Posted: Jun 25, 2012 4:12 PM by Associated Press
SAN JOSE, Calif. (AP) - A judge has tossed out a priest's testimony against a man charged with assaulting him after the reverend invoked his right to avoid self-incrimination as it became clear he may be accused of lying on the stand.
The man accused of attacking the priest in 2010 at a retirement home in San Jose, William Lynch, claims Father Jerold Lindner raped him and his brother decades ago. Lindner has denied the accusations.
The San Jose Mercury News reported (http://bit.ly/KIWRz9) on Monday that Santa Clara County Superior Court Judge David Cena allowed Lindner to invoke his Fifth Amendment right to avoid self-incrimination.
Cena tossed Lindner's previous testimony after Lynch's attorneys argued that it would be unfair to allow it to stand if they could not cross-examine the priest.
Information from: San Jose (Calif.) Mercury News, http://www.mercurynews.com
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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