Judge Says Bevilacqua Can Be Called To Testify In Priest Child-Sex Case

CBS Philly

January 30, 2012 1:37 PM

Reporting Tony Hanson

By Tony Hanson

PHILADELPHIA (CBS) — The judge in an alleged clergy abuse case has again rejected a defense motion to prohibit the testimony of retired Philadelphia cardinal Anthony Bevilacqua on competency grounds, even though the defense contends that Bevilacqua can’t accurately remember many of his own actions during the last two decades.

The judge ordered Cardinal Anthony Bevilacqua’s testimony preserved — videotaped — in late November after finding the cardinal competent despite suffering from dementia and cancer .

But after hearing his testimony, defense attorneys for defendant Msgr. William Lynn renewed the competency issue, arguing that Belivacqua couldn’t even identify Msgr. Lynn — his Secretary for Clergy for over a decade — or remember his own previous testimony.

The defense argues that it would have no hope of fully cross-examining the cardinal about his actions or his earlier grand jury testimony.

But the prosecution is arguing that it’s for the jury to evaluate — to accept or disregard the cardinal’s testimony now.  And the judge has ruled that Bevilacqua can testify — that either side can call him or use his recorded testimony from November.

The judge says she will rule within a week on the admissibility of so-called “prior bad acts” evidence presented during three days of hearings last week.

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Church Cardinal Anthony Bevilacqua Competent To Stand Sex Abuse Trial

Huffington Post

30 January 2012

PHILADELPHIA — A retired Roman Catholic cardinal with dementia is competent and his recent deposition testimony can be used at an upcoming priest abuse trial, a judge ruled Monday.

A church official charged with child endangerment and accused of keeping pedophiles in ministry argues that Cardinal Anthony Bevilacqua can no longer recognize him, even though he served the cardinal for more than a decade.

Monsignor William Lynn, 61, is the first U.S. church official ever charged in the priest abuse crisis over accusations of administrative failings.

Prosecutors argue that Lynn and the archdiocese fed predators a steady stream of young victims for decades rather than expose the church to scandal – and costly lawsuits. Lynn served as secretary of clergy for the Archdiocese of Philadelphia from 1992 to 2004. He faces up to 28 years in prison if convicted on all counts.

His lawyers hint that he won’t go down alone. They stress that Lynn took his marching orders from Bevilacqua, who was never charged despite two grand jury reports that blasted both the cardinal’s leadership and his 10 grand jury appearances.

They say prosecutors are trying to make Lynn the scapegoat for the dozens of Philadelphia priests credibly accused of abusing children.

Prosecutors, though, say Lynn was among the select few who had access to sex abuse complaints kept in “secret archives” at the archdiocese.

No one was charged after the first grand jury report in 2005 because of legal time limits.

The second report last year recommended charging Lynn with child endangerment; prosecutors later added conspiracy charges as well. In court last week, they called the archdiocese “an unindicted co-conspirator.”

Lynn is set to go on trial in March with two co-defendants, a priest and a defrocked priest who are each charged with sexually assaulting a single boy, based on complaints filed under newly expanded time limits in Pennsylvania. Lynn’s defense lawyers want to limit the trial to his handling of those two men alone.

Prosecutors hope to tell jurors how Lynn and other church officials handled the careers of 27 other priests “credibly accused,” to show a pattern of behavior.

The judge heard details of those allegations, which range f rom “grooming” to fondling to rape, for several days last week. She pledged to rule by Monday.

“It’s very, very difficult, and maybe impossible, for us to defend 27 or 28 cases, which involve disparate elements and occurred 20, 30, 40 years ago,” Thomas Bergstrom, a lawyer for Lynn, argued Monday.

Assistant District Attorney Patrick Blessington debated the point.

“This case is not impossible, it’s (just) unprecedented,” he said.

Defense lawyers may call Bevilacqua to court if prosecutors seek to use his recent testimony. Bevilacqua was deposed in late November, to preserve his sworn statements in case he is unavailable during the months  long trial. The retired cardinal suffers f rom both dementia and an undisclosed form of cancer, church lawyers have said.

Brennan’s lawyer also wants to keep out the uncharged priest abuse allegations, lest his client get “swept up” by the tide.

“If that comes in, the danger we confront is whether my client, a Catholic priest, is going to be swept up in a perception that the Catholic Church, that the archdiocese, has a big problem, and he’s one of them, so he must be guilty,” said lawyer William Brennan, who isn’t related to his client.

Jury selection is scheduled for Feb. 21. The trial is scheduled to start on March 26.