Posted on 04/13/2006 11:05:28 PM PDT by NormsRevenge
A state appeals court panel has overturned a former Roman Catholic priest's conviction on charges of molesting three boys while assigned to a Los Angeles church from his home diocese in Italy.
The 2nd District Court of Appeal ruled 2-1 on Thursday that misconduct occurred during Fernando Lopez's trial when the prosecutor expressed her personal opinions to jurors.
Lopez, a Colombian citizen, was found guilty last March of molesting the boys during a three-year period that began shortly after his transfer to St. Thomas the Apostle Parish in 2001. The case marked Los Angeles County's first successful prosecution of a Catholic church abuse case after the U.S. Supreme Court struck down a California law that had lifted the statute of limitations in old molestation cases.
The two judges who voted to reverse Lopez's conviction wrote that the prosecutor made improper comments by saying in a rebuttal argument: "I don't think (the defense attorney) is mean or stupid. But I think his client is guilty."
They also noted that the prosecutor said in closing arguments that priests "are human just like any other person. They commit sins ... and they commit horrendous crimes."
The dissenting judge wrote that while some of her comments were "inappropriate," they did not amount to misconduct and do not warrant a reversal.
"The evidence against the defendant was very strong," wrote Associate Justice Frances Rothschild. "The three victims did not know each other and the events occurred during different time periods, yet their testimony revealed a strikingly similar pattern of molestation."
The Los Angeles County District Attorney's office said it would seek an appeal and a review with the state Supreme Court.
"We agree with the dissent," said district attorney spokeswoman Jane Robison.
Lopez is serving a sentence of six years and eight months in state prison.
2 homo judges...
The message here is simple. Molesting little kids is okay in California, but expressing opinions is not.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.