back then he went into the retirement center and beat up father gerald lindner. sist a child he says he abuse z himd and his brother. lynch has not denied the attack and says it was justified because of the abuse decades earlier. father lindner has denied he ever molested lynch or his brother. however, boetd lynch and his brother settled a suit against the jesuits. lynch's attorney said last night his client is eager to top. the group s.n.a.p. say they will be here closely monitoring the trial, and they are very upset with the district attorney's office. >> the district attorney's office knows what father lindner is. i think what they should be concerned with here is the safety of children and the people that are allowed it to roam freely at the paradise here that they have set up for these predators. >> reporter: if convicted lynch faces four years in prison. the statute of limitations prevented prosecutors from goalkeeper aft going after the priest for the alleged sex abuse. that's one of the reasons s.n.a.p. is angry about what happened here. this testimony is

. >> the case of william lynch versus father gerald lindner started a week ago today in san jose and could come to an end today. lynch does not deny beating father lindner, about two years ago. he says he did it out of retaliation for the sexual abuse he suffered at the the hands of the priest in the mid 1970s. the priest took the stand and denied the allegations despite the fact that the church paid a settlement to lynch and a few others a few years back. the father's testimony comes after the prosecutor told the jury the priest would likely lie under oath, so the defense is asking for a mistrial. here's the lead defense attorney. >> this is what's known as suborning perjury. you could be a defense lawyer, you can be any lawyer, you can't get away with it. we know of three additional victims have come forward so this is exactly what he wanted. he wanted this man out in the open, he wanted people to not be afraid and i think he's accomplished what he wanted. >> if the judge declares a mistrial, do both lynch and father lindner walk free? our analyst explains why that could happen. >>

william lynch testified he punched father gerald lindner for allegedly molesting lynch and his brother. katie marzullo is live outside the courthouse. >> reporter: it is a long and detailed story right out of the gate the d.a. related her case against william lynch. then lynch took the stand. right away he admitted that he did hit father jerry lindner. he said, "i don't want to insult the jury." his attorney took him back to 1947 to that camping trying he -- trip he took involving families that where he says he met father jerry as they called him for the first time. he went into graphic testimony about what he says was rape and molestation that happened in father jerry's tent between father jerry and both he and his brother, several times during his testimony he broke down crying with his head in his hands, it was clear it was difficult for him to talk blood pressure. he says father jerry threatened to kill him and his family if he ever told. he says that is why he did not tell until he was in his 20s. he and his brother talked to his parents. will lynch said he decided he needed to do

this follows yesterday's bombshell in the trial of william lynch accused of beating the priest gerald lindner. amy hollyfield is live at the court in san jose. >> reporter: good morning. the defense asked for a mistrial today it was denied. the parents of the defendants let out a sigh when the decision was an . i didn't hear the sigh i was three rows behind them. but the bailiff did and scolded them for reacting in court. here's video of the defendant and his defense attorney heading into court this is before the announcement was made. lynch is on trial, william lynch on trial for felony assault accused of beating a priest who he says molested him in court the defense argued the entire defense is based on the credibility of the priest without him on the stand he says the case is blown because he can't test that credibility he says with the priest invoking his fifth amendment right and the judge throwing out the priest's testimony the case should be thrown out the judge disagreed. lindner insisted he did not sexually molest his attacker. the jury was told to disregard that testimony so the tri

are set to begin tomorrow. 43-year-old lynch was arrested for allegedly beating the reverend gerald lindner in october of 2010. police say lindner was beaten to within an half of his life at his retirement home. lynch says the reverend molested hill and his younger brother in 1975. and lynch says he's always dreamed about confronting the priest. >>> it is a busy day for san francisco's sheriff. later this afternoon, there will be a three-day hearing into whether he can get his job back. new at noon, rob roth is live in san francisco to let us know what happened in court this morning. rob? >> reporter: suspended sheriff ross mirkarimi has some harsh words for mayor lee and other officials who are trying to remove him from office as he prepares for the hearing before the ethics commission. >> what they've been doing mayor lee is throwing whatever they can against the wall, piling on an immense amount of smear in which we are seeing in the declarations themselves and we'll do everything we can to address it and clarify it. >> reporter: mirkarimi spoke to reporters this afternooning after his p

