talking about giving women the power to save their own lives and their children’s lives — and to give their families the best possible future,” said Gates, talking of the need for birth control in the developing world.
Gates discussed the instruction in faith she received from sisters in a Catholic high school: “In the tradition of great Catholic scholars, the nuns also taught us to question received teachings. One of the teachings most of my classmates and I questioned was the one saying birth control was a sin.”
She didn’t question lessons on service, and giving back, and social justice, worthy grounding for the future co-chair of the Bill & Melinda Gates Foundation.
The bishops will just have to deal with conscience-driven Catholics. In fact, they could listen and learn.
Vatican announces silencing of Irish liberal priest Father Tony Flannery
Criticisms of Vatican on abuse, birth control, women priests, leads to inquiry
Father Tony Flannery, a Catholic priest who has been outspoken in his criticism of the abuse crisis in Ireland, has found himself under investigation by the Vatican for his liberal views.
Founder of the Association of Irish Priests, Father Flannery told TheJournal.ie that the Vatican has contacted him to inform him of the investigation.
The effect of the investigation was immediate. This week The Irish Catholic newspaper reports that Father Flannery had to cease writing his monthly column in the Redemptorist Reality magazine in response to news of the investigation.
The Irish Catholic writer Michael Kelly reported that, “It is understood that while Fr Flannery has the support of his superiors in the Redemptorist Order, the Congregation for the Doctrine of the Faith (CDF) in Rome has expressed disquiet about some of his articles and publications.
“It is believed that the views which have come under most scrutiny are Fr Flannery’s opposition to the Church’s ban on artificial birth control and his support for the ordination of women.”
Last year, Father Flannery welcomed Irish Prime Minister Enda Kenny’s hard hitting criticism of the Church’s decades long mishandling of the child sex abuse scandals in Ireland.
The investigation is seen by critics as a crackdown on the association, which has been described as a ‘dissident group’ by more conservative members of the Church.
In recent months, the association has called for changes in the Church, including its theology on sexuality. Some of the association’s priests contend that priests should be allowed to marry and that the Church should permit the ordination of female priests.
A Redemptorist, Flannery is a native of Attymon, Athenry in County Galway, Ireland. He is the youngest in the family of four. He has two brothers: Peter, who is a fellow Redemptorist at Esker Monastery in Athenry, and Frank, the Fine Gael Director of Organisation and Strategy.
The crackdown comes on the heels of the Vatican ordered Apostolic Visitation, which found evidence of what it called a ‘certain tendency’ for Irish priests to hold opinions that conflict with those of the orthodox Magisterium, the Catholic Church’s teaching authority.
In a sign of hardening attitudes, the Visitation participants underlined that any dissent from the formal teachings of the Church were ‘not the authentic path towards renewal.’
Under the current circumstances, Father Flannery has been effectively silenced, with no indication of how long it will last.
On Holy Thursday Pope Benedict issued a very direct statement which slammed those priests who refuse to conform to church teachings.
Sex Crimes and the Vatican Documentary
Created in 1962, a now infamous document was issued in secret to bishops. Called Crimen Sollicitationis, it outlined procedures to be followed by bishops when dealing with allegations of child abuse, homosexuality and bestiality by members of the clergy. It swore all parties involved to secrecy on pain of excommunication from the Catholic Church.
This document was reissued in 2001 by Cardinal Joseph Ratzinger and sent to all bishops. Yet rather than ordering more openness and cooperation with the authorities as demanded by both law enforcers and the victims, he reiterated its policies and ensured that the Code of Silence be applied to all cases of child abuse involving a priest. Cardinal Ratzinger also instructed that all cases should now be referred to his office directly and that he would maintain ‘exclusive competence’ over the handling of allegations. This is the Catholic Church’s policy to this day and Cardinal Ratzinger is now Pope Benedict XVI.
The policy laid out in the above document has led to systemic failure by the result that a significant number of priest have, in effect, been allowed to abuse again, and further children have been put at risk.
As the documentary explores, Colm O’Gorman is the man responsible for breaking open decades of abuse by Catholic Priests in Ireland in the BAFTA award-winning BBC special Suing the Pope. He links international ‘systemic evidence’ to argue the Vatican has a policy to cover up the sexual abuse of thousands of children across the world.
In Sex Crimes and the Vatican O’Gorman explores four separate cases internationally of widespread clerical abuse, putting the Roman Catholic Church on trial for the reckless endangerment of children. O’Gorman raises the question, ‘Is the Church in default of its obligation as a signatory to the UN Convention of the Rights of the Child?’
