10 Alternates Seated for Philly Priest-abuse Trial

San Antonio Express-News
March 5, 2012

http://www.mysanantonio.com/news/article/10-alternates-seated-for-Philly-priest-abuse-trial-3383357.php

Ten alternates have been chosen to join a dozen jurors seated for a landmark priest-abuse trial in Philadelphia.

Monsignor William Lynn is set to go on trial March 26, the first U.S. church official charged with child endangerment in the Roman Catholic priest-abuse scandal.

Prosecutors allege the long-time secretary for clergy in the Roman Catholic Archdiocese of Philadelphia endangered children by transferring priests accused of child sex-abuse from parish to parish. He is also charged with conspiracy for allegedly protecting two priests charged with rape.

Lynn, 61, has pleaded not guilty and says he took orders from the late Cardinal Anthony Bevilacqua. Lynn's attempts to have the charges thrown out before trial have been unsuccessful. His lawyers have repeatedly argued that he did not directly supervise any children, which they deem a requirement of the state's child-endangerment law. But Common Pleas Judge M. Teresa Sarmina has so far rejected the claim.

Prosecutors said Monday they expect the defense may file a last-ditch motion to dismiss based on selective prosecution. They themselves have called the archdiocese and others "unindicted co-conspirators" in the case. Two separate grand juries have blasted Bevilacqua and his successor, retired Cardinal Justin Rigali, and their top aides for their handling of the abuse claims, but Lynn alone was left to defend criminal charges.

Lynn's lawyers should not be able to argue selective prosecution at trial unless they file a motion to dismiss on those grounds before trial, Assistant District Attorney Patrick Blessington said in court Monday.

Defense lawyer Jeffrey Lindy did not immediately show his hand. He is barred from commenting outside of court because of a gag order.

Earlier this month, Lynn's lawyers said they had new evidence showing that Bevilacqua had a list of accused, still-active priests destroyed in 1994 — a decade before the scandal exploded.

Lynn had prepared the list based on complaints he found in secret archives at the archdiocese. Prosecutors said the memo only showed the depth of Lynn's involvement in the church conspiracy. Sarmina again refused to drop the case.

Lynn is now poised to go on trial with two alleged abusers, the Rev. James Brennan and defrocked priest Edward Avery. Each is charged with raping a teenage boy in the 1990s.

Many of the jurors chosen for the case have ties to the city's Catholic schools and parishes, but vowed to be fair to both sides. One potential juror questioned Monday belongs to St. Jerome's, the northeast Philadelphia parish where Avery and two others allegedly abused the same altar boy in the 1990s. The juror sent his son, an altar boy, to the parish school at about the same time. He was dismissed.

Six men and six women are on the jury. Alternates chosen Monday include an airport security guard and a retired hospital worker.

The trial is expected to last up to four months.