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  Lawyers Want Judge to Dismiss Charges in Clergy-sex Abuse Case

By John P. Martin
Philadelphia Inquirer
September 7, 2011

http://www.philly.com/philly/news/129392833.html

Lawyers for Mgsr. William J. Lynn, the former Catholic church official awaiting trial on charges of covering up clergy sex abuse, on Wednesday asked the trial judge to lift her gag order and dismiss or move the trial, contending their client had been unfairly tarnished in a "firestorm" of unbalanced media coverage.

In motions to Common Pleas Court Judge M. Teresa Sarmina, attorneys Thomas Bergstrom and Jeffrey Lindy pointed to prosecutors' recent release of thousands of pages of grand-jury testimony and the subsequent reports about it in The Inquirer.

They contended that prosecutors violated court rules by not first getting a judge's approval to attach typically secret grand jury testimony to a public filing.

"This avalanche of material released to the press has created a one-sided and, in certain cases, a distorted view of the events - material which may never be deemed admissible in a trial setting," the lawyers said in their motion.

Lynn, 60, faces trial next March on endangerment and conspiracy charges in connection with the alleged sexual assault of two boys in the 1990s. Three other current and former priests are charged with rape in those alleged incidents.

Prosecutors say Lynn, as the Secretary of Clergy for the Archdiocese of Philadelphia, knowingly placed abusive priests in posts that led to the alleged assaults.

He is believed to be the only church official nationwide criminally accused of covering up sex assaults on children or protecting the abusers.

Through his lawyers, Lynn has strenuously denied the charges and vowed to be vindicated at trial. But with jury selection almost six months away, the slow drip of evidence related to the case and their inability to counter it is hurting their client, Lindy and Bergstrom contend in their motions.

"After all, many reading these articles will likely be members of the jury pool from which all parties will seek a fair and impartial jury," they wrote.

Judge Renee Cardwell Hughes was the first to impose a gag order on the defendants and lawyers in the case, citing the widespread media attention on the case.

Sarmina, the third judge to handle the case, has left that order intact.

 
 

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