Commonwealth v. Lynn
83 A.3d 434
Pa. Super. Ct.2013Background
- Monsignor William J. Lynn was Secretary for Clergy for the Archdiocese of Philadelphia (1992–2004) and handled reports and personnel placements for priests accused of sexual misconduct.
- Lynn received a 1992 allegation from R.F. that Rev. Edward V. Avery had sexually abused him; Avery underwent evaluation and treatment and was later placed as a hospital chaplain and permitted to reside at a parish rectory (St. Jerome’s).
- In 1998–99, D.G., a child altar server at St. Jerome’s, was sexually abused by Avery; those abuses were not reported to the Archdiocese until 2009.
- Lynn was criminally charged under the pre-2007 version of the Endangering the Welfare of Children statute (18 Pa.C.S. § 4304) for his role in handling Avery; jury convicted Lynn of EWOC (Avery-related), and he was sentenced to 3–6 years.
- On appeal the Superior Court reversed: it held the pre-amended § 4304 requires that a non-parent/guardian accused be a supervisor of the endangered child (which Lynn was not), and that evidence was insufficient to establish Lynn’s accomplice liability to Avery’s EWOC offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-2007 § 4304 covers a church official who supervised a priest but not the child victim | Commonwealth: statute’s phrase “person supervising the welfare of a child” includes persons who supervise or control adults whose duties affect children (i.e., Lynn supervised priests and thus supervised welfare indirectly) | Lynn: pre-amendment statute applies only to parents/guardians or those directly supervising the child; legislature’s 2007 amendment adding supervisors/employers shows pre-2007 law did not reach Lynn’s role | Court: statute requires the accused (if not parent/guardian) to be a supervisor of the child; Lynn was not a supervisor of D.G. and conviction as principal was unsupported |
| Sufficiency of evidence for EWOC as principal (Lynn’s own conduct) | Commonwealth: Lynn’s control over priest assignments and repeated mishandling of abuse cases made him responsible for children’s welfare; jury could infer he placed/kept Avery where children were endangered | Lynn: he had no direct supervisory authority over children at St. Jerome’s and did not supervise D.G.; pre-amendment statute does not reach his conduct | Held: evidence insufficient for principal liability because Lynn was not a supervisor of the child victim |
| Accomplice liability for EWOC (aiding/intent to facilitate Avery’s offense) | Commonwealth: Lynn’s pattern of protecting priests/Church reputation and specific actions regarding Avery supported intent to facilitate or promote commission of EWOC | Lynn: even if accomplice liability exists, record lacks proof he intended to promote or facilitate Avery’s molestation of unknown children at St. Jerome’s; no specific knowledge Avery planned to molest again | Held: evidence insufficient to show Lynn intended to promote/facilitate Avery’s EWOC; accomplice theory failed |
| Admission of other errors (404(b), jury instructions, prosecutorial misconduct) | Commonwealth: (not reached in opinion) | Lynn: raised multiple trial errors | Court: did not reach these claims because reversal was required on sufficiency grounds; Lynn discharged |
Key Cases Cited
- Commonwealth v. Mack, 359 A.2d 770 (Pa. 1976) (statute protecting children should be given broad effect and is not facially vague)
- Commonwealth v. Halye, 719 A.2d 763 (Pa. Super. 1998) (reversal of EWOC conviction where Commonwealth failed to prove defendant was in position supervising the children)
- Commonwealth v. Brown, 721 A.2d 1105 (Pa. Super. 1998) (distinguishing supervision element from duty element under EWOC)
- Commonwealth v. Murphy, 844 A.2d 1228 (Pa. 2004) (elements and standards for accomplice liability under Pennsylvania law)
- Commonwealth v. Spotz, 716 A.2d 580 (Pa. 1998) (discussion of accomplice liability principles)
- Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (standard of review for sufficiency claims)