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Jury Selection Begins in Los Gatos Priest Beating Case

Trial, or presentation of the evidence, set to start at 9 a.m. June 20 in department 34 of the Santa Clara County Courthouse.

A San Francisco man accused of beating a priest at the in May of 2010 hasn't taken the stand yet to answer to the charges, yet his defense attorney on Friday said they've never denied the assault took place.

"We've never denied it ... We've never denied it," repeated William Lynch's attorney Pat Harris, with the Los Angeles-based law firm of Geragos & Geragos. "We've never denied that he [William Lynch] was the person who assaulted him (Father Jerold Lindner]. He was the person who confronted him there. He was the person there that day," Harris said.

Without having to contend that controversial fact, Harris said he was successful at getting Santa Clara County Superior Court Judge David Cena to allow him to present some witnesses who will testify about the motives.

The defense contends they were related to the priest's supposed rape and sodomizing of Lynch and his brother when they were small boys, 7 and 4, in the '70s while on camping trips in the Santa Cruz Mountains.

"Mr. Harris did inform the court that he expected that they would not be contesting that an assault happened," said Santa Clara County Deputy District Attorney Vicki Gemetti. "But technically, the defendant hasn't admitted anything."

Cena ruled during a May 8 motions and in limine hearing, or pretrial motions, that he will allow some testimony to impeach the defrocked Jesuit priest if he were to deny certain incidents related to his credibility.

Lindner has denied for years that he abused anyone. He has also never been charged with sexual abuse. The Rev. John P. McGarry, the former provincial of the California Province of the Society of Jesus, denied last year that Lindner was a threat to the community.

However, Lynch and his brother received $625,000 in a 1998 confidential settlement with the Order for alleged abuse by the priest.

Lynch will be allowed to bring up the fact that Lindner allegedly molested him on certain dates and a certain number of incidents and Harris will decide who those witnesses will be, Gemetti explained.

About Harris wanting to present during the trial information related to Lynch's alleged suffering of Post Traumatic Stress Disorder, Gemetti said the court has ruled that expert testimony along those lines is not admissible.

The court, however, has also indicated that it's willing to reconsider all of its rulings, if the facts and circumstances change.

"He's [Judge Cena] essentially making rulings based on what he expects the facts to be and if those facts differ, then he'll change his rulings and that goes for all motions," Gemetti explained.

For example, Gemetti said, the defense moved to exclude prior convictions of the defendant and she said she didn't object to that, but it was dependent on how evidence is presented during the trial. Depending on how that goes, she may ask the court to reconsider that motion.

The court, she said, would be willing to reconsider that request, if there were reasons to do so. "This is not uncommon in any trial. Trials are fluid ... legal rulings that were previously made may become relevant," she added.

Gemetti said she never filed a motion to admit Lynch's prior convictions and that it was Harris who asked they be excluded and that motion was granted. One such domestic violence misdemeanor 11 years ago will not be allowed, she said.

Jury selection takes place today and Tuesday, May 15, a process also known as jury hardships, in department 34 on the fifth floor of the Santa Clara County Superior Court Hall of Justice in San Jose.

Harris and Gemetti will decide who the 12 jurors and two alternates will be. A final decision on the panel is expected May 21, Gemetti said.

Juror hardships are being determined such as whether those summoned by the court have legitimate excuses not to serve during the upcoming high-profile trial, such as having a pre-paid vacation, being students with exams, or facing financial burdens if they're selected.

Those found eligible will fill out a jury questionnaire and will be querried by the attorneys on May 21 using their pre-emptory challenges that can be exercised during this process. They will then go back and forth to determine which jurors will be sworn in, Gemetti added.

Evidence will begin to be presented at 9 a.m., June 20 in Judge Cena's courtroom.

Lynch, 43, has been

Harris said his client is doing well and "is ready for his day in court," and stressed that he doesn't believe his client should be found guilty of the assault charges.

