Will Lynch trial: Defense alleges prosecutorial misconduct
Prosecutors in the San Jose priest-beating trial have said they pursued the case despite the accused man's understandable motive -- retaliating against the cleric he said brutally molested him as a child -- because it's the right thing to do.
No matter how good the motive, they said, victims cannot be allowed to mete out justice in defiance of the rule of law.
But now, lawyers for the priest's alleged assailant, Will Lynch, are filing a second motion for a mistrial, claiming among other grounds that prosecutor Vicki Gemetti violated the rule of law herself -- by withholding evidence and lying about it.
Gemetti told the lawyers and judge she did not know what the victim and star witness -- the Rev. Jerold Lindner -- would say in court when she asked if he molested Lynch and his then-4-year-old brother on a camping trip in the Santa Cruz Mountains in the mid-1970s. The defense had asked for the information in multiple discovery requests right up until Wednesday, the first day of trial, so the lawyers could prepare to cross-examine him. Gemetti that morning "stated she had not discussed it (with the priest) and that she had no idea what he was going to say," according to the motion.
Gemetti also told the jury the same thing, saying, "The evidence will show he molested the defendant all those years ago. What he'll say about that, I don't know. I expect he will proba...
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50 State AG Call for Grand Jury
Any investigation must be:
- independent of and separate from the church
- must have subpoena powers and ability to compel testimony under oath
Anything short of these criteria is a sham and whitewash.
In addition, write letters to the editor, make phone calls to politicians as they can apply pressure to keep them responsive to our demand. We need to make efforts to ensure that they follow up on what the state is doing to investigate these crimes.
Note to Letter Writers
Use your own words and style of writing. Cut and paste from the templates as you wish. Include your experiences, whether as a survivor or as a member of the community. And relate your letter to the state you were abused in or state now living in.