CALIFORNIA
Patch
By Sheila Sanchez
A mistrial motion filed Friday afternoon citing prosecutorial misconduct and suborned perjury was denied this morning by Santa Clara County Superior Court Judge David Cena, who’s presiding over the high-profile Los Gatos priest-beating case.
After attorneys representing William Lynch, accused of beating Father Jerold Lindner at the Sacred Heart Jesuit Center in Los Gatos in May of 2010, and Santa Clara County Deputy District Attorney Kevin Smith defended his colleague, prosecutor Vicki Gemetti, Cena ruled that the prosecution wouldn’t knowingly use perjured testimony to obtain a conviction on the case.
Cena further ruled that Lindner’s testimony denying the molestation accusations didn’t relate to either of the crimes with which Lynch is being tried for, assault and elder abuse of the priest, the judge said.
Cena also stated that Lindner has never stated that he’s molested anyone and has never been convicted of any molestation charge. He also said the defense had failed to prove that his testimony is 100 percent false when he denied abusing Lynch.
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