Judge M. Teresa Sarmina Accused Of Bias In Catholic Church Sex Scandal Case

By Dave Warner - Thu Feb 9, 10:55 pm ET

PHILADELPHIA (Reuters) - A Philadelphia judge presiding over a Catholic church sex abuse trial should step down because her comment that there is widespread sexual abuse in the church shows a bias against a Monsignor accused in the case, a lawyer said in a court filing.

Common Pleas Court Judge M. Teresa Sarmina said in court last week: "Anybody that doesn't think there is widespread sexual abuse within the Catholic Church is living on another planet."

Monsignor William Lynn, the highest ranking Philadelphia Archdiocese cleric accused in the case, is charged with child endangerment and conspiracy over allegations he allowed predator priests to continue involvement with children.

"This statement by the court raises concerns that it harbors a firm predisposed opinion against the Catholic Church and its representatives," Lynn attorneys Thomas Bergstrom and Jeffrey Lindy wrote in a petition filed on Wednesday requesting the judge recuse herself from the case.

Lynn, 61, the former secretary of the clergy for the Philadelphia Catholic archdiocese, is one of five defendants in the child sex abuse case. Jury selection in Lynn's trial is set to begin on February 21.

Two current priests, one former priest and a former archdiocese schoolteacher are charged with sexually abusing children between 1996 and 1999.

Lynn's lawyers attached to the petition a statement by the Catholic League for Religious and Civil Rights, an anti-defamation organization based in New York.

"Judge Sarmina should step down immediately," a press release from the Catholic League said. "Her remark, whether based on ignorance or bias, demonstrates her inability to preside over any trial concerning allegations of priestly sexual abuse."

The judge's office declined to comment, saying Sarmina was prohibited from speaking on cases before her. Lynn's attorneys also declined to comment, citing Judge Sarmina's standing gag order in the case.

(This version corrects sourcing in 1st paragraph to court filing)

Copyright 2012 Thomson Reuters. Click for Restrictions

(Editing By Barbara Goldberg, Greg McCune and Cynthia Johnston)

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Comments

[Flying Sparkz1]

04:28 PM on 02/12/2012

A judge should never comment on an aspect of the case before him. This statement implies prejudice and it will result in a successful appeal.

[Parade Keegan]

04:28 PM on 02/11/2012

Has anyone else noticed the low standards that are acceptable within all religions as long as you "talk the talk"?

[oleperfessur]

01:31 PM on 02/11/2012

The Catholic Church seems to believe that the best way to protect children from abuse is to house them with their parish priest.

[Judy75201]

12:15 PM on 02/11/2012

*** "Her remark, whether based on ignorance or bias..." ***

Can't freakin' believe that amount of bs from the Catholic League. Gaaaah, the house is still dirty beyond imagination.

[madcityy]

11:42 AM on 02/11/2012

she said what we allllllllllllllllllllllllll know that have been abused by a priest..............

[Cye]

08:15 AM on 02/11/2012

Why is acknowledging the obvious biased?

[okim5150]

10:08 AM on 02/11/2012

Because she said it out loud.

[Golfnjack]

07:49 AM on 02/11/2012

While the judge as wrong to make such a statement in court, her statement, nonetheless, is absolutely correct.

[Glenda Barker]

07:28 AM on 02/11/2012

The whole world thinks just like this Judge, and she is correct.

[samscram]

06:47 AM on 02/11/2012

Despite the fact that the statement is true the Judge's remark show that you don't have to be intelligent to be a judge.

Not only do the Canons of judicial ethics throughout the country require that Judges be unbiased, they must even avoid the appearance of impropriety or bias.

In the interests of justice, rather than hand the defendant grounds for appeal, she should recuse herself.

[okim5150]

10:09 AM on 02/11/2012

Exactly! And she should learn from this mistake.

[emeathead45]

06:42 AM on 02/11/2012

Good luck finding any adult in america that doesn`t know this as true, especially finding a judge that doesn`t know this or think this. Rthe next judge just can`t say it.

[paulthamec]

08:04 AM on 02/11/2012

LOL ...i agree...

[harmonie555]

06:26 AM on 02/11/2012

She was only stating the obvious. With the number of instances of child sexual abuse convictions and settlements by the Church, it would be difficult to come to any other conclusion than it is a widespread problem within the Catholic priesthood.

[david25luvit]

05:50 AM on 02/11/2012

This is no surprise.... "The Church" has been protecting Priest who prey on children sexually and those who abuse them for years (centuries).... And despite all the attention this issue has gotten over the past ten or twenty years....and all the millions of dollars spent paying off the families of the victims...the abuse continues. On the flip side of the coin, Priest who do NOT abuse their authority or who do not sexually abuse their underage members are looked upon just as guilty as those who do. I suspect in the future Priest (like Physicians) will end up having to take out some kind of malpractice insurance in order to minister to their flock.

[tccat4]

05:11 AM on 02/11/2012

Finally someone listens, sending them to prison will just set them up in a Sexual deviation unit, housed with the same sick sob's like themselves. I wish they would put them in general population, let others do to them as they did to children for years.
And the Catholic Church is against birth control for women, I see why, more children for them to violate year after year.

[pullmafingerquik]

02:54 AM on 02/11/2012

Yes,she should step down for stating a fact.

[duaneanthonywebb]

01:49 AM on 02/11/2012

That says alot coming from a servant of the law who is willing to allow her courtroom to be used for hearsay trials. Any Judge who allows arguments to be heard when neither party can introduce evidence and/or witness(es) is a major problem within our judicial system.

[comhunt]

05:52 AM on 02/11/2012

Clinton appointee......... those 8 LOUSY years ruined our justice system.

[harmonie555]

06:34 AM on 02/11/2012

You are showing your ignorance... Judge M. Teresa Sarmina is a Common Pleas Court judge for Philadelphia County, Pennsylvania. This is not a Federally appointed judgeship, but is within the State judicial system. You need to learn basic Civics... you probably skipped class too much in high school.