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Thursday, August 27, 2015

Father Jerold Lindner: Is Assaulting the Priest Who Molested You a Crime?

     More than 16,000 Americans have been known to have been sexually molested by Catholic clerics. These victims represent the tip of the iceberg of pedophilia in the Catholic Church. According to a study conducted by researchers at John Jay College in New York City, between 1950 and 2002, 4,392 Catholic priests have been accused of sexual abuse. What follows is the story of just one of the sexual predators protected by the church, and just one of his victims who took extreme measures to get revenge.

     Jerold Lindner, accepted into Jesuit training in June 1964, was, at 24, sent to the Sacred Heart novitiate in Los Gatos, California for two years of study. Six years later he was in San Francisco teaching English at St. Ignatius High School. In 1973, after sexually assaulting a number of boys at St. Ignatius, Lindner enrolled at the Jesuit School of Theology in Berkeley, California.

     In the summer of 1975, while still at the Berkeley theology school, Lindner, as a "spiritual advisor" for the lay organization Christian Family Movement, accompanied a group of young boys on a church-sponsored camping trip to the Santa Cruz Mountains. During that weekend Lindner shared a tent with 7-year-old William Lynch and his 4-year-old brother Buddy. The spiritual advisor sodomized both boys, forced them to give him oral sex, then threatened to kill their sister if they told anyone what he had done to them. Lindner also promised the boys an eternity in hell if they squealed.

     By 1976, the year the 36-year-old was ordained as a Jesuit priest, Father Jerry, as he was called, had molested dozens of boys. That year Father Jerry returned to St. Ignatius High School where he continued his career as an English teacher and a practicing pedophile. In 1982, the Catholic Church transferred Father Lindner to Loyola High School, a private prep school near downtown Los Angeles. Ten years later, while teaching at Loyola and molesting more of his students, Lindner's mother, aware that her son was a pedophile, spoke to Father Jerry's supervisor at his order--the Society of Jesus--and told him that Lindner had been a child molester long before he entered Jesuit training in 1964. Mrs. Lindner informed the supervising priest that her son had molested several members of his family, including a younger sibling.

     In response to accusations of child molestation by the priest's own mother, the Jesuits took Father Lindner out of the classroom and sent him to a psychiatric facility for evaluation. Whatever the results of that psychiatric analysis, the Jesuit brass declared that Mrs. Lindner's allegations were not credible, and sent their pedophile teacher back into the classroom where he could continue preying on vulnerable victims. (This would not be the first time the Jesuits would have Father Jerry psychiatrically tested, then declared suitable for classroom work.)

     In 1995, twenty years after the weekend of sexual abuse in the spiritual advisor's tent on the Santa Cruz Mountain camping trip, William Lynch's younger brother, for the first time since their ordeal, revealed their secret. (He had been sworn to secret by William.) He told his parents what happened to them in Father Lindner's tent. Two years later, the Lynch brothers sued Lindner and the Society of Jesus. (Criminal prosecution, because of the statute of limitations, was no longer an option. The 6-year-stautue of limitations in California had protected Lindner from being criminally charged by dozens of his victims.) To avoid an embarrassing and revealing civil trial, the Jesuits settled the lawsuit for $625,000. (After legal costs, William and his brother ended up with $187,000 a piece.) Following the settlement, the Society of Jesus removed the 58-year-old priest from active ministry. But Lindner still had access to children, and the complaints kept rolling in.

     In September 2002, the Jesuits at the Society of Jesus sent Father Lindner to a Catholic retirement home and medical center for priests in Los Gatos called the Scared Heart Jesuit Center. Several of the priests in this place had been sent there because they were known pedophiles. Father Lindner was one of the residents placed on the institution's child molester register. However, he still had access to young people, and continued to offend.

     It was not surprising, that in a facility where pedophiles are housed, there was a sex scandal. In 2002, it came to light that two developmentally disabled men who lived at the Sacred Heart Jesuit Center for 30 years had been regularly molested by priests they considered their friends. Two years after the scandal broke, a priest at the Los Gatos facility committed suicide after being raped by a gang of Jesuits. The order avoided an even bigger scandal by paying off several civil suit plaintiffs with million dollar settlement.

