The defense attorneys for a man accused of the 2010 beating of a Jesuit priest he says molested him as a child, have filed a motion requesting a mistrial in the case on the basis of prosecutorial misconduct.
Will Lynch, 44, allegedly attacked the Rev. Jerold Lindner at Sacred Heart Jesuit Center in Los Gatos on May 10, 2010.
His trial on assault charges began in San Jose on Monday amid a firestorm of accusations of sexual abuse by Lindner, who Lynch said sexually abused him and his brother on a camping trip when he was 7 years old.
Paul Mones, co-counsel in Lynch's defense along with Pat Harris, said he believes prosecutorial misconduct occurred when Santa Clara County Deputy District Attorney Vicki Gemetti told the jury in opening statements that Lindner would probably lie about having molested Lynch and his brother.
When Lindner took the stand, he indeed denied the sexual abuse.
"When the people put on Mr. Lindner, they had told the jury in opening statements that they expected him to not tell the truth and in fact that's what he did," Mones said.
"The California law is that there is a duty to not put on such testimony and that forms the basis of our motion," he said.
According to the district attorney's office, the prosecution will file their own motion before the end of Friday.