February 02, 2005

Judge Denies Shanley Motion in Abuse Case


Wednesday February 2, 2005 11:16 PM

AP legal Affairs Writer

CAMBRIDGE, Mass. (AP) - A judge rejected a request Wednesday from a defrocked priest's attorney to dismiss the child rape and indecent assault charges against him.

Two days after the prosecution wrapped up its case, attorney Frank Mondano said the evidence showed that Shanley's accuser has a false memory of being abused by former priest Paul Shanley in the 1980s.

``You have either a false memory or a repressed memory, and I submit that the evidence is greater on the false memory theory,'' Mondano said.

Prosecutor Lynn Rooney said there is no evidence the memory was implanted in the accuer's mind as the defense suggests.

Middlesex Superior Court Judge Stephen Neel rejected Mondano's motion, saying the question will have to be answered by the jury.

Posted by kshaw at February 2, 2005 06:34 PM