CA- Groups urge prosecutors to charge priest, he perjured himself in recent trial, they say

Two groups that focus on clergy sex crime and cover ups are urging a San Jose prosecutor to file perjury charges against a Catholic priest who allegedly molested more than a dozen children.

Leaders of SNAP, the Survivors Network of those Abused by Priests (SNAPnetwork.org) and the National Survivors Advocate Coalition (NSAC) are writing Santa Clara County District Attorney Jeff F. Rosen, urging him to pursue criminal charges against Fr. Jerold Lindner, who, both groups believe, lied on the witness stand in a recent criminal trial.

Fr. Lindner was called to testify in the case against William Lynch, a victim of child sex abuse who allegedly went to the facility where Lindner lives and beat the priest in May 2010. Last week, a jury acquitted Lynch on all chargeshttp://www.cbsnews.com/8301-201_162-57467343/william-lynch-acquitted-in-beating-of-priest-he-says-molested-him/.

Although Lindner has never been criminally charged with molesting Lynch, more than a dozen victims have come forward to say that Lindner sexually abused them as children, including Lindner's sister, three nieces and a nephew.

The California Province of Jesuits has settled cases with several of Lindner's victims, including Lynch, and has said publicly that Lindner sexually abused children. The Jesuits also sent Lindner to a church-run facility for child molesting clerics. http://www.bishopaccountability.org/assign/Lindner_Jerold_W_sj.htm

In her opening statement in Lynch's trial, prosecutor Vicki Gemetti said that Fr. Lindner would probably lie on the stand and say that he did not molest Lynch. When Fr. Lindner finally testified, he denied molesting Lynch, and then invoked his Fifth Amendment right against self-incrimination.  Fr. Lindner's testimony was tossed out by the judge. http://www.ktvu.com/news/news/crime-law/judge-rejects-lynch-defense-team-mistrial-motion/nPdmY/

Both groups believe that prosecuting Fr. Lindner for perjury would send a strong message to anyone who tries to cover-up sex abuse or lie on the witness stand

"You prosecuted Will Lynch, knowing full well that it’s unlikely his alleged crime, if not punished, would be repeated by others," their letter says. "But surely you realize that Fr. Lindner’s alleged crime – perjury – will very likely be repeated by others if Lindner is not punished."

The groups are also outraged by a statement by the District Attorney, saying that Lindner is "beyond the limit of human justice .... but not beyond divine justice." 

http://www.mercurynews.com/los-gatos/ci_21024016/will-lynch-supporters-call-da-prosecute-priest-perjury

"We feel it’s inappropriate for you to speculate about possible ‘divine justice’ when you have the power – and, we believe, the duty – to bring justice here and now, by prosecuting Fr. Lindner for perjury," the letter continues.

Both groups believe that charging Lindner will not only deter others from lying to prosecutors about child sex crimes, but encourage other victims to come forward if they believe that criminals will be held accountable to the same laws as everyone else.

The letter, sent by fax and email, is below.

Jeffrey F. Rosen  

District Attorney

70 W. Hedding Street, West Wing

San Jose CA 95110

Phone: (408) 299-3099, Fax: (408) 286-5437, [email protected]

Dear Mr. Rosen:

We are members of NSAC, the National Survivors Advocate Coalition and SNAP, the Survivors Network of those Abused by Priests (SNAPnetwork.org). Our goals are to help victims heal and keep children safe. In fact, our goals and your goals are very much aligned.

The reason we are writing is to implore you to press charges of perjury against Fr. Jerold Lindner, the Jesuit priest who lied on the stand during William Lynch's battery trial, a trial that was prosecuted by your office. Because of Fr. Lindner's false statements, not only was his testimony tossed, but the credibility of your office's case against Lynch was compromised.

Fr. Lindner is a serial child molester and a perjurer. More than a dozen victims have come forward, including Fr. Lindner's own sister, nieces and nephew. Even a small measure of justice is a huge step towards accountability for all of the children who were hurt my Fr. Lindner's crimes and lies.

We are also writing to express our dismay and disgust at your statements to the press where you said, "Unfortunately, (Lindner) is beyond the limits of human justice for crimes committed decades ago. However, he is not beyond divine justice for the crimes he committed in this world."

First, he’s Fr. Jerold Lindner, not Mr. Lindner, as your recent statement indicated.

Second, we feel it’s inappropriate for you to speculate about possible “divine justice” when you have the power – and, we believe, the duty – to bring justice here and now, by prosecuting Fr. Lindner for perjury.

You prosecuted Will Lynch, knowing full well that it’s unlikely his alleged crime, if not punished, would be repeated by others. But surely you realize that Lindner’s alleged crime – perjury– will very likely be repeated by others if Lindner is not punished.