     William Lynch, the man Father Lindner had molested and traumatized as a 7-year-old in 1975, had not gotten over his ordeal. As a fourth grader in Los Altos, California, Lynch started smoking marijuana. By the seventh grade he was dealing in pot, and drinking heavily. At age 15, Lynch tried to kill himself by slashing his wrists, and as a adult, the victim of Father Lindner's sexual assault suffered severe depression. In his thirties, Lynch once again attempted suicide. Aware that the man who had ruined his life back in 1975 continued to abuse children under the protection of the church, Lynch could barely control his frustration and rage. By 2010, at age 42, Lynch decided to turn the tables on Father Jerry by becoming the predator.

     On May 10, 2010, William Lynch used a false name and the pretense of notifying Father Lindner of a death in the priest's family, to meet with him in the guest parlor at Sacred Heart Jesuit Center in Los Gatos. When the two men came face-to-face after all of these years, Lynch told the 65-year-old to take off his glasses. As he punched the priest in the head and body, Lynch asked him, "Do you recognize me?" After the beating which included several attempts to kick Lindner in the groin, Lynch said, "Turn yourself in or I'll come back and kill you."

     After the attack, William Lynch made no attempt to conceal what he had done. The Santa Clara County prosecutor had no choice but to charge him with one count of assault, and one count of elder abuse. If convicted of both felonies, Lynch faced up to four years in prison.

     After turning down a plea bargain in which he would serve no more than a year in jail, Lynch told reporters that "I want to take responsibility for what I've done. I don't think I'm above the law like the church and Father Jerry." Lynch said he looked forward to a trial in which the pedophile priest would be publicly exposed for what he was.

     William Lynch's assault trial got under way on Wednesday, June 20, 2012 in the Santa Clara County Superior Court in San Jose. Prosecutor Vicki Genetti, in her opening statement to the jury of 9 men and 3 women, said she was prosecuting this defendant under the assumption that Father Jerold Lindner, the victim in the assault case, had in fact sexually molested Lindner and his brother back in 1975. And in an even more unusual remark for a prosecutor to make about one of her own witnesses, Genetti warned jurors that Father Lindner, in denying the allegations, would be not be telling the truth. The prosecutor labeled the assault in this case a "revenge attack." Defendant Lynch, Genetti said, had acted like a "vigilante."

     On the first day of the trial, following the opening statements, Genetti put the prosecution's chief witness, Father Jerold Lindner, on the stand. As expected, the 67-year-old priest, overweight and wearing old-fashioned horn-rimmed glasses, denied sexually molesting the defendant and his brother. The witness said he had done nothing in 1975 to justify his beating at the hands of Mr. Lynch.

     After the jurors were dismissed for the day, William Lynch's attorney, Pat Harris, said this to Judge David A. Cena: "He [Father Lindner] has chosen to perjure himself. He should be advised of his right to counsel." The judge said he would take the request under advisement.

     The next day, before the defense attorney's cross-examination of Lindner, the priest took the Fifth, and refused to testify further. At this point attorney Harris moved for a mistrial on the grounds he had been denied his right to question his client's accuser. Judge Cena denied the motion, and the trial continued. Judge Cena also ruled that the jury would not hear from three witnesses prepared to testify that as children, they too had been molested by Jerold Lindner. The judge ordered the jury to disregard Lindner's testimony altogether.

     The next day, prosecutor Genetti put a Sacred Heart Jesuit Center health care worker on the stand who had witnessed the assault. Mary Eden testified that she heard William Lynch scream that Lindner had raped him and his brother, and had ruined their lives. When it came time for the defense to present its case, William Lynch took the stand, and in great detail, told the jurors what the priest had done to him and his brother, and how the sexual assaults had affected their lives. According to the defendant, when he went to the Sacred Heart Jesuit Center that day, his intention was to get Lindner to take responsibility for what he had done by signing a written confession. When Lindner refused, and looked as though he might become aggressive, Lynch resorted to violence. (With this testimony, the defense was giving the jurors an opportunity, an excuse if you will, to nullify the evidence, and find Lynch not guilty.)

     Following William Lynch's compelling testimony, the defense rested its case. Prosecutor Genetti, in her closing remarks to the jury, said that what Lindner had done to the defendant and his brother 37 years ago did not legally justify the assault. The prosecutor also accused the defense of encouraging the jurors to return a "nullified" verdict, one that ignored the evidence against the defendant.

