CALIFORNIA
San Jose Today
Posted by Christopher Schumb on Tuesday, July 10, 2012
The verdict is in for the William Lynch Trial, and unsurprisingly it was “not guilty” on all felony counts. The jury did hang 8-4 for “guilty” on a misdemeanor battery charge, but Mr. Lynch was never charged with the misdemeanor count by the District Attorney—it was added by Judge David Cena as a “lesser included offense,” which allows the jury to find him guilty of a less serious offense if the court believes there is evidence to support such an instruction.
The difference between felony and misdemeanor battery is the severity of the injury inflicted on the victim. Felony battery requires a showing of force that would have inflicted great bodily harm, whereas misdemeanor battery is merely “touching” done without consent in a rude or insolent manner.
The not guilty verdict was not a surprise to most experienced attorneys. As one juror noted, it is tough to find someone guilty of a crime when the court tells you that you cannot rely on the testimony of the victim. Indeed, many felt that the defense was crazy to move for mistrial after Father Jerold Lindner’s testimony was stricken by Judge Cena, after the priest invoked his Fifth Amendment Right to remain silent. Once the priest’s testimony was out, the allegations of sexual abuse were no longer relevant evidence, because the Judge had ruled it was admissible only to impeach Father Lindner’s credibility.
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