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	Judge Postpones Bevilacqua Hearing By John P. Martin Philadelphia Inquirer September 7, 2011 http://www.philly.com/philly/news/129389423.html A Philadelphia judge Wednesday postponed a hearing to determine whether Cardinal Anthony J. Bevilacqua is competent to testify for the forthcoming trial of one of his top aides charged with covering up child-sex abuse by priests. The order by Common Pleas Court Judge M. Teresa Sarmina didn't cite a reason for scrapping Monday's hearing, and didn't indicate if or when it might occur. The next planned hearing on the case is Oct. 7, records show. If it occurs, the proceeding would mark the first public appearance for the reclusive cardinal since the February arrests of three former and current priests on rape and sex-assault charges, and a scathing grand-jury report that painted the Archdiocese of Philadelphia as unresponsive to clergy sex-abuse victims. The same grand jury investigation led to endangerment and conspiracy charges against one of Bevilacqua's key assistants, Mgsr. William J. Lynn. As secretary of clergy, Lynn was the administrator who fielded abuse allegations and recommended where to place priests after they had been accused or treated for molesting children. The legal clash over Bevilacqua's testimony started in July when prosecutors, seeking to bolster their conspiracy claim, filed 1,200 pages of transcripts from the cardinal's 2003 and 2004 appearances before the first Philadelphia grand jury to examine clergy sex abuse. Lynn's lawyers contended that old testimony should be inadmissible in the current case because they can't cross-examine the 88-year-old cardinal, who officials have said has been diagnosed with cancer and dementia. So prosecutors asked the judge for the right to question the cardinal anew - and to videotape it in case he's unable to testify during the trial next spring. Their deposition, which could include cross-examination by attorneys for Lynn and his codefendants, could take days. Assistant District Attorneys Mark Gilson and Mariana Sorensen also asked for the hearing to take place in open court, arguing that Bevilacqua should be treated as any other witness in a criminal matter. Still pending is a request by Bevilacqua's attorney that he be spared from testifying at all - or that he be allowed to do so in private, at his residence on the grounds of St. Charles Borromeo Seminary. Lawyer Brian J. McMonagle contends that prelate is too sick to testify, and that prosecutors are trying to make him "walk the gauntlet" by coming to the courthouse under a wide media spotlight. Bevilacqua retired in 2003, after 15 years as the leader of the 1.5-million member archdiocese. A spokeswoman for the Philadelphia District Attorney's office deferred all questions on the matter Wednesday to the judge. McMonagle couldn't be reached for comment. Under a gag order imposed by Sarmina, the prosecutors, defense lawyers and defendants are barred from speaking publicly about the case.
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