By GILLIAN FLACCUS and PAUL ELIAS, Associated Press
SAN JOSE, Calif. (AP) — Evidence will show the man on trial in the beating of an aging Jesuit priest was abused by the priest, but that still did not give him the right to take the law into in his own hands, prosecutors in Northern California said Wednesday in their opening statement in the trial of William Lynch.
Lynch, 44, is accused of beating the Rev. Jerold Lindner in 2010 in front of startled witnesses at a retirement home for priests.
Lynch has said Lindner abused him and his brother during a camping trip in Northern California.
Santa Clara County Deputy District Attorney Vicki Gemetti began her 20-minute opening displaying a blown-up photograph of a bruised and bloodied Lindner slumped in a chair. She implored jurors to focus solely on the assault, which she said Lynch "undeniably" committed.
"The defendant beat this man up because he was angry and he wanted revenge," she said. "The defendant planned and executed a violent attack against the man who molested him 30 years ago."
But Gemetti said the molestation was not a defense to the charges.
Gemetti showed jurors a short video clip of an emotional Lynch describing the abuse he allegedly suffered at Lindner's hands in a tent during a church camping trip when he was seven. On the video, Lynch said he felt it was his moral duty to attack the priest.
"I'm empowered," Lynch said. "I'm in charge of my destiny."
Lindner is expected to take the stand in the trial, which is scheduled to continue with an opening statement from the defense and witness testimony on Wednesday.
Lynch is charged with felony counts of assault and elder abuse.
In the months since his arrest, Lynch has refused to discuss a plea deal and has grown intent on using his own legal trouble to try Lindner in the court of public opinion in a potentially explosive proceeding likely to also include testimony from Lynch and several more of Lindner's alleged victims.
Lynch faces up to four years in prison if convicted on all charges.
The judge overseeing the case recently ruled that Lynch's lawyer can ask the priest about Lynch's allegations during cross-examination. If Lindner denies the accusations, attorney Pat Harris can call up to three other witnesses who claim they were also molested by Lindner as children, including Lynch's younger brother.
The Lynches, who were 7 and 4 at the time, were raped in the woods and forced to have oral sex with each other while Lindner watched, according to a civil lawsuit. Lindner has been accused of abuse by nearly a dozen people, including his own sister and nieces and nephews, but was never criminally charged because the allegations were too old.
Lindner hung up Monday when The Associated Press called him for comment. He has previously denied abusing the Lynch boys and said in a deposition from the late 1990s that he didn't recall the siblings. The brothers settled with the Jesuits of the California Province for $625,000 in 1998.
Getting Lindner into court — even as a victim — has helped Lynch find the peace of mind he's been searching for his whole life, he said.
"I don't want to go to jail but I've come to realize that this whole thing is really bigger than me and the way that I've chosen to handle this is to make a statement," Lynch told the AP. "I'm prepared to take responsibility for anything I've been involved in. I'm willing to do it. I think it's a small sacrifice to get Father Jerry into court."
Even if the molestation allegations are true, the judge's order only allows the defense to ask general questions about sexual abuse for the purpose of challenging Lindner's credibility as a witness. Other defense witnesses who allege abuse by the priest can't be questioned about specific details that could inflame the jury.
It's unlikely testimony about Lynch's abuse allegations could tip the case in his favor — but not impossible, said Jody Armour, a professor at the University of Southern California's Gould School of Law who specializes in criminal law and social justice issues.
Jurors will have to be reminded not to be swayed by their prejudices or by any sympathy they may feel for Lynch.
"These are some of the toughest cases in criminal law," Armour said. "Even though that jury will be told, 'Don't think about this, this is not evidence, it just goes to credibility,' how are people going to keep those two things separate in their mind?"