Lynch's supporters, who include members of the Survivors Network of Those Abused by Priests (SNAP), plan to attend the trial and use the case to continue to speak against alleged sexual abuse crimes at the hands of priests and religious brethren in several orders in the Roman Catholic Church.

LoyolaAlum May 14, 2012 at 10:44 PM
A Catholic priest died suddenly across the street from this same courthouse within hours of Fr. Lindner dropping him off. Lindner said that this priest was no friend of his in a deposition. There is a headstone for this priest a few miles from the courthouse.
Jim Thrall May 14, 2012 at 11:51 PM
Apparently, the rap sheet for this priest is long and distinguished. He has been accused of abusing many children, including family members. Such a body of corroborating evidence still does not justify vigilante "justice" by this defendant. Jurors have a hard job to do. I wish them wisdom, mercy, and justice.
LoyolaAlum May 15, 2012 at 01:23 AM
Fr. Lindner was at Loyola High School in Los Angeles for fifteen years in the 1980s and 1990s. Jesuit Fr. Eugene Growney removed Fr. Lindner at Loyola High due to sex abuse allegations. Fr. Growney died at the Jesuit Los Gatos retirement home while Lindner was a resident. Growney did not live long after he arrived although he was ill. It is a bad Jesuits practice to have an ill person, who was in a position of authority over someone like Lindner, to spend his last days at the same facility as Lindner, an alleged violent person. Lindner may have harbored a grudge against Growney for the previous disciplinary action and Growney was defenseless. Fr. Growney served at St. Ignatius College Preparatory, San Francisco several times during his career. Also the Catholic priest who died suddenly across the street from the San Jose courthouse had Fr. Growney’s card with him at the time of his death.
Joey Piscitelli May 15, 2012 at 03:22 AM
William Lynch is the victim in this trial. The person responsible for any wrong-doings is the serial molester who was allowed access to children. Fr. Lindner is the direct cause of the suffering of his victim that made him lash out. I think that the Jesuits, and their pedophile friendly DA are typical of the despicable conduct that enables child molestation to continue. I expect the DA to hold hands with the Jesuits clear up to the day that she is offerred a well paying job at the Sacred Heart Pedophile Playground. wink wink.... In the meantime, what has the DA done to protect kids from harm from the molesters who vacation in luxury at the Jesuit Center? Nothing. Zero. Nada. I wonder what kind of carrot the Jesuits are dangling for the DA bunny. I went to a Jesuit conference on Friday in Santa Clara. There were several law enforcement officials, judges, prosecuters, and professionals there who were getting money showered all over them by Jesuits who have hired them to now work for the Society of Jesus. I think Ms. Gemmeti might know some of them? Maybe she was at the conference, giving out cards, assurring them of how the DA's office won't tolerate any rape victims hurting sick, filthy, unconscionable Jesuit molesters. Note: Fr. Lindner has been a serial child rapist for decades, with countless victims, and no DA has ever prosecuted him. Well isn't that a surprise? And everybody wonders why the clergy abuse crisis has continued for 100's of years.
LoyolaAlum May 15, 2012 at 12:55 PM
Any alum of a California Jesuit school may be interested in the access that Fr. Lindner has to the retired and infirm Jesuits, who taught them in high school and college and who now live with Lindner at the Los Gatos Jesuit retirement facility. Lindner has reportedly made death threats against people who were defensesless.
LoyolaAlum May 16, 2012 at 08:01 PM
In regard to the reports of violence and death threats by Fr. Lindner: Trial begins for Catholic priest accused of trying to hire hit man to kill accuser http://crimeblog.dallasnews.com/2012/05/priest-accused-of-trying-to-hire-hit-man-to-kill-accuser-on-trial-in-dallas.html/
Judy Jones May 17, 2012 at 02:27 PM
