Avery pleaded guilty on March 22 to involuntary deviate sexual intercourse with the boy, and received a 2 1/2 to five year sentence, even though he told authorities he never even met the boy. The only reason Avery pleaded guilty to a crime he didn't commit, according to the defense motion, was that he was credibly accused by a prior victim, and that the prosecution offered him a good deal.
But the deal had one condition, that the defrocked priest plead guilty to a conspiracy involving Msgr. William J. Lynn, the Archdiocese of Philadelphia's former secretary for the clergy. Avery, who was supposed to go on trial with Lynn until he pleaded guilty, was facing a prison sentence of up to 20 years if convicted of molesting the boy, dubbed "Billy Doe" in civil litigation.
The motion to reconsider bail was filed Monday by Thomas A. Bergstrom, Allison Khaskelis and Alan J. Tauber, defense lawyers for Msgr. Lynn, the first Catholic administrator in the country to be convicted of child endangerment for transferring abusive priests from one parish to another. Lynn's lawyers say they were only recently told about the polygraph test by Avery's lawyer, so they cite the polygraph as further evidence that Lynn should be released on bail. Lynn previously was denied bail by Judge M. Teresa Sarmina, as well as by the Superior Court.
A lawyer who represents Billy Doe in his civil claim against the archdiocese described the filing as "complete BS." A spokesman for the district attorney declined comment until a written response is filed in court.