this follows yesterday's bombshell in the trial of william lynch accused of beating the priest gerald lindner. amy hollyfield is live at the court in san jose. >> reporter: good morning. the defense asked for a mistrial today it was denied. the parents of the defendants let out a sigh when the decision was an . i didn't hear the sigh i was three rows behind them. but the bailiff did and scolded them for reacting in court. here's video of the defendant and his defense attorney heading into court this is before the announcement was made. lynch is on trial, william lynch on trial for felony assault accused of beating a priest who he says molested him in court the defense argued the entire defense is based on the credibility of the priest without him on the stand he says the case is blown because he can't test that credibility he says with the priestg his fifth amendment right and the judge throwing out the priest's testimony the case should be thrown out the judge disagreed. lindner insisted he did not sexually molest his attacker. the jury was told to disregard that testimony so the trial is co

william lynch testified he punched father gerald lindner for allegedly molesting lynch and his brother. katie marzullo is live outside the courthouse. >> reporter: it is a long and detailed story right out of the gate the d.a. related her case against william lynch. then lynch took the stand. right away he admitted that he did hit father jerry lindner. he said, "i don't want to insult the jury." his attorney took him back to 1947 to that camping trying he -- trip he took involving families that where he says he met father jerry as they called him for the first time. he went into graphic testimony about what he says was rape and molestation that happened in father jerry's tent between father jerry and both he and his brother, several times during his testimony he broke down crying with his head in his hands, it was clear it was difficult for him to talk blood pressure. he says father jerry threatened to kill him and his family if he ever told. he says that is why he did not tell until he was in his 20s. he and his brother talked to his parents. will lynch said he decided he needed to do

. >> certainly the main witness in this case is gerald lindner. who's to say what occurred in that room unless he's willing to say it. >> reporter: the defense has wanted all along to expose him as a child molester, that he raped william lynch and his brother on a camping trip 35 years ago. the prosecution was trying to use the father as its key witness. now, william lynch's defense team does plan to refile a motion for a mistrial, while the prosecution feels that it can proceed without the testimony of father jerry lindner. i'm arturo santiago, nbc bay area news. >>> there's new hope for juvenile offenders sentenced to life in prison without the chance for parole. mandatory life accesentences we ruled unconstitutional. it does not immediately impact california because judges here are allowed to consider the circumstances of each case before accept tensing, but many believe the ruling could lead to the end of life without parole for juveniles in the future. daniel horowitz says some offenders never deserve a second chance. >> when you've actually

a judge in san jose letting father gerald lindner take the fifth during the trial, 44-year-old william lynch. lynch admits to beating lindner out of anger over being molested by the priest. lindner denies the molesting. lynch and his brother in testimony last week, prosecutors acknowledged would be a lie. the defense attorney in this case, their side says it's being robbed of the chance to get the truth out of the priest. >> we were supposed to get the opportunity to question him and cross-examine him and we don't get to. i think it's a laughing stock of justice. >> lynch's attorneys say they will refile a third motion for a mistrial this morning. >> 4:36. a prostitution bust has turned into a rescue for a group of teen girls. the fbi says they were being exploited as sex slaves. the fbi along with several bay area police and sheriff departments say six teen girls at the center of a prostitution ring were victims, sometimes brought here from other countries. >> they are brought here under false pretenses, they are told for this amount of money they can get their visa, they can live in

