Pennsylvania Court Reinstates Conviction of Church Official over Handling of Sex Abuse Complaints

By Anne-Gerard Flynn
The Republican
April 28, 2015

http://www.masslive.com/news/index.ssf/2015/04/pennsylvania_supreme_court_rei.html

In this Jan. 6, 2014, file photo, Monsignor William Lynn walks from the criminal justice center after a bail hearing in Philadelphia. The Pennsylvania Supreme Court ruling Monday, April 27, 2015, upholds the 2012 conviction of Lynn over abuse committed by a diocesan priest years earlier. (Associated Press file)

The Pennsylvania Supreme Court has reinstated the conviction on child endangerment charges of a priest in the Archdiocese of Philadelphia.

Monsignor William Lynn, the first U.S. church official ever prosecuted over his handling of sex abuse complaints, had been freed of those charges by a 2013 appeals court ruling that overturned an earlier conviction. Lynn had served half of a three- to six- year sentence, and remained under house arrest in a Philadelphia rectory.

The Supreme Court, voting 4 to 1, on Monday upheld the 2012 felony conviction for endangerment of an altar boy. The child had been abused in 1998 by a priest transferred to a parish by Lynn despite earlier complaints against the priest who is now serving prison time. Lynn's lawyers argued that Lynn, who was secretary for the clergy in the diocese under two cardinals, including Anthony Bevilacqua from 1992 to 2004, was not responsible for the boy's welfare under existing state law that they said applied to parents and caregivers.

However, Lynn had testified, according to media reports, that he had created a list, in 1994, of some 35 priests accused of sexual abuse issues involving children. The list included the priest who would later be convicted in the 1998 charge.

"On the Commonwealth's appeal, we reverse the Superior Court, concluding that there is no statutory requirement of direct supervision of children. "Rather, that which is supervised is the child's welfare," said Justice Max Baer, writing for the court. Under the facts presented at trial, Appellee was a person supervising the welfare of many children because, as a high-ranking official in the Archdiocese of Philadelphia, he was specifically responsible for protecting children from sexually abusive priests."

The case further highlights for the Catholic Church the question of bishops' accountability for reporting cases of suspected sexual abuse of children by clergy. A Missouri Catholic bishop recently resigned as head of the diocese of Kansas City-St. Joseph, Bishop Robert Finn' resignation came more than two years after he was convicted of failing to report suspected child abuse by a priest.The Vatican did not link the resignation to Finn's conviction, but many in his diocese had lobbied for him to be removed. Finn was the first bishop to be convicted on such a charge. Pope Francis has stated there should be zero tolerance for the failure of any bishop to report such suspected abuse.

The Survivors Network of those Abused by Priests posted a response, from David Clohessy of St. Louis, to the Pennsylvania Supreme Court decision in the Lynn case.

"We are grateful the Pennsylvania Supreme Court reversed the reversal of Monsignor Lynn's conviction," said Clohessy, director of SNAP.

"Punishing wrong doers deters wrong doing, especially in scandal ridden institutions. Like the catholic hierarchy. For decades complicit church officials have exploited legal technicalities to evade justice. It is a victory for parents, parishioners, church goers, wounded victims and innocent kids each time corrupt church staffers are disciplined."

Lynn's lawyers have 14 days to appeal.

Contact: aflynn@repub.com