A link to the documentary: http://www.youtube.com/watch?feature=player_embedded&v=MwOV8QF9d88
With church abuse trial set to open, tensions abound
By John P. Martin
Inquirer Staff Writer
Sun, Mar. 25, 2012, 6:45 AM
The neighborhood that rings St. Jerome’s Church in Northeast Philadelphia is flush with cops and firefighters, reliable Catholics in brick homes with tidy lawns, backyard slides, and a few front-door crucifixes.
That was the backdrop last year for one of the more sordid clergy sex-abuse allegations to emerge in years. A grand jury report described a 10-year-old altar boy being confronted in St. Jerome’s sacristy after Mass, ordered to strip, and engage in sex.
Not once, but three times – by two different priests – over a year in the late 1990s.
On Monday, a Philadelphia jury is scheduled to start hearing about those accusations and one that looms larger: that leaders of the Archdiocese of Philadelphia could have predicted, or prevented, the attacks but instead followed a long-held practice of protecting the church and abusers within it.
The trial of Msgr. William J. Lynn, who for 12 years led the office that recommended priests’ assignments and monitored their conduct, marks the first in the nation for a church supervisor accused of covering up child sex abuse.
His arrest last year on child-endangerment charges, along with two priests and one defrocked cleric accused of molesting boys in the 1990s, stirred fresh outrage among Catholics and led officials of the 1.5 million-member archdiocese to suspend 26 priests, reexamine past claims, and vow to institute its second wave of reforms in six years.
The case has stoked national interest not because of who Lynn is but what his trial signifies. As hundreds of priests worldwide have been accused or convicted of molesting children, church leaders have consistently avoided prosecution, casting the crisis as an individual epidemic, not an institutional one.
Late last week, an eleventh-hour guilty plea from one of the defendants threatened to upend the trial. Defrocked priest Edward V. Avery admitted that he sexually assaulted the St. Jerome’s boy in 1999 and that he conspired with Lynn and others to endanger minors.
Avery is not cooperating with prosecutors, but lawyers for Lynn and the third defendant, the Rev. James J. Brennan, said widespread publicity about the plea might have tainted the jury. Common Pleas Court Judge M. Teresa Sarmina said she will rule Monday on their request for a delay to pick a new jury.
If it does go forward, the trial promises more, and potentially more jarring, revelations for Catholics, with implications beyond one cleric or one diocese.
The prospective witness list includes a deceased cardinal, Anthony J. Bevilacqua, forced from a reclusive retirement for a videotaped interrogation weeks before his death; two former Philadelphia bishops implicated in the shredding of an incriminating memo; and two men who say they were plunged into years of drug abuse and crime after being raped as boys by their parish priests.
Jurors are likely to hear a drumbeat of testimony about clerics molesting children and could see thousands of pages of never-released documents about their sexual misconduct, including personnel records so sensitive that they were locked away for years in filing cabinets known as “the secret archives.”
For more than a decade, Lynn was the keeper of those files and a key officer in the local church hierarchy. Now 61, he was suspended last year from St. Joseph Church in Downingtown, where he was pastor. A guilty verdict could mean years in prison and a victory for those who have faulted the church’s handling of sex-abuse allegations.
“Did a lot of bishops do very stupid things for which they should have been held accountable and they were not held accountable? Yes, absolutely,” said the Rev. Thomas Reese, a scholar at Georgetown University’s Woodstock Theological Center. “Now this is a chance again to send the church, to send the bishops, a message by prosecuting somebody.”
Lynn’s lawyers have used the same theory to argue his innocence. They say the monsignor was a middle manager unfairly “hung out to dry” by prosecutors eager to blame someone for years of unchecked abuse and by bosses who scrambled, or flat-out lied, to save themselves. They say an objective review shows Lynn used “good judgment” and tried to isolate abusers from children.
Bound by a gag order, the attorneys, Thomas Bergstrom and Jeffrey Lindy, have not outlined their trial strategy or said if Lynn will testify. But at one pretrial hearing, Lindy assured the judge: “Monsignor Lynn has a story to tell.”
Simply that a trial is taking place might be more significant than its outcome, said Patrick Wall, a former priest turned lawyer and victims advocate.
Since Lynn’s arrest, prosecutors in seven jurisdictions from California to New York have started exploring charges against priests’ superiors, according to Wall.
