Philadelphia Monsignor Gets up to Six Years in Prison
By Peter Loftus
"You knew full well what was right, Msgr. Lynn, but you chose wrong," Philadelphia Court of Common Pleas Judge M. Teresa Sarmina told him before handing down a sentence of three to six years in a state prison. Before the judge sentenced him, Msgr. Lynn apologized to the abuse victim at the center of the case. "I did the best with what I could…but the fact is my best was not good enough to stop the harm, and for that, I am sorry." Msgr. Lynn wasn't charged with abusing any children. His conviction was based on evidence that in the 1990s he recommended a new assignment for a priest, Edward Avery, to live in a rectory near a church school despite having determined that Mr. Avery committed sexual misconduct with a boy several years earlier. In his new assignment, Mr. Avery sexually assaulted a 10-year-old altar boy in 1999. The now-defrocked Mr. Avery is serving 2? to five years in prison after pleading guilty in March to involuntary deviate sexual intercourse and conspiracy. Msgr. Lynn's sentence fell short of the maximum of 3? to seven years in prison but was above court guidelines of nine months to 18 months. Judge Sarmina said she exceeded the guidelines because Msgr. Lynn endangered children who were exposed to Mr. Avery for several years after Msgr. Lynn became aware of the prior abuse allegations against Mr. Avery. She also said Msgr. Lynn facilitated and supported other accused priests, including one she called a "monster in clerical garb." "A lesser sentence would depreciate the seriousness of the crime," said Judge Sarmina. Victims' advocates and prosecutors were hoping for the maximum but said Tuesday the sentence would still send a message. "The message is clear: Victims have to come first, before institutions," Philadelphia District Attorney Seth Williams said after the sentencing. Msgr. Lynn's supporters called the sentence excessive, arguing that his hands were tied because his superiors controlled assignments for priests. Some said it was unfair that Mr. Avery, who pleaded guilty to committing abuse, received a lesser prison term than Msgr. Lynn. "I think there were extenuating circumstances in his position that made it difficult for him to give victims and their families counseling," said Michael McDonald, a member of the Downingtown, Pa., parish where Msgr. Lynn served as pastor before being placed on leave last year. Msgr. Lynn's defense attorney, Thomas Bergstrom, said that the sentence was "grossly unfair," and that he would file an appeal. Judge Sarmina set a hearing for early August to consider a request to release Msgr. Lynn on bail pending the appeal process; he has been jailed since his June 22 conviction. Msgr. Lynn's sentence is another milestone in a sex-abuse scandal that has shaken the Churchin the U.S. and elsewhere for a decade. Victims' groups heralded his conviction as an opening to law-enforcement officials in other cities to look anew at whether high-ranking church officials could be held criminally liable for looking the other way when priests under their charge were accused of abuse. The sentencing comes as the Catholic Church braces for another clergy-abuse trial set for September in Missouri. Kansas City, Mo., Bishop Robert Finn, the highest-ranking Church official to be indicted on a charge of allegedly failing to protect children, is awaiting trial on a misdemeanor criminal charge that he failed to report a priest found with child pornography. Bishop Finn has pleaded not guilty. Philadelphia prosecutors on Tuesday asked the judge for the maximum sentence, saying Msgr. Lynn endangered not only Mr. Avery's victim, but also hundreds of other children at the parish where Mr. Avery lived. Prosecutors also said Msgr. Lynn ignored pleas from people who reported abuse by priests to take stronger action against the accused priests, and that he never called police during his 12-year tenure as secretary for clergy. "He ignored it for the betterment of his interests and his institution," said Assistant District Attorney Patrick Blessington. Msgr. Lynn's lawyers, however, asked for a more lenient sentence of time served, probation, work-release or house arrest. They noted that Msgr. Lynn wasn't aware of the 1999 abuse of a boy by Mr. Avery until about a decade later, when a grand jury had been convened to investigate. Several people testified on behalf of Msgr. Lynn Tuesday, saying he has helped many people in his 36 years as a priest. "He is a kind and compassionate man who is much better off being a productive member of society than being a prison stat," said James Casey, who has known Msgr. Lynn since he was a priest at his Philadelphia parish in the 1970s. The jury last month acquitted Msgr. Lynn of conspiracy in the case of Mr. Avery and of child endangerment in the case of another priest, the Rev. James Brennan, who was accused of sexually abusing a boy. A mistrial was declared in Father Brennan's case after the same jury deadlocked on charges of attempted rape and child endangerment. Philadelphia prosecutors plan to retry Father Brennan. —Steve Eder and Jennifer Levitz contributed to this article. Write to Peter Loftus at peter.loftus@dowjones.com
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