Let’s hope that every person who saw, suspected or suffered sex crimes by Fr Jerold Lindner, will find the courage and strength to speak up, call police, expose wrongdoing, protect kids and start healing. Judy Jones, SNAP Midwest Associate Director, USA, 636-433-2511 snapjudy@gmail.com (SNAP, the Survivors Network of those Abused by Priests, is the world's oldest and largest support group for clergy abuse victims. SNAP was founded in 1988 and has more than 12,000 members. Despite the word "priest" in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers and increasingly, victims who were assaulted in a wide range of institutional settings like summer camps, athletic programs, Boy Scouts, etc. Our website is SNAPnetwork.org)
LoyolaAlum May 17, 2012 at 04:22 PM
In regard to the ongoing priest trial of the priest charged with hiring a hit man to eliminate his abuse accuser simply enter “Fiala” into Google News
LoyolaAlum May 18, 2012 at 04:24 PM
Ex-priest, who plotted the murder of teen who accused him of gunpoint rape, sentenced to life in prison by Dallas jury Source: Daily Mail Reporter, U.K. 18 May 2012 A former Roman Catholic priest accused of sexually-assaulting a boy at gun point and then hiring a hit man to kill him has been charged with life imprisonment. John Fiala met with the alleged hit man in November 2010 and offered to pay him $5,000 to murder the youth, instructing him to “chop his head off”.
One Indian May 27, 2012 at 08:40 AM
Id beat that priest ass after the trail and every time I saw him after that. Raping bastards, all of them. Either by the actual violence or the covering it up for those who do. Remove the Catholic Church from our lands.
LoyolaAlum June 07, 2012 at 02:07 PM
Don't tell anyone, or I'll kill you said Fr. Jerold Lindner. Bart [Lynch] was four, he remembers, when Father [Jerold Lindner, S.J.] assaulted him in the course of a CFM camping trip. "Violence is the key issue, even more important than the sexual abuse. I literally feared for my life. Whispering in my ear, Father Jerry said, 'You want to live, don't you. Don't tell anyone, or I'll kill you.'" This was after Father Jerry had sodomized the four-year old. "I remember blood in my pants and Father Jerry burying them in the woods".... But before the formal charges were laid, the Jesuits were made aware of the accusations against Father Jerry made by the two Lynch brothers. In May of 1997, so Father Jerry has testified, he met with the Father Provincial, John Privett and also with Father Sonny Manuel, another senior Jesuit. According to testimony, Manuel said it was okay for Father Jerry to continue teaching at Loyola High, but that he couldn't lead youth groups to Europe because the agency running the trips would have to be informed of the lawsuit. [Michael Meadows, "The Case of Father Jerry," Counterpunch 1999: http://www.counterpunch.org/sexabuse.html] Source: http://www.wf-f.org/AMDG-not.html
LoyolaAlum June 11, 2012 at 03:11 PM
The start of the Jerry Sandusky trial is a sad reminder that next week a San Jose trial begins in which Jesuit priest Jerold Lindner, an alleged $2 million in settlements sex abuser, will be portrayed as a victim.
Joey Piscitelli June 11, 2012 at 11:50 PM
It's truly an imbalanced and unfair world where the law allows, and turns a blind eye to the violation of children and the vulnerable, without flinching. Jerold Lindner is a flaming example of the deterioration of the very purpose of law; one only has to read the despicable stories of his unchecked and unpunished debauchery. He is now being rewarded by the same people who claim to represent law; the prosecuters who have fallen under the spell of the Jesuits who control them. This story is not only detestable and an insult to child abuse victims, it is a reminder that the justice system has failed completely.
LoyolaAlum June 17, 2012 at 07:31 PM
The pedophile priest (alleged) of Los Gatos with $2 million in pedophile settlements is expected to testify on Wednesday, June 20th.
LoyolaAlum June 18, 2012 at 03:05 PM
Bishop Accountability has Fr. Jerold Lindner articles. Just input “Jerold Lindner.” http://www.bishop-accountability.org/
LoyolaAlum June 18, 2012 at 09:16 PM
New Comprehensive Info on Fr. Lindner by Bishop Accountability http://www.bishopaccountability.org/assign/Lindner_Jerold_W_sj.htm

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