“Any time I’ve talked to a prosecutor and I’ve brought up Philadelphia, it gives them greater moral authority to do this,” he said. “Because most D.A.s were afraid to take on the Catholic Church.”
The trial comes seven years after another Philadelphia grand jury delivered a searing 418-page report that faulted archdiocesan leaders for their handling of sex-abuse claims. But that panel said it was hamstrung by laws that limited who could be charged and required sex crimes to be reported within a few years of occurring, despite advocates’ assertions that victims often wait decades to come forward.
For the latest investigation, District Attorney Seth Williams relied on an expanded statute of limitations and a 2007 amendment that made supervisors in child-care settings criminally culpable for abuse.
Lynn, the subject of withering criticism by the previous grand jury, became the primary target of the next one. “We believe that legal accountability for Msgr. Lynn’s unconscionable behavior is long overdue,” its report said.
While secretary for clergy between 1992 and 2004, prosecutors say, Lynn endangered children by recommending abusive priests for assignments that gave them access to children. They built their case around claims by two accusers, and with help from the archdiocese itself.
In January 2009, church officials forwarded to prosecutors a complaint that its victims’ assistance office received from the former St. Jerome’s altar boy. He was in the fifth grade in 1998, he said, when the Rev. Charles Engelhardt caught him drinking wine in the sacristy, began talking about sex, and told the boy they would soon have “sessions” on how to be a man. Engelhardt assaulted him a week later, he said.
The boy kept silent, but the cleric might not have. Prosecutors say Avery, who also lived at the parish, told the boy months later that he had heard about the “sessions” with Engelhardt and planned his own. Twice, Avery allegedly molested the boy in the church.
According to the grand jury, Lynn knew Avery had been removed from a Mount Airy parish over a sex-abuse allegation in 1992 and sent for treatment at St. John Vianney, a church-owned hospital. Prosecutors say the monsignor had recommended that Avery live at St. Jerome’s and work at nearby Nazareth Hospital, and was supposed to be monitoring Avery.
Now 69, Avery was defrocked in 2006. At least two more accusers have come forward since his arrest and could testify at the trial.
Engelhardt, 65, who belongs to the Oblates of St. Francis de Sales, an independent religious order, faces a separate trial. So does Bernard Shero, a 49-year-old former teacher at St. Jerome’s parish school accused of raping the same boy a year after the priests. Both argued they could not be part of an archdiocese conspiracy because they weren’t under Lynn’s supervision.
Brennan, 49, is charged with raping a 14-year-old boy while on leave from the archdiocese in 1996. Brennan allegedly targeted the boy after meeting him when both were at St. Andrew’s Church in Newtown, Bucks County. Prosecutors say the assault occurred after Lynn failed to act on complaints about Brennan’s misconduct with minors.
Defense lawyers are expected to hammer at the alleged victims’ accounts. The accusers, whose names are being withheld by The Inquirer, have histories of drug use, petty crime, and mental-health treatment. Both also have lawsuits pending against the archdiocese.
Brennan’s lawyer, William Brennan, who is unrelated, said Friday that his accuser had convictions for fraud, forgery, and theft – including stealing from his own family.
Lynn’s attorneys have targeted the law. In one of their many bids to derail the charges, and one that could seed an appeal, they contended Lynn can’t be guilty of endangering children in the 1990s because the statute didn’t apply to supervisors like him until 2007.
They also have challenged a pivotal February ruling by Sarmina, the judge, who said prosecutors can tell jurors about nearly two dozen other archdiocesan priests accused of sexual abuse over the last 40 years.
None of the others is charged in the case. But prosecutors, led by Assistant District Attorneys Patrick Blessington and Mariana Sorensen, have maintained that jurors can’t properly weigh Lynn’s recommendations for Avery and Brennan without considering what he and other church leaders knew – and how they reacted to other complaints.
“It’s always been our position that this was an archdiocese-wide policy, which in and of itself was criminal in nature,” Blessington said.
The archdiocese is paying for Lynn’s defense team of four lawyers because the accusations involve his job. Still, it is not clear if the church’s and the monsignor’s interests coincide or conflict.
Last week, Lynn’s lawyers said the archdiocese had refused to turn over decade-old letters that they said could show its lawyers guided church policy and Lynn’s decisions on sex-abuse allegations.
The defense team also pounced on what it portrayed as the closest thing to a smoking gun in the case: notes found in a locked safe that suggest Bevilacqua ordered aides in 1994 to shred a memo identifying 35 area priests suspected of sexual misconduct.