     On Thursday, July 5, the jury, in this difficult and unusal case, found William Lynch not guilty of felony assault and elder abuse. By this verdict, the jury sent a clear message to priests who get away with molesting boys. If as adults their victims hunt them down and beat them up, tough luck.   

Wednesday, August 19, 2015

The Gilbert Collar Police-Involved Shooting Case

     Gilbert Thomas Collar grew up in Wetumpka, Alabama, a town of 6,000 within the Montgomery metropolitan area in the central part of the state. The 135-pound, 5-foot-7 high school wrestling star was enrolled at the University of South Alabama, a 15,000-student university located in Mobile, Alabama. Collar, a social sciences major, wanted to become a high school teacher and a wrestling coach.

     A university police officer named Trevis Austin, at 1:23 in the morning of Saturday, October 6, 2012, heard someone banging loudly on one of the campus police station's windows. Upon investigation of this noise, the officer encountered Gilbert Collar, nude and crouched into a fighting stance. The muscular young man, who challenged the officer to a fight, obviously appeared to be out of his mind. When Collar made an aggressive move toward Trevis Austin, the officer drew his weapon, backed-off, and warned the threatening 18-year-old to settle down. Collar rushed toward the campus cop several times, and each time the retreating officer ordered the man to stop and desist. Collar took a knee, rose, and charged the officer again. This time officer Austin shot Collar once in the chest. The attacking freshman stumbled, regained his footing, rushed toward the officer again, then collapsed and died.

     University police officer Austin was placed on administrative leave pending an investigation to be conducted by the Mobile County District Attorney's Office and the local sheriff's department. An important aspect of the inquiry involved reviewing the surveillance camera footage of the bizarre confrontation. Some of the questions that had to be answered included whether or not the student and the officer who shot him knew each other. Investigators also wanted to determine if Collar had a  history of mental illness and/or drug use. The autopsy and toxicological would answer the question of drugs and or alcohol.

     Jeff Glass, Collar's high school wrestling coach, told a reporter that "He [Collar] was a kind soul. He was never aggressive to anyone off the mat. He was a 'yes sir, no sir' kind of guy." Chis Estes, an 18-year-old who grew up with Collar, reportedly said, "Gil was a very 'chill' guy, mellow and easy-going. That's why I don't understand the story that he attacked the cop."

     According to the toxicology report, Gilbert Collar had gotten high on a laboratory drug that mimics the effects of LSD. He had taken the drug at the BayFest music concert on the night of the deadly encounter. Mobile County Sheriff Sam Cochran, at a press conference, announced that the student had assaulted others prior to his death at the hands of the officer.

     In 2013, a grand jury sitting in Mobile County cleared Trevis Austin of criminal wrongdoing in the shooting.

     In the wake of the grand jury no bill, members of Gilbert Collar's family brought a wrongful death lawsuit in federal court against former officer Austin and the university. In 2015, pursuant to that suit, former Tallahassee police chief Melvin Tucker, on behalf of the plaintiff, rendered an expert opinion regarding whether the officer's use of deadly force in the case was appropriate.

     In his report, made public in May 2015, Mr. Tucker concluded that officer Austin had used excessive force in violation of his department's deadly force policy. Melvin Tucker wrote that the officer should either have retreated or used non-lethal means to subdue the student.

     Mr. Tucker noted in his report that over the past 131 years only three police officers in the state of Alabama had been killed by an unarmed assailant. The use of force expert wrote that in 2012 not a single police officer in the United States had died as a result of being disarmed by an arrestee.

     This is one of those difficult cases that no matter how it is resolved, won't satisfy anyone. From the campus police officer's point of view, he was confronted by an aggressive, muscular young man who was apparently out of his mind and intent on engaging him in a wrestling match. For all the officer knew, he was dealing with a drug-crazed man with supernatural strength. (The officer was 5-foot-eleven and the student 5-foot-seven.) Had these two people gotten into hand-to-hand combat, there was a possibility that the attacker could have ended up with the officer's gun. Even if the officer had been equipped with a taser device, there was no guarantee it would have subdued this aggressive, out-of-control subject, particularly with the LSD type drug in his system.

