i thought maybe we finally caught it but maybe we did, and we'll see. >> reporter: tom bergstrom just saw monsignor lynn a few months ago at that prison in north philadelphia. meanwhile his focus right now is to try to get his client out on bail as he awaits a new trial. reporting live in the sat center tonight, david spunt cbs3 "eyewitness news". >> david, thank you for that. >>> the police officer who shot and killed a 12-year-old black child in cleveland who was playing with what turn out to be a pellet gun will not be charged. a grand jury declined to indict timothy low man a white police officer for shooting tamir rice who was gunned down in novembe november 2014. prosecutors say the officer had a reason to fear for his life. the boy's family condemned the decision but urged for peaceful protests. >>> chicago mayor emmanuel cut his vacation short and calling for meadery view after chicago police shot two people to death over the weekend. officers shot 19-year-old la greer saturday while responding to a domestic disturbance call. 5584 old betty jones who lived downstairs from la g

i thought maybe we finally caught it but maybe we did, and we'll see. >> reporter: tom bergstrom justaw monsignor lynn a few months ago at that prison in north philadelphia. meanwhile his focus right now is to try to get his client out on bail as he awaits a new trial. reporting live in the sat center tonight, david spunt cbs3 "eyewitness news". >> david, thank you for that. >>> the police officer who shot and killed a 12-year-old bck child in cleveland who was playing with what turn out to be a pellet gun will not be charged. a grand jury declined to indict timothy low man a white police officer for shooting tamir rice who was gunned down in novembe november 2014. prosecutors say the officer had a reason to fear for his life. the boy's family condemned the decision but urged for peaceful protests. >>> chicago mayor emmanuel cut his vacation short and calling for meadery view after chicago police shot two people to death over the weekend. officers shot 19-year-old la greer saturday while responding to a domestic disturbance call. 5584 old betty jones who lived downstairs from la greer

. >> that's right, "eyewitness news" was able to sit down with him, recently, attorney tom bergstromaring for a new trial and itching for another shot to prove his client is not guilty. in this exclusive interview, he says, monsignor william lynn is a scapegoat and deserves to be a freeman. >> he is actually a wonderful man. i mean, he is a priest, who all he ever wanted to do was minister to his parish. >> attorney tom bergstrom says monsignor william lynn should not only walk free but also allowed to serve the catholic church. lynn accused and convicted though of knowingly allowing sexual preditor priests to have contact with philadelphia children. >> you know, he is sort of, you know, tarred with these brushes that simply aren't accurate. so it is very frustrating for him. >> and superior court overturned lynn's conviction last week. paving the way for a new trial. it is the second time lynn's conviction was overturned. but, philadelphia district attorney, seth williams, wants those superior court judges to reconsider their decision. >> we will continue to fight, to keep monsignor

. >> attorney tom bergstrom says monsignor william lynn should not only walk free but also allowed to serve the catholic church. lynn accused and convicted those of know little allowing sexual preditor priest toss have contact with philadelphia children. >> you know, he is sort of worked hard with these brushes that similarly aren't accurate. very frustrating for him. >> superior court overturned lynn's conviction last week, paving way for new trial. second time lynn's conviction was overturned, but philadelphia district attorney seth williams wants those superior court judges to reconsider their decision. >> we will continue to fight, to deep monsignor lynn in state custody, where he belongs. >> williams says the evidence is clear. >> monsignor lynn knew how dangerous it was to put a pedifile into a school with children. >> bergstrom and lynn just want another chance to prove what they say is the truth. >> what bothers him the most is the inaccuracy of some of the perceptions in terms of what he really did. like i said, he never harmed a child. we've been chasing justice for four yea