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Judge nears decision on Bevilacqua competency

A judge said today she expected to receive a report next week that could help her decide if and where Cardinal Anthony J. Bevilacqua testifies about clergy sex-abuse cases in the Archdiocese of Philadelphia.

A judge said today she expected to receive a report next week that could help her decide if and where Cardinal Anthony J. Bevilacqua testifies about clergy sex-abuse cases in the Archdiocese of Philadelphia.

Common Pleas Court M. Teresa Sarmina said she would get the report on Nov. 17 and told lawyers to return to court the next day for a status conference in the prosecution of four current and former priests.

Sarmina did not describe the report, but she has been awaiting the results of a mental-health examination of Bevilacqua by prosecution experts.

Lawyers for the 88-year-old cardinal, who retired in 2003, say he suffers from dementia and is unfit to testify in the case against Msgr. William J. Lynn, a former top aide accused of covering abuse by archdiocesan priests.

Prosecutors contend the cardinal is competent but have asked to question Bevilacqua now in a video deposition in case he's unable to testify at the March trial. They say the deposition should occur in open court but the cardinal's lawyer, Brian McMonagle, has proposed a private deposition.

Sarmina has tentatively scheduled the deposition to start Nov. 28.

Lynn faces charges of endangerment for allegedly placing abusive priests in position to assault children. Arrested with him were two priests, a defrocked priest and a former Catholic school teacher who prosecutors say molested two boys in the mid-1990s.