     Looking at this case through the eyes of Gilbert Collar's friends and relatives, it's easy to understand why they have questions regarding this student's sudden and violent death. His mother Bonnie said this to a reporter: "Freshmen kids do stupid things, and campus police should be equipped to handle activity like that without having to use lethal force." Although Gilbert Collar was not a kid, college freshmen are known to do stupid things. But taking off your clothes in the middle of the night, and without provocation or notice, attacking a police officer, goes beyond youthful stupidity.



     

Saturday, August 8, 2015

Donald Eugene Borders and the "Three Women" Murder Case

     In 2003, 85-year-old Lottie Ledford lived by herself in a low-income neighborhood in Shelby, North Carolina, a town of 20,000 fifty miles west of Charlotte. As a younger woman, Lottie had worked in the region's textile mills. On August 23, 2003, a relative discovered Lottie lying dead on her bed. Because of her age, the police didn't suspect foul play. The Cleveland County Coroner ruled that Lottie Ledford had died of an heart attack.

     Bobby Fisher, Ledford's nephew, believed that his aunt had been murdered. Based upon his own observations, and what the funeral director had seen and noted, Fisher knew that Ledford's face and arms had been covered in bruises. (In January 2013, Bobby Fisher's widow, Barbara Ann, in speaking to a reporter, said, "It looked as if someone had taken two fingers and pinched her nose and held her across the mouth.") The fact that someone had cut Ledford's telephone line also suggested homicide. Bobby Fisher pleaded with the Shelby police to launch a murder investigation, but they ignored his request.

     On September 20, 2003, six weeks after Lottie Ledford's death, in the same neighborhood, Margaret Tessneer's daughter and son-in-law went by her (Margaret's) house at ten that morning. The couple had brought Tessneer a biscuit from Hardee's. The visitors found Tessneer's front door ajar, and inside the dwelling, the 79-year-old lying face-up on her rumpled bed. The dead woman had bruises on her face, arms, and legs. Someone had pulled the telephone drop-line away from her house.

     The forensic pathologist who performed the autopsy noted the bruises, and concluded that Margaret Tessneer had been raped. While he ruled the manner of death in this case homicide, the pathologist classified Tessneer's cause of death, "undetermined."

     On November 10, 2003, in the same part  of town, a neighbor discovered Lillian Mullinax lying dead in her own bed. The 87-year-old's body was covered in bruises, her front door had been left ajar, and someone had cut her phone line. Following the autopsy, Mullinax's cause of death went into the books as "undetermined."

     One didn't have to be Sherlock Holmes to conclude that these three elderly women had been raped and murdered in their homes by the same man.

     In early 2004, Shelby detectives investigating Margaret Tessneer's September 20, 2003 death, became interested in a 53-year-old man named Donald Eugene Borders. After graduating from high school in 1977, Borders got married, worked in the region's textile mills, and fathered two children. But in the 1990s he turned to crime and was arrested dozens of times for robbery, burglary, and assault. In 2001, Borders was sent to state prison on a conviction for breaking and entering a home. After his release from custody in January 2003, Borders lived as a homeless man on the streets of Shelby.

     On March 20, 2004, detectives, after publicly asking for help in locating Borders, found him living in a homeless shelter in Charlotte. Armed with an arrest warrant pertaining to a matter unrelated to the so-called "three women" murder case, Shelby officer James Brienza took Donald Borders into custody. Before hauiling him to jail, Brienza let the prisoner have a cigarette. When Borders finished his smoke, Brienza saved the butt for DNA analysis.

     A state forensic scientist, in August 2004, found trace evidence from Margaret Tessneer's underwear that revealed she had been raped. Following the passage of more than five years (I have no idea what caused this delay) a DNA analyst matched the Tessneer murder scene evidence with the saliva on Border's cigarette butt.

     A Cleveland County Grand Jury, on December 28, 2009, more that six years after Margaret Tessneer's rape and killing, indicted Donald Eugene Borders for first-degree murder. He was taken into custody and held in the Cleveland County Jail without bond.

     Border's trial got underway in Cleveland on January 5, 2013. On January 28, the jury, after deliberating three hours, found the defendant guilty as charged. The judge sentenced Donald Eugene Borders to life in prison without the chance of parole.