Two Disputes Over the Words “And/Or” Leave Jurors Confused And/Or Frustrated

PHILADELPHIA (PA)
Philadelphia Priest Abuse Trial Blog

Ralph Cipriano

UPDATED TUESDAY

Lawyers in the Archdiocese of Philadelphia sex abuse case spent Monday and Tuesday haggling with Judge M. Teresa Sarmina over the meaning of two charges to the jury. Both disputes came in answer to questions raised by jurors over the words “and/or.”

When the haggling was over, the first dispute was resolved with an “and or,” to the detriment of Msgr. William J. Lynn, because it gave the jury more latitude to find him guilty of a conspiracy charge. The resolution of the second dispute with simply an “and” appeared to be a gift to the other defendant in the case, Father James J. Brennan, because it made it more difficult to convict him on a charge of endangering the welfare of a child.

On Tuesday, jurors appeared confused over the disparity in the judge’s answers. In effect, they sent a note to the judge, asking why what was good for the goose wasn’t good for the gander.

The judge told jurors they had asked an “astute question,” but then she said she basically couldn’t give them a straight answer. “It’s for legal reasons,” she said. Five minutes later, the jury sent another note to the judge. It was 3:20, but the jurors wanted to go home for the day, an hour earlier than usual.

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