CALIFORNIA
Santa Cruz Sentinel
By Tracey Kaplan
tkaplan@mercurynews.com
mercurynews.com
Posted: 06/25/2012
A Santa Clara County judge has stricken the key testimony of a retired Catholic priest who is the victim in a beating case after he invoked his right against self-incrimination and refused to answer more questions.
Judge David A. Cena also indicated Rev. Jerold Lindner can legally invoke 5th Amendment rights and refuse to continue his testimony.
But Cena indicated he will move forward with the trial against Will Lynch, who is accused of assaulting Lindner at a Catholic retirement center in Los Gatos in 2010.
Lynch’s attorneys said it is unfair to proceed with the case because the jury has already heard 40 minutes of Lindner’s testimony and defense would have no opportunity to cross-examine him. They said the jury heard half the story.
The trial was adjourned in the mid-afternoon and will reconvene at 8:30 a.m. Tuesday, at which time the defense is expected to formally put their objections on the record.
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