the trial of william lynch, accused of assault and elderly abuse of gerald lindner, a jesuit priest. this attack apparently happened in 2010. lynch says in the 1970s lindner molested him and his brother. mary eden says she saw lynch standing over him and aggress e aggressively hitting him, her words, that he had plood blood on his face, that lynch tried to leave and come back but stopped him from returning and let him know that a receptionist had called 911. on cross-examination, defense attorneys questioned why that version of events was not in the initial police report. the trial began last week in a courtroom that has spectators claiming to be victims themselves of abuse. lynch had pleaded not guilty to charges that he beat lindner at that retirement home for priests in 2010. reporting live in san jose, christie smith, nbc bay area news. >>> an occupy protester accused of throwing bricks into a crowd last month is in court this morning. 34-year-old jesse necessasbitt appearing for his preliminary hearing on felony assault charges. police say he lobbed bricks and metal pipes toward

will lynch is on trial for allegedly assaulting father gerald lindner, a priest lynch said sexually abused him as a young boy, abuse that both the defense and prosecution believe happened. as a matter of fact, the prosecution told the jury in opening arguments that lindner might perjure himself on the stand by di r denying that abuse took place. it's something he did deny under oath, and that's why lynch's lawyers wanted the judge to declare a mistrial. their argument is it's against the law for prosecution to knowingly present perjured testimony. the judge pointed out no one can say lindner perjured himself because in the eyes of the law he was never convicted of molestation and has never stated he had molested lynch. the judge also said the prosecution was not in my way trying to deceive the jury in order to obtain a conviction. >> after the heartache of all these decades that this priest has never gone to trial for all these crimes, the church has settled $3 million in settlements against him, yet the first day he was ever in court was last wednesday. it's heartening to the survivors th

a san francisco man admitted he beat a roman catholic priest, describing to jurors how father gerald lindner sexually molested him and his brother and also revealed how he hit lindner several times when he confronted him at the sake kret heart jesuit center two years ago. he wanted lindner to sign a document admitting he sexual assaulted him and his brother but never planned to beat the priest. >> you can look at mr. lich and see true emotion in his face. he was talking from the heart. >> and he denied molesting lynch, prosecutors admitted as much, he invoked his 5th amend rights. >> the family of a missing baseball fan is not giving up on the search to find him. he was last seen in a parking lot on pier 32 around 11:00 on monday night. there is a friend fears he may have fallen into the bay. and there is a private water search for the corrections officer. the coast guard suspended the search. the family is handing out flyers to boaters hoping they can aid in this search. >> and they're going to be getting out flyers and hoping someone will see him. if he's out there, that they'll find him.

father gerald lindner sat on the witness stand but did not say word as attorneys argued over the alleged assault by and refuse to answer any questions about allegations he molested lynch when he was 7. the judge ruled that the father is within his rights to do so but since he already testified for the prosecution the ruling means the defense gets no chance to cross-examine father gerald bender who denied molesting him under oath. >> the essence of the judicial system is cross-examination, that is how we have chosen to get to the truth. that is what the founding fathers chose is the best way to get to the truth. we have been denied that and how was that fair? >> the judge issued late ruling that the entire testimony would be stricken from the record including identifying lynch as the man who beat him. certainly the main witness in this case is father gerald winter. who's to say what occurred in that room unless he is willing to say. i can understand that the d.a. needed to bring this case and they will need to about whether they can still prove it. >> the jury has no idea what has been go

william lynch accused with attacking gerald lindner in 2010 in a rest home. lindner is a former priest lynch says sexually abused him as a child. the judge disallowed testimony from three witness who's say they're also victims. and one expert says records do place him in the area where the attack happened. >> it's typical we have to deal with these issues. we're willing to tell them he was there. never theless we had to sit l and listen to mr. wizard give his presentation about what cell phones are like. >> and lynch's attorneys wanted to question lindner but he pleaded the fifth yesterday, refusing to testify any further, last week he took the stand and key denied molesting lynch. the judge threw out testimony and rejected three defense requests for a mistrial. >> and there is a decision expected any moment now from the san francisco district attorney on whether child pornography charges will be filed against a san francisco gay advocate. the d.a.says it's waiting for evidence before deciding on charges. police say brinken had pornographic images of children

