Ralph Cipriano latest blog post is on U.S. Mgistrate Judge Karoline Mehalchick's ruling in favor of Graham Spanier's writ of habeas corpus that threw out Spanier's misdemeanor conviction because his constitutional rights had been violated. Cipriano demonstrated the similarities between Spanier's case and that of Msgr. William J. Lynn, former secretary of clergy for the Archdiocese of Philadelphia and surmises that Mehalchick's ruling will support Msgr. Lynn in his bid to avoid a retrial on child endangerment charges.
Cipriano includes comments from Spanier's lawyers ripping Attorney General Josh Shapiro's grandstanding statement that he will appeal Mehalchick's ruling:
"We are dismayed that the Pennsylvania Attorney General, the highest law enforcement official in the state, would blatantly and prejudicially misrepresent facts," Spanier's lawyers wrote.
"There is no evidence that Graham Spanier was personally advised that children were being sexually abused," wrote Samuel W. Silver and Bruce P. Merenstein, Spanier's defense lawyers. "And Attorney General Shapiro knows that the Pennsylvania Supreme Court made nothing 'crystal clear' about Dr. Spanier's conduct, as it did not hear this case on the merits at any time."
"We are stunned that Mr. Shapiro accuses Dr. Spanier of engaging in a 'cover-up,' when a jury expressly acquitted Dr. Spanier of having engaged in a conspiracy or a continuing course of conduct."
"We will continue to defend Dr. Spanier against this overzealous and unlawful prosecution. And we will continue to do so in the courts, where the dispute belongs -- and not through hyperbolic statements like that of the Attorney General."
Cipriano concludes that if Lynn wants to find justice he may have to do what Spanier did and get the hell out of Pennsylvania.
Cipriano's reporting on the fiasco have consistenly been the best available reports because of his insightful observations imho.
http://www.bigtrial.net/2019/05/graham-spanier-beats-rap-will-ruling.html
Cipriano includes comments from Spanier's lawyers ripping Attorney General Josh Shapiro's grandstanding statement that he will appeal Mehalchick's ruling:
"We are dismayed that the Pennsylvania Attorney General, the highest law enforcement official in the state, would blatantly and prejudicially misrepresent facts," Spanier's lawyers wrote.
"There is no evidence that Graham Spanier was personally advised that children were being sexually abused," wrote Samuel W. Silver and Bruce P. Merenstein, Spanier's defense lawyers. "And Attorney General Shapiro knows that the Pennsylvania Supreme Court made nothing 'crystal clear' about Dr. Spanier's conduct, as it did not hear this case on the merits at any time."
"We are stunned that Mr. Shapiro accuses Dr. Spanier of engaging in a 'cover-up,' when a jury expressly acquitted Dr. Spanier of having engaged in a conspiracy or a continuing course of conduct."
"We will continue to defend Dr. Spanier against this overzealous and unlawful prosecution. And we will continue to do so in the courts, where the dispute belongs -- and not through hyperbolic statements like that of the Attorney General."
Cipriano concludes that if Lynn wants to find justice he may have to do what Spanier did and get the hell out of Pennsylvania.
Cipriano's reporting on the fiasco have consistenly been the best available reports because of his insightful observations imho.
http://www.bigtrial.net/2019/05/graham-spanier-beats-rap-will-ruling.html