iradiophilly | News - Judge Says Bevilacqua Can Be Called To Testify In Priest Child-Sex Case

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Judge Says Bevilacqua Can Be Called To Testify In Priest Child-Sex Case

by: Rebel - Havertown, PA
started: 01/30/12 12:45 pm | updated: 01/30/12 12:45 pm

The judge in an alleged clergy abuse case has again rejected a defense motion to prohibit the testimony of retired Philadelphia cardinal Anthony Bevilacqua on competency grounds, even though the defense contends that Bevilacqua canâ€™t accurately remember many of his own actions during the last two decades.

The judge ordered Cardinal Anthony Bevilacquaâ€™s testimony preserved â€” videotaped â€” in late November after finding the cardinal competent despite suffering from dementia and cancer.

The judge says she will rule within a week on the admissibility of so-called â€œprior bad actsâ€ evidence presented during three days of hearings last week.

But after hearing Cardinal Anthony Bevilacquaâ€™s testimony , defense attorneys for defendant Msgr. William Lynn renewed the competency issue, arguing that Belivacqua couldnâ€™t even identify Msgr. Lynn â€” his Secretary for Clergy for over a decade â€” or remember his own previous testimony.

The defense argues that it would have no hope of fully cross-examining the cardinal about his actions or his earlier grand jury testimony.

But the prosecution is arguing that itâ€™s for the jury to evaluate â€” to accept or disregard the cardinalâ€™s testimony now.

And the judge has ruled that Bevilacqua can testify â€” that either side can call him or use his recorded testimony from November.

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