The lawyers say the memo, written by Lynn, proves that his bosses – the cardinal and his top assistants, Bishops Edward Cullen and Joseph Cistone – lied when they told grand jurors that Lynn made the key decisions about what to do with predatory priests.
Bevilacqua, who ran the archdiocese from 1988 until 2003, died in January after years of failing health. Still, he could be a crucial witness. In November, Sarmina ruled him competent to testify, and let lawyers grill him for seven hours during a private deposition that jurors might see.
In court filings, Lynn’s attorneys portrayed the prelate as a weary, sometimes confused witness. But he also is said to have clearly denied any wrongdoing and instead implicated his former secretary for clergy.
With white hair, glasses, and a stout frame, Lynn has been the only defendant to attend nearly all the pretrial proceedings. He typically comes with his sister, with whom he has lived since being suspended. While Avery and Brennan occasionally chat or joke with their lawyers, Lynn’s somber visage almost never changes.
His last public comments on the scandal came after the 2005 grand jury report, one that cited him hundreds of times, usually in a critical way. “I would never put a child in harm’s way,” Lynn told his parishioners from the altar. “I’m going to leave that to your judgment.”
Last September, six months after his arrest, Lynn drew a standing ovation during a dinner that the archdiocese’s newly installed leader, Archbishop Charles J. Chaput, hosted for priests. That same month, Chaput told an interviewer: “It’s really important to me, and I think to all of us, that he be treated fairly and that he not be a scapegoat.”
Lynn does evoke a certain amount of compassion in church circles, according to Nicholas Cafardi, a canon lawyer in Pittsburgh and author of a book about the U.S. bishops’ response to clergy sex abuse. “My read of the compassion is basically, ‘He did what he was asked to do, or what he was told to do.’ ”
Still, Cafardi said, the monsignor faces long odds of getting compassion from a jury. “There is no sympathy,” he said, “for the person in the dock in child-abuse cases.”
His Unholiness, the Papal Bullshitter, Pope Benedict, said he wanted to do all he could to make sure the church took care of us victims. Yet he is full of shit plain and simple. He is more concerned with protecting his own damn ass and the church than he ever was protecting children from the perverted priests he has running his churches.
By his own damn words he convicts himself as one of the true perverts of the Roman Catholic Church. I am copying this report directly from http://www.belfasttelegraph.co.uk/news/world-news/popersquos-child-porn-normal-claim-sparks-outrage-among-victims-15035449.html#ixzz1p7tlkhj3 and I am going to make comments as the sections go.
Victims of clerical sex abuse have reacted furiously to Pope Benedict’s claim yesterday that paedophilia wasn’t considered an “absolute evil” as recently as the 1970s.
In his traditional Christmas address yesterday to cardinals and officials working in Rome, Pope Benedict XVI also claimed that child pornography was increasingly considered “normal” by society.
How dare you, you sick and disgusting pervert leader of the Roman Catholic Church to claim that child pornography was considered “normal” by society. Which freaking society are YOU living in you sick and twisted pervert? I don’t know about you, but in the United States of America, you possess child pornography, YOU GO TO PRISON FOR IT, so is that normal to YOU, your Unholiness?
“In the 1970s, paedophilia was theorised as something fully in conformity with man and even with children,” the Pope said.
This just goes to show this pope more than likely molested children himself. He protects his child molesting priests, so what makes me think, with his reasoning and his words, that he himself does not molest children? How in the hell can he even call himself a man of god when he agrees that child porn and sex between an adult and children as normal and in full conformity? You are one sick and twisted individual Pope to be saying this crap out of your pie hole.
The Pope said abuse revelations in 2010 reached “an unimaginable dimension” which brought “humiliation” on the Church.
The ONLY humiliation that has been bought on the church is us victims. You could give two shits less about the victims, your Unholiness. You only care about protecting your ass, the asses of your pedophile priests and the billions the church has. You do not care one iota about us victims of your sick and twisted priests.
Asking how abuse exploded within the Church, the Pontiff called on senior clerics “to repair as much as possible the injustices that occurred” and to help victims heal through a better presentation of the Christian message.
First off how did this abuse explode within the church? Because the leaders knew about it and they freaking hid it. When they knew a priest was sexually abusing a child, what did they do? Did they turn them into the police department for prosecution like they should have? NO. Did they defrock the priest? NO. Did they bend over backwards to help the victim? HELL NO. What they did, these marvelous church leaders, including the present perverted Papal Bullshitter Benedict, was transfer these priests to other parishes so they could continue raping and molesting other children.
