Game Plan Set in Priest-Beating Trial

By Tracey Kaplan
Marin Independent Journal
May 8, 2012

http://www.marinij.com/ci_20578514/game-plan-set-priest-beating-trial

The judge in the high-profile case of a San Francisco man accused of beating up an elderly Los Gatos priest he claims molested him as a child took a grueling seven hours to hammer out a game plan Tuesday for the upcoming trial that gave both sides reason to rejoice.

For the first time, defendant Will Lynch's attorney publicly conceded that his client pummeled the Rev. Jerold Lindner two years ago at the Sacred Heart retirement and medical center in Los Gatos. That admission set the parameters for a June 20 trial and should make it easier for prosecutor Vicki Gemetti to prove Lynch committed felony elder abuse and assault.

But in a victory for the defense, Judge David A. Cena ruled that Lynch and up to three other people from a list of about 11 can testify that the Jesuit priest allegedly molested them as kids and threatened them with violence or death if they told anyone. Even though the judge narrowly limited that testimony to avoid inflaming the jury against the priest, it may well have an influence.

"We're not getting into details because there is a substantial danger of them being misused by the jury, of creating an emotional response," said Cena, adding that the priest would have to deny he molested anyone for the testimony to come in.

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, who were 7 and 5 at the time of the alleged abuse, a $625,000 settlement.

The priest cannot be prosecuted in Lynch's case 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 in effect at the time of the alleged abuse had elapsed.

Potentially strengthening the prosecution's case, Cena also ruled that Lynch cannot introduce evidence that he suffers from post-traumatic stress disorder. In a pretrial motion, Harris hinted he might argue that Lynch suffers from that disorder and acted out of self-defense during a confrontation with the priest, whom the Jesuits have acknowledged is on a list of molesters living at Sacred Heart.

If Lynch is convicted, however, the PTSD evidence could be presented at sentencing. Now 45, Lynch faces a maximum of four years behind bars. He could have negotiated a deal for court probation and up to a year in county jail, but has said he wants a trial so he can publicly raise awareness about clergy abuse.

The judge also denied a motion by the prosecutor to introduce evidence that Lynch was convicted of misdemeanor domestic violence 11 years ago, noting the conviction was expunged from his record and was "rather remote." Gemetti, however, can once again argue it should come in if character witnesses for Lynch leave her an opening.

The judge also denied the prosecutor's request to admit a potentially incriminating statement Lynch made in a 2002 article in the Los Angeles Times about Lindner's alleged sexual abuse of multiple children, titled "L.A. Priest Blamed for Legacy of Pain." Lynch was quoted as saying: "Many times I thought of driving down to L.A. and confronting Father Jerry, I wanted to exorcise all of the rage and anger and bitterness he put into me."

Cena and the lawyers spent the last hour of their marathon court session dickering over a written questionnaire to be given to prospective jurors. It will include more than 40 questions, asking about their religious affiliations and whether jurors or anyone else close to them have been sexually assaulted. Some jurors are likely to wind up having to be interviewed in private regarding their personal history, slowing the selection.

Contact: tkaplan@mercurynews.com