Not-So-Bright Justice: Tom Bergstrom, Msgr. Lynn's Lawyer, Gets A Scolding; Prosecutors In The Corrupt D.A.'s Office Get A Pass

By Ralph Cipriano

Tom Bergstrom: Got In Trouble For Defending His Client

for BigTrial.net

On Friday, Judge Gwendolyn N. Bright held a hearing on legal misconduct in the case of Msgr. William J. Lynn.

If you haven't heard, it was a curious affair. So far in the seven-year history of the legal travesty known as the Lynn case, the only misconduct that we know of has been the rampant and intentional misconduct of the prosecutors.

But Judge Bright was holding Friday's hearing to decide whether she would find Thomas A. Bergstrom, Lynn's lawyer, guilty of contempt for violating the judge's gag order in the Lynn case. Because Bergstrom got upset when The Philadelphia Inquirer libeled his client.

Only in Philadelphia does this nonsense make sense. Where we have a D.A. still in office despite a 29-count federal indictment for political corruption. And prosecutors in that office who put innocent men in jail for imaginary crimes, as in the case of Msgr. Lynn, and don't get into any trouble for it. Even though we have it from inside the D.A.'s office that they knew their star witness wasn't credible.

No Worries: Prosecutors Hugh Burns and Patrick Blessington

At Friday's hearing, Bergstrom kicked things off by copping a plea, and throwing himself on the mercy of the court.

Bergstrom admitted to "losing his temper" when he fired off some email bombs to reporter Joe Slobodzian after the Inky libeled the monsignor. On April Fool's Day, the newspaper wrote in a photo caption that Msgr. Lynn is accused of sexual misconduct, when he is charged with endangering the welfare of a child.

In his emails, Bergstrom slammed Slobodzian, even though the reporter had nothing to do with the mistake. The newspaper promptly ran a correction and a spokesperson for the newspaper apologized for the screw-up.

In a story posted Friday, reporter Steve Tawa of CBS Philly wrote, "Judge Bright did not fault Bergstrom for getting the paper to fix the mistake, but she did lay into him for cc'ing -- copying his remarks -- to another reporter who writes an online blog.

That other reporter is your humble correspondent for bigtrial.net.

Bergstrom apologized to the judge, saying he has "fought for the monsignor for five years," and they're still at it," Tawa wrote.

"Judge Bright, after a firm look and scold, told Bergstrom, 'at this point, this will be the end of it,'" Tawa wrote.

So, Bergstrom beat the rap and did not suffer the fate of Vincent LaGuardia Gambini in My Cousin Vinny, who wound up riding a bus to prison after a judge found him guilty of contempt. Both sides in the Lynn case have filed appeals, so the case is about to leave Judge Bright's court.

Sadly, Bergstrom is the only lawyer in the case that Judge Bright considered discipling. She apparently gave the prosecutors a pass, even though she has already ruled that they committed prosecutorial misconduct serious enough to warrant a new trial for Msgr. Lynn. If the state Superior Court had not already granted the monsignor a new trial.

There is plenty of prosecutorial misconduct in the Lynn case to get upset about.

If Detective Joe Walsh, the D.A.'s lead investigator is to be believed, the prosecutors blew off Walsh when he repeatedly told them that their star witness -- Danny Gallagher AKA "Billy Doe" -- wasn't credible, and that the evidence he gathered contradicted Gallagher's fantastic stories of abuse.

If Walsh is to believed, it was the prosecutors who never disclosed to the defense that Walsh had repeatedly grilled Gallagher about nine key factual discrepancies in his stories. And that Gallagher's response was to either say nothing,  claim he was high on drugs, or tell a new story.

But as far as Judge Bright is concerned, rather than being honest, it's far more important for lawyers in her courtroom to refrain from talking to reporters.