Conviction of Monsignor in Abuse Case Overturned

PHILADELPHIA (PA)
The New York Times

By ERIK ECKHOLM and STEVEN YACCINO
Published: December 26, 2013

A Pennsylvania appeals court on Thursday overturned the criminal conviction of a Roman Catholic official who was accused of covering up sexual abuses by priests he supervised. The court rejected the legal basis for a prosecution that was viewed as a milestone in holding senior church officials accountable for keeping abuse reports secret in past decades and transferring predatory priests to unwary new parishes.

The official, Msgr. William J. Lynn of the Archdiocese of Philadelphia, has spent 18 months in prison, but was not released and now must apply for bail.

He was the first senior church official in the United States to be criminally indicted not for abusing children himself, but for lax oversight of priests with histories of committing sexual abuse.

His conviction in June 2012 on one count of child endangerment, and sentence of three to six years in prison, was lauded by victim advocates as an overdue assignment of responsibility to senior church officials. But it was portrayed by Monsignor Lynn’s supporters as overly harsh for a man who made misjudgments but was following the orders of an archbishop, who has since died.

Thomas A. Bergstrom, a lawyer for Monsignor Lynn, called the ruling “a strong opinion by a unanimous court.” He said of the monsignor: “He shouldn’t have been convicted, He shouldn’t have been sentenced.” …

“The process of taking this case through the criminal system likely stirred as much change as any conviction,” said Timothy D. Lytton, a professor of law at the Albany Law School and the author of “Holding Bishops Accountable.”

Two grand jury reports and the Lynn trial showed “in excruciating detail,” Mr. Lytton said, that Philadelphia church officials “placed concern about scandal to the church above child welfare.” …

Whether or not the conviction stands up, Monsignor Lynn’s trial remains a warning to church officials everywhere, said the Rev. Thomas J. Reese, a senior analyst with The National Catholic Reporter and expert on church leadership.

“Everyone in the chancery now knows they could be arrested and prosecuted if they do not follow the law carefully,” he said.

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