william lynch does fot deny beating father gerald lindner claiming he molested his brother and him when they were children. now, they're claiming misconduct from prosecutors. the priest would likely lie under oath when asked if he molested the boys. that's despite significant evidence to the contrary. so the defense claims prosecutors broke the law. prosecutors opposed the motion saying their legal obligation is met when they correct those lies. >> here's new information on that crash that killed a woman. tonight, chp officers say they found a man they think may have caused that crash. this is what was left of the woman's car after the accident. police say she lost control of her car and slammed into a tree on highway 85. the accident happened at about 6:30 last night. officers say they had a license plate of the car that was driving recklessly at the time of the accident. chp officers say they have not arrested the man and he is cooperating with the investigation. but the chp is still on the look-out for more witnesses of that accident. a mother is anxiously working the internet to try

father gerald lindner denied he abused -- lynch has pleaded not toy assaulting lindner in 2010. >>> in hayward investigators looking into what -- what caused a fire that heavily damaged a home last night. by -- [ inaudible ] >>> -- [ inaudible ] [ unintelligible ] >>> fire investigators may finish sifting through the debris at the site of a massive fire at west oakland bart station sometime today. they've gone through 30,000 pounds of rubble left when a senior home construction burned to the ground 10 days ago. investigators have not said if they found anything pointing to the cause. that blaze crippled the commute for several hours shutting down bart service from east bay to san francisco. >>> cool weekend, looks like we'll start our workweek the same way which is great. julissa argen with the forecast. >> easy trancization -- if you got used to the weather over the weekend. today we are not talking about real changes clouds up to the north this is live doppler picking up more in the way of low cloudiness around the bay throughout the morning as a weak trough begins to lift. mid 50s f

william lynch is on trial for the 2010 beating of father gerald lindner who lynch says repeatedly raped him when he was a child. a judge has denied a mistrial request yesterday the father invoked his fifth amendment rights yesterday and refused to answer any more questions. the judge struck all of lindner's previous testimony after the defense argued it would be unfair to allow it to stand if they couldn't cross-examine father lindner. the statute of limitations has run out on the alleged rape but father lindner could be charged with perjury for denying the molestations on the stand. >>> later today crews will head back into a mall that collapse trapping two and injuring 20 parts of the mall parking deck coll lambed on to the mall saturday at least -- collapsed on the mall saturday it trapped at least two people. efforts were stopped after it became too dangerous to continue the search. crews will head back in later today after securing parts of the collapsed structure. >>> the panel that oversees san francisco international airport will take a vote that could kill plans to build a hydr

during the trial eight victims you describe the abuse and graphic detail william lynch be fathered gerald lindner in 2010 when says it was retaliation any says he molested him and his brother as a child. a convicted kidnapper has moved into the peninsula city back in 1976 richard show and fell into of his brothers hijacked a school bus with 28 children from out cholon the segment at county the hostages escaped after 11 hours he was living with his mother in mountain view. we have to seriously think is he okay now is the rehabilitated? another hint; to be more cautious? probably. i can't imagine what would possess them to do such a thing. the monday police department says that he has been determined to be a low risk to the can to the community tonight taking part in the castro could be more to him the event is a gay pride tradition of food trucks replace the main stage castro and market there will be more officers are seen public intoxication cancer drugs are glass bottles are not allowed as part of this weekend's festivities sipping trials the install this morning and 20 to. it is a symbol of the

will be making a request for a mistrial william lynch is on trial for the 2010 beating of father gerald lindner. lynch says lindner repeatedly raped him when he was a child a judge denied a request for a mistrial yesterday. the father refused to answer any more questions the judge struck all of lindner's previous testimony after the defense argued it would be unfair to allow it to stand if they couldn't cross-examine father lindner. the statute of limitations has run out on the alleged rape but he could be charged with perjury for denying the know low s on stan. >>> police -- sunday night investigators say two 27-year-old men were walking with friends when they got nikon front with a group of people -- they got into a confrontation with a group of people. suspect is described between 19 and 25. >>> this morning bay area police departments are investigating two officer involved shootings in east palo alto, san mateo county vehicle theft task force agent fired at a suspected car thief. that thief tried to ram them with a car. suspect ran from the scene but was arrested a short time later he's now

