PHILADELPHIA (PA)
Big Trial
By Ralph Cipriano
for Bigtrial.net
A day after the state Supreme Court reinstated Msgr. William J. Lynn’s conviction, the district attorney filed a motion in Common Pleas Court seeking to revoke Lynn’s bail and send him back to jail.
“Consistent with its prior rulings, this Court should, once again, revoke Defendant’s bail, thereby remanding him to the service of the remainder of his sentence,” said the motion filed today by District Attorney R. Seth Williams and Assistant District Attorney Patrick Blessington, who originally prosecuted Lynn.
Not so fast, said Thomas A. Bergstrom, who is Lynn’s lawyer. Bergstrom filed a response to the D.A.’s motion in Common Pleas Court today stating that the D.A. has applied to the wrong court. Any argument over Lynn’s bail should be dealt with in state Superior Court, Bergstrom asserted.
The Common Pleas Court does not have jurisdiction over the case, Bergstrom argued. After the state Supreme Court reinstated Lynn’s conviction, the Supreme Court specified that the case was to be remanded within 14 days back to the state Superior Court, where a number of appeal issues from Lynn’s original trial are still pending. …
In his response to the D.A.’s motion, Bergstrom wrote that he is going to file a motion in state Superior Court to have the case returned to the same panel of three Superior Court judges that reversed Lynn’s conviction. Bergstrom also plans to file a motion with that same panel to keep Lynn out of jail on the original $25,000 bail deposit of 10 percent imposed by Judge Sarmina.
“Any application for bail revocation or otherwise should be presented to the Superior Court as the Court on remand,” Bergstrom wrote. “The trial court is without jurisdiction to consider the current bail motion.”
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