The leaders fought any and all attempts to bring this to light and they did everything they could to avoid prosecution of these priests and the leaders who covered it all up. They still are doing this. Yeah for about one year when this really broke out, they worked with the victims, mostly offering them as recompense for the horrors we went through, to pay for therapy and if the victim was lucky, they got about 20 grand for their ruined lives.
N.H. is a prime example of this. There was a Bishop named McConnell who actually cared about the victims and did what he could for them. Yet the Pope and all the other officials hate these kinds of Bishops. They want them to settle with the victims as little as possible.
Yet what price do you put on the pain and suffering we victims have been through?
I know what I am demanding. $25,000.00 per year for pain and suffering for 37 years of horror and nightmares, For all the suicide attempts and my undying hatred towards the christians and the christian god. I am also demanding $15,000.00 per year for 34 years for lost wages. Plus they are going to pay my lawyers fees and any and all money paid back to Social Security and Medicaid/Medicare for all the money they spent thanks to my insanity caused by the priest raping me. I am also demanding that the Roman Catholic Church set up at least six half way houses for abused men. Abused women have all the help they can get, but abused men have no where to turn to for real help. Well the RCC is going to help me rectify this at least in the state of NH. Either they settle for what I want or I will take their sorry asses to court and let a jury award me ten times this amount.
What better presentation will be the christian message? That the Papal Bullshitter, his bishops and priests can get away with raping children, covering it up, torturing us victims with your false bullshit? I do not want to hear a better presentation of the Christian message because as far as I am concerned, your Christian message is that you are special in that you can rape children with no punishment at all and think your god and jesus christ can protect you and when you die you are going to spend an eternity in heaven???? Bullshit, Papal Bullshitter, you, your bishops and your perverted priests will burn in hell for what you did to us children.
“We cannot remain silent about the context of these times in which these events have come to light,” he said, citing the growth of child pornography “that seems in some way to be considered more and more normal by society” he said.
This month is sort of an anniversary for me, one in which I wish with all of my heart I could forget.
When I was 14 years old I ran away from an abusive foster home I was at and was taken by the police to the St Thomas Moore Church in Durham N.H. That night, the priest who was supposed to protect me from all harm raped me. That night, the sick and twisted pervert destroyed my heart, my soul, my life. He drilled into my young mind, over and over again, if I told anyone I would burn for an eternity in hell. He also told me no one would believe me in the first place. He raped me orally and anally. He raped my mind and my soul, my heart and my body for about an hour or more then cuddled with me like I was a consenting lover.
Yet, His High Unholiness the Papal Bullshitter and his freak bishops and pervert priests do not care one iota about us victims. But what do you expect from these low life perverts? These are the Papal Bullshitters very own words about child rape and pornography.
In his traditional Christmas address yesterday to cardinals and officials working in Rome, Pope Benedict XVI also claimed that child pornography was increasingly considered “normal” by society.
“In the 1970s, paedophilia was theorised as something fully in conformity with man and even with children,” the Pope said.
Enough is enough. The victims of Clergy Abuse Deserve Justice. We the victims of the sick and twisted priests of the Roman Catholic Church and his High Unholiness the Perverted Papal Bullshitter Pope Benedict and his protectors need to be tossed into prison period. All statue of limitations and protections for these sick and twisted perverts should be immediately removed. They are pedophiles and perverts being protected under the Vatican being it’s own country and having it’s own rules and laws. Their laws state it is perfectly normal to rape and abuse a child. The Papal Bullshitter himself stated in one of his christmas addresses that child porno is considered normal as well as sex between an adult and a child.
So you people of the Roman Catholic Church are protecting your perverted priest and pope at the sake of your religion and at the destruction of the children eh? You RCC adherents are just as damn guilty as your priests, bishops and pope who covered this shit up. When are YOU adherents of the RCC going to DEMAND full accountability for what your priests and church leaders have done to children? Is it you just want to be ostriches and stick your heads in the sand and hope this scandal goes away and vanishes like a fart in the wind?
It is NOT gonna happen as long as victims of your perverted priests and pope such as I are still living and breathing.
In March of 1975 a priest at St Thomas Moore Church in Durham New Hampshire raped me. He destroyed my mind, heart, soul and body. My life has been a living hell since then. Now I am fighting back. I will NOT go quietly into that good night. I will fight these perverts to my last breath and I dedicate the rest of my life fighting this sick and twisted group of pedophiles and child rapists.