Finally, we submit that your greatest obligation is to protect those who cannot protect themselves: children. What better way to protect kids than to try and

--convict and imprison a credibly accused child molester,

--deter others from lying under oath about child sex crimes, and

--expose wrongdoing by a huge institution that ignores, hides, and enables heinous crimes against children?

To us, trying Fr. Lindner is a chance to get a serial child predator behind bars where he can’t hurt any more kids. But it’s more than that. It’s also a way to protect kids by exposing the long-standing, widely documented recklessness, callousness and deceit by Fr. Lindner’s current and former supervisors and colleagues in the Catholic hierarchy.

Such a prosecution, regardless of its outcome, would educate the public and make it far less likely that parents would trust potentially dangerous current and former Catholic clerics with their kids.

Please do the right and just thing according to your oath of office and the law.

David Clohessy

Executive Director, SNAP

Survivors Network of those Abused by Priests

7234 Arsenal Street            

St. Louis MO 63143           

314 566 9790, [email protected]

Kristine Ward, Chair

National Survivor Advocates Coalition (NSAC)

P.O. Box 41013, Dayton, OH 45441-0013

937-272-0308, [email protected]

Barbara Dorris

Outreach Director, SNAP

Survivors Network of those Abused by Priests

6245 Westminster Place

Saint Louis, MO 63130

314 503 0003, [email protected]


Showing 5 comments

  • June Annette
    commented 2012-07-10 12:05:01 -0500
    There is some good news to report for victims of Roman Catholic clergy abuse, which some may not be aware of . . . :
    Victims who have been denied justice because of the statute of limitations have reason to to be encouraged by a recent court decision that Victim’s Advocate Attorney Jeff Anderson pleaded, which may very well set a precedent that will effectively provide countless other victims of clergy abuse their long-awaited day in court! All victims have to prove is FRAUD . . and that should be relatively easy inasmuch as the so-called “princes of the church” as a matter of policy, covered up the heinous crimes of their abusive priests. That’s reckless endangerment; that’s criminal negligence; that’s reprehensible; that’s FRAUD!

    The particulars of the case can be read online here:
    Source: Huffington Post / Article: Priests as Pintos: Fraud and the Next Catholic Crisis / 06/06/2012
    Link: http://www.huffingtonpost.com/michael-dantonio/fraud-and-the-next-catholic-crisis_b_1562085.html

    In solidarity with the victims of Roman Catholic clergy abuse & those who advocate for them,

    JuneAnnette
  • June Annette
    commented 2012-07-10 12:03:34 -0500
    If Lindner had a shred of decency and an ounce of integrity he would confront his victims and beg / implore their forgiveness. He would own the guilt and make a full confession, without “mental reservation”!
    If Lindner had a conscience, he would man up to the crimes he committed and offer an apology to his abuse victims. That would go a long way towards healing. Instead he continues to maintain his innocence, though the evidence clearly proves his guilt beyond a shadow of doubt.
    If Lindner was a real man he would turn himself in and accept the consequences for his reprehensible crimes. But since he won’t, the prosecution should make an example out of him and prosecute him with as much vigor as they did Mr. Lynch. This would go a long way in proving that no one is above the law!
  • Annette Kissell Nestler
    commented 2012-07-09 20:45:55 -0500
    Thank you to SNAP and NSAC. It is nice to see advocacy groups pulling together for the best cause: OUR CHILDREN. Mr. Rosen, it is time for you and your collegues to step up to the plate of real justice. We saw it happen in Philadelphia with the Lynn and Sandusky cases and are now seeing it with their investigation of the Bishop who is accussed of fondling a student, so we know it is possible. I half to agree that making such a statement, regarding “devine Justice”, when justice is your job is pathetic.

    Annette Nestler-SNAP Southern New Jersey
    609-247-2966
  • Frank Lostaunau
    commented 2012-07-09 18:20:47 -0500
    Thank you for your letter Mr. Clohessy. I am grateful.

    I agree that the appropriate follow-up is to charge the rogue priest, Fr. Lindner, with child sexual abuse.

    The sexual violence that he has visited upon numerous victims is too much to ignore and pass off as over because of the statute of limitations.

    He is GUILTY of RAPING CHILDREN and it is in the best interest of the State of California to hold him accountable for his crimes against children.

    Hopefully, CA will see through this loophole in the law and hold Fr. Lindner accountable.
  • David Clohessy
    published this page in Official SNAP Media Statements 2012-07-09 16:24:00 -0500

SNAP Network is a GuideStar Gold Participant