PHILADELPHIA - Questions raised by jurors deliberating in a groundbreaking clergy-abuse trial suggest lingering confusion over the charges lodged against a Roman Catholic official, even after a 10-week trial.
Monsignor William Lynn is charged with conspiracy and child endangerment for his handling of child sexual abuse complaints involving two priests.
The conspiracy charge involves a convicted former priest, Edward Avery, who pleaded guilty before trial to a 1999 sexual assault. Jurors asked Monday whether Lynn had to conspire with Avery to be guilty of the charge, or if he would be guilty if he conspired only with his colleagues at the Philadelphia Archdiocese.
The question spawned hours of courtroom debate Monday outside the jury’s presence. The jury adjourned for the day and is set to resume deliberations Tuesday.
Prosecutors insist that Lynn is culpable if he conspired with even a single colleague - such as the late Cardinal Anthony Bevilacqua - in his handling of Avery’s church career.
Defense lawyers protest that is not how they tried the case. They argued that the conspiracy charge alleges that Lynn conspired with Avery to keep him in ministry.
Common Pleas Judge M. Teresa Sarmina ultimately gave jurors a new instruction that the defense called “unintelligible.’’
Sarmina explained that Avery does not have to be a co-conspirator, but she said the overt act required under conspiracy law must involve him.
A gag order prevents lawyers from commenting on the case outside of court, but the issue seems likely grounds for an appeal if Lynn is convicted.