. >> in past years the catholic church has settled lawsuits alleging gerald lindner has abused boys. >>> witnesses tell us a car careening out of control hit and killed a man simply sitting at a bus stop. that tragic scene playing out just before b 11:00 this mornin. the accident closing streets near california and squala for hours. arturo is live in mountain view with more on the story. the victim and the driver. >> reporter: jessica, the streets have reopened and traffic is now flowing back to normal. behind me is the bus stop where all this happened. and repairs are continuing. you can see a single flower has been left behind now in memory of the victim. the victim has been identified as 50-year-old william ware of mountain view. witnesses who saw it happen describe an t-of-control car, and a gruesome chain of events. he said the man was hit and pulled underneath the car which then careened down the street and knocked down three trees. earnesto and a co-worker were only a few feet away from the man who was hit by a speeding audi this morning. earnesto tells me the car was going ab

. >> certainly the main witness in this case is gerald lindner. who is to say what occurred in that room unless he is willing to say it. >> reporter: the defense has asked the judge to throw out the case against william lynch twice. this was yesterday. first because they argued the prosecution knowingly allowed the father to falsely testify and second, for prosecutorial misconduct. the judge rejected the requests for a mistrial f. he were to reject the third request the prosecution believes it can proceed in the case against lynch though it wouldn't have the testimony of his accuser. reporting live outside the hall of justice, bob redell, "today in the bay." >> police continue the search for an armed gun man. the suspect confronts eric gilbert in his driveway friday morning several times the gunman pulls the trigger but the gun does not fire. gilbert manages to get inside, locks the door when a neighbor distracts the suspect. that man, he says this neighborhood watches out for each other. >> we are a neighborhood here. we try our develop best to h

they are considering the gays of william lynch accused of assaulting father gerald lindner. lindner's denial during testimony that he sexually abused the boys has turned the case into turmoil. he has also now committed perjury which he did on the stand on thursday. so i think this case should have never come to court i certainly think it ought to be dismissed now. >> the lawyers from both sides will meet likely to discuss the defense's motion to have the case tossed out. >> investigators don't know what started the fire that damaged several of san francisco's pier 29. they have pointed it to an electric box where crews were working. port officials say parts of the building will likely to have be attorney down. the damage is almost 2.5 hillion. the fire will not affect yesterday's race. >> happening now in the east bay, some bay area parents holding their ground seven days into a protest to keep their kids' school open. stephanie chuang is live. what are the five boths and the clothes. >> reporter: good morning. all weekend long, parked across the street. we heard from protes

. >> certainly the main witness in this case is gerald lindner. who is to say what occurred in that room unless he is willing to say it. >> reporter: the defense has already asked the judge twice to throw out the case against william lynch. twice yesterday, first because they argued the prosecution knowingly allowed the father to falsely testify. second, for prosecutorial misconduct. the judge rejected both requests. if he were to reject the third request expected later this morning, the prosecution says it believes it can proceed with the case against william lynch in spite of the fact it would not have the testimony of his accuser. reporting live, bob redell, "today in the bay." >> antioch police continue their search for an armed gun man whose crime was caught on camera. the suspect is seen confronting eric gilbert after he pulled into his drive way. very bold. several times that gun man pulled the trigger but the gun doesn't fire. gill sbe gilbert is able to get in his home. the neighbor certainly watch out for each other. >> we are a neighbor

a mistrial and then ruled that three of the people who say they will work molested by father gerald l. lindner will not be allowed to testify. one of them is his niece, who waited for decades to confront her uncle >> i know if i can say this on camera but i am pissed off >> winch is accused of beating the father at a retirement home. it the other witnesses would have helped the defense tell the back story of what happened >> i wanted to be able to say what jerry did, that he is a molester >> and ups said defense team was still reeling from being denied a chance to cross-examine him yesterday. a judge ruled the father is entitled to take the fifth and will have his entire previous testimony stricken from the record. that leaves the case hinges on the testimony of william lynch himself. tomorrow, a police officer will be on the witness stand. on friday, william lynch will take the witness stand. >> rescue crews have called off the search for a man who vanished along the san francisco waterfront. it is believed that 27 year-old fell off of appear to after he and a friend had left the giants game

