By Tony Hanson

PHILADELPHIA (CBS) — A municipal judge today rejected a defense motion to dismiss the child endangerment case against Philadelphia priest Msgr. William Lynn because of newly discovered evidence in the clergy abuse case.

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Lynn is charged with endangering children by allowing predator priests to remain in ministry, thereby giving them access to abuse more children.

But the defense cited new evidence — a memo that the late cardinal Anthony Bevilacqua ordered the shredding of a list of problem priests. The defense suggested that Lynn was not “in the loop” of the decision making that protected the priests.

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But the judge has rejected the motion after hearing from the prosecution.

In court, assistant DA Patrick Blessington accused the defense of filing the frivolous motion in a blatant attempt to pollute the jury pool. The defense denied that.

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Jury selection began last week. Lynn has pleaded not guilty.