BishopAccountability.org
 
 

Court Reverses Philadelphia Monsignor’s Conviction

By Tamara Audi
Wall Street Journal
December 26, 2013

http://stream.wsj.com/story/latest-headlines/SS-2-63399/SS-2-413892/

[court document]

Msgr. William Lynn, shown in 2012, has been jailed for more than a year for his handling of priest sex-abuse complaints. Associated Press

A landmark criminal conviction of a Roman Catholic monsignor imprisoned for his handling of sexual-abuse allegations was overturned Thursday by a Pennsylvania appeals court.

A three-judge Superior Court panel ordered the release of Msgr. William Lynn, the first U.S. Catholic official ever convicted of a criminal charge related to the alleged coverup of sexual abuse of minors by other priests.

Msgr. Lynn, who served in the Philadelphia Archdiocese as a top aide to its archbishop, could be released as early as this week, his lawyer said. He already has served 18 months of a three-to-six-year sentence after a Pennsylvania jury last year found him guilty of child endangerment for allowing a priest accused of sexual abuse to continue to have contact with children.

In overturning his conviction, the court said it “cannot dispute” that there “was more than adequate evidence” presented at trial showing that Msgr. Lynn “prioritized the Archdiocese’s reputation over the safety of potential victims of sexually abusive priests.”

But, the court said, that wasn’t sufficient to prove that Msgr. Lynn was guilty of child endangerment or had “specific information that [the accused priest] intended or was preparing to molest…any other child.”

“I’m gratified and happy,” said Msgr. Lynn’s lawyer, Thomas Bergstrom, adding that the archdiocese has been supportive of Msgr. Lynn, who hopes to remain with the church “and fulfill some priestly duty” once released.

Msgr. Lynn wasn’t accused of abusing children himself.

Philadelphia District Attorney Seth Williams said he would “most likely” appeal Thursday’s decision. “I am disappointed and strongly disagree with the court’s decision,” he said in a statement released through a spokeswoman.

Mr. Williams can appeal to the full Superior Court. After that, the case could go to the Pennsylvania Supreme Court.

Mr. Bergstrom said a trial-court judge can release Msgr. Lynn even with an appeal pending or under way. A spokeswoman for the district attorney, however, said Msgr. Lynn would remain in prison during any appeal.

The case is being closely watched, as other Catholic leaders are under scrutiny for their handling of the abuse scandal that has roiled the church for years. Critics are especially angry at the documented shuffling of abusive priests to new posts in different dioceses.

In recent years, dozens of dioceses have released thousands of documents detailing abuse stretching back decades as victims have come forward to sue.

It was unclear what impact, if any, Thursday’s decision would have on other cases or potential prosecutions of church leaders. After the Archdiocese of Los Angeles released new documents this year showing church officials’ alleged attempts to shield abusive priests from law enforcement, the L.A. district attorney’s office said it would review the files and examine the responses of top officials.

On Thursday, the L.A. district attorney’s office said it was still reviewing the files. No criminal charges have been filed.

Abuse victims lamented Thursday’s decision, saying it would send a message that church leaders won’t be held responsible. “This ruling gives corrupt Catholic officials encouragement to continue deceiving police, stonewalling prosecutors, ignoring victims, destroying evidence, fabricating alibis, hiding crimes, and protecting pedophiles,” said David Clohessy, director of Survivors Network of those Abused by Priests.

Critics of such prosecutions welcomed the decision. “These rapacious lawyers who want to get a bishop are really going to have to think twice about this,” said Bill Donohue, president of the Catholic League for Religious and Civil Rights, a conservative Catholic group.

The Philadelphia Archdiocese said Thursday it had “expressed a hope that the nature of the sentence imposed on Monsignor Lynn would be objectively reviewed. That has happened.”

The archdiocese added that the decision “does not and will not alter the Church’s commitment to assist and support the survivors of sexual abuse toward healing or our dedicated efforts to ensure that all young people in our care are safe.”

Msgr. Lynn still faces civil suits by abuse victims who claim he should be held responsible, along with the alleged abusers. Those cases won’t be affected by the court’s decision, said Marci Hamilton, a lawyer representing the victims in the civil suits, and a professor at the Benjamin N. Cardozo Law School at Yeshiva University. “It’s a ruling on a technicality on a criminal charge,” she said.

Msgr. Lynn has denied responsibility for the suffering of alleged victims in the civil suits, his lawyer said.

Corrections & Amplifications

The Archdiocese of Los Angeles released new documents in 2013 showing church officials’ alleged attempts to shield abusive priests from law enforcement. An earlier version of this article said it released the documents in 2012.

 

 

 

 

 




.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.