By Steve Tawa

PHILADELPHIA (CBS) — While a Philadelphia judge has decided that Monsignor William Lynn will be retried on a child endangerment charge, still up in the air is how many church-abuse victims can testify, if and when the trial happens.

Complete Coverage: Monsignor William Lynn

Monsignor Lynn has already served 33-months of a three-to-six-year sentence for his alleged failure to take action on a single sex abuse complaint. His conviction has twice been overturned, so even if he is again convicted, he would almost immediately qualify for parole.

The Pennsylvania State Supreme Court threw out his 2012 conviction due in large part to the testimony of 23 priest abuse victims not directly tied to the Monsignor’s case.

His defense lawyer has 30-days to appeal Judge Gwendolyn Bright’s retrial decision to Superior Court, in an effort to have the case dismissed.

Meantime, the Philadelphia District Attorney’s office wants to introduce the complaints of nine more victims, in an effort to show that Lynn helped hide the priest-abuse problem. Judge Bright says only one will be admitted, although she may consider a few more.

Prosecutors will let her know by week’s end whether they will appeal that aspect of the case.