father gerald lindner. now, 68, lindner is the alleged victim of a bloody beating by lynch in 20 may 10. he was under guise of delivers news of a family member and pummeled lindner. >> society is the victim of all this, there is a man sitting up there at los gatos who is a rapist and mow left children and allowed to go free. >> reporter: lindner once taught in los angeles, accused of but never prosecuted for abusing as many as ten children. the statute of limitations expired by the time alleged victims came forward. still, the catholic church paid millions of dollars to settle claims to lindner's accusers, including $625,000 to lynch, and his younger brother. lynch told the "los angeles times" in 2002, he had long thought about confronting father lindner to, quote, exercise all of the rage and anger and bitterness he put into me. he stole my innocence and destroyed my life. lynch's supporters, including his parents, gathered daily with pickett signs outside the santa clara county courthouse. prosecutors dec

william lynch is accused of beating gerald lindner. ,,,,,, discover british columbia. britvisit:lumbia. >> the metering lights are still on at the bay bridge toll plaza but not too bad if you are approaching the pay gates. most of the delays are affecting your drive into san francisco. some pal train delays, it 207 and 211 are cancelled but there are replacement trains. >> we're looking at patchy fog around the bay area this morning. fog is starting to break up just a little bit. temperatures outside now mainly in the fifties and you 60s. eighties in the valleys and '60s towards the coast line. a little bit cooler on saturday but warming up as we head,,,,,,, >>> indeed if there was a,,,,,,, >>> if indeed there was a pay to enter scheme, people will be punished. if not, let's exonerate these men. at this point, it seems like a smear campaign. no, it's not something that was affecting i think our success. >> it sounds to me like you're fed up, and i can get you a deal with the jets. if you're fed up -- [ laughter ] >> i can get you a deal with the jets. you don't need to

william lynch accused of attacking father gerald lindner at a retirement center in los gatos two yearsning more about the baseball fan who fell into the bay after monday night's giants game. he's 27-year-old victor marie owe working as a prison guard in vacaville. friends say they last saw him as they headed for thirty cars parked on pier 32. an extensive search in that water and from the air found no signs of him. his sister says he did not know how to swim. >>> a look at your weather and traffic after the break. >>> welcome back. 9:28. taking a live look over alcatraz. we live here. yes, we live here. the bay area just a beautiful day. temperatures are going to be absolutely phenomenal. most of the united states suffering from extreme heat. so take a look at these readings and enjoy them while they last. 79 degrees in san jose today, about 81 in los gatos, just 80 degrees in livermore today and 83 in fairfield. staying far below our averages for this time of the summer. we'll go even lower heading through saturday and sunday with temperatures to hit the mids 70s. then we round your n

investigators say he attacked father gerald lindner in los gatos back in 2010.trip. lynch's supporters say he needs to have a voice. >> and i think that the pummeling of will lynch, who's a hurt, broken man, while the accused serial pedophile is allowed to roam free, is just disgusting. >> now, the priest has denied the alleged sexual abuse. if william lynch is convicted, he faces up to four years in prison. >>> we will check the first day mecar rendfo a sthe t roads after the break. >>> welcome back. 9:28. taking a live look over alcatraz. a beautiful clear day. tomorrow at this time hard to be able to see that alcatraz island as we'll see a lot more cloud cover and a much cooler day. it's crystal clear from the coast to concord. 71 there right now. this afternoon, your temperatures are going to climb into the 90s. and we still have those warm down-sloping winds so, keep that in mind. elevated fire danger for today. by tomorrow, a much different scenario develops. 90 degrees in san jose. tomorrow, 75 degrees. as we head through friday, we hold onto that cooler